(Last updated June 1, 2014)
FreeHomeOpinion.com's Subscription Terms and Conditions (the "Subscription Terms") are a contract between you and FreeHomeOpinion.com ("FHO"), and apply to your use of and subscription to ("Subscription") FHO's paid service (the " Service"). If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Subscription Terms. In that case, “you” and “your” will refer to that company or other legal entity. BY ACCEPTING THE SUBSCRIPTION TERMS, YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS BELOW. The Service is described at http://www.FreeHomeOpinion.com/agents, or at such other location as may be designated by FHO. You agree that FHO may change the Subscription Terms at any time by posting the revised Subscription Terms at http://www.FreeHomeOpinion.com (the “Site”) and indicating the date of the last revision at the top. FHO may, but is not obligated to, provide you with other forms of notice of such changes. However, you waive any right to specific notice of such changes, and your continued use of the Service following the posting of the changes or other notification constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Subscription Terms and applicable policies to understand the terms and conditions that apply to your use of the Service. If you do not agree to the amended terms, you must cancel your Subscription and stop using the Service.
1. Subscription Data.
(a) You will provide (i) accurate, current and complete information as may be prompted by any subscription forms or requested by FHO when you subscribe to the Service ("Subscription Data"); (ii) maintain and promptly update the Subscription Data, and other account-related information you provide to FHO, to keep it accurate, current and complete; and (iii) accept all risks of unauthorized access to the Subscription Data and other information you provide to FHO.
(b) To ensure FHO can provide high-quality services that are responsive to your needs, you understand that FHO representatives or other parties will have access to your usage information and may review and use such usage information as it determines appropriate in its sole discretion, including without limitation as reasonably needed to investigate complaints, to provide the Service to you, or for such other purposes as contemplated.
2. Your Submissions. The Service will allow you to submit certain information and materials to FHO, including, without limitation, photographic images, as part of your use of the Service ("Submissions"). Under these Subscription Terms, you agree that you will not post, place or transmit any of the following material using the Service and that your Submissions will not include any of the following material:
(a) any material that violates any Federal, state or local law rule or regulation, including without limitation, any fair housing laws, or any industry or trade group rules or regulations;
(b) any material that is false or may mislead or confuse to users of the Site or Service;
(c) any material that is threatening, defamatory, abusive, obscene, pornographic, or otherwise inappropriate,
(d) any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material, if applicable; or
(e) any material that promotes bigotry, racism, hatred or harm against any individual or group or that otherwise violates the SUbscription Terms.
3. Subscriptions; Payment. The initial term of the Subscription (the "Subscription Term"), benefits, as well as the fees and charges applicable to such Subscription (the "Subscription Fees") are set forth in your order when you purchase the Service. Subscriptions will automatically renew for additional renewal periods (as detailed in your order), at FHO's then current fees for the Service ordered unless you request cancellation at least one (1) day prior to the renewal date. You may review the Subscription information at www.FreeHomeOpinion.com/agents or www.FreeHomeOpinion.com/registration. Subscription Fees and charges and other terms and conditions applicable to the Services are subject to change by FHO at any time by posting such revisions on the Site and/or sending through email notifications to your account's email address. Such changes shall be applicable to any new Subscription Term commencing after such changes are posted on the Site. You agree to pay all Subscription Fees in U.S. Dollars and that all Subscription Fees are non-refundable. You must provide FHO with a valid credit card or other payment method approved by FHO, and you authorize FHO to automatically charge the Subscription Fees in advance or as otherwise indicated in your order for each Subscription Term to such credit card or other payment method until your Subscription is cancelled or otherwise terminated. In the event that Subscription Fees are not paid on a timely basis, including without limitation due to an invalid or expired credit card number, FHO may, in addition to any other available remedies, suspend or terminate your Subscription, and any unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Subscription Fees are exclusive of applicable taxes. You are responsible for paying (a) all taxes, government charges, and (b) reasonable costs and expenses (including collection agency and attorneys' fees and expenses) FHO incurs collecting unpaid amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (without prejudice to your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of FHO. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. Nothing in these Subscription Terms obligates FHO to extend credit to any party.
4. Subscriptions. You are solely responsible for all specifications and content you provide to FHO for the Service including (a) ad targeting locations and all ad content, ad information, and ad URLs ("Creative") whether generated by you or someone on your behalf. You are also responsible for any (b) web sites, services and landing pages which Creative links or directs viewers to.
5. Representations and Warranties. You hereby represent, warrant and covenant to FHO that:
(a) you have the full right, power and authority to enter into this Agreement;
(b) you will comply with all applicable local, state and federal laws, ordinances, regulations and orders with respect to Submissions, including without limitation the Fair Housing Act;
(c) your Submissions will not infringe upon or violate the rights of any third party and will otherwise comply with Section 2 above;
(d) all information provided by you in connection with the Services will be true and correct; and
(e) if required, you have in effect all licenses and authorizations required by all applicable authorities allowing you to act as a licensed real estate professional.
6. License and Removal of Submissions. FHO is not responsible for, and has no obligation to review, edit or comment on, the content of Submissions provided by FHO users. However, FHO reserves the right in its discretion to (i) delete, disable access to, move or edit Submissions in its sole discretion for any reason or no reason, or (ii) take any other action that FHO deems necessary relating to use or misuse of the Service, including without limitation, modifying Submissions or suspending or terminating your Subscription and/or rights to use the Service. You hereby grant to FHO a perpetual, worldwide, non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions in connection with the Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waive any such moral rights.
7. Age Requirements. You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are 18 years of age or older and that you agree to abide by all of the terms and conditions of these Subscription Terms.
8. Cancelling Your Subscription or Services, Termination. You will have the right to cancel the Service at any point by emailing cancelation@freehomeopinion.com or submitting a request through the Site at www.FreeHomeOpinion.com/contact. If you choose to do so, you recognize that it may take up to 96 hours for your advertising campaigns to be removed. Additionally, no amount that you may have prepaid for use of the Service will be refunded and cancellation will be effective at the end of the then current Subscription period. If you violate any of these Subscription Terms, FHO may, in addition to any other rights and remedies it may have, immediately suspend or terminate your Subscription to the Services without any notice or other action by FHO. In the event of such suspension or termination, no amounts that you may have prepaid for use of the Service will be refunded. Because our Service is evolving over time, FHO may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion. If FHO discontinues the Service or cancels your Subscription other than for a breach or violation of these Subscription Terms, FHO will either, at its sole option, continue to provide the Service for the remainder of your Subscription Term (up to a maximum of thirty (30) days) or refund you a prorated portion of the Subscription Fees for the current Subscription Term. Upon any termination, discontinuation or cancellation of the Services or your account, all provisions of these Subscription Terms which by their nature should survive will survive, including, but not limited to, FHO’s right to use your Submissions, ownership provisions, warranty disclaimers, limitation of liability, governing lawbnv and dispute resolution provisions.
9. Privacy Policy. Upon your subscription to the Service, you need to provide information, which may include personal information, such as your name, email address, and mailing address. Such information will be subject to FHO's Privacy Policy.
10. Indemnification. You will indemnify, defend and hold harmless FHO, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' and experts fees and expenses, resulting from (i) any violation of these Subscription Terms, including, without limitation, a breach of your representations and warranties, (ii) any activity related to access to or use of the Service by you or any person accessing the Service through you and/or (iii) any Submission you provide, including without limitation any claim that a Submission infringes or violates a third party's intellectual property or other rights.
11. Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE, IS AT YOUR SOLE RISK. FHO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ACCESSIBLE THROUGH THE SERVICES OR ON THE SITE. FHO DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE OR ACCESSIBLE THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FHO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
12. Limitation Of Liability. IN NO EVENT SHALL FHO, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SUBMISSIONS OR THE SERVICES. IN NO EVENT WILL FHO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE SUBSCRIPTION TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO FHO FOR USE OF THE SERVICES GIVING RISE TO SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FHO AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Choice Of Law, Waiver, And Claims. These Subscription Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions to the contrary. FHO's failure to exercise or enforce any right or provision of the Subscription Terms will not be deemed to be a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FHO. If any provision of these Subscription Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Subscription Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the event of any conflict between these Subscription Terms and either FHO’s Privacy Policy or Terms of Use, these Subscription Terms will control.
14. Arbitration. Any controversy or claim arising out of or relating to these Subscription Terms or the Subscription Service will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party.
15. General Terms. These Subscription Terms constitute the entire and exclusive understanding and agreement between FHO and you regarding the Service, and these Subscription Terms supersede and replace any and all prior oral or written understandings or agreements between FHO and you regarding the Service. You may not assign or transfer these Subscription Terms, by operation of law or otherwise, without FHO’s prior written consent. Any attempt by you to assign or transfer these Subscription Terms, without such consent, will be null and of no effect. FHO may freely assign or transfer these Subscription Terms without restriction. Subject to the foregoing, these Subscription Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Except as expressly set forth in these Subscription Terms, the exercise by either party of any of its remedies under these Subscription Terms will be without prejudice to its other remedies under these Terms or otherwise.