TO ENSURE A SAFE ENVIRONMENT FOR ALL VISITORS OF WWW.GOHBD.COM, WE HAVE ESTABLISHED THESE TERMS OF USE. PLEASE TAKE THE TIME TO CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE CONTINUING WITH YOUR USE OF THIS WEBSITE. BY USING WWW.GOHBD.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF USE, PLEASE REFRAIN FROM USING OUR WEBSITE.
Terms Of Use
- MEMBERSHIP - THE USER MUST BE AT LEAST 18 YEARS OF AGE TO BECOME A MEMBER.
- PRIVACY – INFORMATION COLLECTED BY HOMEBUY DIRECT REGARDING THE CLIENT IS SUBJECT TO OUR PRIVACY POLICY. FOR MORE INFORMATION, PLEASE REFER TO THE FULL PRIVACY POLICY, WHICH CAN BE FOUND AT HTTP://WWW.GOHBD.COM/PRIVACY. IN ADDITION, USER AGREES TO COMPLY WITH THE PRIVACY POLICY, WHICH IS DEEMED TO BE INCORPORATED INTO THE TERMS OF USE.
- USE OF WEBSITE – USERS AGREE TO THE FOLLOWING:
USER MUST BE A PROSPECTIVE PURCHASER OR SELLER OF REAL PROPERTY IN THE LOCATION/GEOGRAPHICAL AREA WHERE HOMEBUY DIRECT IS LICENSED AND OPERATING AND MUST HAVE A BONAFIDE INTEREST IN THE PURCHASE OR SALE OF SUCH REAL PROPERTY. USER MUST PROVIDE TRUE, ACCURATE AND CURRENT INFORMATION AND MAINTAIN AND UPDATE REGULARLY THIS INFORMATION. BY BECOMING A MEMBER, USER CONSENTS TO RECEIVE PERSONALIZED E-MAILS, MAILINGS, TELEPHONE CALLS/AND OR FACSIMILES FROM HOMEBUY DIRECT AND/OR ITS AFFILLIATES. ANY USER WHO HOLDS A CURRENT REAL ESTATE LICENSE INCLUDING, BUT NOT LIMITED TO, BROKERS, ASSOCIATE BROKERS OR SALES PEOPLE, MUST PROMPTLY NOTIFY HOMEBUY DIRECT PRIOR TO BECOMING A MEMBER AND ACCESSING ANY PASSWORD PROTECTED MATERIAL. SUCH NOTICE SHALL BE SENT TO: HOMEBUY DIRECT, (EMAIL). HOMEBUY DIRECT RESERVES THE RIGHT TO TERMINATE OR DENY ACCESS TO THIS WEBSITE TO ANY INDIVIDUAL AT ITS SOLE DISCRETION WITHOUT NOTICE.
- MEMBER AGREEMENTS – MEMBERS AGREE TO THE FOLLOWING:
MEMBER AGREES THAT HE/SHE WILL NOT CONTACT THE SELLER/OWNER OF ANY PROPERTY BY INFORMATION OBTAINED THROUGH OUR WEBSITE. MEMBER AGREES NOT TO ATTEMPT TO ENTER THE PROPERTY OR SPEAK WITH THE SELLER/OWNER WITHOUT A PRIOR APPOINTMENT SCHEDULED BY YOUR HOMEBUY DIRECT REPRESENTITIVE/AGENT. MEMBER AGREES THAT HIS/HER HOMEBUY DIRECT BROKER MAY ALSO REPRESENT OTHER PROSPECTIVE PURCHASERS SEEKING TO PURCHASE PROPERTIES THAT MAY MEET MEMBER’S SEARCH CRITERIA. MEMBER AGREES THAT HE/SHE HAS NOT SIGNED/ENTERED INTO ANY AGREEMENT WITH ANOTHER REAL ESTATE BROKER OR AGENT WHICH MAY PREVENT MEMBER FROM USING HOMEBUY DIRECT’S BROKER AS HIS/ HER EXCLUSIVE AGENT. THIS SITE OR ANY PORTION OF THIS SITE MAY NOT BE REPRODUCED, DUPLICATED, COPIED, SOLD, RESOLD, VISITED, OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL PURPOSE WITHOUT EXPRESS WRITTEN CONSENT OF HOMEBUY DIRECT. MEMBER AGREES TO HONOR/ABIDE BY ALL COPYRIGHT RESTRICTIONS PLACED ON THE CONTENT OF THE HOMEBUY DIRECT WEBSITE. MEMBER MAY NOT SELL OR USE THE DATA OBTAINED FROM THE HOMEBUY DIRECT WEBSITE. ALL INFORMATION OBTAINED IS FOR PERSONAL USE ONLY AND CANNOT BE REDISTRIBUTED. MEMBER ACKNOWLEGES THAT THE MULTIPLE LISTING SERVICE, MLS, WHICH SUPPLIES THE LISTING DATA OWNS SUCH DATA AND MEMBER ACKNOWLEDGES THE VALIDITY OF THE MLS’S COPYRIGHT TO SAID DATA. ANY UNAUTHORIZED USE OF THIS WEBSITE MAY TERMINATE THE PERMISSION OR LICENSE GRANTED BY HOMEBUY DIRECT.
- TERMINATION – HOMEBUY DIRECT RESERVES THE RIGHT TO TERMINATE USER AND/OR MEMBER ACCESS TO THE WEBSITE FOR THE FOLLOWING: BREACH OF ONE OR MORE TERMS OF USE AS DESCRIBED HEREIN, PROFANITY, VULGARITY, THREATENING, OFFENSIVE, UNLAWFUL, DEFAMATORY, INVASIVE, ABUSIVE, HARASSING, HARMFUL, OBSCENITY OF ANY TYPE OF OBJECTIONABLE BEHAVIOR/LANGUAGE OR CONDUCT VIA PHONE CONVERSATION, E-MAIL, WRITING, AND FACSIMILE. HOMEBUY DIRECT ADDITIONALLY RESERVES THE RIGHT TO REFUSE TO DO BUSINESS WITH ANY PERSON IN HOMEBUY DIRECT’S SOLE DISCRETION, WITHOUT NOTICE, CONSISTENT WITH STATE AND FEDERAL FAIR HOUSING AND OTHER LAWS.
- COPYRIGHT NOTICE - THE MATERIALS PROVIDED THROUGH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ALL INFORMATION, TEXT, IMAGES, PHOTOS, ILLUSTRATIONS, DESIGNS, ICONS, FILES, TRADEMARKS, COPYRIGHTED MATERIAL, SPECIFICATIONS, CATALOGS, TECHNICAL INFORMATION, ADVERTISEMENTS, AND OTHER CONTENT OR MATERIALS ON THE WEBSITE, AS WELL AS THE ORGANIZATION AND LAYOUT OF THE WEBSITE, ARE COPYRIGHTED AND ARE PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT LAWS AND TREATY PROVISIONS. USER MAY DOWNLOAD, VIEW AND PRINT COPIES OF MATERIALS ON THE WEBSITE, SOLELY FOR HIS/HER PERSONAL AND NON-COMMERCIAL PURPOSES, SUBJECT TO THE RESTRICTIONS SET FORTH IN THE TERMS OF USE. ALL RIGHT, TITLE, AND INTEREST IN AND TO THE WEBSITE AND ANY OTHER CONTENT APPEARING ON THE WEBSITE, WILL REMAIN THE EXCLUSIVE PROPERTY OF HOMEBUY DIRECT AND ITS LICENSORS. EXCEPT AS EXPRESSLY PERMITTED IN THE TERMS OF USE, USER MAY NOT REPRODUCE, MODIFY OR PREPARE DERIVATIVE WORKS BASED UPON, DISTRIBUTE, SELL, TRANSFER, PUBLICLY DISPLAY, PUBLICLY PERFORM, TRANSMIT, OR OTHERWISE USE THE WEBSITE, OR ANY OTHER CONTENT APPEARING ON THE WEBSITE.
- NO WARRANTY - HOMEBUY DIRECT DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF OR UNINTERRUPTED ACCESS TO INFORMATION, PRODUCTS OR SERVICES; AND (B) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS OR, ALTERATION OF OR USE OF RECORD IN CONNECTION WITH THE USE OR OPERATION OF THIS SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
- LIMITATION OF LIABILITY - TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HOMEBUY DIRECT NOR ANY OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO MEMBER, USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THIS SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF HOMEBUY DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- DISCLOSURES –
(A) FOR REFERRALS TO OTHER BROKERS/AGENTS - HOMEBUY DIRECT DOES NOT GUARANTEE OR WARRANT THE SERVICES PROVIDED BY REAL ESTATE BROKERS/AGENTS THAT HOMEBUY DIRECT REFERS TO USER. EACH USER MUST INDEPENDENTLY VERIFY THE QUALITY AND EXPERIENCE OF EACH REAL ESTATE BROKER/AGENT THAT HE/SHE CHOOSES TO HIRE. THE COMMISSIONS PAID ARE SUBJECT TO THE AGREEMENT BETWEEN THE INDIVIDUAL USER AND THE BROKER RECEIVING THE REFERRAL AND MAY BE NEGOTIATED BETWEEN THE PARTIES.
(B) FOR REFERRALS TO OTHER SERVICE PROVIDERS - HOMEBUY DIRECT DOES NOT GUARANTEE OR WARRANT THE PRODUCTS OR SERVICES OF OTHER PRODUCT OR SERVICE PROVIDERS THAT HOMEBUY DIRECT, ITS EMPLOYEES OR AGENTS REFERS TO USER, INCLUDING, BUT NOT LIMITED TO, THROUGH ITS WEBSITE. ANY REFERRAL TO OTHER PRODUCT OR SERVICE PROVIDERS IS FOR INFORMATIONAL PURPOSES ONLY. USER MAY SELECT ANY PRODUCT SERVICE PROVIDER OF HIS/HER CHOOSING. PRODUCT AND SERVICE PROVIDERS MAY VARY IN COST, QUALITY, EXPERIENCE, AVAILABILITY, RESPONSIVENESS AND OTHER FACTORS. USER IS ADVISED TO EXERCISE CARE IN THE SELECTION OF PRODUCT OR SERVICE PROVIDER.
(C) AFFILIATED BUSINESS ARRANGEMENT - HOMEBUY DIRECT DISCLOSES THAT ONE OR MORE OF THE SETTLEMENT SERVICE PROVIDERS THAT HOMEBUY DIRECT REFERS TO USER THROUGH ITS WEBSITE IS OWNED AND OPERATED BY DAVID MARTIN, MANAGER OF ONLINE REALTY SYSTEMS, LLC (D/B/A HOMEBUY DIRECT). USER ACKNOWLEDGES THAT HOMEBUY DIRECT’S REFERRAL MAY PROVIDE DAVID MARTIN A FINANCIAL OR OTHER BENEFIT. USER IS NOT REQUIRED TO USE THE REFERRED PROVIDER AS A CONDITION FOR SETTLEMENT OF HIS/HER LOAN OR PURCHASE/SALE OF THE SUBJECT PROPERTY. THERE ARE OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. USER IS FREE TO SHOP AROUND TO DETERMINE THAT HE/SHE IS RECEIVING THE BEST SERVICES AND THE BEST RATE FOR SERVICES.
- INDEMNIFICATION - BY USING THE WEBSITE, USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOMEBUY DIRECT, ITS OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF USER’S USE OF THE WEBSITE, USER’S VIOLATION OF THE TERMS OF USE, OR USER’S VIOLATION OF ANY RIGHTS OF ANOTHER.
- GOVERNING LAW - THE TERMS OF USE IS GOVERNED BY, CONSTRUED AND ENFORCED UNDER THE LAWS OF THE COMMONWEALTH OF VIRGINIA.
- AMENDMENT - HOMEBUY DIRECT RESERVES THE RIGHT TO AMEND THE TERMS OF USE AT ANY TIME AT ITS SOLE DISCRETION, WITHOUT NOTICE TO USER AND/OR MEMBER. HOMEBUY DIRECT MAY REVISE THE TERMS OF USE AT ANY TIME BY UPDATING THIS WEB POSTING. USE BY THE USER AND/OR MEMBER SUBSEQUENT TO ANY SUCH CHANGE CONSTITUTES HIS/HER AGREEMENT TO BE BOUND BY THE TERMS OF USE AS AMENDED.
- ENTIRE AGREEMENT – THE TERMS OF USE AND THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE) CONSTITUTE THE ENTIRE AGREEMENT BETWEEN USER AND/OR MEMBER AND HOMEBUY DIRECT, AND NO STATEMENT, PROMISE, REPRESENTATION OR MODIFICATION HEREOF BY ANY PERSON, WHETHER ORAL OR WRITTEN, SHALL BE BINDING UPON ANY PARTY.
- CONSUMER-BROKER RELATIONSHIP - BY CONSENTING TO THIS AGREEMENT, MEMBER ACKNOWLEDGES ENTERING INTO A LAWFUL CONSUMER-BROKER RELATIONSHIP AS MAY BE DEFINED UNDER APPLICABLE STATE LAW. UNDER THE LAWS OF THE COMMONWEALTH OF VIRGINIA, A REAL ESTATE BROKER/AGENT MAY ACT AS A LIMITED SERVICE REPRESENTATIVE PURSUANT TO A WRITTEN BROKERAGE AGREEMENT IN WHICH THE BROKER/AGENT DISCLOSES THAT HE/SHE IS ACTING AS SUCH, PROVIDES A LIST OF THE SPECIFIC SERVICES THAT HE/SHE WILL PROVIDE TO CLIENT, AND PROVIDES A LIST OF SPECIFIC DUTIES OF A STANDARD REAL ESTATE BROKER/AGENT THAT HE/SHE WILL NOT PROVIDE TO CLIENT.
- AGREEMENT TO TERMS - BY USING THE WEBSITE, USER ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT AND AGREES WITH THE TERMS AND CONDITIONS SET FORTH HEREIN.
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