HomeTo the Net Directory » Terms & Conditions
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Terms & ConditionsACCEPTANCE OF TERMS THE FOLLOWING DESCRIBES THE TERMS ON WHICH HomeTo.net OFFERS YOU ACCESS TO OUR WEB SITE (HomeTo.net) AND SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OUR WEB SITE AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS. 1. Modifications of Terms: HomeTo.net (the website) provides its service to you subject to the following Terms and Conditions (TAC), which may be updated by us from time to time without notice to you. HomeTo.net (the website) reserves the right to make changes to this Agreement, or the guidelines or rules incorporated herein, at any time. Your continued use of our Site will signify your acceptance of any revised terms to this Agreement. This means that if you continue to use the services of HomeTo.net (the website) you agree and are accepting the Terms and Conditions. HomeTo.net (the website) reserves the right to change promotions, pricing, and discounts at any time. HomeTo.net may change standard fees, free listings or make changes to fees in particular categories. 2. Membership / Access Eligibility: Our Services are available only to, and may be used only by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to children (persons under the age of 18). *YOU MUST BE OVER 18 YEARS OLD TO AGREE TO THIS AGREEMENT* Further, our Services are not available to any person whose membership (HomeTo.net) has been suspended (temporarily or indefinitely) or permanently terminated. If you do not qualify, please do not use our Site. If you are using the Site or our Services on behalf of a business entity, you represent that you have the authority to bind the entity to this Agreement. You agree that HomeTo.net may, under certain circumstances and without prior notice, immediately terminate Your Account, and your access to our Services. Cause for termination shall include, but not be limited to, (a) breach of this Agreement or other guidelines or rules incorporated herein, (b) request by law enforcement or other government agencies, (c) request by you,(d) discontinuance or material modification to our Services (or any part thereof),(e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. You agree that any termination shall be at HomeTo.net sole discretion, and that HomeTo.net shall not be liable to you or any third party for any termination of Your Account or your access to our Services. 3. Registration / Your Account: You may browse the Site (HomeTo.net) for free and without registering. At This time you do not have to register as a member ("Registration") to to summit your URL (LINK) on our Site. 4. Ownership of Data: HomeTo.net (the website) takes privacy seriously and your personal information is never shared with third parties. The data and other certain information about you are subject to our Privacy Policy. You understand that all information, data, text, software, photographs, phone numbers, or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all content that you upload, post, email, transmit, telephone calls, cell phone calls( the communication between buyer to seller or seller to buyer or any kind of trade between buyer or seller, or seller to buyer ) or otherwise make available via the service to (HomeTo.net). This means that any communication between parties under no circumstances will HomeTo.net (the website) be liable in any Content, or any loss or damage of any kind incurred because of the use of any Content posted, emailed, or transmitted to. HomeTo.net (the website) is not responsible for any warranties associated with any item sold, bought or traded on HomeTo.net (the website). You must provide accurate and current information to HomeTo.net (the website). If you provide any information that is false, misleading, inaccurate, not current or incomplete during Registration or otherwise, HomeTo.net (the website) may suspend (temporarily or indefinitely) or permanently terminate Your Account and refuse any and all current or future use of the Site and our Services (or any portion thereof). Without limiting any other remedies, HomeTo.net (the website) has the right to suspend (temporarily or indefinitely) or permanently terminate Your Account if we suspect that you have engaged in any fraudulent activity through the Site. You agree to not to use the Service in a harmful, threatening, abusive, harassing, or invasive or invasion of another's privacy, or information, data, text, software, photographs, phone numbers, all forms of communication or other materials that is placed on HomeTo.net (the website). 5. HomeTo.net: Our Site acts as an open marketplace for users to buy, sell, rent and negotiate the purchase and sale of goods and services with other users. HomeTo.net provides only a service, is not involved in any transaction between buyers and sellers who use our Site and Services and does not handle any goods physically. Based on same basic online verification, HomeTo.net may identify some accounts as verified or unverified; however, we do not confirm the identity of our users, nor the accuracy of any listings posted on the Site. As a result, HomeTo.net does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, HomeTo.net does not guarantee the ability or intent of users to fulfill their obligations in any transactions. You are solely responsible for assessing the truthfulness of any buyer or seller with whom you deal, and for evaluating the accuracy of any listing posted on the Site. You agree that HomeTo.net has no liability for any misrepresentation, incomplete statement or failure to disclose by any user, or for any claims arising from a transaction initiated through the Site. 6. Termination: HomeTo.net (the website) shall have the right to remove any Content that violates the Terms and Conditions. HomeTo.net (the website) does not claim ownership of Content, or the items you submit for sale or trade. You agree that HomeTo.net (the website) shall not be liable to you or to any third party. Sales (or trades) of stolen property are prohibited and will not be tolerated. Frauds, illegal activities, frauds, or buying, selling or trading of any stolen property will be reported to the proper authorities . HomeTo.net (the website) is not responsible for the Items sold, bought, or traded on HomeTo.net (the website). You agree that HomeTo.net (the website) may, under certain circumstances and without prior notice, immediately may suspend (temporarily or indefinitely) or permanently terminate Your Account and refuse any and all current or future use of the Site and our Services (or any portion thereof) and that it is HomeTo.net's sole discretion and that HomeTo.net (the website) shall not be liable to you or any third party for any termination of your information. HomeTo.net (the website) acts as an open marketplace for users to buy and sell goods (or trade of goods) and services with other users. You agree that HomeTo.net (the website) has no liability for any misrepresentation, incomplete statement or failure to disclose by any user, or for any claims, arising from a transaction initiated through HomeTo.net (the website). 7. Selling / Posting: You must have the legal authority to submit URL痴 and services that you are listing on our Site. You must accurately describe your item and all terms of transaction in your listing. If another user buys your item (accepts your offer), you are legally obligated to complete the transaction unless (1) the transaction is prohibited by law or this Agreement, (2) the buyer materially modifies the terms and conditions of his or her offer, or (3) a typo graphical error exists in the listing information which materially affects the terms of sale. You are also responsible for payment of all HomeTo.net fees. Any listed item that is an imitation, replica, or facsimile must use the terms "imitation" or "replica" in both the title and description of the listing. You are listing title and description should never confuse buyers as to the authenticity of the item. In addition, if your item is pictured with a trademarked logo, that company must produce it. Images of authentic items are not permitted when selling replicas. Your pictures must be of the item you are selling. In short, be up front about the nature of the goods you are selling, and make sure your listing title is not confusing to buyers. 8. Contacting HomeTo.net Customers: As a potential buyer, you agree to contact the seller or poster on HomeTo.net only if you are interested in the posting. You agree not to contact the poster for any other reason including to conduct any spam or fraudulent activity. 9. Resolution of Disputes: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles, as if formed by and between Colorado residents. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You and HomeTo.net (the website) agree to submit to the personal and exclusive jurisdiction of the courts located within the County of El Paso, Colorado. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section of this Agreement. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. HomeTo.net's (the website) failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You and HomeTo.net (the website) are independent contractors. No agency, partnership, joint venture, employer-employee relationship is intended or created by this Agreement. You agree that, except as expressly provided herein, there shall be no third party beneficiaries to this Agreement. MEMBER FURTHER ACKNOWLEDGES AND AGREES THAT THEY SHALL BE RESPONSIBLE FOR ALL COSTS TO ENFORCE THIS AGREEMENT, INCLUDING REASONABLE ATTORNEY FEES. 10. User Information: "User Information" is defined as any and all information or data you provide to HomeTo.net or other users during the Registration, post, sale, buy or any other process, and through any interactive feature of the system, including email. You represent and warrant that your User Information (1) is not false, inaccurate, incomplete or misleading; (2) is not fraudulent and does not involve the sale of illegal, counterfeit or stolen items; (3) does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (5) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (6) is not obscene and does not contain child pornography; (7) does not contain any viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (8) does not create liability for HomeTo.net nor cause HomeTo.net to lose (in whole or in part) any service suppliers; and (9) does not link directly or indirectly to another web site. Furthermore, you may not list any item on our Site (or consummate any transaction that was initiated using our Service) that, by paying to us a listing or other type of transaction fee pursuant to our Fee Policy, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current listing restrictions. You agree not to make use of any other user's User Information other than as necessary to complete any transactions in which you and that user are involved. 11. Limited License: You agree to grant and hereby do grant HomeTo.net a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense able (through multiple tiers) right and license to exercise all copyright, publicity and database rights you have, in any existing or future media, known or unknown, in your User Information, provided, however, that HomeTo.net will at all times comply with its Privacy Policy . 12. Content Policy & Listing Restrictions: You understand that all postings, messages, text, files, images, photos, video, sounds, communications between parties or other materials (Content) posted on, transmitted through, or linked from the service, are the sole responsibility of the person from whom such Content originated. This means you are entirely responsible for each individual item (item) of Content that you post, email or otherwise make available via the service. You understand that HomeTo.net (the website) does not control, and is not responsible for Content made available through the service, and that by using the service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, HomeTo.net (the website) and Content available through the service may contain links to other websites, which are completely independent of HomeTo.net. HomeTo.net (the website) makes no representation or warranty as to the accuracy, completeness or authenticity of the information contain in any such site. Your linking to any other web sites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will HomeTo.net (the website) be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that HomeTo.net (the website) has the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the service, for violating the TAC or for any other reason. You must have the legal authority to sell goods you are listing on HomeTo.net (the website). You must accurately describe your item and all terms of transaction in your listing. If another user buys your item (accepts your offer), you are legally obligated to complete the transaction unless law or this Agreement prohibits the transaction. Your pictures must be of the item you are selling. In short, be up front about the nature of the goods you are selling, and make sure your listing title is not confusing to buyers. As a potential buyer, you agree to contact the seller or poster on HomeTo.net (the website) only if you are interested in the posting. You agree not to contact the poster for any other reason including to conduct any Spam or fraudulent activity. HomeTo.net (the website) prohibits the listing, sale or trade of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation. It is your responsibility to sell or trade only legal goods and services and you must make sure that what you list for sale on HomeTo.net (the website) is legal and conforms to all the legal requirements of your local, state, provincial, federal or foreign law and regulations. Items prohibited or restricted for posting on HomeTo.net (the website) include copyright or Trademark-Sensitive Goods, counterfeit or knock-off goods, offensive material (items that promote hatred, violence, racism, or intolerance), police-related Items, stolen property or items used for theft, prohibits the listing of any adult-oriented products or services, or listings which solicit directly or indirectly sexually-oriented services, or sexually-explicit content. You agree not to post any Offensive Content on the Site or post any links or URL's (web addresses) to sites containing Offensive Content. Offensive Content includes, without limitation, words, images, sounds or other content which: - 1. (Any transaction) That is prohibited by law or violates (breach) HomeTo.net's Terms and Conditions. - 2. Discriminates or intend to discriminate on any illegal basis. All real estate advertisements are subject to the "Fair Housing Act" and HomeTo.net (the website) does not accept any advertisement that is in violation of the law. State law prohibits discrimination based on color, religion, sex, national origin, handicap, or familial status. - 3. That is profane, obscene or involves child pornography. - 4. That denigrates a class of people because of their race, religion, country of origin, sexual orientation or gender. - 5. That depicts violent or criminal acts, perpetrators or victims of violence or crime, or seeks to incite violence or crime. - 6. That relates or pertains to any "hate group," i.e., groups that are organized in part to promote the oppression of or assert the supremacy of any class of people. - 7. That contains defamatory or libelous statements or unlawfully disparaging remarks or threats. - 8. The sale of tobacco products to persons not of lawful age. - 9. The sale of alcohol to persons not of lawful age. - 10. Weapons & Ammunition. - 11. Stocks, Bonds & Securities. - 12. Stolen Property or Items Used For Theft. - 13. Recalled Items. - 14. Police-Related Items. - 15. Illegal Drugs, Drug Paraphernalia, Steroids, & Other Controlled Substances. - 16. Human Parts, Bodily Fluids & Human Remains. - 17. Government IDs. - 18. Hacking/Surveillance/ Interception/De-scrambling Equipment. - 19. Item(s) Made From Protected Animal/Plant Species. - 20. Fireworks, Explosives, & Hazardous Materials. - 21. Copyright or Trademark-Sensitive Goods. - 22. Offensive Material (items that promote hatred, violence, racism, or intolerance). - 23. Gambling Items. - 24. Adult-oriented products or services, or listings which solicit directly or indirectly sexually-oriented services, or sexually-explicit content. - 25. Prescription/OTC Drugs & Medical Devices. - 26. Items Subject to Embargo: Cuban cigars, Iranian rugs, Yugoslavian coins. 13. Screening: HomeTo.net (the website) may employ automated filters and/or manual reviews to screen listings and content, either before those listings and/or content are posted on the Site or at any time thereafter. In the event that HomeTo.net, in its sole discretion, determines that any listing offers for sale any illegal item or service, that any content is Offensive Content, or that any listing or content is otherwise objectionable, HomeTo.net may refuse to post such listing or content, or may remove such listing or content from the Site. Further, HomeTo.net may suspend (temporarily or indefinitely) or permanently terminate your Account due to improper listings or posts. 14. Release: You agree that HomeTo.net is not a party to any negotiations or transactions. In the event that you have a dispute with one or more users arising from any communications, negotiations, transactions, or other activities conducted or initiated through the Site or our Services, you release HomeTo.net and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor." 15. LIMITATION OF LIABILITY: IN NO EVENT SHALL HOMETO.NET OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, (HOWSOEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (a) OUR SITE (HOMETO.NET), SERVICES OR THIS AGREEMENT, (b) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR OUR SERVICES, OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR INFORMATION, EVEN IF HOMETO.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL HOMETO.NET BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE OR OUR SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, or (d) THE RECEIPT OR LOSS OF DATA, INFORMATION OR MESSAGES TRANSMITTED THROUGH THE SITE OR OUR SERVICES 16. Language: It is the express intent of the parties that this Agreement and any related documents be drawn up in the English language. 17. DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED AS AVAILABLE AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. HomeTo.net (THE WEBSITE) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES. HomeTo.net (THE WEBSITE) MAKES NO WARRANTY THAT THE SITE OR OUR SERVICES WILL SATISFY YOUR REQUIREMENTS, OR THAT THE AVAILABILITY OF THE SITE OR OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE. YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SITE OR OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HomeTo.net (THE WEBSITE) OR THROUGH OR FROM THE SITE OR OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. HOMETO.NET DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS. 18. DISCLAIMLER: HomeTo.net (the website) does not knowingly accept advertisements that discriminate or intend to discriminate on any illegal basis. All real estate advertisements are subject to the fair housing act and HomeTo.net (the website) does not accept any advertisement that is in violation of the law. State law prohibits discrimination based on color, religion, sex, national origin, handicap, or familial status. 19. NOTICE: Any notices given pursuant to this Agreement that are directed to HomeTo.net (the website) shall be given by postal mail to: HomeTo.net (the website), 6644 Dublin Loop W. #C Colorado Springs, CO. 80918. Attn: Legal. Any notice from HomeTo.net (the website) that is directed to you shall be delivered to the mailing address or email address you provided us at the time of Registration, or as you may update that information from time to time. Notice shall be deemed given twenty four (24) hours after email is sent or, in the case of notice sent via postal mail, three (3) business days after the date of mailing. 20. Spam Policy: HomeTo.net (the website) does NOT allow anyone to use our products or services for the purpose of sending Spam. If a member sends Spam to anyone, his or her account will be terminated. 21. ADVERTISERS: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HomeTo.net (the website) shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service. *Note by using the HomeTo.net (the website) you consent and agree to HomeTo.net痴 Privacy Policy and the Terms and Condition. |