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WWW.AnyTownNewHomeDeals.com
DISCLAIMER AND TERMS OF SERVICE AGREEMENT
DISCLAIMER
This website is made available
for use by people and companies interested in real
estate, to provide an Internet facility through which to
facilitate and optimize new home searches and
transactions.
This is not intended to be a
general public interest facility. If you are not a
person/company with a serious interest in this subject,
the owner/manager of this site disclaims any duty to
consider your rights or interests in any context
whatsoever.
If you are a person/company for
whom/which this site is intended, you need to remember
that site management does not monitor what may be stated
here for content or manner of expression. While we would
hope that users would conduct their business on this
site in a proper fashion, we will not restrict the scope
of expression used by anyone. We will, however, remove
any link or right of access of any company or person who
uses the site in an improper manner, as determined in
our sole and absolute discretion.
Statements made on this site are
solely the statements of those who make them. Site
management will not and does not accept any
responsibility or obligation relating to any statements
made or actions taken. Although, as you will see in the
text of the TOS agreement that you must accept
prior to being allowed to use the site for any purpose,
we may restrict or prohibit your use for any reason we
choose, even if totally arbitrary and unfair, we are not
obligated to do so.
Material on this site is not vetted
for accuracy or reliability, no matter the source of the
material. Even our own statements are not guaranteed to
be accurate, complete or reliable. There is always the
possibility that factors not taken into account may make
any statement inappropriate for application in any given
situation. Events can change the context of any
statement. If you take any action based upon any
experience using this site, you do so entirely at your
own risk. It will be extremely important to you to do
your own due diligence before taking any action based on
any material on this site.
ROI Internet Marketing, Inc. is not responsible for and makes no
guarantee regarding the number and quality of Web Site
Users visiting AnyTownNewHomeDeals.com.
Use of Database
and Services
Before you use this site please be advised that a local
licensee, a builder, a mortgage and/or a real estate company, may
be receiving the information inputted on the account
registration forms and on the forms on the following
links to contact as a potential home buyer lead: Our
Best Deals/Financing the Best Deal/Search for a Great
Deal on a New Home. Also be advised that Advertisers for
Lenders, Movers, Insurance, Home Inspectors, and Pool
Companies will receive the information inputted on the
forms on these links. Any business you may choose to do
with these advertisers is done at your own risk.
Before you divulge any private information to any
company or person on this site or linked to this site or
that may advertise on this site, you must first make
certain that the facility through which you are
providing the information is a secure facility. Also,
before giving out any such information, you should also
take steps to verify that the person or company to whom
you are giving the information really is who they say
they are.
Warning:
AnyTownNewHomeDeals.com forbids you to copy any data from
another website onto AnyTownNewHomeDeals.com and requests
that you enter original data information only.
Please be advised that when you add a home to
AnyTownNewHomeDeals.com:
-
You are not allowed to add another Realtor's
Listing to this website without the written
permission from the Listing Agent on file with New
Home Deal Marketing Concepts, Inc.
-
You are not allowed to add Builders Names or Logos to this website
-
You are not allowed to add a Re-Sale Home or a
Seller's Listing to this website.
-
You are not allowed to any false or misleading
statements to this website about any information
regarding anything
-
You are not allowed to add any names, telephone
numbers, or e-mail addresses in the description or
incentives section of a listing on this website
All
information on this website including but not limited to
links, database, programming, domain name, are the intellectual
property of ROI Internet Marketing, Inc. While
New Home Deal Marketing Concepts, Inc. owns the
information and intellectual property on this website,
it is not liable or responsible for the content or its
accuracy. It is the User's responsibility to determine
if the information provided by Licensees and Advertisers
on this website is accurate. This website is owned and
operated by New Home Deal Marketing Concepts, Inc.
If you have any concerns about
anything that appears on this site, you may address your
comments and questions to the following people:
*****
SITE OWNER – ROI Internet
Marketing, Inc. , 770 Ih-35 N. #736 New Braunfels, Texas
78130. The contact person is David Townsend @ 888-283-3083.
SITE LICENSEE - Licensees Business
Contact Information
SITE MANAGEMENT – The Texas Network, 507 North Sam Houston Fwy, E., Houston,
Texas
77060.
www.texasnetwork.com
DIGITAL MILLENNIUM COPYRIGHT NOTICE
We respect the intellectual
property rights of others, and we ask our users to do
the same. We may at our discretion disable and/or
terminate the accounts of users who present any problems
or issues involving possible infringement of the
intellectual property rights of others, in addition to
our other and totally discretionary right to terminate
access to any user for any reason or for no reason at
all.
If you believe that your work has
been copied in a way that constitutes copyright
infringement, or that your intellectual property rights
have been otherwise violated, please provide us the
following information:
An electronic or physical signature
of the person authorized to act on behalf of the owner
of the copyright or other intellectual property
interest.
A description of the copyrighted
work or other intellectual property that you claim has
been infringed.
A description of where the material
that you claim is infringing may be located on the site.
Your address, telephone number and
e-mail address.
A statement by you that you have a
good faith belief that the disputed use is not
authorized by the copyright or intellectual property
owner, its agent or the law.
A statement by you, made under
penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright or
intellectual property owner or that you are authorized
to act on the copyright or intellectual property owner’s
behalf.
All requests to use any material
that appears on the site are to be addressed to the
Site Owner.
TERMS OF SERVICE
IT IS VERY IMPORTANT THAT YOU
READ AND UNDERSTAND THESE TERMS BY WHICH YOU ARE
PERMITTED TO USE THIS SITE. THEY BIND YOU BECAUSE YOU
MUST ACCEPT THEM IN ORDER TO USE THE SITE, WHETHER YOU
CHOOSE TO READ THEM OR NOT.
ACCEPTANCE OF TERMS
Your access to and use of this site
is subject to the terms and conditions of this
agreement. We may change the terms of this agreement at
any time and in any manner, without any notice to you.
Every change will be binding upon every user immediately
upon its publication on the site. It will be your
responsibility to return periodically to the TOS
agreement text and keep yourself apprised of all
changes. In addition to this agreement, we may adopt and
post regulations that will be binding upon every user as
of the date when they are posted. Every change in the
site itself will immediately be subject to the terms of
this agreement in its then current form. You take
this site “as is”. There will be no liability on the
part of the owner or managers for errors, omissions,
deletions or misdirection of any kind. The owner may
impose charges for access to the site and deny access to
anyone who has not fully paid the charges imposed. The
site may be discontinued at any time at the sole and
absolute discretion of the owner. Interruptions in
service will not ever become grounds for any claim for
loss or injury. Your use of this site is not compulsory,
and your only remedy for any site event with which you
are displeased is for you to cease using the site.
REGISTRATION, PRIVACY, SECURITY AND CONDUCT
You agree to provide such
information as may be required as a condition to your
access to the site, and you warrant that such
information is complete and accurate as of the day you
provide it. If you ever provide any false or misleading
information, your access to the site may be terminated
instantly and without notice, statement of cause or
opportunity to cure the defect. You may also be liable
for any injury or claim that may arise as a consequence
of such information. We will not guaranty or even
represent that your information will be kept secret or
confidential, and we will not be liable for its
disclosure under any circumstances. We may without any
liability actively divulge any information about you or
that you post on the site if we deem it appropriate
under any circumstances whatsoever. You are to assume
that anything you post on this site is public
information. The only exception to that rule will be
that your private information will be protected to the
extent of any privacy protocols of any facility that
links to this site with whom you may deal on some matter
that includes the need to share private and confidential
information. The degree of protection provided by such
facilities is entirely a matter between you and the
facility you are doing business with. You will conduct
yourself at all times as though you were in a public
place where anyone can see, hear and record anything you
do or say.
You agree that all information that
you provide or publish on this site will be provided in
good faith, and that you will not utter or publish any
false, misleading, profane, slanderous, or libelous,
inflammatory or otherwise objectionable material on this
site. Any such information will at all times be lawful
information that you have the right to use and to
publicize without infringing upon the intellectual
property or other rights of any other person or entity.
You will not, in connection with your use of this site,
violate any law, statute or regulation, whether
national, state, local, foreign or international. You
will not stalk any other person in your use of this
site. You will not collect or store personal data about
other users of this site. You agree to hold us
harmless and indemnify us if we are claimed against by
reason of anything said or done by you on this site,
including all expenses that we may incur in connection
with any investigation and defense costs, and attorney
fees. You agree that you will not engage in any
unlawful or tortuous conduct in connection with your use
of this site and that you will not commit any act
calculated to disrupt or interfere with the smooth
functioning of the site.
We may use any information that you
provide in any manner of our choosing without any
requirement to obtain specific consent from you for such
use. Any content that you post or publish upon this site
will thereupon be available for our use in any manner or
context without liability or obligation to you of any
kind or amount.
LINKS
From time to time there may be
links on this site to other sites or facilities. We
specifically disclaim any responsibility for the content
or reliability or accuracy of any information contained
on any other link or facility. We do not endorse or
sponsor any other site or facility, whether or not
linked to this site. We do not verify any claim,
advertising, product or service quality that you may
find there, nor do we know whether any such information
is true or false. If you choose to conduct any business
or engage in any activity on or with any linked site or
facility, you do so at your own risk, and we are not
liable or responsible for any loss, claim or injury that
you may incur in any such activity. Before you give out
any private information, it is your responsibility to
make sure that the requesting facility is a secure one,
and verify that the requesting facility really is who
they say they are.
ADVERTISERS
If from time to time we chose to
allow any advertising on this site, and you choose to do
any business with them, your dealings with them are
strictly between you and the advertiser. We do not
guarantee or vouch for any advertising or for any
product or service that may be advertised or offered by
any third party. If we receive consideration in
connection for any such advertising, we will not
disclose the fact that we have been paid, and such
payment will not give rise to any duty on our part to
you. You will make no claim against us for or on account
of any loss, damage or injury incurred by you in the
course of or in connection with your dealings with any
such advertiser, and you will hold us harmless and
indemnify us from and against any such loss, claim or
injury, including expenses incurred in defending against
the same and associated attorney fees.
OWNER’S RIGHTS
This site and its content are the
sole and exclusive property of the owner. The owner may
use it in any manner of the owner’s choosing without
your consent and without notice to you, and may
terminate, limit or interrupt your access to the site at
any time without notice. You hereby waive any and all
right and all claim for any injury or inconvenience,
including all remedies for damages or injunctive relief
on account of any act of or by the owner regarding this
site or its use. You agree that there can be no dispute
with the owner about this site for the reason that you
acknowledge that you have no ownership or other rights
to it or to gain access to it.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT:
YOUR USE OF THIS WEB SITE
FACILITY AND SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (1) THE
SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF
ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS; AND (5) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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.
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH
THIS SITE OR SERVICE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THIS TERMS OF SERVICE AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (1) THE USE
OR THE INABILITY TO USE THE SITE OR SERVICE; (2) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR
SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER
RELATING TO THE SITE OR THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES
RELATING TO FINANCIAL MATTERS
If you intend to create or join any
service, receive or request any news messages, alerts or
other information from or through this site or this
service, including, without limitation, conversations
with other people concerning companies, stock quotes,
investments or securities, please read the DISCLAIMER
OF WARRANTIES and LIMITATION OF LIABILITY
sections again. They go doubly for you. In addition, for
this type of information particularly, the phrase “Let
the investor beware” is apt. This site and its services
are provided for information purposes only, and no
content is intended for trading or investing purposes.
We will not be responsible or liable for the accuracy,
usefulness or availability of any information
transmitted or made available via this site or this
service, and will not be responsible or liable for any
trading or investment decisions made based on such
information.
NOTICES
Notices to you may be made via
email or regular mail, by fax or by any other means at
our disposal, in our total and absolute discretion. We
may or may not post on the site any notices of changes
in the terms of this Terms of Service agreement, and it
will be up to you to revisit the agreement from time to
time to keep yourself apprised of its then current
terms.
INTELLECTUAL PROPERTY INFORMATION
You agree to treat all material on
this site as protected by the intellectual property
rights of us or of others. You will not make any use of
anything on this site, for any purpose, without first
obtaining our written consent. All requests for such
consent should be sent to our legal counsel who is
identified above.
ENTIRETIES AND OTHER GENERAL
INFORMATION REGARDING ENFORCEMENT OF THIS AGREEMENT
This TOS constitutes the entire
agreement between you and the owners and managers of
this site governing your use and access to the site,
superseding any prior agreements or discussions relating
thereto. To the extent that any linked or affiliated
services become available on or through this site, you
may also be subject to the terms of service upon which
such material may be used or accessed.
This agreement will go into force
and be performed in whole or in part in the State of
Texas, and will be construed and governed in accordance
with the laws of the State of Texas.
DISPUTE RESOLUTION
In the event of any dispute
concerning any aspect of any matter contemplated by this
agreement, the dispute will be submitted to binding
arbitration, pursuant to the Federal Arbitration Act,
before the American Arbitration Association, pursuant to
its Commercial Rules, at its offices located in Houston,
Texas. The site owner may, notwithstanding this
arbitration provision, have resort to any court of
competent jurisdiction to seek injunctive relief deemed
by the site owner in its sole and absolute discretion to
be appropriate for the protection of the site and/or its
ownership interests in it. The prevailing party in any
of such proceedings, arbitration and litigation, will be
entitled to recover, in addition to any other relief,
its expenses incurred in connection with the proceeding
and its enforcement, including its attorney fees. The
arbitral award will not include any exemplary or
punitive damages, or any damages for emotional injury or
pain and suffering, and will be final and not subject to
appeal. It may be confirmed and enforced in any court of
competent jurisdiction.
Regardless of any statute or law of
any state to the contrary, any claim or cause of action
that may arise out of or in connection with any matter
contemplated by this agreement must be actually filed in
the appropriate court within one year from the date when
such claim or cause of action first arose, or be forever
barred. |
