Shop4House.com LLC Terms of Use
Shop4house.com provides an advertising forum only and in no way represents the property sellers listing on this Site. All information presented on this Site is provided on an “AS-IS” basis. ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED WITH NO WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS OR CORRECTNESS OF ALL LISTING INFORMATION. ANY AND ALL INFORMATION REGARDING PROPERTIES ON THIS SITE IS THE SOLE RESPONSIBILITY OF THE PROPERTY SELLER. VERIFICATION OF ALL LISTING INFORMATION ON THIS SITE IS THE RESPONSIBILITY OF “YOU” ALONE.
The Shop4house.com Web site and the services provided (collectively, the “Services”) on it, are offered to you (the “User”, “Seller” or “Landlord”) under the following terms and conditions of service and use (the “Terms). By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement the Terms. As used on this Web site, the terms “We”, “Us” or “Our” refer to Shop4House.com LLC (“Shop4house.com”). In this agreement, the terms “Site” or “Web site” includes Shop4house.com and all web sites and web pages within Shop4house.com as well as any equivalent, mirror, content we publish on any third party web site(s) on your behave for general advertising purposes, replacement, substitute or backup web sites and web pages thereto and thereof. “You” refers to all users of the web site. “Seller” or “Landlord” refers to users who list their home(s) or rental property(s) for sale or rent on Shop4house.com.
If you do not agree to be bound by any of the Terms contained herein, you should not use our Services.
1.
REGISTRATION
By registering (listing home or rental) with us, you certify that all the
information provided by you to us is accurate and in accordance with the US
Federal Fair Housing Act of 1968 as amended which makes it illegal to advertise
"any preference, limitation, or discrimination based on race, color, religion,
sex or national origin or intention to make any such preferences, limitations or
discrimination." Shop4house.com will not knowingly accept any advertising for
real estate which is in violation of the law. It is your responsibility to give
us timely, current, complete, truthful and accurate information. We cannot be
responsible for any problems or liability that may arise from all parties
(“User”, “Seller” or “Landlord”) that may arise if you do not give us accurate,
truthful or complete information or you fail to update the information you give
us. If any information you provide is untrue, inaccurate, not current or
incomplete, or if we reasonably believe so, we may suspend or terminate your
access to and use of the Services and refuse to provide any current or future
Services to you and you shall surrender all monies paid for Services to
Shop4House.com LLC.
2.
SERVICES
Shop4house.com LLC provides the Site and Services offered thereon under the
terms and conditions of this Agreement. You agree to pay listing and/or
advertising fees, as applicable and as set forth on the Site. You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
and any portion of the Services, use of the Services or access to the Services.
The Services are provided for your personal use only. We reserve the right to
modify or discontinue (temporarily or permanently the Services (or any part
thereof) with or without notice to you. We shall not be liable to you or any
third party if we exercise our right to modify or discontinue the Services. If
you object to any such change, your sole recourse shall be to cease using the
Services. Continued use of the Services following with or without notice of any
such changes shall indicate your acknowledgement of such changes and
satisfaction with the Services as so modified.
3.
MODIFICATION TO THE AGREEMENT
Shop4house.com LLC reserves the right, at any time and from time to time, for
any reason in our sole discretion, to change or modify the terms of this
agreement. We will at our discretion post on Site, email, send letter and we may
also phone you about these changes. Once we post changes on the Web site, these
changes take effect immediately and if you use the Site after they become
effective it will signify your agreement to be bound by the changes. It is your
responsibility to check back often on the Site and review the terms and
conditions of the agreement regularly so you are aware of the current rights,
conditions and obligations that apply to you and the terms of your agreement
with us.
4.
USER CONTENT/LISTING/POSTING
We provide users full service assistance with submitting your listing and
information (“Seller or Landlord Content” “Listing” or “Posting”) provided by
you and We shall post, display, transmit and/or exchange information, ideas,
opinions, photographs, images, video, creative works or other information,
messages, transmissions or material. Shop4house.com shall not be liable for any
Content that is in violation of this agreement. In no event shall Shop4house.com have or be construed to have any responsibility or liability for or in
connection with any Content whatsoever: however, at our discretion and/or
judgment, that any Posting does or may violate any of the terms of this
agreement, we reserve the right, at any time and without limiting any and all
other rights we may have under this agreement, at or in equity, to:
a. Refuse to allow you to Post or Post on your behave
b. Remove and delete all your Postings
c.
Revoke your right to use the Site
5.
YOUR RESPONSIBILITIES
You provide us information during the registration process, you agree to provide
true, accurate, current and complete information as prompted and to maintain and
update such information to keep it true, accurate, current and complete at all
times. If any information you provide that is untrue, inaccurate, not current or
incomplete, or if we reasonably believe so, we may suspend or terminate your use
of the Services, and refuse to provide any current or future Services to you.
6.
THIRD PARTIES
Your dealings with our affiliates and/or organizations and/or individuals found
on or through the Site or referred by Shop4house.com LLC (including all
employees, members and/or owner), including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such third parties.
You agree that Shop4house.com LLC shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings. If there
is a dispute between participants on this site, or between Users and any third
party, you understand and agree that Shop4house.com LLC is under no obligation
to become involved. In the event that you have dispute with one or more other
Users, Sellers or Landlords you hereby release Shop4house.com LLC, its officers,
members, managers, employees, agents and successors in right from claims,
demands and damages (actual and consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way related to such disputes and/or our Service.
7.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Shop4house.com, its parents,
subsidiaries, affiliates, members, officers, directors, co-branders or other
partners, employees, consultants and agents from and against any and all
third-party claims, liabilities, damages, losses, costs, expanses, fees
(including reasonable attorneys’ fees and court cost) that such parties may
incur as a result of or arising from:
a. Any information or Content (as defined per this agreement) that you (or anyone using your account) make available, submits, posts or transmits through the Services
b. Your (or anyone using your account) use of the Services
c. Your (or anyone using your account) violation of these Terms
d. Your (or anyone using your account) violation of any rights of any other person or entity
e.
To include viruses, trojan horses, worms, time bombs. Cancel bots or
other similar harmful or deleterious programming routines input by you into the
Shop4house.com Web site or other Service
8.
DEACTIVATION/TERMINATION OF ACCOUNT
You agree that we, in our sole discretion, may terminate your password, account
and use of the Services, and remove and discard any information posted by Us for
you on or through the Services, for any reason or no reason, with or without
notice and effective immediately, including, without limitation, if we believe
that you have violated or acted inconsistently with the letter or spirit of the
Terms. You agree that We may terminate your account if it remains inactive for
an extended period of time. Furthermore, you agree We shall not be liable to you
or any third party for any termination of your access to the Services. You may
cancel your account with or without reason by contacting us by
email, mail, fax,
phone or in person.
9.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES
ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AN
NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT:
a. THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE
b. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
c. THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
d. DEFECTS IN THE SERVICES WILL BE CORRECTED
e.
THE Shop4house.com WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER
SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR INFORMATION. WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES,
AND WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS
THE RESULT OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Shop4house.com OR THROUGH OR FROM THE SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. As between you and Shop4house.com, YOU
are assuming the entire risk as to the quality, accuracy, performance,
timeliness, adequacy, completeness, correctness, authenticity, security and
validity of any and all features functions of the Site, including, without
limitation, Content provided by you or not, Postings provided by you or not and
materials associated with your Content on the Site.
10.
PRODUCTS ON THE SITE
We reserve the right, at our own sole discretion, refuse to process, for any
reason, any order placed for any product that may be offered on the Site. EXCEPT
AS SPECIFICALLY SET FORTH IN THE AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR
RELATING IN ANY WAY TO ANY AND ALL PRODUCTS THAT MAY BE OFFERED FOR SALE ON THE SITE. EXCEPT AS
SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATION AND WARRANTIES OF
ANY AND EVERY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
PURPOSE. You agree that your sole and exclusive remedy and our sole, exclusive
and maximum liability arising from or relating in any way to any Product shall
be the amount you actually paid us for it.
11.
PRIVACY
Shop4house.com respects your privacy and the use and protection of the personal
information (including all personal information you provided as part of the User
information you give us). You acknowledge, consent and agree that Shop4house.com
may access, preserve, and disclose your account information and Content if
required to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to:
a. Comply with legal process
b. Enforce the Terms
c. Respond to claims that any Content violates the rights of third parties
d. Respond to your requests for customer service
e. Protect the right, property, or personal safety of Shop4house.com, its Users and the public.
All uses of such personal information will be in accordance with the provisions of our Privacy Policy.
12.
LICENSE
You hereby grant to Shop4house.com and its successors and assigns, a worldwide,
perpetual, irrevocable, royalty-free, sublicense right, in any media now known
or currently known, to exercise all copyright and other intellectual property
rights with respect the Content you provided to us to be published on the
Shop4house.com Site or on or through the Services or otherwise through the
Services, to use, distribute, display, reproduce, modify and create derivative
works from such material, in any and all media, in any manner, in whole or in
part, without any duty to account to you.
13.
LINKS
Our provision of a link to any other Web site or location is for your
convenience and does not signify our endorsement of such other Web Site or
location of its contents. Any Concerns you may have regarding any external link
should be directed to the link’s Webmaster. Shop4house.com SHALL NOT BE LIABLE
FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB SITE, INTERNET LOCATION, OR SOURCE OF INFORMATION OR FOR YOUR USE OF
SUCH INFORMATION.
14.
GENERAL TERMS
The Terms constitute the entire and exclusive and final statement of the
agreement between you and Shop4house.com with respect to the subject matter
hereof, and govern your use of the Services, superseding any prior agreements or
negotiations between you and Shop4house.com with respect to the subject matter
hereof. The Terms and the relationship between you and Shop4house.com shall be
govern by the laws of the State of Michigan as applied to this agreement made,
entered into and performed entirely in Grand Rapids, Michigan by Michigan
residents, notwithstanding your actual place of residence. All lawsuits arising
out of the Terms or out of your use of the Services shall be brought in the
Federal or State courts having jurisdiction over Kent County, Michigan and you
hereby irrevocably submit to the exclusive personal jurisdiction of such courts
for such purpose. Services of Process in any such action may be effected either
by certified mail, return receipt requested or by recognized national private
carrier where you or your authorized agent accept delivery of such service of
process. Our failure to exercise or enforce any right or provision of the Terms
shall not constitute a waiver of such right of provision. If any provision of
the Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and that the other provisions
of the Terms remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising claim or
cause of action arising out of or related to use of the Services or the Terms
must be filed within on (1) year after such claim or cause of action arose or be
forever barred. The section titles in the Terms of use are for convenience only
and have no legal or contractual effect.
15.
VIOLATIONS
Please report any violations of the Terms to us at
info@shop4house.com.