TERMS OF SERVICE
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using TweenerHomes.com, you agree to comply with and be bound by these Terms of Service.
The Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you (hereafter referred to as “you,” “your,” or “user”) and Tweener Homes, Inc. (hereafter referred to as “Tweener,” “we,” “us,” or “our”) governing your access to and use of TweenerHomes.com, including any subdomains thereof, and any sites through which Tweener Homes makes its services available (collectively the “Site”).
You agree that you are responsible for, and agree to abide by, all laws, rules and regulations applicable to the use of the Site, your use of any tool, service or product offered on the Site and any transaction you may enter into on the Site or in connection with your use of the Site.
YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR AND AGREE TO ABIDE BY ALL LAWS, RULES AND REGULATIONS APPLICABLE TO THE ADVERTISEMENT OF PROPERTY, AND THE CONDUCT OF BUSINESS, INCLUDING BUT NOT LIMITED TO TAXES, PERMIT OR LICENSE REQUIREMENTS, ZONING ORDINANCES, SAFETY COMPLIANCE, BUILDING CODES, COMPLIANCE WITH ALL ANTI-DISCRIMINATION AND FAIR HOUSING LAWS AND OTHER LAWS AND REGULATIONS, AS APPLICABLE, AS WELL AS ANY APPLICABLE CONDOMINIUM OR HOMEOWNER ASSOCIATION RULES AND REGULATIONS. Please be aware that, even though we are not a party to any transaction and assume no liability for legal compliance pertaining to Rental Rights or Properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
1. The Site IS ONLY A VENUE.
The Site is an online real estate advertising and information service platform. The real estate property information and homes presented for sale or for rent (Listing Data) on the Site (including, without limitation, square footage, price, and availability) are provided through feeds of multiple listing services (MLS) or through software API from various sources. Best efforts are conducted by us to ensure listing data integrity and accuracy. All listing data provided to us is updated daily and NEVER re-syndicated to 3rd party sites. While listing information is deemed reliable, it is not guaranteed and should be independently verified.
While we allow users through the site to submit requests for additional information on Properties listed on our site, Tweener is not a licensed real estate brokerage, seller or lender and do not represent, nor are otherwise involved, in any transaction. Users, who make such requests, agree to supply us with information about them and the property they are interested in, and hereby permit collected information to be shared with listing agents or listing companies for follow up.
2. Limited License to Use the Site.
You are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising Properties, researching Properties, viewing or making legitimate inquiries regarding obtaining Property information for personal use, all in accordance with these Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
3. Unauthorized Uses of the Site.
The license to use the Site only extends to the uses expressly described herein. The license to use the Site granted to Users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or other similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engines" do not include a site or search engine or other service that provides classified listings for rental or for sale, or any subset of the same or which is in the business of providing rental, for sale properties or other services that compete with us.
Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:
- Any commercial use (other than by Users in good standing;
- Any use of the Site or the tools and services on the Site for the purpose of soliciting business other than that which is listed;
- Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;
- Reproduce any portion of the Site on your site or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Deep-link to any portion of the Site without our express written permission;
- Modify, translate into any language or computer language, or create derivative works from any content or any part of the Site;
- Reverse engineer any part of the Site;
- Create a new or modify an existing site or offline business that would compete with the Site in such a way as to confuse Users;
- Transact or attempt to transact business with another User or former User offline;
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
- Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;
- Use the Site other than to advertise and/or research property for sale or rent and to make legitimate inquiries to the listing agent or listing company;
- Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
- Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
- Use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site, or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our Users.
If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us using the information in Section 22. “Contact Us and Notice” below.
4. Proprietary Rights and Downloading of Information from the Site.
The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. The text, files, images, photos, maps and other materials on the Site (collectively, “Content”) are only for your personal use. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any Content on the Site. Copying, storing or otherwise accessing the Site or any Content on the Site for any use other than approved herein is expressly prohibited without prior written permission from us. As part of the due diligence process, for your own use and not for further distribution, you may download, display, and/or print one (1) copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.
6. Data Transmittal.
Each User acknowledges and agrees that, regardless of such User's physical location, we may store and process any data transmitted to the Site from such User at locations both within and outside of the United States. If you use any of our tools that we may from time to time offer that integrate in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such third party website is collected, stored, used, and otherwise handled.
7. Identity Verification.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each User's purported identity. We encourage you to communicate directly with other Users through the tools available on the Site, though this does not assure you of the identity of the person or organization with which you are communicating.
It is the sole responsibility of each User to maintain the confidentiality of the User’s password and User ID. If you believe that your account, User ID or password have been compromised or has been disclosed to unauthorized persons, it is the User’s responsibility to notify us immediately and update your account to select a new User ID and/or password. EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER TWEENER HOMES NOR THE SITE WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER'S PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR TWEENERHOMES.COM ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH TWEENERHOMES.COM AND OTHER USERS.
We reserve the right, without notice to you, to suspend or cancel your listing or account at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
8. Limitations on Communications and Use of Other Users' Information; No Spam.
You agree that, with respect to other Users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other User related to the purpose of the Site. Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent. In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another User to any third party without both our consent and the consent of the other User. You agree that other Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other Users' personal information with the same degree of care that you protect your own confidential information (using at a minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site User, to your mailing list (email or physical mail) without the User's express consent.
You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.
9. Responsibility for Property Listings, Reviews and Other User Contributed Content; Participation in Interactive Forums.
We do not and cannot review all content posted to the Site by Users who may have posted on the Site. We are also not responsible for any materials posted by such Users. All property listings on the Site are submitted through integrations of MLS or other software APIs and are the responsibility of the listing agent/broker or property manager, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, photographs, property reviews, testimonials, or any alleged breaches of contract on User’s part. If you are a User, by accepting these Terms, you agree to indemnify and hold Tweener Homes and the Site harmless against all costs, expenses and losses arising out of a claim relating to the content of your advertisement. Users are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, photographs, property reviews, testimonials, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospects have searched for specific special offers, dates, or types of properties. Users are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms.
All other User Contributed Content is the sole responsibility of the User who contributed such content, whether such User contributed the content directly or through a third party website. Users are solely responsible for their User Contributed Content and we specifically disclaim all liability for User Contributed Content.
We reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any User Contributed Content that fails to comply with these Terms, any other guidelines posted on the Site, each as determined in our discretion.
10. Links to Third Party Sites.
This Site may contain hyperlinks and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third party sites or resources and your use of such sites and resources will not be governed by these Terms.
11. Social Media or Third Party Sites.
If the Site offers a tool or service which allows us to access or use any profile or other information about you that you have provided to Facebook, Instagram, Twitter, LinkedIn, YouTube, Pinterest, or another social media sites (each a " Social Media Site") and you decide to use such a tool or service, you acknowledge and agree that:
- The information or content that are a part of your Social Media Site profile, which you have designated as "public" (or a similar designation) (with such information or content and referred to herein as "Social Media Content") may be accessed and used by us in connection with the Site;
- The Social Media Content will be considered "User Contributed Content" under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to User Contributed Content under these Terms;
- In the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and
12. Service Fee Payable.
Tweener does not charge a fee to users searching for homes for sale or homes for rent. Real estate brokers/agents that "opt in" to send listing data from MLS data integration feeds to Tweener are not charged any fees to do so. Listings distributed to us through other means, such as vacation rental property management software, may be responsible to pay a commission fee upon successful marketing resulting in a confirmed booking. Terms of which are detailed/described and agreed to per customer listing/integration/ distribution agreements.
13. Unauthorized Payment Methods; Registration Payments.
We are not a party to any payment transaction between Users. For safety no User may request to be mailed cash. Likewise, no User may offer to mail cash, or utilize any payment method other than the approved payment method for all or part of any and all exclusive Rental Rights transactions. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site and/or termination of the User’s account without notice to the User and without refund. From time to time, we may become aware of Users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist Users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform Users of any such actual or suspected activity.
Please refer to cancellation policies in Property rental listing details. We do not set, nor a party to any cancellation policies, enforcement or negotiations of same.
15. LIMITATION OF LIABILITY.
IN NO EVENT WILL TWEENER HOMES, INC., TWEENERHOMES.COM, SUBSIDIARIES, AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY THE “COMPANY”), OR ANY THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A USER OF TWEENERHOMES.COM (EACH A "THIRD PARTY PROVIDER"), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES) ARISING OUT OF, BASED ON, OR RESULTING FROM (A) THE USE OF THE SITE, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SITE, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE BY YOU OR ANY THIRD PARTY, (E) ANY USER CONTRIBUTED CONTENT, (F) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR SITE, AND/OR (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR ANOTHER USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE.
WITHOUT LIMITATION OF THE FOREGOING, EXCEPT FOR DAMAGES ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE COMPANY, THE TOTAL LIABILITY OF THE COMPANY FOR ANY AND ALL CLAIMS AGAINST THE COMPANY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. USERS ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USER AND THE COMPANY AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USER ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN USER AND THE COMPANY OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND HAS BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY USER AND THE COMPANY UNDER THIS AGREEMENT AND IN THE DECISION BY USER AND THE COMPANY TO ENTER INTO THIS AGREEMENT.
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE AVAILABILITY OF THE SITE OR ITS CONTENT, THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERLINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU ACKNOWLEDGE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE (OTHER THAN PURSUANT TO ANY GUARANTEE THAT MAY BE OFFERED ON THE SITE) THE SAFETY OF ANY TRANSACTION, PROPERTY OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
IF YOU CHOOSE TO USE THE SITE, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE SITE, A USER, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO LISTINGS YOU ARE RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY THE COMPANY RELATING TO A LISTING. IF THE COMPANY CHOOSES TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY USERS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
TO THE GREATEST EXTENT PERMISSIBLE BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS THE COMPANY FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM THAT OCCURS TO THE PROPERTY, REAL OR OTHERWISE, OR TO ANY PERSON, ARISING OUT OF THE LEASE OF RENTAL RIGHTS.
17. RELEASE AND INDEMNIFICATION.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY SITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY, EACH USER OF THE SITE, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
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 THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH USER OF THE SITE AND THE COMPANY (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND THE COMPANY AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
18. Jurisdiction; Choice of Law and Forum; Time Limit.
THIS SITE IS OPERATED BY US IN THE UNITED STATES AND WE MAKE NO WARRANTY THAT THE MATERIALS AND CONTENT ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OUTSIDE THE UNITED STATES DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE.
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF ARIZONA, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE AND CONSENT THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE UNITED STATES DISTRIT COURT FOR THE DISTRICT OF ARIZONA OR STATE COURTS IN MARICOPA COUNTY, ARIZONA, WHICH YOU ACKNOWLEDGE, CONSENT TO AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.
THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN US AND YOU WITH RESPECT TO YOUR USE OF THE SITE. WE MAY IMMEDIATELY TERMINATE ANY USERS ACCESS TO OR USE OF THE SITE DUE TO SUCH USER’S BREACH OF THESE TERMS OR OTHER UNAUTHORIZED USE OF THE SITE. ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN ARIZONA, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED. OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF ANY SUCH RIGHT OR PROVISION. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THESE TERMS, OR PORTION THEREOF, TO BE UNENFORCEABLE, THAT PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE SO AS TO EFFECT THE INTENT OF THESE TERMS, AND THE REMAINDER OF THESE TERMS SHALL CONTINUE IN FULL FORCE AND EFFECT.
19. Notification of Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us using the information on Section 22. “Contact Us and Notices”. Please include the following in your notice: (a) identify with specific detail the material on the Site that you claim is infringing; (b) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (c) a statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate, and (ii) you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (d) your physical address, telephone number and email address; and (e) your physical or electronic signature. We will thereafter remove the allegedly infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
20. No Agency.
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms or your use of the Site.
21. Contact Us and Notices.
Except as explicitly stated otherwise herein, you may contact us or provide notice to us as required herein by at:
Tweener Homes, Inc.
290 W. Chandler Heights Rd. #2
Chandler, AZ 85248
Phone: (833) 893-3637
Email: [email protected]