Welcome to HouseBuySell.com.
By using our site, you are agreeing to comply with and be bound
by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not
use this site. The term “HouseBuySell”, “us”
or “our” refers to LegalDocs Online, Inc., the legal
name of the owner of the Web site. The term “you”
refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and
conditions outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement
constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site,
and the subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the Site,
and you should review this Agreement prior to using the Site.
2. Copyright.
The Site, including any content,
software and services offered thereon, are the property of HouseBuySell.com
and its suppliers. It is protected by the copyright and/or other
intellectual property laws of India and internationally. You
are hereby authorized solely to view and to retain a copy of
pages of this Site for your own personal use. Do not duplicate,
publish, modify, or otherwise distribute the material on this
Site unless specifically authorized in writing by HouseBuySell.com
to do so. You hereby acknowledge and agree that, as between
HouseBuySell.com and you, all right, title, and interest in
and to the Site and the provision thereof, including without
limitation any patent rights, patents, business methods, copyrights,
trademarks, trade secrets, inventions, know-how, and all other
intellectual property rights pertaining thereto, shall be owned
exclusively by HouseBuySell.com. Except as expressly authorized
by HouseBuySell.com herein, you agree not to make, copy, display,
modify, rent, lease, license, loan, sell, distribute, or create
derivative works of the Site, in whole or in part
3. Limited License; Permitted Uses.
You are granted a non-exclusive,
non-transferable, revocable license (a) to access and use the
Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes;
and (c) to print out discrete information from the Site solely
for internal, personal, non-commercial purposes and provided
that you maintain all copyright and other policies contained
therein. No print out or electronic version of any part of the
Site or its contents may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
4. Restrictions and Prohibitions on Use.
Your license for access and
use of the Site and any information, materials or documents
(collectively defined as “Content and Materials”)
therein are subject to the following restrictions and prohibitions
on use: You may not (a) copy, print (except for the express
limited purpose permitted by Section 4 above), republish, display,
distribute, transmit, sell, rent, lease, loan or otherwise make
available in any form or by any means all or any portion of
the Site or any Content and Materials retrieved from it; (b)
use the Site or any materials obtained from the Site to develop,
of as a component of, any information, storage and retrieval
system, database, information base, or similar resource (in
any media now existing or hereafter developed), that is offered
for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative
works of any Content and Materials from the Site; (d) use any
Content and Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary right,
or property right of us or any third parties; (e) remove, change
or obscure any copyright notice or other proprietary notice
or terms of use contained in the Site; (f) make any portion
of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or
developed in the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture; (h)
use any automatic or manual process to harvest information from
the Site; (i) use the Site for the purpose of gathering information
for or transmitting (1) unsolicited commercial email; (2) email
that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited
telephone calls or facsimile transmissions; (j) use the Site
in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and
(k) export or re-export the Site or any portion thereof, or
any software available on or through the Site, in violation
of the export control laws or regulations of the United States.
5. Forms, Agreements & Documents
We may make available through
the Site or through other Web sites sample and actual forms,
checklists, business documents and legal documents (collectively,
“Documents”). All Documents are provided on a non-exclusive
license basis only for your personal one-time use for non-commercial
purposes, without any right to re-license, sublicense, distribute,
assign or transfer such license. Documents are provided for
a charge and without any representations or warranties, express
or implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. THE DOCUMENTS
ARE PROVIDED “AS IS”, “AS AVAILABLE”,
AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF
THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. The Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require different
or additional provisions to ensure the desired result. You should
consult with legal counsel to determine the appropriate legal
or business documents necessary for your particular transactions,
as the Documents are only samples and may not be applicable
to a particular situation. Some Documents are public domain
forms or available from public records.
6. No Legal Advice or Attorney-Client Relationship.
Information contained on
or made available through the Site is not intended to and does
not constitute legal advice, recommendations, mediation or counseling
under any circumstance and no attorney-client relationship is
formed. We do not warrant or guarantee the accurateness, completeness,
adequacy or currency of the information contained in or linked
to the Site. Your use of information on the Site or materials
linked to the Site is entirely at your own risk. We are not
a law firm and the Site is not a lawyer referral service.
7. Linking to the Site.
You may provide links to
the Site, provided (a) that you do not remove or obscure, by
framing or otherwise, advertisements, the copyright notice,
or other notices on the Site, (b) your site does not engage
in illegal or pornographic activities, and (c) you discontinue
providing links to the Site immediately upon request by us.
8. Advertisers.
The Site may contain advertising
and sponsorships. Advertisers and sponsors are responsible for
ensuring that material submitted for inclusion on the Site is
accurate and complies with applicable laws. We are not responsible
for the illegality or any error, inaccuracy or problem in the
advertiser’s or sponsor’s materials.
9. Errors, Corrections and Changes.
We do not represent or warrant
that the Site will be error-free, free of viruses or other harmful
components, or that defects will be corrected. We do not represent
or warrant that the information available on or through the
Site will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content
of the Site at any time. We reserve the right in our sole discretion
to edit or delete any documents, information or other content
appearing on the Site.
10. Indemnification.
You agree to indemnify, defend and hold us
and our partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information and
documents, advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense related to your violation
of this Agreement or use of the Site.
11. Nontransferable.
Your right to use the Site is not transferable
or assignable. Any password or right given to you to obtain
information or documents is not transferable or assignable.
12. Disclaimer.
THE INFORMATION, CONTENT
AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," WITH “ALL FAULTS”, AND
ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE,
EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.
13. Limitation of Liability
(a) We and any Affiliated
Party shall not be liable for any loss, injury, claim, liability,
or damage of any kind resulting in any way from (a) any errors
in or omissions from the Site or any services or products obtainable
therefrom, (b) the unavailability or interruption of the Site
or any features thereof, (c) your use of the Site, (d) the content
contained on the Site, or (e) any delay or failure in performance
beyond the control of a Covered Party.
(b)THE AGGREGATE LIABILITY
OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM
ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY
SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED
PARTY.
14. Use of Information.
We reserve the right, and
you authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you
in any manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated
by you to us (collectively, a "Submission") will forever
be our property. We will not be required to treat any Submission
as confidential, and will not be liable for any ideas (including
without limitation, product, service or advertising ideas) and
will not incur any liability as a result of any similarities
that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all
present and future existing rights to the Submission of every
kind and nature everywhere. We will be entitled to use the Submission
for any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge
that you are responsible for whatever material you submit, and
you, not us, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and
copyright.
15. Securities Laws.
The Site may include statements
concerning our operations, prospects, strategies, financial
condition, future economic performance and demand for our products
or services, as well as our intentions, plans and objectives
(particularly with respect to product and service offerings),
that are forward-looking statements. These statements are based
upon a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends," "will" and
similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information
contained herein is intended to be, and shall not be deemed
to be, incorporated into any of our securities-related filings
or documents.
16. Links to other Web Sites.
The Site contains links to
other Web sites. We are not responsible for the content, accuracy
or opinions express in such Web sites, and such Web sites are
not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not
imply approval or endorsement of the linked Web site by us.
If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
17. Miscellaneous.
This Agreement shall be treated
as though it were executed and performed in San Francisco, California,
and shall be governed by and construed in accordance with the
laws of the State of California (without regard to conflict
of law principles). Any cause of action by you with respect
to the Site (and/or any information, Documents, products or
services related thereto) must be instituted within one (1)
year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set
forth in Section 16 and Section 17. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly
for or against any party. Any rule of construction to the effect
that ambiguities are to be resolved against the drafting party
shall not apply in interpreting this Agreement. This Agreement
and all incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a third
party in the event of an acquisition, sale or merger. If any
provision of this agreement is held illegal, invalid or unenforceable
for any reason, that provision shall be enforced to the maximum
extent permissible, and the other provisions of this Agreement
shall remain in full force and effect. If any provision of this
Agreement is held illegal, invalid or unenforceable, it shall
be replaced, to the extent possible, with a legal, valid, and
unenforceable provision that is similar in tenor to the illegal,
invalid, or unenforceable provision as is legally possible.
To the extent that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision. Our rights under
this Agreement shall survive any termination of this Agreement.
The title, headings and captions of this Agreement are provided
for convenience only and shall have no effect on the construction
of the terms of this agreement.
18. Arbitration.
Any
legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken
by us relating to Site operations and/or intellectual property,
shall be settled solely by confidential binding arbitration
in accordance with the commercial arbitration rules of JAMS
applicable at the time the arbitration commences. Any such controversy
or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in San
Francisco, California. Each party shall bear its own attorneys'
fees. Each party shall bear one-half of the arbitration fees
and costs incurred through JAMS.
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