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Privacy Policy Of Homes Direct

At Bringing America Home, LLC d/b/a HomesDirect and HomesDirect: America’s Home Buying Club ("HomesDirect"), we know you care about your personal privacy and about the terms and conditions that govern your relationship with HomesDirect.  Because we are dedicated to serving your needs and respecting your preferences, we have adopted the policies and practices described in this Privacy Policy.  All of the capitalized terms used in this document have the same meaning that they have in the Terms of Use Agreement. 

This Privacy Policy covers HomesDirect’s treatment of personal information that HomesDirect gathers during the course of its relationship with you, including through your use of a HomesDirect Website or during the course of communication by telephone, mail, email or fax or other means of communication. 

This Privacy Policy, as it may be revised, updated or amended periodically, is part of the Terms of Use Agreement between HomesDirect and you.  All registered users of the websites of HomesDirect click the "I AGREE" checkbox on the registration form to agree to the HomesDirect Terms of Service and this Privacy Policy.  

This Privacy Policy does not apply to content you post or otherwise make available to other users or the public via the website. You acknowledge that your name, user name and contact information may be displayed to other users when you post content.  If you are a real estate professional, your HomesDirect user ID number may also be displayed as part of the URL enabling consumers to go directly to your company or personal web page.  Any content you submit to a HomesDirect website may be widely redistributed through the Internet and other media channels.

This Privacy Policy statement applies solely to information collected by HomesDirect.  Our Website may contain links to other websites maintained by third parties.  HomesDirect is not responsible for the privacy practices of such websites.  HomesDirect encourages its Members to read the privacy policies of all websites that they view. 

Because of the nature of our business, our services and benefits are not designed to appeal to minors. We do not knowingly attempt to solicit or receive any information from children.

HomesDirect may communicate with you by phone, fax, e-mail, in person or other means. 

Why We Collect Information
In general, we collect and use information about you for the purposes of:

  • Providing our products and services to users and Members, including displaying customized content and advertising;
  • Auditing, research and analysis in order to maintain, protect and improve our services;
  • Ensuring the technical functioning of our network; and
  • Developing new services.

Information We Collect
We offer a number of services that do not require you to register for an account or provide any personal information to us, for example HD Outlet and HD University.  For other services, we may collect the following types of information:

  • Information you provide - When you sign up as a Member of the Home Buying Club, we ask you for personal information (such as your name, email address and an account password). We may combine the information you submit under your account with information from other HomesDirect services or third parties in order to provide you with a better experience and to improve the quality of our services.  For certain services, we may give you the opportunity to opt out of combining such information.  In addition, when you send email or have other communication with HomesDirect, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
  • Information provided by others - We may receive information about you from other sources, such as our clients, agents, vendors and service providers, and from publicly available sources.  For example, if you are receiving HomesDirect services as a benefit of belonging to a professional trade group or brokerage firm, your trade group or brokerage firm may provide us with information to verify your eligibility to receive the service. Similarly, if we provide a service in connection with another web site, that site operator may send us personal information you provide to them to enable us to deliver the service.
  • Cookies and Web Beacons - Cookies are pieces of data that a website transfers to a user's hard drive for record-keeping purposes. Web beacons are transparent pixel images that are used in collecting information about website usage, email response and tracking.

When you visit a HomesDirect website, we send one or more cookies to your computer that uniquely identifies your browser.  We use cookies to improve the quality of our service by storing user preferences (e.g. user ID and password prompts and wish list registration) and tracking user trends, such as how many times a particular property listing has been viewed.  HomesDirect may also use cookies and web beacons in association with emails it sends to you and to track visits to affiliate and Affinity Company websites.  These cookies and web beacons may be associated with personal information (such as your email address).

  • Log information - When you use a website, servers automatically record information that your browser sends to the website.  These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.  This information  is used to diagnose server problems, monitor traffic patterns, analyze trends, administer the Website, track Member and user patterns and identify the most popular areas of the Website to deliver content most relevant to users and Members.  IP addresses are not linked to personally identifiable information and are only used to gather broad demographic information for aggregate use, except in the case of fraud or an attack on our server or systems. 

How We Use Collected Information
We process information we collect about you in accordance with this Policy.  HomesDirect only shares personal information with other companies or individuals outside of HomesDirect in one of the following circumstances:

  • We have your consent.
  • You are provided with access to our Website and services pursuant to a contract between us and a third party.  Your personal information may be shared with such third party for reporting or enforcement purposes.
  • You have or create an account with a third party who is providing a service that requires passing information to access your third-party account or tie it to your HomesDirect Member account (e.g., moving from one password-protected account to another without having to login twice, auto-populating forms from a property listing or tax roll data). Your personal information may be shared with such third party for authentication, reporting and enforcement purposes.
  • We provide such information to our affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf.  We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
  • We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Use Agreement including investigation of potential violations thereof, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) address emergencies or acts of God, (e) address disputes, claims or persons holding a beneficial interest, or (f) protect against imminent harm to the rights, property or safety of HomesDirect, its users or the public as required or permitted by law.

We may also gather aggregated data about website visitors and disclose the results of such aggregated (but not personally identifiable) information to our affiliated companies, service providers, advertisers and/or other third parties or the public for marketing, research, promotional or other purposes.

If you contact us through the Website and request further information on a house, we will contact you to provide that information if we are the Listing Broker, and, we are not the Listing Broker, we will contact you to get your permission to send your contact information to the Listing Broker.     

If HomesDirect becomes involved in a merger, acquisition or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

HomesDirect stores and processes personal information on its servers located in the United States of America. If a service provider is located outside the USA, we may pass personal information as described above to a server located in the provider’s country in order to provide services to you.

Except as described in this Policy, we do not sell, rent or otherwise share or disclose your private, personally identifiable information to third parties.

Our Security Measures to Protect Information
To help protect the privacy of data and personally identifiable information you transmit through use of HomesDirect websites, we maintain physical, technical and administrative safeguards.  We also update and test our security technology on an ongoing basis.

Accessing and Updating Personal Information
When you use a HomesDirect Website, we try to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes.  We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required.  In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.  If you want to update personal information that we have received from a third party who has contracted with us to provide you with access to a HomesDirect Website or service, your only recourse to update such personal information may be through that third party.

Enforcement
Please feel free to direct any questions or concerns regarding this Privacy Policy or HomesDirect’s treatment of personal information by contacting us through this website or writing to us at the address specified below.  When we receive formal written complaints, it is our policy to contact the complaining Member regarding his or her concerns.  We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between HomesDirect and an individual.

Changes to Our Privacy Policy
We reserve the right to amend this Privacy Policy at any time, for any reason, without notice to you other than the posting of the amended Privacy Policy on the HomesDirect websites.  Changes will be effective when posted. The provisions contained in this Privacy Policy supersede all previous notices or policies regarding our privacy practices and the terms and conditions that govern the use of HomesDirect websites.

Questions Regarding the Privacy Policy
If you have any questions about our Privacy Policy, or any concern about privacy at HomesDirect or the use of HomesDirect websites, please contact us by email at info@shophomesdirect.com, call 1-800-842-8600 or write to Bringing America Home, LLC, 2500 Maitland Center Parkway, Suite 311, Maitland, FL 32751.

Last revised: July 31, 2009

TERMS OF USE AGREEMENT

BETWEEN MEMBER

AND HOMESDIRECT

This Terms of Use Agreement ("Agreement") sets forth the terms of use between Bringing America Home, LLC, a Florida limited liability company d/b/a HomesDirect and HomesDirect:  America’s Home Buying Club ("HomesDirect", "us" or "our") and you ("you", "your").  HomesDirect and you are sometimes collectively referred to as the "Parties" or individually as a "Party."  This Agreement governs your relationship with HomesDirect, including your use of www.shophomesdirect.com and its other websites.  By accessing, browsing or using www.shophomesdirect.com, its divisions, service groups, or any page thereof, through any direct or indirect means (individually or collectively, "Website"), or by utilizing the goods, facilities or services offered in or through the Websites through alternative methods (including, but not limited to, telephone, mail, email or fax) (the terms "Website" and "Websites" include use through these alternative methods) and clicking the "I AGREE" checkbox on the registration form, you hereby accept and agree to be bound by this Agreement. 

NOW, THEREFORE, in consideration of your use of the Website and other services, the mutual covenants and agreements of the Parties contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties, intending to be bound, hereby agree as follows:

1. NATURE OF THE CONTRACT BETWEEN YOU AND HOMESDIRECT
By using the Website and clicking the "I AGREE" checkbox, you acknowledge your acceptance of the terms and conditions of this Agreement.  By affirmatively clicking the "I AGREE" checkbox, you are simultaneously (i) registering as a member of HomesDirect Home Buying Club ("Member"); (ii) making certain representations and warranties, as further described in section 13; and (iii) agreeing to the terms and conditions of this Agreement.  If you do not accept this Agreement, you are not authorized to use the Website.  If you have any questions about this Agreement, please call us at 800-842-8600, contact info@www.shophomesdirect.com or write us at 2500 Maitland Center Parkway, Suite 311, Maitland, FL 32751.  Unless otherwise expressly agreed in writing in a separate document, WE ARE NOT ENTERING INTO A REAL ESTATE BROKERAGE RELATIONSHIP WITH YOU AND DO NOT REPRESENT YOUR INTERESTS AS BUYER.   We do not offer legal, accounting or tax advice or pay the cost of such services for you. 

2. DO NOT CALL EXCEPTION
By using the Website and clicking the "I AGREE" checkbox, you understand that you are agreeing to the terms and conditions of that submission and this Agreement; you are submitting an inquiry as a Member;you are extending an express invitation to HomesDirect  to contact you by telephone at the phone numbers you have provided so HomesDirect may assist you with your transaction; and you hereby consent to any such phone calls even if your phone number is on any Do Not Call (or similar) list.  By saving your information with HomesDirect or by submitting a request, you grant HomesDirect permission to retain all such provided information and make live or recorded calls to discuss, provide or remind you of any information with regard to your request, including showings, loan referral requests, closing information or any other matters in connection with your request. 


3. INFORMATION YOU PROVIDE TO US
You are solely responsible for any and all information that you provide to us.  Subject to the terms and conditions of this Agreement and our Privacy Policy (as defined herein), you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to this information.  Your information must not:  (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography. 

4. DISCLAIMERS AND LIABILITY RELATING TO INFORMATION ON THE WEBSITE
HomesDirect intends that the information contained in the Website be accurate and reliable; however, much of the information posted on our Website is prepared or compiled by third parties who are not under our control.  Moreover, many of the homes posted on our Website are not owner occupied, which increases the possibility that the information is incomplete, inaccurate or unintentionally deceiving.   Accordingly, you agree that information on the Website is provided "AS IS, WHERE IS" and you acknowledge that it may be incomplete, inaccurate or erroneous.  In addition, certain other information on the Website, including but not limited to appraisals and/or broker price opinions of the value of a house and the report of a home inspection, are, by their very nature, opinions, and, as such, may prove to be incomplete, inaccurate or unintentionally deceiving.   In addition, HomesDirect may make deletions, corrections, changes and improvements to the information posted on the Website at any time.  Under no circumstances will HomesDirect be liable for any loss or damage caused by your reliance on information obtained through our Website.   It is your responsibility to evaluate for accuracy, completeness or usefulness any information, opinion, advice or other content available through our Website and to periodically review the contents of the Website. 

5. LINKS TO THIRD PARTY WEBSITES
The Website may contain links to websites maintained by third parties.  Such links are provided for your convenience and reference only.  Unless otherwise disclosed in writing, HomesDirect does not operate or control, in any respect or form, any information, software, products or services available on such websites.  By providing a link to a third party’s website, HomesDirect does not imply any endorsement of the services or the website, its contents, or its sponsoring organization.  You acknowledge and agree by leaving the Website that HomesDirect is not responsible for the accuracy or content of the information provided by the third-party website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.  This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communications lines, telephone or interconnect problems (e.g., you cannot access your internet services provider), unauthorized access, theft, operator errors, or other labor problems or force majeure. 

6. THE RELATIONSHIP AMONG HOMESDIRECT, THE LISTING BROKER, THE AFFINITY COMPANIES, THE SELLER, AND YOU
LISTING BROKER.  Many of the homes displayed on the Website are subject to exclusive brokerage or exclusive right to sell agreements (each a "Listing Agreement") with licensed real estate brokers (each a "Listing Broker").  If you inquire about a house that is subject to a Listing Agreement with a third-party Listing Broker, then we will contact you to get your permission to pass your contact information on to the Listing Broker.   You may also choose to enter into a relationship with another real estate broker to represent your interests as buyer.   Unless we have entered into a separate brokerage agreement with you, we do not represent your interests as buyer. 

AFFINITY COMPANIES.  HomesDirect permits certain third-party vendors ("Affinity Companies") to market certain affinity products to you at competitive prices and to make it simpler for you to buy a home.  We reserve the right to enter into relationships with new Affinity Companies and terminate relationships with existing Affinity Companies at any time in our sole discretion.  Also, we make no promise that any particular affinity product will be available at any time.   HomesDirect receives no compensation from any Affinity Company. 

SELLER.  We enter into marketing agreements and Listing Agreements with banks, mortgage servicers and other owners of foreclosed homes and display these homes on our website.   You acknowledge that HomesDirect is an independent contractor vis-a-vis the Seller (as defined below) and is not the employer, employee, agent, partner or joint venturer of the Seller.   HomesDirect is not responsible in any way for the timeliness of completion of any deliverable to be produced by Seller or an Affinity Company.  You agree that the independent contractor status of HomesDirect, Seller or an Affinity Company among themselves, as such status pertains to such relationship with you, is determined solely by the agreement between the applicable parties.   As used herein, "Seller" shall mean the owner of a house displayed on the Website. 

DISCLAIMER.  You agree that HomesDirect does not accept liability – either singularly or jointly – for any third-party Listing Broker, an affiliate acting as a Listing Broker, Seller, or an Affinity Company, or any other participant in a real estate transaction that may result from information provided to you by HomesDirect.   You agree and understand that HomesDirect will not in any way be involved in the terms and conditions of your loan, or contracting arrangement with an Affinity Company and that any services for which you engage an Affinity Company or a real estate broker other than HomesDirect are provided by and under separate agreement between you and such Affinity Company and such real estate broker.   You further agree and acknowledge that HomesDirect will not be in any way involved in the terms and conditions of your purchase and sale contract, or the negotiation thereof, unless HomesDirect serves as the Listing Broker and represents the Seller’s interests, or you and HomesDirect enter into a separate written contract for real estate brokerage services for representation of your interests.   HomesDirect is not responsible for and will not control the manner in which a Seller, an Affinity Company or third party Listing Broker operates and is not involved in the hiring, firing, discipline or working conditions of a Seller, third-party Listing Broker or Affinity Company.  Any problems, complaints or questions regarding the work environment, performance or other terms and conditions and/or contracting must be resolved by and between you and Seller, or any third-party Listing Broker or Affinity Company you engage, as applicable.

7. PAYMENT
Unless otherwise expressly agreed in writing, you do not pay a fee to HomesDirect, or the Listing Broker for any services provided hereunder.   HomesDirect and the Listing Broker are compensated by fees from the Seller.  The Seller also pays fees for certain affinity products from the sales price, such as the one-year home warranty and the one-year job loss insurance.  HomesDirect does not receive compensation from any Affinity Company.  You may, at your sole option and risk, choose to buy additional services from the Affinity Companies, such as optional coverage from the home warranty Affinity Company, through their websites or direct contact with such Affinity Company. 

You are responsible for payment and reporting of any and all taxes.  HomesDirect is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both Parties.  You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law.

8. TERM AND TERMINATION
A. This Agreement shall become effective upon the execution hereof by you, as described above, and shall continue until terminated by HomesDirect or you as provided under the terms of Section 8B of this Agreement.

B. Either party may terminate the Agreement at any time upon notice to the other Party.  Upon termination, you will no longer be able to log into the Website or use other services of HomesDirect.

9. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
HomesDirect may choose to electronically deliver any or all information related to its services.  HomesDirect may send electronic communications to you regarding:  (i) action taken at your request, (ii) portions of your request that may be incomplete or require additional explanation, (iii) any notices required under applicable law, or (iv) any further disclosures, terms, conditions, documents or policies of HomesDirect.  By submitting your request containing your electronic signature, you are extending an express invitation by HomesDirect to contact you by email at the email address you provided or at another email address that may be associated with you which HomesDirect receives from third parties. You hereby consent to receive any such email without considering any such email as "spam" or unauthorized as defined by any local, state or federal law or regulation.  You acknowledge that you have the ability to access and retain copies of notices and other information sent or made available electronically.

10. PRIVACY AND CONFIDENTIALITY
A. The relationship between HomesDirect and you, including your use of the Website and the services provided therein and thereby are governed by the terms of this Agreement and the Privacy Policy of HomesDirect ("Privacy Policy"). It is your responsibility to review the Privacy Policy, which is incorporated by reference into this Agreement in its entirety, and we suggest that you review the Privacy Policy and print a copy for yourself.  The Privacy Policy is posted on the Website and is set forth below, and may be updated periodically.  If at any time you are not in compliance with the Privacy Policy, we have the right to terminate your rights of use and access to the Website and to terminate this Agreement.  Unfortunately, we cannot ensure that disclosure of your personal information will not occur in ways not described in the Privacy Policy.  We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

Any user identification ("User ID") and password, and any authorization codes or similar verification identifiers provided to you by us should be maintained as confidential and should not be distributed or disclosed to third parties.  Provided, however, we may be required by law to disclose your User ID to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.  It is your responsibility to notify us if you need to change or discontinue your User ID and password and/or authorization codes, if applicable.  You may only do so by:  (i) sending us a notice, or (ii) contacting us at info@shophomesdirect.com.

11. OWNERSHIP
The Website and all intellectual property rights related to the Website, including but not limited to copyrights, trademarks, and service marks on the Website, are owned or licensed by us, and all right, title and interest in the Website and the related intellectual property rights remain our property.  You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Website and the related intellectual property, including any services provided via the Website, and this Agreement does not grant you permission to do so.  Certain content is licensed from third parties.  All such third-party content and all intellectual property rights related to that content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained in the Website, including any Website content.

12. PROHIBITED ACTS
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, cancel bots or denial-of-service attacks, intended to damage or interfere with the proper working of the Website or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the Website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.

13. REPRESENTATIONS AND WARRANTIES
A. Each Party represents and warrants that it has the right and full individual and/or corporate power and/or authority to enter into this Agreement.

B. You represent and warrant that (i) you are using the Website solely for the purpose of contemplating a potential purchase of a home; (ii) your use of the Website will not defraud or mislead any person or entity, including without limitation HomesDirect, Listing Broker, Seller or an Affinity Company; and (iii) your use of the Website will not violate any law or regulation of the United States of America.

C. HOMESDIRECT REPRESENTS AND WARRANTS THAT THE SERVICES AND INFORMATION PROVIDED HEREUNDER ARE PROVIDED "AS IS, WHERE IS," AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESSED OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE).  HOMESDIRECT MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF NON-INFRINGEMENT, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY AFFINITY COMPANY, LISTING BROKER, SELLER, THIRD PARTY, OR AS TO THE ACCURACY OF ANY POSTING MADE ON THE WEBSITE BY ANY AFFINITY COMPANY, LISTING BROKER, SELLER OR THIRD PARTY.

14. INDEMNIFICATION
A. You agree to defend, hold harmless and indemnify HomesDirect and its affiliates from and against any and all losses, costs, expenses, damages or other liabilities arising out of or in any way relating to any cause of action, claim, suit or proceeding brought against HomesDirect or its affiliates in connection with your use of the Website, including any payment obligations incurred from Affinity Companies, a Listing Broker or other real estate broker, or a Seller.  You further agree to indemnify, defend and hold HomesDirect harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from: (i) your use of the Website; (ii) your decision to supply credit information (including personal financial information) via the website of an Affinity Company or the website of any other third party; (iii) your decision to submit information to and accept offers from Affinity Companies; (iv) any breach of contract or other claims made by any Affinity Company with which you conducted business through the Website or a link posted on the Website; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of a transactional interest or any portion thereof; (vii) your negligent or intentional wrongdoing or violation of applicable law; (viii) any act or omission of yours with respect to any Seller, Affinity Company, Listing Broker or other real estate broker; (ix) your dispute of or failure to pay any amount owed to a Seller, Affinity Company, Listing Broker or other real estate broker; and/or (x) your obligations to a Seller, Affinity Company, Listing Broker or other real estate broker.  We shall be entitled to participate in such defense through our own counsel at your cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable law and/or governmental agencies or otherwise.

B. In connection with your indemnification obligations as provided for above, HomesDirect agrees to (a) notify you promptly after learning of any such claim; and (b) reasonably cooperate with you in the defense thereof.

15. LIMITATION OF LIABILITY
A. IN NO EVENT SHALL HOMESDIRECT BE LIABLE TO YOU, SELLER, AN AFFINITY COMPANY OR LISTING BROKER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. In the event that you have a dispute with one or more Affinity Companies, a Seller or a Listing Broker, you release us (and our agents, employees, officers, attorneys and affiliates) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website, the services we have provided you, or such dispute.  You waive the provisions of any state law limiting or prohibiting a general release.

C. Notwithstanding any other provision of this Agreement, in no event will the liability of HomesDirect to you for any action or claim related to the services provided under this Agreement, whether based on contract, tort, negligence or any other theory of liability, exceed in the greater of:  (A) $750 or (B) any amount of money that HomesDirect has received from you under this Agreement.

D. We will have no liability whatsoever for any unavailability of the Website.  We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party or problems with the Internet infrastructure and networks external to the Website.  The limitations of liability provided in this Agreement inure to the benefit of us, our affiliates, Affinity Companies, Sellers and Listing Brokers and all of our respective officers, directors, employees, attorneys and agents.

16. ASSIGNMENT
HomesDirect has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent.  You do not have the right to assign or transfer this Agreement or any rights there under to any other person or entity without our prior written consent.  Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the Parties hereto.

17. GOVERNING LAW AND JURISDICTION
The Website (excluding linked sites) is operated by us from our offices within the State of Florida in the United States of America.  It can be accessed from all 50 states and from other countries around the world.  As each of these places has laws that may differ from those of Florida, by accessing the Website, you agree that this Agreement and your use of the Website, and the services offered therein and thereby, shall be governed in all respects by the internal substantive laws of the State of Florida, without regard to conflicts of law provisions and shall not be governed by the United Nations Convention on the International Sale of Goods.   You further submit to jurisdiction and venue in the state and federal courts located in the State of Florida, Orange County and further agree that any cause of action you may bring arising from our relationship, including your use of the Website shall be brought by you exclusively in a state or federal court located in the State of Florida, Orange County.  We make no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

18. STATE SPECIFIC LEGAL NOTICES
Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: HomesDirect, located in Maitland, Florida, is the provider of the electronic commercial service on this site.  Members are notified in advance regarding any applicable service charges.  The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.  Upon your request, you may have this Agreement sent to you by email.  Please feel free to contact HomesDirect to resolve a complaint regarding any aspect of service relating to this site by writing to the above address, or contact us at info@shophomesdirect.com.

19. MISCELLANEOUS
A. This Agreement, and all writings, web pages, agreements and policies, including, but not limited to, the Privacy Policy, contains the entire Agreement between the Parties and supersedes any prior agreement, negotiation or understanding of the Parties, whether oral or in writing, with respect to the subject matter of this Agreement.  Any representations, promises or conditions not incorporated herein shall not be binding upon HomesDirect or you or any respective heirs, successors or assigns. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of both Parties.

B.  If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.   Failure of either Party to act or exercise its respective rights under this Agreement upon the breach of any other terms hereof by the other Party shall not be construed as a waiver of such a breach or prevent said Party from thereafter enforcing strict compliance with any or all of the terms thereof.

C.  Neither of the Parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.

D. You agree that you will abide by any and all applicable non-discrimination, employment, tax and other federal, state or local statute, regulation or common law.

E. You agree to and acknowledge the right of HomesDirect to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by HomesDirect in an effort to investigate fraud. In the event that HomesDirect deems, in its sole discretion, that a transaction is fraudulent, it may terminate this Agreement pursuant to section 8 hereof.

H. You must comply with all applicable laws, statutes, ordinances and regulations regarding:  (i) your use of the Website and any other services provided pursuant to this Agreement; (ii) your ordering of services or offers, if applicable; (iii) your contact with Affinity Companies; and (iv) the posting and/or retrieval of information by you, including without limitation those governing antitrust, unfair competition, false advertising, taxation and export control. You are responsible for paying all applicable fees and taxes you incur in connection with access to our servers and our Website.

I. The provisions of Sections 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, and 17 will survive termination of this Agreement.

 

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.