Terms of Use for This Web Site
TERMS
and CONDITIONS of USE
WHAT YOU SHOULD KNOW
Welcome
to the findyourhomeinreno.com web site, also accessible
via barbtuttle.com and billnock.com (the "Web Site").
The goal of this Web Site is to provide you with access
to the most comprehensive network of residential real
estate products/services and related links to meet your
needs (the "Content"). Please read our Terms of Service
(the "Terms") carefully before continuing on with your
use of this Web Site. These Terms shall govern the use
of the Web Site and apply to all Internet traffic
visiting the Web Site. By accessing or using this Web
Site, you agree to the Terms. The Terms are meant to
protect all of our Web Site visitors and your use of
this Web Site signifies your agreement with these Terms.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS
WEB SITE. FindYourHomeInReno.com ("FYHIR", "We", "Us",
"Our") reserves the right, in its sole discretion, to
modify, alter or otherwise update these Terms at any
time. Such modifications shall be effective immediately
upon posting. By using this Web Site after we have
posted notice of such modifications, alterations or
updates you agree to be bound by such revised Terms.
In
accordance with our goals, this Web Site will permit you
to link to many other web sites, that may or may not be
affiliated with this Web Site and/or FYHIR, and that may
have terms of use that differ from, or contain terms in
addition to, the terms specified here. Your access to
such web sites through links provided on this Web Site
is governed by the terms of use and policies of those
sites, not this Web Site.
PRIVACY
Registration data and certain other information about
you is subject to our Privacy Policy. For more
information, please review our full Privacy Policy which
can be found on findyourhomeinreno.com.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
All
content on this Web Site, including, but not limited to
text, images, illustrations, audio clips, and video
clips, is protected by copyrights, trademarks, service
marks, and/or other intellectual property rights (which
are governed by U.S. and worldwide copyright laws and
treaty provisions, privacy and publicity laws, and
communication regulations and statutes), and are owned
and controlled by FYHIR or its affiliates, or by third
party content providers, merchants, sponsors and
licensors (collectively "Providers") that have licensed
their content or the right to market their products
and/or services to FYHIR. Content on this Web Site or
any web site owned, operated, licensed or controlled by
the Providers is solely for your personal,
non-commercial use. You may print a copy of the Content
and/or information contained herein for your personal,
non-commercial use only, but you may not copy,
reproduce, republish, upload, post, transmit,
distribute, and/or exploit the Content or information in
any way (including by e-mail or other electronic means)
for commercial use without the prior written consent of
FYHIR or the Providers. You may request consent by
contacting us, which you can do by
clicking here.
Without the prior written consent of FYHIR or the
Providers, your modification of the Content, use of the
Content on any other web site or networked computer
environment, or use of the Content for any purpose other
than personal, non-commercial use, violates the rights
of the owners of the findyourhomeinreno.com and/or the
Provider copyrights, trademarks or service marks and
other proprietary rights, and is prohibited. As a
condition to your use of this Web Site, you warrant to
FYHIR that you will not use our Web Site for any purpose
that is unlawful or prohibited by these Terms, including
without limitation the posting or transmitting any
threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material. If you
violate any of these Terms, your permission to use our
Web Site immediately terminates without the necessity of
any notice. FYHIR retains the right to deny access to
anyone at its discretion for any reason, including for
violation of these Terms. You may not use on your web
site any trademarks, service marks or copyrighted
materials appearing on this Web Site, including but not
limited to any logos or characters, without the express
written consent of the owner of the mark or copyright.
You may not frame or otherwise incorporate into another
web site any of the Content or other materials on this
Web Site without prior written consent of FYHIR.
PROHIBITED ACTIVITIES
You are
specifically prohibited from any use of this Web Site,
and You agree not to use or permit others to use this
Web Site, for any of the following: (a) take any action
that imposes an unreasonable or disproportionately large
load on the Web Site's infrastructure, including but not
limited to "spam" or other such unsolicited mass
e-mailing techniques; (b) disclose to, or share with,
the assigned confirmation numbers and/or passwords with
any unauthorized third parties or using the assigned
confirmation numbers and/or passwords for any
unauthorized purpose; (c) attempt to decipher,
decompile, disassemble or reverse engineer any of the
software or HTML code comprising or in any way making up
a part of this Web Site; (d) upload, post, emailing or
otherwise transmitting any information, Content, or
proprietary rights that You do not have a right to
transmit under any law or under contractual or fiduciary
relationships; (e) violating any applicable local,
state, national or international law, including, but not
limited to, any regulations having the force of law;
and, (f) using any robot, spider, intelligent agent,
other automatic device, or manual process to search,
monitor or copy Our Web pages, or the Content without
Our prior written permission, provided that generally
available third party Web browser such as Netscape
Navigator® and Microsoft Internet Explorer® may be used
without such permission.
LINKS
This Web
Site may contain links to other web sites ("Linked
Sites"). The Linked Sites are provided for your
convenience and information only and, as such, you
access them at your own risk. The content of any Linked
Sites is not under FYHIR's control, and FYHIR is not
responsible for, and does not endorse, such content,
whether or not FYHIR is affiliated with the owners of
such Linked Sites. You may not establish a hyperlink to
this Web Site or provide any links that state or imply
any sponsorship or endorsement of your web site by FYHIR,
or its affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL
CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER
THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS
APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION,
FYHIR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. NEITHER FYHIR, ITS AFFILIATED OR
RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON
INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION
OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN
THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES
THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS
WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND
INFORMATION ONLY. FYHIR DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE
RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION
CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO
YOUR USE OF THIS WEB SITE.
YOU
EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR
SOLE RISK. YOU (AND NOT FYHIR) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR
SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER FYHIR, NOR ITS
AFFILIATED OR RELATED ENTITIES (INCLUDING ITS
PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR
AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE
CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE,
IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY
WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL,
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM,
LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER
WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR
ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, FYHIR AND RELATED PERSONS AND ENTITIES
SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR
DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL
RECORDS, OR THE RELIANCE UPON OR USE OF DATA,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON
THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
FYHIR IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR
THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, FYHIR'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
INDEMNIFICATION
You
agree to indemnify, defend, and hold harmless FYHIR and
the Providers, its and their officers, directors,
employees, affiliates, agents, licensors, and suppliers
from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting
from any violation by you of these Terms
THIRD
PARTY RIGHTS
These
Terms are for the benefit of FYHIR and its Providers,
its and their officers, directors, employees,
affiliates, agents, licensors, and suppliers. Each of
these individuals or entities shall have the right to
assert and enforce these Terms directly against you on
its or their own behalf.
JURISDICTIONAL ISSUES
Unless
otherwise specified, the Content contained in this Web
Site is presented solely for your convenience and/or
information. This Web Site is controlled and operated by
FYHIR from its offices in Reno, Nevada. FYHIR makes no
representation that Content in its Web Site is
appropriate or available for use in other locations.
Those who choose to access this Web Site from other
locations do so on their own initiative and are
responsible for compliance with local laws, if and to
the extent local laws are applicable. You may not use or
export the materials in this Web Site in violation of
U.S. export laws and regulations. These Terms shall be
governed by, construed and enforced in accordance with
the laws of the State of New Jersey, as they are applied
to agreements entered into and to be performed entirely
within such State. Any action you, any third party or
FYHIR brings to enforce these Terms, or in connection
with any matters related to this Web Site, shall be
brought only in either the state or Federal courts
located in and for Washoe County, Nevada and you
expressly consent to the jurisdiction of said courts. If
any provision of these Terms shall be unlawful, void or
for any reason unenforceable, then that provision shall
be deemed sever able from these Terms and shall not
affect the validity and enforceability of any remaining
provisions.
ENTIRE
AGREEMENT
The
provisions and conditions of these Terms, and each
obligation referenced herein, represent the entire
Agreement between FYHIR, its affiliated or related
entities, and you, and supersede any prior agreements or
understandings not incorporated herein. In the event
that any inconsistencies exist between these Terms and
any future published terms of use or understanding, the
last published Terms or terms of use or understanding
shall prevail.
ANY
RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY FINDYOURHOMEINRENO.COM
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