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TERMS
OF USE
Your
use of EnvisionItSold.com, constitutes
agreement to and acceptance of these terms.
1.
Agreement
Between User & Envision It Sold, Inc.
The
EnvisionItSold.com web site (the “web site”) is
offered to interested home buyers and sellers as well as to agents and
brokers (each a “User” or "you") and
is conditioned upon your acceptance without modification
of the terms, conditions and notices contained in these Terms of
Use.
As a User, your access and/or use of this web
site constitutes your express agreement to all such
terms, conditions and notices. If
you do not agree with these Terms of Use, you
are not authorized to use this web site. Please
periodically link to and review these Terms of Use, because
your continued usage of this web site indicates your agreement with any
revisions to these Terms of Use.
2. Accounts &
Registration
In
order to access certain content and/or services on the web site, you
may be required to register an account with
EnvisionItSold.com. You are responsible for maintaining the
confidentiality of your password, and are fully responsible for all
activities that occur under your account. You agree to
immediately notify EnvisionItSold.com of any unauthorized use of your
password or account or any other breach of security, and to ensure that
you exit from your account at the end of each session. Please
notify us of any potential unauthorized use(s)
of your account, or breach of security.
With
respect to security: We always
use industry-standard encryption technologies
when transferring and receiving consumer data exchanged with our site.
We have appropriate security measures in place
in our physical facilities to protect against
the loss, misuse or alteration of information that we have collected
from you at our site.
3. User Provided Information
By submitting your name, e-mail
address, telephone number, and/or any other information to
EnvisionItSold.com through the web site, you hereby grant to
EnvisionItSold.com a royalty-free license to use and disclose this
information in accordance with EnvisionItSold.com’s Privacy Policy and these Terms of Use. Please review
EnvisionItSold.com’s Privacy Policy before submitting any
personal identifiable information to EnvisionItSold.com.
In
using our services you warrant, represent, and agree that:
(a)
you will provide EnvisionItSold.com with truthful and accurate
information and will promptly inform EnvisionItSold.com of any required
updates to such information;
(b)
you are of legal age (18 or over in most states) and are otherwise
capable of forming a legally binding contract; and
(c)
if you sign up with EnvisionItSold.com as a potential buyer or seller,
you represent and warrant and agree that you are interested in being
contacted by real estate agents, brokers, lenders and mortgage
companies about real estate services.
4.
User
Conduct
You
agree that all information or data of any kind, whether text, software,
code, music or sound, photographs or graphics, video or other materials
("Content"), publicly or privately provided,
shall be the sole responsibility of the person providing the
Content or the person whose user account is
used. We
shall not be responsible to you in any way for the Content that appears
on this web site nor for any error or omission.
You
explicitly agree, in using this web site or any service provided, that
you shall not:
(a)
provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortuous,
defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this web site
or any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or
international law;
(b)
impersonate or misrepresent your association with any person or entity,
or forge or otherwise seek to conceal or misrepresent the origin of any
Content provided by you;
(c)
collect or harvest any data about other users;
(d)
provide or use this web site and any Content or service in any
commercial manner or in any manner that would involve junk mail, spam,
chain letters, pyramid schemes, or any other form of unauthorized
advertising without our prior written consent;
(e)
provide any Content that may give rise to our civil or criminal
liability or which may constitute or be considered a violation of any
local, national or international law, including but not limited to laws
relating to copyright, trademark, patent, or trade secrets.
If
EnvisionItSold.com becomes aware, through a complaint or otherwise, of
any potential or suspected violation of these Terms of Use
or our Privacy
Policy,
EnvisionItSold.com may (but is not obligated to) conduct an
investigation to determine the nature and extent of the suspected
violation and the appropriate enforcement action, during which
investigation EnvisionItSold.com may
suspend services to any User being investigated and/or remove any
material from our servers You agree to cooperate fully with
any such investigation. You
acknowledge that violations of these Terms of Use or the Privacy
Policy could be subject to criminal or civil penalties.
5.
Submission
of Content on This Web Site
By
providing any Content to our web site:
(a)
you agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part.
Such license will apply with respect to any
form, media, technology known or later developed;
(b)
you warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant us with the license set forth in
this Section 6;
(c)
you acknowledge and agree that we shall have the right (but not
obligation), in our sole discretion, to refuse to publish or to remove
or block access to any Content you provide at any time and for any
reason, with or without notice.
6.
Your Responsibilities
You
are responsible for learning and complying with all restrictions on
sign location and/or type of sign (including, but not limited to
governmental, property, or association restrictions).
MLS
cooperative commission rules vary by state and are generally subject to
arbitration and procuring cause rules. Contact your local
real estate agent to determine the details of these
requirements.
You
are entirely responsible for key lockboxes use. Key lockboxes
are not meant to be used for non-Realtor assisted showings. You
agree to confirm Realtor status before using a key lockbox for a
showing. You should not let a buyer
without a Realtor, or anyone you do not know and trust, to enter your
home without being there with them. Either you or the Realtor
helping the buyer needs to be present.
The
use of our information, products and services should be based on your
own due diligence and you agree that our company is not liable for any
successes or failures of the sale of your home that is
directly or indirectly related to the purchase and use of our
information, products and services.
As
with anything, your results may vary, and will be based on the real
estate market you are in, as well as your individual
capacity, expertise, and level of desire. There are
no guarantees concerning the level of success you may
experience. The testimonials and examples used are not
intended to represent or guarantee that anyone will achieve the same or
similar results. Each individual’s success depends
on his or her background, dedication, desire and motivation.
7.
Agency Relationship
These
Terms of Use do
not create any agency relationship between you and us, nor do they make
us your representative.
Unless and
until we enter into a separate written Agency Agreement with you for a
specific state: (i) we will not be your agent or representative for any
property in that state, and (ii) our obligations to you in that state
will be limited to the minimum obligations, if any, owed by a licensed
real estate broker to a customer under applicable law.
8.
Refunds
Due
to the extremely low price of our services, unused months of service
are not refundable. The products and services
offered on this web site do not warrant or guarantee to find a buyer
for your home or result in a successful closing of your home.
9.
Accuracy
& Results
We do
not guarantee the accuracy of the listings or other information
appearing on EnvisionItSold.com, and
such information is subject to errors, omissions,
changes in price, prior sales, rentals, and
withdrawals without notice.
It
is your sole responsibility to independently evaluate the accuracy,
correctness and completeness of the information presented here.
All information, including pricing, is subject to change
without notice.
We
cannot guarantee your future results and/or success. There are some
unknown risks in real estate and on the Internet that
we cannot foresee which can reduce results. We
are not responsible for your actions.
10.
Termination
of Services
EnvisionItSold.com
reserves the right to remove any and all information on the web site
and/or to cancel any and all services provided on or through the web
site or provided to anyone at any time. In addition, if
EnvisionItSold.com has reason to believe you are in breach of these
Terms of Use
or any other obligations owed to EnvisionItSold.com, then without
limiting any other remedies, EnvisionItSold.com may issue a warning,
temporarily suspend, indefinitely suspend, or terminate your
subscription and/or account and delete any other information placed by
you on the web site at EnvisionItSold.com's sole discretion.
11.
Reservation
of Rights
We
reserve all of our rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, and any other
proprietary right that we may have in our web site, its content, and
the goods and services that may be provided.
The use of our rights and
property requires our prior written consent. We
are not providing you with any implied or express licenses or rights by
making services available to you and you will have no rights to make
any commercial uses of our web site or service without our prior
written consent.
12.
Assignment
You
may not assign these Terms of Use, in
whole or in part, without EnvisionItSold.com’s prior written
consent, and any attempted assignment without such consent shall be
null and void. EnvisionItSold.com
may assume and assign these Terms
of Use without your consent to
a successor-in-interest in connection with a change of control, merger,
sale of all or substantially all of its assets to which this Agreement
relates or other corporate reorganization. Subject
to the foregoing, these Terms
of Use shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and
permitted assigns.
13. Third Party Services
This
web site may contain hyperlinks to web sites operated by parties other
than EnvisionItSold.com. Such hyperlinks are provided for
your reference only. Representations made regarding products
and services provided by third parties are governed by the policies and
representations made by these third parties. We
shall not be liable for or responsible in any manner for any of your
dealings or interaction with third parties.
Neither
our company nor its owners, or partners shall be
responsible for content appearing on third party sites which are linked
to the Site. Nor shall we have any responsibility for any incentives
(regardless of form) that may be offered by anyone other than in
connection with a particular listing. You agree to look solely to the
third party offering such incentive to fulfill its agreement with you
and you hereby hold us harmless and release us from any
liability whatsoever in connection with any third-party incentive offer.
14.
Outside Expertise
If
you need any legal, tax, accounting, engineering, environmental,
surveying, appraisal, inspection, title, construction, architectural or
other expert assistance, you will consult, at your own expense, the
appropriate professional. We
strongly recommend that, in connection with any purchase of a property,
you have a home inspection, wood destroying pest inspection and any
other inspection appropriate under the circumstances, performed by
qualified person(s).
We also recommend that you
consult with an attorney and other appropriate experts.
Any information that we provide or make
available regarding third party providers of services or products
(each, a “Vendor”) is
solely for your convenience, to aid you in selecting such a Vendor
yourself. None of such information
is intended as (and none of such information will be treated for any
purposes as) a recommendation, endorsement, referral, guaranty or
warranty of such Vendor or such Vendor’s services or
products. It is your responsibility
to evaluate any Vendor yourself, before retaining such Vendor.
If we provide any links to any other web
sites, we have no responsibility for, and do not guaranty or endorse
such web sites, including the content, security practices or sponsors
thereof.
15.
Indemnification
You
agree to indemnify and hold us harmless, our subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim or
demand, including reasonable attorney's fees, that may be made by any
third party, that is due to or arising out of your conduct or
connection with this web site or service, your provision of Content,
your violation of this Terms
of Use or any other violation of the rights of another
person or party.
Neither
us nor our owners, or partners shall be responsible
for any damage caused to your computer, or for viruses which may affect
your computer as a result of accessing the Site or utilizing any of the
services or features which appear therein.
16.
Disclaimer
of Warranties
THE
INFORMATION, SOFTWARE, PRODUCTS, PRICING AND SERVICES PUBLISHED ON THIS
WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
ENVISION IT SOLD, INC. SHALL NOT BE HELD ACCOUNTABLE FOR SUCH
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION
HEREIN. ENVISION IT SOLD, INC. AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY
TIME. EXCEPT FOR THE LIMITED CONTACT WARRANTY SET FORTH ABOVE
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND.
ENVISION
IT SOLD, INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY ENVISION IT SOLD, INC. OR ITS REPRESENTATIVE SHALL CREATE A
WARRANTY AS IT IS INTENDED FOR EDUCATIONAL PURPOSES ONLY.
EXCEPT
FOR THE LIMITED CONTACT WARRANTY, YOU
ACCEPT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS
AND/OR SERVICES; SHOULD ANY GOODS
OR SERVICES PROVIDED HEREUNDER PROVE DEFECTIVE FOLLOWING
THEIR PURCHASE, YOU AND NOT ENVISION IT SOLD, INC.
ASSUME THE COSTS TO CORRECT SUCH DEFECT.
17.
Limitation
of Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (a) THE USE OF OR THE INABILITY TO USE THE SERVICE, (b) THE COST
TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY
TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (c) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (d) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (e) ANY OTHER MATTER
RELATING TO THE SERVICE.
The
foregoing limitations shall apply even if the above stated remedy fails
of its essential purpose. You
acknowledge that the limitations of liability in these Terms of Use and
the allocation of risk herein are an essential element of the bargain
between the parties, without which EnvisionItSold.com would not have
provided Services to the consumer.
EnvisionItSold.com’s pricing reflects this allocation of risk
and the limitation of liability specified herein.
18.
Applicable
Law
You
agree that this Terms
of Use and any dispute arising out of your use of this web
site or our products or services shall be governed by and construed in
accordance with local laws where the headquarters of the owner of this
web site is located, without regard to its conflict of law provisions.
By registering or using this web site and service you consent and
submit to the exclusive jurisdiction and venue of the county or city
where the headquarters of the owner of this web site is located.
19.
General
Information
These
Terms of Use are governed by the laws of the State of Colorado, USA.
You hereby consent to the exclusive
jurisdiction and venue of courts in Denver,
Colorado, USA
in all disputes arising out of
or
relating to the use of this web site.
(a)
In the event that this Terms of Use conflicts
with any law under which any provision may be held invalid by a court
with jurisdiction over the parties, such provision will be interpreted
to reflect the original intentions of the parties in accordance with
applicable law, and the remainder of this Terms of Use will remain valid
and intact;
(b)
The failure of either party to assert any
right under this Terms of Use shall
not be considered a waiver of any that party's right and that right
will remain in full force and effect;
(c)
You agree that without regard to any statue or contrary law that any
claim or cause arising out of this web site or its services must be
filed within one (1) year after such claim or cause arose or the claim
shall be forever barred;
(d)
We may assign our rights and obligations under this Terms of Use and
we shall be relieved of any further obligation.
Effective Date: January
1st, 2006
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