The HomeExchange24.com Web Site (the "Site") is provided by HomeExchange24.com ("HomeExchange24” or " HomeExchange24.com") to you ("you" or "User") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the HomeExchange24 Web Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to this, you may not access or otherwise use the Site.
Modification of These Terms of Use
HomeExchange24 may, in its sole discretion, change, add, or remove any portion of this Agreement, at any time, by posting a new Agreement to the Site, including, but not limited to, the charges associated with the use of the HomeExchange24 Web Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changed Agreement.
HomeExchange24.com is Only a Venue
The Site is only a venue for registered Users to conduct their business. HomeExchange24 is not involved in the actual transactions and therefore, has no control over the quality, safety or legality of the advertised properties, and the truth or accuracy of the listings. HomeExchange24 does not qualify or confirm the identity of any User. There may be risks dealing with foreign nationals, underage persons or people acting under false pretense. Appearance on the Site is not an indication of creditworthiness, trustworthiness, or acceptability. Because HomeExchange24 is not and can not be involved in dealings between Users, in the event that you have a dispute with another User, you hereby release HomeExchange24, its directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Modifications to the Site
HomeExchange24 reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. HomeExchange24 may impose limits on certain features of the Site or restrict your access to part or all of the Site or the Site without notice or penalty.
User Registration
The Site is available to individuals and businesses that can form legally binding contracts under applicable law. Upon your acceptance of this Agreement, your completed Registration Form shall be submitted to HomeExchange24. HomeExchange24 reserves the right to disapprove your registration or terminate your use of the Site for any reason at any time, in its sole discretion.
User Information
In the course of your use of the Site, you will provide certain information to HomeExchange24 or other Users during the registration, selling, posting, offering or buying process, in any public message or through any email feature (such information collectively is referred to hereinafter as "User Information"). You agree that (1) all User Information shall be current, complete, and accurate when provided; (2) you are solely responsible for maintaining and updating User Information as necessary to keep it current, complete and accurate and; (3) you, and not HomeExchange24, are making any and all representations and warranties set forth in any User Information. HomeExchange24 use of any User Information you provide shall be governed by the Privacy Policy. You hereby grant to HomeExchange24 a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use the User Information, including any copyrights, publicity rights or any other proprietary rights you have in the User Information, in any media now known or unknown, for any purpose in connection with the provision of the Site.
Links to Third Party Sites
The HomeExchange24 Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of HomeExchange24 and HomeExchange24 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HomeExchange24 is not responsible for web casting or any other form of transmission received from any Linked Site. HomeExchange24 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HomeExchange24 of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the HomeExchange24 Web Site, you warrant to HomeExchange24 that you will not use the HomeExchange24 Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HomeExchange24 Web Site in any manner which could damage, disable, overburden, or impair the HomeExchange24 Web Site or interfere with any other party’s use and enjoyment of the HomeExchange24 Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HomeExchange24 Web Site.
User Conduct
The HomeExchange24 Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Violate any applicable laws or regulations.
HomeExchange24 has no obligation to monitor the Communication Services. However, HomeExchange24 reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HomeExchange24 reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
HomeExchange24 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HomeExchange24’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HomeExchange24 does not control or endorse the content, messages or information found in any Communication Service and, therefore, HomeExchange24 specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HomeExchange24 spokespersons, and their views do not necessarily reflect those of HomeExchange24.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Monitoring
You agree that HomeExchange24 has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content, including but not limited to User Information and Listing Details anywhere on the Site, including but not limited to chat rooms, bulletin boards, email and other forums. Notwithstanding this right, HomeExchange24 does not and cannot review all materials posted to the Site by Users and HomeExchange24 is not responsible for any such materials posted by Users.
Materials Provided to, or Posted at HomeExchange24 Site
HomeExchange24 does not claim ownership of the materials you provide to HomeExchange24 (including feedback and suggestions) or post, upload, input or submit to HomeExchange24 Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HomeExchange24 permission to use your Submission in connection with the operation of the Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. HomeExchange24 is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HomeExchange24’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HomeExchange24 WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HomeExchange24 AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HomeExchange24 WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE HomeExchange24 WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HomeExchange24 AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HomeExchange24 WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HomeExchange24 AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HomeExchange24 BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HomeExchange24 WEB SITE, WITH THE DELAY OR INABILITY TO USE THE HomeExchange24 WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HomeExchange24 WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HomeExchange24 WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HomeExchange24 HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HomeExchange24 WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HomeExchange24 WEB SITE.
Termination
This Agreement constitutes a binding agreement between you and HomeExchange24 until terminated by you or HomeExchange24, which HomeExchange24 may do at any time, without notice, in HomeExchange24' sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.
Choice of Law; Dispute Resolution
This Agreement shall be governed by and in accordance with the laws of The Province of British Columbia,Canada, without regard to conflicts of laws provisions. Any controversy involving HomeExchange24 arising from or in any way related to this Agreement or your use of the Site shall be heard in the appropriate court in The Province of British Columbia, Canada and you irrevocably consent to the jurisdiction of such courts.
Notices And Disclosures
Except as explicitly stated otherwise, any notices shall be given by email to, in the case of HomeExchange24, office@HomeExchange24.com, or, in the case of a User to either: (1) the email address you provide to HomeExchange24 during the registration process, (2) the mailing address provided to HomeExchange24 during the registration process, or (3) such other address as you may specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or, in the case of mailing, three (3) days after the date of mailing.
General Provisions
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. The failure by either you or HomeExchange24 to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Agreement comprises the entire agreement between you and HomeExchange24 and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in this Agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.
