Home Buyers Guide MLS Terms of Service and Use
By visiting and/or using the HomeBuyersGuide.com (HBG), downloading the HomeBuyersGuide.com eBook (eHBG) and/or using the Home Buyers Guide MLS (HBGMLS), any page or content thereof (collectively "HBG Content"), you are agreeing to be bound by these terms of service and use and such agreement constitutes a binding contract between you and The Direct Response Group, LLC dba Home Buyers Guide (DRG). If you do not wish to be bound by these terms of use, please do not visit or use any pages, resources or content of the HBG, eHBG or HBGMLS.
By using any of the aforementioned, you acknowledge that DRG is not a real estate brokers, mortgage brokers or mortgage lenders and does not aid or assist borrowers in obtaining loans, solicit borrowers or lenders for, negotiate or make loans secured by liens or real property.
Overview
The HBG Content is owned and operated by The Direct Response Group, LLC whose place of business is located at 445 Broadhollow Road, Suite CL 42, Melville, NY 11747. This site contains information which has been independently provided by real estate brokers and sales people who are participants in the HBG Content. They have obtained this information either from the owners of the properties displayed on the site, public records (sometimes obtained through private, third party vendors), and observation. In addition, this site may contain information provided for HBG Content from a variety of sources including other public websites, quasi public websites, private not-for-profit websites and business-for-profit websites.
You are offered access to the HBG Content in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by DRG from time-to-time. DRG refers to these terms as an "Agreement" or as "Terms of Use" and reserves the right to modify such terms and HBG Content at its sole discretion without providing notification. You are responsible for regularly reviewing this Agreement.
BY VISITING OR USING ANY PART OF THE HOMEBUYERSGUIDE.COM WEBSITE, EXCEPT FOR THE HOME PAGE AND THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS IS A BINDING CONTRACT BETWEEN DRG AND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF THE HBG CONTENT.
GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE HBG CONTENT
Except where we specify otherwise, we offer you access to the HBG Content solely for your personal and non-commercial uses. You promise that you will not use the HBG Content, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial.
You agree that you will not, except for your personal use, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the HBG Content. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
You agree that you will not use the HBG Content in any manner which could damage, disable, overburden, or impair the HBG Content or interfere with any other party's use and enjoyment of the HBG Content. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HBG Content.
Accurate User Information and Listing Information
If and when requested by DRG you agree to provide true, accurate, and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of DRG, you agree that you will not access or attempt to access password protected, secure or non-public areas of the HBG Content. Unauthorized individuals attempting to access prohibited areas of the HBG Content maybe subject to prosecution.
Linking to Content
The origin of any link to any HBG Content must be accompanied by a clear and prominent attribution indicating that the link is connected to the Home Buyers Guide. For example, prominently positioning the HomeBuyersGuide.com name and mark such that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the HomeBuyersGuide.com name and mark and the link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between HomeBuyersGuide.com, on the one hand, and you or any other person or entity, on the other hand. You agree that if DRG, in its sole and unfettered discretion, requests in writing that you remove any link or links to the HBG Content, you will promptly do so.
You agree that if you create any link to the HBG Content that you will not employ any technology that results in the placement of content from the HBG Content in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the HBG Content from how it would appear if a user typed in the HomeBuyersGuide.com URL to a typical browser line.
Information Provided through the HBG Content
The HBG Content contains content and information originated by DRG. HomeBuyersGuide.com presents and makes available such content and information through the HBG Content as a public service, for the sole purpose of aiding you, the individual consumer. HomeBuyersGuide.com, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.
DRG have made no investigation as to the listing information set forth on the HomeBuyersGuide.com site. With respect to such information, HomeBuyersGuide.com believes that the same is reasonable accurate and truthful, but does not guarantee the accuracy and truthfulness thereof.
The HBG Content you are about to enter also contains links to other websites maintained by other organizations both public and private. DRG have not made an independent investigation to ascertain whether or not the information contained in said sites is accurate.
Information Provided Through HBG Content and via Links to Other Sites
For your convenience, the HBG Content contains content and information from links to affiliate websites ("Affiliate Content"). Such content is not under the control of DRG and they are not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. HomeBuyersGuide.com is providing such content to you only as a convenience and the inclusion of such content does not imply endorsement by DRG or HomeBuyersGuide.com of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software or sites.
Neither DRG nor HomeBuyersGuide.com have any business relationship with any of the firms selling services or products through links to its websites other than the fact that DRG may receive a small advertising fee or may receive a small commission if you purchase such products or services. It is incumbent upon you to investigate fully the products, services, and the companies offering the same as neither this site nor its owners has done so. Such websites may have terms and conditions of use which vary from the terms of use for HomeBuyersGuide.com. In the event that the terms of such website are in conflict with these terms then in so far as the relationship between you and DRG and HomeBuyersGuide.com is concerned the terms of use set forth herein shall prevail.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO HOMEBUYERSGUIDE.COM CONTENT AND AFFILIATE CONTENT, PROVIDED BY DRG THROUGH THE HBG CONTENT IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DRG OR HOMEBUYERSGUIDE.COM MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION.
DRG AND HOMEBUYERSGUIDE.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOMEBUYERSGUIDE.COM SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION OR PROVIDED THROUGH THE SERVICES.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH HOMEBUYERSGUIDE.COM INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. HOMEBUYERSGUIDE.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACITY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OR THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HBG CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT WILL HOMEBUYERSGUIDE.COM BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OR SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
IN NO EVENT SHALL DRG, OR HOMEBUYERSGUIDE.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HBG CONTENT, WITH THE DELAY OR INABILITY TO USE THE HBG CONTENT OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HBG CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE HBG CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DRG AND/OR HOMEBUYERSGUIDE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HBG CONTENT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HBG CONTENT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DRG, HOMEBUYERSGUIDE.COM, ITS PARTNERS, AFFILIATES, SUBSIDIARIES AND SUPPLIERS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE (INCLUDING ATTORNEY'S REASONABLE FEES) RELATED TO YOUR VIOLATION OF THIS AGREEMENT.
NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS. THESE ARE CALCULATION TOOLS, NOT AN OFFER TO LEND. INTEREST RATES SHOWN ARE FOR DEMONSTRATION PURPOSES ONLY. ACTUAL MARKET INTEREST RATES MAY VARY.
ADDITIONAL TERMS MAY GOVERN USE OR CERTAIN WEBSITES, CONTENT WEB PAGES WITHIN THE WEBSITE.
Accurate and Authorized Information Provided
In order for you to participate in certain services that DRG provides through the HBG Content, DRG will require that you provide specific information about yourself (the "HomeBuyersGuide.com Solicited Information"). If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. DRG is committed to maintaining the privacy and security of any and all such information that you provide to them through the HBG Content.
You agree only to post information that you are authorized to post. Posting of unauthorized listings is prohibited.
Non-Commercial Services
HomeBuyersGuide.com may provide services through HBG a range of services and online tools including but not limited to calculators, checklists and resource lists. Such tools are offered strictly for your convenience and HBG cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.
Third-Party Services
Various commercial and non-commercial services may be offered through HBG Content. You acknowledge that by permitting such services to be offered through the HBG Content, HomeBuyersGuide.com is acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to HomeBuyersGuide.com. In order for HomeBuyersGuide.com to distribute your information and facilitate contacts between you and such third parties, you hereby grant HomeBuyersGuide.com permission to disclose any and all of the information that you provide to HomeBuyersGuide.com to any such third party that HomeBuyersGuide.com, in its sole discretion, deems relevant and appropriate.
Any information that you provide to HomeBuyersGuide.com must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. You must not submit a request for a third party service through the HBG Content unless you intend, in good faith, to contract with such third party for the use of such service.
HomeBuyersGuide.com is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release DRG and HomeBuyersGuide.com (and its affiliates, agents and employees) from any and 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 disputes.
Jurisdiction, Venue and Choice of Law
This Agreement is governed by the laws of the State of New York. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New York, County of Suffolk and/or Eastern District of New York in all disputes arising out of or relating to the use of the HBG Content. Use of the HBG Content is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you DRG and HomeBuyersGuide.com as a result of this Agreement, or the use of the HBG Content. HomeBuyersGuide.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of HomeBuyersGuide.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HBG Content or information provided to or gathered by HomeBuyersGuide.com with respect to such use.
General Terms
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and DRG and HomeBuyersGuide.com with respect to the HBG Content and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you DRG and HomeBuyersGuide.com with respect to the HBG Content.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOMEBUYERSGUIDE.COM, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
All HBG Content (including look, feel and usibility) are owned and copyrighted or licensed by DRG, its affiliates or its suppliers and licensors. (c) 2008 The Direct Response Group, LLC. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the HBG Content is permitted without the written permission of DRG. Any rights not expressly granted herein are reserved.
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