HÔM Real Estate Group, Inc. and its subsidiaries and corporate affiliates (collectively, "HÔM") operate a family of Web sites and associated Web pages. HÔM refers to this group of Web sites as the "HÔM Network™.. Any person accessing or using the HÔM Network is referred to as .you..
Acceptance of Terms
General Use of the HÔM Network
- except with the express written permission of HÔM, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the HÔM Network, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information;
- damage, disable, overburden, or impair the HÔM Network or interfere with any other party's use and enjoyment of the HÔM Network;
- obtain or attempt to obtain any materials or information through any means not made readily accessible by HÔM through the HÔM Network.
Except with the express written permission of HÔM, you agree that you will not access or attempt to access password protected, secure or non-public areas of the HÔM Network.
Except with the express written permission of HÔM, you agree that you will not create links from any Web site or Web page to any page within the HÔM Network; provided however upon prior written notice to HÔM Real Estate Group at general@HOMgroup.com, you may create a link directly to any of the HÔM Network home pages, including, but not limited to pages currently located at http://www.homgroup.com, http://blog.homgroup.com, http://www.thehomreview.com, http://www.homfeatures.com. The origin of any link to any HÔM Network home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the HÔM Network home page. By creating a link to the HÔM Network, you agree that (a) you will not employ any technology that results in the placement of content from the HÔM Network in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the HÔM Network from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user's access to or use of the HÔM Network. HÔM reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that HÔM so requests.
The Services provided through the HÔM Network may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by HÔM to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, HÔM does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release HÔM from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
You acknowledge that HÔM is not a mortgage broker or mortgage lender, and HÔM does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
Content Contained in the HÔM Network
The HÔM Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the HÔM Network (collectively, .Content.) is owned by HÔM and/or third parties with all rights reserved unless otherwise noted.. HÔM grants you a limited license to access and use the HÔM Network and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the HÔM Network provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the HÔM Network or Content, except with express written consent of HÔM. You understand that all third party Content posted on, transmitted through, or linked from the HÔM Network, is the sole responsibility of the third party originator of such Content. Content is provided through the HÔM Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall HÔM be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services. You acknowledge that HÔM does not screen or approve third-party Content, and that HÔM shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or HÔM any Content that is available via the HÔM Network, for any reason.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, .Transmit. or .Transmitting. as appropriate) Content on or through the HÔM Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the HÔM Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others. interests in such Content to HÔM as provided below. You promise that you will not use the HÔM Network to:
- Transmit any Content
- not related to appropriate subject matters;
- which is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- that you do not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to the HÔM Network, you grant, and you represent and warrant that you have the right to grant, to HÔM an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the HÔM Network, you grant HÔM all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the HÔM Network by any party for any purpose.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE HÔM NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. HÔM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE HÔM NETWORK, SERVICES AND/OR CONTENT. HÔM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
All materials on the HÔM Network (as well as the organization and layout of the HÔM Network) are owned and copyrighted or licensed by HÔM Real Estate Group, its corporate affiliates or its third-party vendors. © HÔM Real Estate Group, Inc. 2010, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the HÔM Network is permitted without the written permission of HÔM Real Estate Group. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to HÔM's Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
HÔM Real Estate Group, Inc.
1200 Newport Center Drive, Suite 100
Newport Beach, CA 92660
Telephone: (949) 554-1200