Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on April 2 2008.
This Terms of Use Agreement sets forth the standards of use of the The Home Swap,
LLC Online Service for Registered Members. By using the thehomeswap.com website
you (the “Member”) agree to these terms and conditions. If you do not agree to the
terms and conditions of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice. Modifications shall
become effective immediately upon being posted at thehomeswap.com website. Your
continued use of the Service after amendments are posted constitutes an acknowledgement
and acceptance of the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1.Description of Service
The Home Swap, LLC is providing Member with a fee-based opportunity to advertise
real estate on thehomeswap.com. Member must provide (1) all equipment necessary
for their own Internet connection, including computer and modem and (2) provide
for Member’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by The Home Swap, LLC on an “as is” and on an “as available”
basis. To the fullest extent permitted by applicable law, The Home Swap, LLC makes
no representations or warranties of any kind, express or implied, regarding the
use or the results of this web site in terms of its correctness, accuracy, completeness,
usefulness, reliability, or otherwise The Home Swap, LLC shall have no liability
for any interruptions in the use of this Website. Member herby acknowledges and
agrees that use of the services shall be at the sold and exclusive risk of the member.
The Home Swap, LLC disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced exclusion is inapplicable.
3.Limitation of Liability
THE HOME SWAP, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR
THE HOME SWAP, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF REVENUE,
OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED
IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE,
IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE HOME SWAP, LLC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS IS INAPPLICABLE. MEMBER HERBY ACKNOWLEDGES THAT THE DATA
MAY CONTAIN ERRORS, INACCURACIES, AND OMISSIONS. MEMBER SHALL ASSUME ANY AND ALL
RISK OF LOSS, DAMAGE OR HARM ASSOCIATED WITH MEMBER ACCESS TO AND USE OF THE HOME
SWAP, LLC TECHNOLOGY.
4. Indemnification
Member agrees to indemnify, pay, reimburse and hold The Home Swap, LLC, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys’ fees and costs, made by any third party due to or
arising out of Member’s use of the Service, the violation of this Agreement, or
otherwise, or infringement by Member, or other user of the Service using Member’s
computer, of any intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Member hereby
accepts responsibility for, and shall be liable for, all access to the The Home
Swap, LLC Web Site, Data, and Services in connection with the Password. Member shall
access The Home Swap, LLC Web Site and the Services only using the Password. Member
may input, retrieve, and modify Member Content in connection with the Services using
the The Home Swap, LLC Web Site. Member shall not modify any Data or information
except Member Content. Members are entirely responsible for any and all activities
which occur under their account whether authorized or not authorized. : Member shall
prevent unauthorized use and member agrees to notify The Home Swap, LLC of any unauthorized
use of Member’s account or any other breach of security known or should be known
to the Member. Member’s right to use the Service is personal to the Member. Member
agrees not to resell or make any commercial use of the Service without the express
written consent of The Home Swap, LLC. Any and all Rights accruing to members and
the responsibilities and liabilities of The Home Swap, LLC (if any) are non-transferable,
assignable or subject to assignment.
Member agrees to receive and accept emails from The Home Swap, LLC and other third
parties via the Site. The Member certifies that he is the owner, or owner's authorized
agent, of any property posted. Violation of this policy may constitute identify
theft and/or fraud and may be a prosecutable offense. The Member agrees to provide
accurate, true and current information on all listed properties and to maintain
and update this information when such information listed changes. Member agrees
to modify the listing status if a property is sold or becomes inactive. Currently,
all listed properties will remain on thehomeswap.com until the member removes or
inactivates the property. If member fails to respond to update emails requesting
renewal The Home Swap, LLC, may remove listing due to inactivity. Member shall not
induce or solicit (directly or indirectly) any Associate of The Home Swap, LLC to
leave the employ or hire of The Home Swap, LLC or engage (directly or indirectly)
the services of such Associates (as an employee, consultant, independent contractor
or otherwise) without the prior written consent of The Home Swap, LLC. Member shall
not (directly or indirectly) promote, advertise, market, or provide any product
or service similar to or competitive with the Real Estate Factory Inc. Web Site
or Services.
6. Modifications and Interruption to Service
The Home Swap, LLC reserves the right to modify or discontinue the Service with
or without notice to the Member. The Home Swap, LLC shall not be liable to Member
or any third party should The Home Swap, LLC exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that The Home Swap, LLC does not guarantee
continuous, uninterrupted or secure access to our website and operation of our website
may be interfered with or adversely affected by numerous factors or circumstances
outside of our control.
7. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the content located
on such sites. Your use of those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible therein. We encourage
all Members to review said privacy policies of third-parties’ sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While The Home Swap, LLC makes every
effort to ensure that the information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability of any information
provided on this website.
The Home Swap, LLC makes no warranties or representations whatsoever with regard
to any product provided or offered by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor shall be at your own risk.
9. Governing Jurisdiction of the Courts Arizona
Our website is operated and provided in the State of Arizona. As such, we are subject
to the laws of the State Arizona and such laws will govern this Terms of Use, without
giving effect to any choice of law rules. We make no representation that our website
or other services are appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so subject to the
internal laws of the State Arizona.
10. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2008 The Home Swap, LLC,
will all rights reserved, or is the property of The Home Swap, LLC and/or third
parties protected by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission of an authorized
officer of The Home Swap, LLC is strictly prohibited. Members agree that they will
not use any robot, spider, or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein without prior written permission
of an authorized officer of The Home Swap, LLC.
The Home Swap, LLC ™ and thehomeswap.com™ are proprietary marks of The Home Swap,
LLC. The Home Swap, LLC’s trademarks may not be used in connection with any product
or service that is not provided by The Home Swap, LLC, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or discredits
The Home Swap, LLC.
All other trademarks displayed thehomeswap.com’s website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation of
those Vendors. In addition, such use of trademarks or links to the web sites of
Vendors is not intended to imply, directly or indirectly, that those Vendors endorse
or have any affiliation with The Home Swap, LLC.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, The Home Swap, LLC designates the following individual
as its agent for receipt of notifications of claimed copyright infringement.
By Mail
3920 S. Rural Rd #110
Tempe, AZ. 85282
13. Botnets
The Home Swap, LLC retains the right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any hostnames are used as command
and control points for botnets, The Home Swap, LLC reserves the right to direct
the involved hostnames to a honeypot, loopback address, logging facility, or any
other destination at our discretion.
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements referenced
herein may be assigned by The Home Swap, LLC, in our sole discretion, to a third
party in the event of a merger or acquisition. This Terms of Use Agreement shall
apply in addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Member. Member agrees that by
accepting this Terms of Use Agreement, Member is consenting to the use and disclosure
of their personally identifiable information and other practices described in our
Privacy Policy Statement.