| Service Agreement Thank you for visiting the Home-Buyer-Tools Website. By submitting any content to Home-Buyer-Tools Website and/or accessing any part of the Home-Buyer-Tools Website, including any authorized Home-Buyer-Tools Websites (collectively, “the Website”), you are agreeing to all of the terms and conditions in this Service Agreement and consenting to be bound by and become a party to this Service Agreement (the “Service Agreement”). Should you not agree to, or be unable to comply with, all of the terms and conditions of this Service Agreement please discontinue using the Website immediately. Home-Buyer-Tools Website reserves the right to modify the Service Agreement at any time by providing seven days' notice of changes on the home page of the Website. You agree that each visit you make to the Website following the seven-day notice period shall be subject to the then-current guidelines. 1. Limitations on Scope of Use The Website is an online marketplace that allows users to find and make contact with providers of certain products or services (“Service Providers”). You agree not to use the Website for any other purposes, including, without limitation: to store, aggregate, reproduce or distribute information available on the Website in any manner or to compete directly or indirectly with Home-Buyer-Tools Website; to interfere with or disrupt the operation of the Website or the networks or servers connected to the Website in any manner; to use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; to impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; to upload, post or otherwise transmit any content that infringes the proprietary rights of any third party, or is otherwise unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable; to harass or otherwise harm Home-Buyer-Tools Website or any other person or entity; to take any action that imposes an unreasonable or disproportionately large load on our infrastructure; to use or disclose (to anyone except Home-Buyer-Tools Website) any information you obtain about or from other users of the Website; to manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account; or to send any unsolicited email or advertising to any known user. Any unauthorized use of the Website may result in termination of all rights to use the Website and will be penalized to the full extent provided for by law. 2. Guidelines for Users If registering and/or updating your registration on the Website, you agree to provide current, complete, and accurate information about yourself as prompted to do so ("Provided Data") and you agree not to misrepresent your true identity. You agree to maintain and keep current your Provided Data and to update it as soon as the information changes. If prompted to create a password when registering on the Website you shall also be responsible for maintaining the security of the password. Home-Buyer-Tools Website and any of Home-Buyer-Tools Website's Partners, Licensees and Affiliates (collectively, the “Home-Buyer-Tools Parties”) shall not be not liable for any loss that you might suffer through the authorized and/or unauthorized use of your password by a third party. You agree to immediately notify Home-Buyer-Tools Website of any unauthorized use of your account or any other breach of security known to you with respect to the Service. You agree to report any violations of this Service Agreement by other person to info@home-buyer-tools.com Your use of the Service is subject to all applicable local, state, national and international laws and regulations as well as to all applicable Internet regulations, policies and procedures. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Website, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are solely responsible for the contents of your transmissions to and through the Website and for any communications and transactions with Service Providers conducted through or in connection with the Website. You are extending an express invitation to Home-Buyer-Tools Website's Service Providers to contact you by telephone at the numbers you have provided so that they may assist you with your product or service request, and you hereby consent to any such calls even if your phone number is on any Do Not Call list. Further information regarding your rights and responsibilities under applicable federal and state regulations may be found at http://www.ftc.gov/donotcall and http://www.the-dma.org/government/donotcalllists.shtml . 3. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. THE HOME-BUYER-TOOLS PARTIES EXPRESSLY DISCLAIM 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY. THE HOME-BUYER-TOOLS PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE HOME-BUYER-TOOLS PARTIES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED FROM ANY SERVICE PROVIDER THROUGH THE WEBSITE OR REGARDING ANY TRANSACTIONS ENTERED INTO WITH ANY SERVICE PROVIDER AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SERVICE PROVIDERS OR OTHER USERS OF THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM HOME-BUYER-TOOLS WEBSITE OR OTHERWISE THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 4. Limitation of Liability; Indemnity; Termination of Service You agree that the Home-Buyer-Tools Parties will not be held liable for any improper or incorrect use of the Website or the materials on the Website and assume no responsibility for any user's or Service Provider's activities on or in connection with the Website or for the inaccuracy of any content on the Website. In no event will the Home-Buyer-Tools Parties be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including, without limitation, procurement of substitute goods or services, loss of use, data or profits, or business interruption, arising in any way out of the use of (or inability to use) the Website or the materials on the Website or the inaccuracy of any content on the Website, however caused, under any theory of liability. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website is done at the user's sole discretion and sole risk, and that the Home-Buyer-Tools Parties assume no responsibility and may not be held liable for any damage to your computer system or loss of data that results from such activities. Even though prohibited under this Service Agreement, users may on occasion provide information that is offensive, false, harmful, or deceptive. The Home-Buyer-Tools Parties, their respective parents, subsidiaries, affiliates, successors and assigns, and the officers, directors, employees and agents of each of them do not assume any responsibility whatsoever for such content or actions. This disclaimer of liability applies to any damages or injury under any cause of action, including, without limitation, those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus or bug, communication line failure, theft, destruction or alteration of or unauthorized access to the Website or to materials on the Website, even if the Home-Buyer-Tools Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply to you. Any correspondence, relationship, transactions, and all other such activities between a user and any Service Provider are the sole responsibility of the parties to such communications or transactions. The Home-Buyer-Tools Parties assume no liability, obligation or responsibility in connection with any of the foregoing activities. In the event that you have a dispute with any Service Provider, you hereby release the Home-Buyer-Tools Parties, their respective parents, subsidiaries, affiliates, successors and assigns, and the officers, directors, employees and agents of each of them, from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. You agree to indemnify and hold harmless the Home-Buyer-Tools Parties, their respective parents, subsidiaries, affiliates, successors and assigns, and the officers, directors, employees and agents of each of them harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, the violation of this Service Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Home-Buyer-Tools Website may terminate the services available via the Website with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice posted to the Website. The Home-Buyer-Tools Parties shall not be liable to you or any third party for termination of these services. 5. Privacy Policy The Home-Buyer-Tools Website Privacy Policy is available to view and print at www.Home-Buyer-Tools.com/privacy and is incorporated by reference into this Service Agreement. If at any time you believe that Home-Buyer-Tools Website has not adhered to the Privacy Policy, please notify Home-Buyer-Tools Website via e-mail at privacy@Home-Buyer-Tools.com and Home-Buyer-Tools Website will use commercially reasonable efforts to identify the problem and remedy the situation for the future. In the event of any conflict between the Privacy Policy and this Service Agreement, the terms of this Service Agreement shall control. 6. Disclaimer of Liability for Third Party Content, Conduct and Links The Home-Buyer-Tools Parties may provide links to other websites or resources. You acknowledge and agree that the Home-Buyer-Tools Parties are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from or through such sites or resources. You agree that the Home-Buyer-Tools Parties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through such external sites or resources. 7. Proprietary Rights The Website and all materials on the Website, including, without limitation, Home-Buyer-Tools Website, Home-Buyer-Tools.com and all other trademarks and logos on the Website, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. 8. General Conditions This Service Agreement shall be governed by and construed in accordance with the laws of British Columbia (without regard to conflict of laws provisions thereof). In the event of a dispute, you and Home-Buyer-Tools Website agree to submit to binding arbitration in British Columbia in accordance with the province laws. If any provision(s) of this Service Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Home-Buyer-Tools Website's failure to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by in writing by Home-Buyer-Tools Website. The section titles in this Service Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Service Agreement comprises the entire agreement between Home-Buyer-Tools Website and you and supersedes all prior agreements between the parties regarding the subject matter contained herein. Home-Buyer-Tools Website reserves the right to modify or discontinue the Website with or without notice to you. Except as set forth in Section 8 of this Service Agreement, all notices to Home-Buyer-Tools Website must be made in writing via email addressed to customerservice@Home-Buyer-Tools.com
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