By accessing or using any part of the Homelist24 Network or the services provided on it \ as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by Homelist24 from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between Homelist24 and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the Homelist24 Network.
Homelist24 is a technology platform. We shall not be held responsible for the content of advertisements posted on our platform.
1. No Unlawful or Prohibited Use. As a condition of your use of this Website, you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities, including the Fair Housing Act. In addition, you warrant that you will not use this Website in any way prohibited by these terms, conditions and notices. In addition, you will not:
• use the Website if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Website;
• use the Website to advertise the Property owned by another person unless you are the duly-authorized property manager, representative, or agent of the Property owner, and can bind such Property owner, and your representation of such person complies with all applicable laws;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Homelist24 ;
• distribute or post spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Homelist24 or the interests or property of Homelist24 users;
• copy, modify, republish or distribute content from the Website or Homelist24 ’s copyrights and trademarks;
• impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
• provide inaccurate contact information or other information relative to your Homelist24 or property;
• harvest or otherwise collect information about users, including email addresses, without their consent;
• offer Homelist24 renters concessions less favorable than those offered to non-Homelist24 renters;
• transmit to Homelist24 or any user any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; or (ii) are libelous, defamatory, obscene, pornographic, abusive; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
General Disclaimer. Although Homelist24 has attempted to provide accurate information on the Website, Homelist24 assumes no responsibility for the accuracy of the information. All information provided on this Website is provided "as is" with all faults without warranty of any kind, either express or implied. Homelist24 hereby disclaims all warranties, express or implied, including, without limitation, those of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage or trade practice, except to the extent such disclaimers are held to be legally invalid.
Limitation on Liability. Neither Homelist24 , its parent, affiliates, or subsidiaries, or any of their respective directors, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Website or any Homelist24 advertisement, or damages from the use of or reliance on the information present on this Website, even if Homelist24 has been advised of the possibility of such damages.
Indemnity. You will indemnify and hold us (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand, including reasonable attorneys' fees, court costs, and other costs of collection, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party; or incurred by us as a result of your default under this Agreement.
Interpretation of the Terms of Use
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Homelist24), the Terms of Use constitutes the entire agreement between you and Homelist24 with respect to the Homelist24 Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Homelist24 with respect to the Homelist24 Network. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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