Welcome to HouseHunt.com and moveUp.com (referred to as "HouseHunt," "we," "us," or "our"). The following terms and conditions ("Terms") apply to all users of our Web site (referred to as "you" or "your"). By using our site, you signify your agreement to our Terms. HouseHunt reserves the rights to modify these Terms without prior notice to you. Your continued use of HouseHunt's sites following the posting of changes to these terms will mean that you accept those changes. It is your responsibility to review these Terms periodically for any modifications. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR WEB SITE.
PERMITTED USE/LIMITED LICENSE
You are granted a limited license to access and view the contents of our site and utilize our services for your lawful personal and non-commercial use only. You agree that you will not access HouseHunt's site for any illegal or malicious purpose. You agree to access only those portions of the HouseHunt sites to which HouseHunt has granted you access and you will not attempt to access any password secured zone without permission of HouseHunt. HouseHunt reserves the right to limit your use of our site or to block your future use from our site, or any part thereof, at its sole discretion and without any liability to you. Additionally, HouseHunt reserves the right to modify, discontinue or otherwise change any content or any service contained on our Site, or any portion thereof, without prior notification and without liability of any kind to you. Any unauthorized use of our site will immediately terminate your permission to access this site and may result in a civil or criminal action against you.
THIRD-PARTY CONTENT & DEALINGS
The HouseHunt Web site includes links to third-party advertisements or services, which may include sites of advertisers, sponsors, partners, and vendors unrelated to HouseHunt. Their links are provided for your convenience and for informational purposes only. They do not signify that we endorse the material contained on such sites or have any association with their operators. HouseHunt does not monitor or maintain control over such sites, and, therefore, is not responsible for their contents or the advertising they choose to place on such sites. The terms of any third-party sites are governed by that site and you are encouraged to read their terms before accessing any content on such third-party site.
HouseHunt accepts no responsibility for any loss or damages caused by your access to such third-party sites or caused by any of your business dealings with, or response to advertisements of, or participation in promotions of, any third-party vendors. You agree that any such third-party transaction, or any third-party information relied upon, is done so solely at your own risk. HouseHunt takes no responsibility for any representations or warranties made, or for the accuracy or timeliness of any information given by, any third parties.
NO WARRANTIES; NO LIABILITY
YOUR USE OF ANY INFORMATION OR MATERIALS CONTAINED ON OUR SITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH YOU AGREE THAT HOUSEHUNT IS NOT LIABLE. THE CONTENT PROVIDED ON OUR WEBSITE IS DONE SO ON AN "AS IS" BASIS. HOUSEHUNT MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES THAT ANY MATERIALS CONTAINED ON OUR SITE IS TIMELY, MERCHANTABLE, SUITABLE FOR ANY PARTICULAR PURPOSE, COMPLETE, ACCURATE, OR FREE FROM ERRORS. IT WILL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEB SITE MEET YOUR SPECIFIC REQUIREMENTS AND NEEDS. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.
TRADEMARKS AND SERVICE MARKS
"HouseHunt" is a trademark of HouseHunt. All other logos appearing on the Web site are licensed trademarks or service marks of HouseHunt, Inc. or its affiliates. Copying, imitation, reproduction or distribution of any of the same is strictly prohibited without HouseHunt's prior written permission. Any unauthorized use of any trademarks or service marks will result in the revocation of your permission to access our site and may also result in legal action taken against you pursuant to United States and international intellectual property laws.
Our Web site contains material which is owned by or licensed to us by third-party affiliates and is protected by United States and international intellectual property laws. This material includes, but is not limited to, the design, layout, look, appearance, written content, images, data, search results, and graphics contained on our Web sites.
All contents and materials of every web site of HouseHunt and its associated domains, whether visible or hidden from screen, may not be reproduced without the express written consent of HouseHunt and/or its associated domain owners. Any imitation, modification, linking, reproduction, distribution, copying, or publishing on any other website, is strictly prohibited without HouseHunt's prior written permission. Any unauthorized use of such material will result in the revocation of your permission to access our site and may also result in legal action pursuant to United States and international intellectual property laws.
In accordance with the Digital Millennium Copyright Act, 17 USC § 512, HouseHunt reserves the right to block any repeated copyright infringers from accessing HouseHunt's website. If you believe that the HouseHunt website contains information that violates your copyright rights, you should contact HouseHunt's copyright agent at:
Bearden, Breckenridge & Gidlow, LLC
222 S. Central Avenue, Ste. 202
St. Louis, MO 63105
Attn: Thomas G. Bearden
Phone: (314) 726-6618
Fax: (314) 726-6757
Your letter should reference HouseHunt's website and copyright infringement in the subject line. Your communication must contain the following information:
- Your physical or electronic signature or the signature of a person authorized to act on your behalf;
- Description of the copyrighted work that you claim has been infringed upon;
- Identification of the content on the website that is claimed to violate your exclusive rights and location of that content on the HouseHunt website;
- Your telephone number, address and email so that we may contact you;
- A statement that you have a good faith belief that the use of the material complained of is not authorized by you (the copyright owner), your agent, or the law; and
- A statement by you made under the penalty of perjury that the information contained in the notice is accurate, and that you are the copyright owner, or if a person is acting on your behalf, that the person is authorized to do so.
Sometime in the future, HouseHunt may allow you to upload your own content onto our Web site. In the event that this does happen, the terms in the following provisions of this section will apply:
You agree that you will not upload, post, link, or otherwise transmit any content on the HouseHunt Web site that:
- Violates any person's intellectual property rights, including, but not limited to copyrights, patents, trademarks, service marks, or trade secrets;
- Is threatening, harassing, derogatory, abusive, pornographic, offensive, indecent, misleading, or fraudulent;
- Contains any malicious software or viruses that are intended to damage, destruct, compromise, or otherwise interfere with the functionality of any computer hardware or software system;
- That violates any applicable state, federal, or international laws, including the United States Fair Housing Act; or
- That is not related to the subject matter of HouseHunt's website.
You agree that all information and materials uploaded by you will be timely, accurate, and complete. You agree not to post any information or materials for the purpose of misleading HouseHunt or other users of the HouseHunt Web sites. You accept responsibility and liability for the information for all material and information uploaded on the HouseHunt Web site and understand and agree that we will not be taking any action to verify its accuracy prior to upload onto the Web site. HouseHunt has no duty to monitor or delete any inappropriate content uploaded by any user, but we reserve the right to do so at our discretion. HouseHunt is not liable to any third party for any complaints, claims, or law suits by any person on the basis of any user-uploaded content appearing on its website.
By uploading content onto the HouseHunt Web site, you grant HouseHunt an irrevocable license to use, display, copy, distribute, and create derivative works from this content on its Web site and affiliated Web sites. Any costs and expenses incurred by HouseHunt for attorneys, court costs or fees, acts of government or private organizations, individuals, and others related to content uploaded by you will be paid by you.
Any claim or controversy arising out of or related in any way to these Terms or to your access of the HouseHunt Web site shall be settled by arbitration in Orange County or Los Angeles County, California under the then-prevailing rules of the American Arbitration Association. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose. The award of the arbitrator shall be final and binding and judgment may be entered in any court of competent jurisdiction. The arbitrator's fee shall be shared equally by the parties. The prevailing party in the arbitration proceeding shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise. No individual arbitration proceeding may be joined with another arbitration proceeding. Nothing in this Section prevents you or HouseHunt from seeking court-ordered injunctive relief.