BY USING ANY WEBSITE, MOBILE APP OR SERVICE OF Uncommon Home Buyers. (“Uncommon Home Buyers”) YOU AGREE TO ABIDE BY THESE TERMS OF USE BETWEEN YOU AND Uncommon Home Buyers, WHICH INCLUDE THE REFERENCED PRIVACY POLICY (“AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE ANY Uncommon Home Buyers WEBSITE OR TO OBTAIN ANY SERVICES FROM Uncommon Home Buyers.
The Uncommon Home Buyers websites and mobile apps (collectively, “Websites”; and individually, “Website”). Uncommon Home Buyers provides numerous services, including as referenced on the Websites (“Services”).
Uncommon Home Buyers reserves the right, at its discretion, to revise the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of any Website. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of any Website. Your continued use of any Website after the posting of revisions to the Terms Of Use shall constitute your acceptance to be bound by the express terms of any such revisions.
1. CERTIFICATION OF USER.
By using or attempting to use this Website, you certify to Uncommon Home Buyers that you are a resident of the United States or otherwise authorized to conduct business in the United States, are at least 18 years of age or older and have the legal capacity to enter into this Agreement.
2. CONTENT AND REGISTRATION.
2.1. The Website content shall mean all areas and aspects of the Website and Services including, without limitation, text, data, photos, graphics and/or video or any information whatsoever obtained through the Website (collectively referred to herein as “Information”), Uncommon Home Buyers’ computers or network and any subscription or software, product, service, or information provided by Uncommon Home Buyers.
2.2 Vendor Content – Uncommon Home Buyers has entered into contractual relationships with certain vendors, sponsors, and advertisers of products or services (“Vendors”), pursuant to which Uncommon Home Buyers may link to or display information, advertisements, discounts, products, goods, or services offered by the Vendors (“Vendor Content”). Uncommon Home Buyers does not guarantee the availability or accuracy of any such Vendor Content or offers, nor does it endorse, guarantee nor insure any Vendor products or services.
2.3 Uncommon Home Buyers shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services. Statements made on the Service Area concerning the products or services of Uncommon Home Buyers do not constitute an offer, but are merely solicitations of an offer.
2.4 Registration – You may browse and view certain content on the Website without registering, but as a condition to using certain other aspects of the Website or accessing certain services, you may be required to register and select a user identification and password. You agree to maintain the confidentiality of such registration information, be the sole user of such registration and use your registration solely to access the Website and to obtain Services. Uncommon Home Buyers reserves the right to monitor your use of the registration and to discontinue you it at any time in Uncommon Home Buyers sole discretion. If you believe that your registration has been compromised, you must promptly change your registration information and notify us immediately.
3. LIMITATIONS ON USE AND USER SUBMISSIONS.
3.1. Copyright, Patent and Trademark Notice. All content of the Website provided by Uncommon Home Buyers, including, but not limited to, all text, photos, graphics, audio, software, webpage layouts or configurations, presentations in any format and/or video is copyrighted by Uncommon Home Buyers., or its affiliates or subsidiaries. Copyright © 2013-2019 Uncommon Home Buyers. All rights reserved.
No portion of the Content or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium, whether now known or hereafter created. The foregoing prohibition includes, but is not limited to “screen scraping” or “database scraping” to obtain lists of users or other Information. Nor may any portion of the Information or other materials be stored in a computer or distributed over any network, except that you may download or print one copy of pages strictly for personal and non-commercial use; however, any print out of any page of the Website or portion thereof, must include Uncommon Home Buyers’ copyright notice.Uncommon Home Buyers, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of Uncommon Home Buyers. All other content product names and company logos are trademarks of their respective owners. Neither these materials, nor any portion thereof, may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any print out of any page of the Website or portion thereof, must include Uncommon Home Buyers’ copyright notice and/or trademark registration notice as appropriate.
3.2. Notice of Copyright Infringement – Uncommon Home Buyers respects the copyrights of others. Uncommon Home Buyers reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Uncommon Home Buyers has implemented procedures for receiving written notification of claimed infringements. If you believe that your copyrighted work has been reproduced on the Website in a way that constitutes copyright infringement you may notify us by e-mail at info@uncommonhomebuyers.com
4. ACCESS AND DELAYS IN SERVICES
Uncommon Home Buyers, its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the Website. Further, Uncommon Home Buyers, its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.
5. MONITORING BY Uncommon Home Buyers.
You acknowledge that Uncommon Home Buyers reserves the right to, and may from time to time, monitor for all lawful purposes any and all Third-Party Content transmitted or received through the Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Third-Party Content, including personal information, placed on or sent over the Service may be monitored. Use of the Service, authorized or unauthorized, constitutes consent to such monitoring and to the other terms of this Agreement.
6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
6.1. General Disclaimer and Limited Warranty – You acknowledge that certain aspects of the Information and/or Vendor Information and links provided through the Website are compiled from sources which may be beyond the control of Uncommon Home Buyers. Though such Information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur. Uncommon Home Buyers, its licensors and Vendors do not warrant the accuracy or suitability of any such Information. Neither Uncommon Home Buyers nor its licensors or Vendors represent or endorse the accuracy or reliability of the Information distributed through the Service.
FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS WITH ALL FAULTS BASIS.” Uncommon Home Buyers AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, Uncommon Home Buyers AND ITS LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.
6.2. You assume all risk of errors and/or omissions in the Website, including the transmission or translation of data. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website, including the Information, and for maintaining any means which you may require for the reconstruction of lost data.
6.3. Security – Uncommon Home Buyers shall not be liable for any damages arising from the use of the Website or any electronic file sent from Uncommon Home Buyers. You assume all responsibility and risk for the use of this Website and the Internet generally. Uncommon Home Buyers AND ITS LICENSORS AND VENDORS DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED AT OR WITHIN THE WEBSITE OR WITHIN ANY ELECTRONIC FILES SENT FROM Uncommon Home Buyers OR FROM THE WEBSITE.
6.4. Third-Party Content – By using the Website, you agree that Uncommon Home Buyers and its licensors and Vendors shall not be liable to you for any defamatory, offensive, infringing or illegal conduct of any Third-Party or other user and that the risk of harm from such Third-Party or other user rests entirely with you. SOME JURISDICTIONS LIMIT THE APPLICABILITY OF DISCLAIMERS OR LIMITATIONS OF LIABILITY SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL Uncommon Home Buyers, ITS LICENSORS, OR VENDORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE APPLICABILITY OF DISCLAIMERS OR LIMITATIONS OF LIABILITY SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. INDEMNIFICATION
You agree to indemnify and hold harmless Uncommon Home Buyers, its licensors, Vendors and their respective affiliates, officers, directors, employees, agents, third-party information providers, suppliers and attorneys against any and all claims, liabilities, losses, costs and expenses (including reasonable attorney’s fees) incurred by any of the above parties in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. Uncommon Home Buyers reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Uncommon Home Buyers’ defense of such claim.
9. TERMINATION OF THIS AGREEMENT
Uncommon Home Buyers may modify or discontinue the Website, or any portion thereof, or the offering of any information, goods, content, product or service with or without notice to you. Uncommon Home Buyers may terminate this Agreement at any time for any reason. The disclaimers, indemnities and limitations of liability shall survive termination of this Agreement.
9.1. Uncommon Home Buyers, in its sole discretion, may terminate your use of the Website for any reason, including, without limitation, if Uncommon Home Buyers believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Uncommon Home Buyers may also, in its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Uncommon Home Buyers may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that Uncommon Home Buyers shall not be liable to you or any third party for any termination of your access to the Website.
10. LINKS TO THIRD-PARTY WEBSITES.
Uncommon Home Buyers and/or the Website may provide links to third-party websites, which are not under the control of Uncommon Home Buyers. Uncommon Home Buyers makes no representations about third-party websites. When you access a non-Uncommon Home Buyers website, you do so at your own risk. Uncommon Home Buyers is not responsible for the reliability of any data, opinions, advice, or statements made on third-party websites. Uncommon Home Buyers provides these links merely as a convenience. The inclusion of such links does not imply that Uncommon Home Buyers endorses, recommends or accepts any responsibility for the content of such sites.
11. JURISDICTION AND GOVERNING LAW
Uncommon Home Buyers operates and controls this Website from its offices within the State of Virginia, United States of America. Uncommon Home Buyers makes no representation that the materials on the Website are appropriate or available for use in other locations. By accessing or using this Website, you and Uncommon Home Buyers agree that all matters arising from or relating to the use and operation of this Website will be governed by the substantive laws of the Commonwealth of Virginia, without regard to conflicts of law principles. You agree that all claims you may have against Uncommon Home Buyers arising from or relating to the operation or use of this Website will be heard and resolved in a court of competent subject matter jurisdiction located in Richmond, Virginia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access this Website from locations other than Richmond, Virginia, you will be responsible for compliance with all local laws of such other locations.
