General
LuxuryHomesUSA.net is pleased to give you access to its Websites (LuxuryHomesUSA.net
and LuxuryHousesUSA.net),
(the "Site"), free of charge. Your use of the Site, and all
information, products and services on this Site (collectively, the
"Services") are subject to the binding legal terms set forth below
("Terms"). You understand we may update these Terms from time to time
without giving you any notice. Unless we let you know by giving you notice, any
new features or updated Services that we put on the Site will be subject to
these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH
BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT
USE THE SERVICES FOR ANY PURPOSE. The Site contains links to other Websites.
Your use of such other Websites is subject to the Terms of Use, if any,
contained within each such Website. If there is any conflict between the Terms
set forth below and any Terms or notices set forth on any other Website, then
the terms of such other Website will control your use of that Website. Please
review the Terms of Use for each Website so that you understand all of the terms
that will apply.
Although we attempt to make sure all
of the information on the Site, including but not limited to listings price,
square footage, photos, elevation and floorplan images, and lot size, is
accurate, by continuing to use this Site, you acknowledge, understand and agree
that it may not be current, accurate, or complete and that LuxuryHomesUSA.net
does not warrant or guarantee such accuracy. YOU ARE SOLELY RESPONSIBLE FOR
INDEPENDENTLY VERIFYING ALL INFORMATION ON THE SITE BEFORE RELYING ON THAT
INFORMATION IN ANY MANNER.
Privacy
Any information that we may collect from you during your use of the Site is
subject to our Privacy Policy. We encourage you to read and understand our
Privacy Policy.
Registration
If you decide to become a registered user of the Site, you will be asked to give
us some information about yourself. If you are not registered with us, please register
and become eligible for our enhanced registrant benefits.
During the registration process, you
agree to give us true, accurate and complete information about yourself, and to
promptly update this information when it changes. If you do not update it, we
may suspend or terminate your use of the Site as explained below. Any personal
information that you provide to us is subject to the terms of our Privacy
Policy.
Account Information and Password
Protection
When you register, you will be assigned your email address as your user name and
you will select a password so that you can access your account with us. You
agree that you will keep this information confidential. You are completely
responsible for maintaining the confidentiality of your password and for all
activities undertaken with your account and password. You agree to log off of
the Services at the end of each session to prevent fraud on your account by
third parties. If you think there has been unauthorized use of your account or
password, you agree to immediately notify LuxuryHomesUSA.net and cooperate with
us to resolve it. You understand that if you do not follow the terms of this
paragraph, we may suspend or terminate your use of this Site as explained below.
You understand that we are not responsible in any way, and will not be liable to
you or to any third person, if you do not comply with the terms of this
paragraph.
No License Granted
Except for allowing you to use the Site for your personal use as set forth in
the paragraph above, when you use the Site you are not receiving a license or
any other rights from us, including intellectual property or other proprietary
rights of LuxuryHomesUSA.net. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE
SERVICES OR ANY OTHER LuxuryHomesUSA.net PROPERTY EXCEPT AS INDICATED IN THIS
AGREEMENT.
Conduct of Registered Users and
Visitors
We believe that all registered users and visitors benefit from basic rules
regarding conduct while using any of the e-mail services so that everyone feels
free to share opinions and ideas. The free flow of ideas is jeopardized when a
few individuals act irresponsibly. To help everyone have a positive experience,
we ask, and you agree, to follow the following basic rules of conduct when using
the Site:
(1) You will follow these Terms and all applicable laws;
(2) You will never give your password to anyone (no LuxuryHomesUSA.net employee
will ever ask for it) and you will not provide your billing or credit
information except to make a purchase;
(3) You will not harass, threaten or abuse other people when using the Site in
any manner;
(4) You will not e-mail any User Content that is obscene or may be hateful or
offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or
distasteful; or is defamatory, libelous, or invades another person's privacy or
proprietary rights, including any patent, trademark, trade secret, or copyrights
of any party;
(5) You will not attempt to harvest any screen names of e-mail addresses for any
commercial use;
(6) You will not collect or store personal information about any other
individual on the Site, or otherwise stalk, repeatedly contact or harass another
user;
(7) You will not impersonate any other person or misrepresent a relationship
with any person or entity, including misrepresenting a relationship with LuxuryHomesUSA.net; similarly, you will not adopt a false identity if the
purpose of doing so is to deceive or defraud another;
(8) You will not use the Services to harm minors in any way, or encourage
interactions with minors of a sexual nature;
(9) You will not manipulate the Services so as to hide your identity or
participation in Services on the Site (by using another person's identity,
changing headers, or otherwise modifying any other possible identifier);
(10) You will not send any bulk unsolicited advertising, promotional
information, e-mail or other solicitation (including without limitation junk
mail, "spam," chain letters or pyramid schemes of any sort) to any
person through the use of the Services.
Please report any violations of these
Terms to admin@LuxuryHomesUSA.net.
If you violate any of the guidelines
set forth above, or any other aspect of these Terms, we reserve the right to
suspend or terminate your rights to use the Services without giving you any
notice. In the event that your service is terminated, you will immediately lose
access to any information that may be on the system. YOU UNDERSTAND THAT LuxuryHomesUSA.net IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY
INFORMATION ON THE SITE FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF
YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER
REASON.
Disclosure of Your Identity
From time to time we may receive requests to disclose the identities of our
users. We only will disclose the identities of ours users or other personally
identifiable information in accordance with the terms of our Privacy Policy.
Indemnity
You understand that you are personally responsible for your behavior while on
the Site , and agree to indemnify and hold LuxuryHomesUSA.net and its
affiliates and their officers, directors, employees and agents harmless from and
against any loss, damage, liability, cost or expense of any kind (including
attorneys' fees) that we may incur in connection with a third party claim or
otherwise, in relation to your use of the Services, or your access to the Site,
or your violation of either these Terms or the rights of any third party.
Disclaimer of Warranties
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE
SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU
EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD
PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE
SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE
AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO
YOU. YOU ACKNOWLEDGE THAT LuxuryHomesUSA.net MAKES NO WARRANTY THAT THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND
THAT LuxuryHomesUSA.net DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR
USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND,
WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN
THIS DOCUMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
LAW, LuxuryHomesUSA.net DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES
AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY
INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
Liability Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LuxuryHomesUSA.net OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY
MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED
TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES,
OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND
TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR
RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR
NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF LuxuryHomesUSA.net HAS
BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH
DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR
OTHERWISE.
Access Restrictions; Termination
We can terminate your access to the Site or the Services at any time.
We can also change these Terms at any
time, and your continued use of the Services after any change we make will mean
that you agreed with the changes. Notice to you may be made by displaying
notices or links to notices to you generally on the Services. IN THE EVENT THAT
YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY
MANNER FOR ANY PURPOSE.
Equal Housing Opportunity
All real estate advertising on the Site is subject to the Fair Housing Act,
which makes it illegal to advertise any preference limitation or discrimination
based on race, color, religion, sex, handicap, familial status or national
origin, or an intention, to make any such preference, limitation or
discrimination. Familial status includes children under the age of 18 living
with parents or legal custodians; pregnant women; and people securing custody of
children under 18.
LuxuryHomesUSA.net will not
knowingly accept any advertising for real estate which is in violation of the
law. All visitors to the Site are hereby informed that all dwellings advertised
in this Site are available on an equal opportunity basis. To complain of
discrimination call the U.S. Department of Housing and Urban Development
toll-free at 800-669-9777. The toll-free telephone number for the hearing
impaired is 800-927-9275.
Miscellaneous
These Terms are the entire agreement between you and LuxuryHomesUSA.net. They
supersede any and all prior or contemporaneous agreements between you and LuxuryHomesUSA.net relating to your use of the Site or the Services. If any
part of these Terms is determined to be invalid or unenforceable, it will not
impact any other provision of these Terms, all of which will remain in full
force and effect. These Terms are governed by, and will be interpreted in
accordance with, the laws of the State of Texas, without regard to any choice of
law provisions. You agree that, with the exception of injunctive relief sought
by LuxuryHomesUSA.net for any violation of LuxuryHomesUSA.net's proprietary or
other rights, any and all disputes relating to these Terms, your use of the Site
or the Services shall be resolved by arbitration in accordance with the
then-current rules of the American Arbitration Association (the "AAA")
before an independent arbitrator designated by the AAA.
You can direct any questions
concerning these Terms to:
LuxuryHomesUSA.net
2003 Alyssa
Allen, TX 75013
Attn: Website Terms
