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This website is offered to you (the "User") by
FlexBuy Homes, LLC (the
"Company") conditioned on your acceptance without modification of the terms,
conditions, and notices contained in this "Terms of Use" section (the
"Agreement"). Your use of this website constitutes your agreement to all
such terms, conditions and notices. The Company may change the "Terms of
Use" section from time to time. By continuing to use this website following
such modifications, you agree to be bound by such modifications to the Terms
of Use.
Membership Privileges:
This site does not require membership for use. However the Company does
extend certain special offers and privileges Users that sign up for our Hot
List. These special privileges and offers are not guaranteed and are subject
to change without notice.
The Company requires that
each registered User maintain a valid email address which shall be utilized
by the Company to contact the User with special offers, updated information
and new property listings before they go live on the website. Should the
User's email address change it is the responsibility of the User to notify
the Company via email at invest@flexbuyhomes.com. Company has the right to
refuse service to any member, individual, organization, or firm (and all
members associated or affiliated with said organization or firm) that
refuses to abide by the terms and conditions herein, refuses to abide by the
Company Policies or abuses their rights related to the Company service.
Upon registration, which is
free, User becomes a Basic Member. The only difference between a Basic
Member and non-member user are the bonuses, offers, updates and first dibs
on new listings that the registered Basic Member receive.
The Company utilizes email as
a vital and primary communication channel with Basic Members. As a
registered Basic Member, Users hereby acknowledge and grant the Company
permission to communicate with Basic Members via email (as well as other
communication channels such as phone and fax) for any purposes the Company
deems to be relevant including, but not limited to, system messages, product
updates, service announcements, new property listings and other marketing
messages. Company will use best efforts to honor Member's requests to opt
out of marketing messages, but under no circumstances will the Company have
any liability for sending any email to its registered Users/customers. The
company does not collect the email addresses of visiting Users so if the
User wants to be added to the Company email the User will have to sign up
for our Hot List.
Proprietary Rights:
The Company is the owner and/or authorized user of any trademark, registered
trademark and/or service mark appearing on this website, and is the
copyright owner or licensee of the content and/or information on this
website including but not limited to any screens appearing on this website.
You may not download and/or save a copy of any of the screens except as
otherwise provided in this Agreement, for any purpose. However, you may
print a copy of the information on this website for your personal use or
records. If you make other use of this website, except as otherwise provided
above, you may violate copyright and other laws of the United States and
other countries, as well as applicable state laws and you may be subject to
penalties. The Company does not grant any license or other authorization to
any User of its trademarks, registered trademarks, service marks, or other
copyrightable material or other intellectual property, by placing them on
this website.
Warranties and Limitation of Liability:
You acknowledge and agree that you must: (a) provide for your own access
to the Internet and pay any service fees associated with such access, and
(b) provide all equipment necessary for you to make such connection to the
Internet, including a computer and modem. By using this website, including
any applets, software, and content contained therein, you agree that use of
this website is entirely at your own risk.
Neither the COMPANY or any of
its Directors, Employees, Agents, Successors, Assigns, Affiliates, or
content or service providers shall be liable to you or other third parties
for any direct, indirect, incidental, special or consequential damages
arising out of or related to this website, its use and/or the services that
this website provides or your inability to gain access to or use the service
or out of any breach of any warranty. Because some states do not allow the
exclusion or Limitation of Liability For Consequential or Incidental
Damages, the above Limitation may not apply to you. In such states, the
respective Liability of the Company, its Directors, Employees, Agents,
Successors, Assigns, Affiliates, or content or service providers is limited
to the greatest extent permitted by such state law.
Links from and to this Website:
You acknowledge and agree that the Company has no responsibility for the
accuracy or availability of information provided by linked sites. Links to
external websites do not constitute an endorsement by the Company of the
sponsors of such websites or the content, products, advertising or other
materials presented on such sites.
Information in the web pages
that are linked to this website comes from a variety of sources. Some of
this information comes from official Company licensees, but much of it comes
from unofficial or unaffiliated organizations and individuals, both internal
and external to the Company. The Company does not author, edit, or monitor
any of these pages or links. You acknowledge and agree that the Company
shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on such external
websites or resources.
The Company may use
third-party advertising companies to serve ads on this website. These
companies may employ cookies and action tags (also known as single pixel
gifs or web beacons) to measure advertising effectiveness. Any information
that these third parties collect via cookies and action tags is completely
anonymous.
Compliance with Laws and Regulations:
Your access to and use of this website are subject to all applicable
federal, state, local, and international laws and regulations.
Privacy:
Except as may otherwise be required by law, the Company adheres to the
"Privacy Policy" posted on this website. You should be aware, however, that
a linked website may contain privacy policies that differ from the Company's
policy. Neither the Company or its directors, employees, agents, successors,
assigns or affiliates are responsible for any of those other websites'
provisions and expressly disclaim any liability related to such policies.
Unauthorized Links:
The Company allows unauthorized hypertext links to this website but not the
framing of any content available through this website. We welcome the
use of links from other websites and blogs to our site. However the Company
reserves the right to disable any unauthorized links or frames.
Use
of "Cookies":
The Company reserves the right to store information on your computer in the
form of a "cookie" or similar file or device for the purpose of modifying
this website to enhance your browsing experience and track your website
navigation preferences. If you do not wish to permit "cookies" to be stored
on your computer, you may disable them by following the instructions
provided with your browser software. If you elect to disable "cookies,"
however, please be aware that you will not be able to use certain websites
and that your browsing experience at the Company's Website and other sites
may suffer.
Violations of Terms of Use:
The Company reserves the right to seek all remedies available for
violation of the Agreement, including the right to block access from a
particular Internet address to this website.
Indemnification:
User agrees to indemnify and hold harmless the Company and its directors,
employees, agents, successors, assigns and affiliates from and against (and
will pay upon demand each such person the amount of) any and all third-party
claims, demands, losses, liability, damages, or expenses (including
reasonable attorney's fees) resulting from, arising out of, relating to or
caused by any breach by User of any covenant or other agreement of User
contained in this Agreement or any breach by User of any representation or
warranty of User contained in this Agreement. In connection with any action
or proceeding that may give rise to an obligation of User to indemnify a
person as set forth above, the Company shall have the exclusive right, at
its option, to defend, compromise and/or settle the action or proceeding,
and the User shall be bound by the determination of any action or proceeding
so defended or any compromise or settlement so effected. The remedies
provided in this section are not exclusive of and do not limit any other
remedies that may be available to the Company or any other party to be
indemnified pursuant to this section.
Applicable Law Forum:
All questions concerning the construction, validity, and interpretation of
this Agreement and the performance of the obligations imposed by this
Agreement shall be governed by the internal law, not the law of conflicts,
of the State of . Any suit, action or proceeding against either the Company
or User with regard or related to this Agreement, the rights and obligations
of the User or the Company under this Agreement, this website, the use of
this website and/or the services that this website provides shall be brought
in. The User and the Company hereby irrevocably consent to the jurisdiction
of the aforementioned courts. In addition, and notwithstanding the
foregoing, the User irrevocably waives, to the fullest extent permitted by
law, any objection that it may now or hereafter have to the laying of the
venue of any such suit, action or proceeding brought in any such court and
any claim that any such suit, action or proceeding brought in any such court
has been brought in an inconvenient forum. Final judgment in any such suit,
action or proceeding brought in any such court shall be conclusive and
binding upon User and may be enforced in any court in which User is subject
to jurisdiction by a suit upon such judgment.
Waiver of Trial by Jury:
THE COMPANY AND USER EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY
COURT AND IN ANY SUIT, ACTION OR PROCEEDING, WHETHER IN TORT, CONTRACT OR
OTHERWISE, IN WHICH ANY SUCH PARTY, OR ANY SUCCESSOR OR ASSIGN OF SUCH
PARTY, ARE PARTIES, AS TO ALL MATTERS AND THINGS ARISING OUT OF OR RELATING,
DIRECTLY OR INDIRECTLY, TO THIS AGREEMENT, THE RIGHTS AND OBLIGATIONS OF THE
USER OR THE COMPANY UNDER THIS AGREEMENT, THIS WEBSITE, THE USE OF THIS
WEBSITE AND/OR THE SERVICES THAT THIS WEBSITE PROVIDES.
Waiver of Contractual Right:
The failure of the Company to enforce any provision of this Agreement shall
not be construed as a waiver or limitation of the Company's right to
subsequently enforce and compel strict compliance with that provision or any
other provision of this Agreement.
Other Terms Severability:
If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be
valid and enforceable. If a court finds that any provision of this Agreement
is invalid or unenforceable, but that by limiting such provision it would
become valid and enforceable, then such provision shall be deemed to be
written, construed and enforced as so limited.
Parties in Interest:
This Agreement shall be binding upon, inure to the benefit of, and be
enforceable by the parties to this Agreement and their respective
successors, heirs, legatees, personal representatives and permitted assigns.
No assignment, delegation or other conveyance of this Agreement or of any
rights or obligations hereunder may be made by User (by operation of law or
otherwise) without the prior written consent of the Company. The Company may
assign its rights and obligations under this Agreement to any other party.
Headings:
The headings and other captions in this Agreement are for convenience
and reference only and shall not be used in interpreting, construing or
enforcing any of the provisions of this Agreement. Common nouns and pronouns
will be deemed to refer to the masculine, feminine, neuter, singular, and
plural, as the context may require.
Entire Agreement:
This Agreement constitutes the entire agreement between the User and the
Company and it supersedes all prior or contemporaneous communications,
promises and proposals, whether oral, written or electronic, between you and
the Company with respect to this website, the use of this website and/or the
services that this website provides. A printed version of this Agreement and
of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
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