HomeAdvertisingNetwork.com



Visitor Agreement & Terms of Use
Updated: April 11, 2008



Welcome to our Web site - HomeAdvertisingNetwork.com®

HomeAdvertisingNetwork.com® is a global Internet marketing and advertising firm that allows people to advertise any type of property for sale or rent. Visitors can browse for free, and property seekers, buyers and renters to connect with each other on a global basis.

The types of real estate listings which are marketed and advertised include but not limited to, FSBO advertising, homes for sale, home rentals, duplexes, townhouses, cottages, bed and breakfasts, flats, condos, apartments rentals, lofts, villas, vacation rentals, land for sale and pre-construction property by homeowners, agents, landlords and property managers.

All interaction is between the property owner, agent or representative of the property being advertised "and" the person who has expressed interest in renting or buying the property.

By Using Our Site:
You are agreeing to comply with and be bound by the following terms, conditions and notices, whether modified or unmodified, as the "Agreement" or as the "Terms of Use". Please review the following terms carefully.

If you do not agree to these terms, you should not use this site. The term "us" or "we" or "our" refers to HomeAdvertisingNetwork.com. The term "you" refers to the user or viewer of our Web Site.

 
Copyright back to top »

Copyright © 2004-2008, Home Advertising Network, Inc.

All Content included or available on this Site, including Site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2004-2008 HomeAdvertisingNetwork.com, with all rights reserved, or is the property of HomeAdvertisingNetwork.com and or third parties, and is protected by the intellectual property rights of those owners. Any use of materials on the Site, including without limitation reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of HomeAdvertisingNetwork.com, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of HomeAdvertisingNetwork.com.

You may use the Content solely for your personal, non-commercial use, except that a commercial web site is permitted to link to the Site provided that the web site page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by HomeAdvertisingNetwork.com. You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on HomeAdvertisingNetwork.com, without the express consent of those third parties. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. Based on the presence of this notice of copyright ownership, any infringement of the protected Content of this Site will be deemed by HomeAdvertisingNetwork.com to be an intentional infringement.

All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with us.

 
Acceptance of Agreement back to top »

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.

This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. With that said, you agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing this site. If you continue accessing and use of this site following notice of any such revision shall conclusively be deemed acceptance of all such revisions.

 
Registration back to top »

Certain sections of, or offerings from the Site, may require you to register:

As a condition of your right to use the Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or other country.

If you wish to register on our Site you agree to provide accurate, current and complete personal data and information about yourself (such as name, e-mail address, home address, etc.) as required by the applicable HomeAdvertisingNetwork.com registration, property information, property photos, and billing section, and further agree that you will update such data to keep it accurate, current and complete. We reserve the right to suspend or terminate your use of the Site if it discovers, or has a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue.

If you setup or register a login and password from this Site, you may not share or authorize any other person to use your login and password. You are responsible for maintaining the confidentiality of your login information and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your login and password or any other breach of security.

HomeAdvertisingNetwork.com cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your login and password.

 
The Listings Content back to top »

The HomeAdvertisingNetwork.com Web Site contains content and information originated by us. We present and makes available such content and information through the Web Site as a public service, for the sole purpose of aiding you, the individual consumer. HomeAdvertisingNetwork.com, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information.

You are responsible for confirming the sufficiency and reliability of any such information. You acknowledge that the ads & content pertaining to those ads on our Web site is generally provided by the Property Owners, Apartment & Property Management Companies, Landlords, Real Estate Agents, and New Construction Developers. They are the Individual Contributors of Content ("Contributors"), third party licensees, and or other Users. You acknowledge that we permit access to content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Intellectual Property Rights"), and that these intellectual Property Rights are valid and protected in all medial existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws.

 
User Content back to top »

You may upload to any interactive area or otherwise transmit, post, publish, reproduce or distribute, on or through our listings only.

You warrant and represent that you own or otherwise control all the rights to such content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such content. Content that is not subject to any intellectual Property Rights, or content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on our site, without restriction whatsoever.

Any content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by (name of owner); Used by Permission," By submitting Content to any interactive area, you automatically grant and or warrant that the owner of such Content, whether it be you or a third party, has expressly granted to the site the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sub-license, distribute, perform, and display such Content, in whole or in part, worldwide and or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any intellectual Property Rights that may exist in such content.

You also permit our listings to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such content. You also permit any User to access, view, store and reproduce the content for personal use.

 
User Conduct back to top »

You agree to access and use the listings only for lawful purposes.

You are solely responsible for the knowledge of any adherence to any and all laws, statues, rules and regulations, pertaining to:
  1. your use of the listings, including any interactive area, forums, personal web pages, calendars and/or other message or communication facilities designed to enable you to share your thoughts and opinions with other members of the public, or
  2. the use of any networks or other services connected to the listings, and
  3. the communications means by which you connect your modem, computer, or other equipment to the HomeAdvertisingNetwork.com Web site.
You agree not to transmit or make available any Content that:
  1. violates any laws, contains any threats, is abusive, tortuous, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise objectionable;
  2. infringes any intellectual property rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
  3. contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual under the age of 18;
  4. publish, upload or otherwise transmit any content not related to appropriate subject matters, including; advertising items which are not real estate related;
  5. you know or have reason to know is false, misleading, or fraudulent;
  6. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  7. contains forged headers or employs other techniques whose purpose is to disguise the origin of the Content submitted;
  8. contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," "Ponzi schemes" or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
  9. incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
  10. contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
  11. alter, damage or delete any content or other communications that are not your own content or to otherwise interfere with the ability of others to access the listings;
  12. publish, upload or otherwise transmit any content which is misleading to others, including consumers;
  13. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1964, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act;
  14. to market and promote a business, company or service on this site in an attempt to redirect our visitors to similar or unrelated web sites;
  15. disrupt the normal flow of communication in an interactive area;
  16. violate any operating rule, policy or guideline of your Internet access provider or online service;
  17. send unsolicited emails or messages to our members where the interest is to sell, advertise or market a product, a service or business. Home Advertising Network has a "STRICT ZERO TOLERANCE ANTI-SPAM POLICY" and anyone attempting to sell, advertise or market a product, a service or business through the use of contacting our members by email through the property ads placed on this site will be subject to any and all legal action allowable by law.

    If you have setup a listing on this site and have received any type of solicitation as described above, please report it to us immediately. We will take quick action against anyone who violates this policy.
You further agree not to use the Site to:
  1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  2. engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
  3. engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
In addition, you are prohibited from interfering with or disrupting the Site, or servers or networks connected thereto.

HomeAdvertisingNetwork.com reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any Content that is posted on the Site. You agree that the exercise by HomeAdvertisingNetwork.com of such discretion shall not convert or transform User Content to Content owned or provided by the Site and the user who made such User Content available on the Site will retain ownership thereof as described below.

With respect to any information you provide to HomeAdvertisingNetwork.com, including personal data and information, you agree and accept that HomeAdvertisingNetwork.com may retain, maintain and/or disclose such information and User Content if required to do so by law or in a good faith belief that such retention, preservation and/or disclosure is reasonably necessary to:

  1. respond to any legal process;
  2. enforce these Terms of Use;
  3. respond to any claims that any User Content violates the rights of third parties;
  4. respond to your requests for customer service; or
  5. protect the rights, property or personal safety of HomeAdvertisingNetwork.com, its users and the public.
 
Payments back to top »

You represent and warrant that if you are placing an Ad through us that:
  1. any credit card information you supply belongs to you and no other party. You will be required to provide the card type (Visa, MC, American Express), the card number, expiration date, the CVV #, which is located on the back of the credit card, your name exactly as it appears on the card and billing address. The geographic location of your computer or IP Address will be recorded. All attempts at fraud will be prosecuted.
  2. charges incurred by you through placing an Ad will be honored by your credit card company, and
  3. you will pay the charges incurred by you at the posted prices, including any applicable taxes.
  4. All transactions are final. We do not refund any portion of the advertising fee if you delete or cancel your property ad prior to the expiration date.
  5. All credit card payments are transmitted securely via a 128 bit encryption service through Authorize.Net and billing on your credit card statement will appear as, Home Advertising Network, Inc


FRAUD POLICY & LEGAL ACTION NOTICE
Dispute and Fraud Policy:

Attempts to Charge Back a Valid Transaction: Please note that trying to deny a valid charge through your bank or credit card company is fraudulent and is illegal. Attempts to dispute or charge back valid transactions will result in legal action.

Any customer attempting to charge back a Valid Transaction will be prosecuted to the fullest extent of the law, in addition the following remedies. Charging back a valid transaction is considered a criminal action similar to writing a “hot check”, and can be prosecuted through city, municipal, county, state and federal Courts.

The geographic location of your computer or IP Address will be recorded along with any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, and traffic information.

 
Non-Transferable back to top »

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or post your property Ad is non-transferable or assignable.

 
Termination back to top »

The only right with respect to dissatisfaction with any policies, guidelines, or practices of HomeAdvertisingNetwork.com or any change in content, is for you to discontinue accessing the listings.

You agree that HomeAdvertisingNetwork.com may in its sole discretion and at any time terminate or temporarily suspend your access to all or any part of the Web site, without notice, for conduct that we believe is a violation of any part of this agreement or any policies or guidelines posted by us, or for other conduct which we believe, in its sole discretion, is harmful to the other users.

 
Privacy Policy back to top »

HomeAdvertisingNetwork.com is committed to maintaining the privacy and security of any and all such information that you provide. We will "NEVER" share, sell, or give away any of your information to anyone. With that said, we recommend that you review our Privacy Policy. If you should have any questions pertaining to that policy, please let us know.

 
Unlawful Activity back to top »

We reserve the right to investigate complaints or reported violations of this agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

Indemnification back to top »

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, sub-contractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, made by any third party due to or arising out of any information, included but not limited to HomeAdvertisingNetwork.com solicited information, affiliate solicited information, and your publicly posted information, submitted, posted, or otherwise provided by you to the HomeAdvertisingNetwork.com and or our affiliates.

 
Disclaimer back to top »

The information, content and ads from or through "our" Web site are provided "as-is," "as available," with "all faults", and all warranties, express or Implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). HomeAdvertisingNetwork.com makes no express or implied representations, warranties, or guarantees with regard to the appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness, or timeliness of such information. We shall have no liability to you or any other user of such information or to any third party for any loss, expense, or damage, including consequential, incidental, special or punitive damages and including lost profits or lost revenue, caused directly or indirectly by the use or reliance upon such information.

Any material downloaded or otherwise obtained through the use of our Web site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

 
Links To Other Web Sites back to top »

The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

 
Third Party Content back to top »

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, mis-statements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site.

You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

 
Legal Compliance back to top »

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the HomeAdvertisingNetwork.com Web site and the content and materials provided therein.

 
Miscellaneous back to top »

The failure of HomeAdvertisingNetwork.com to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right.

As such, if you choose to access our Site you agree to do so subject to the internal laws of New York. The state and federal courts of New York shall serve as the venue for HomeAdvertisingNetwork.com (Home Advertising Network, Inc) and such laws will govern these the Terms of Use.

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other agreements referenced herein may be assigned by HomeAdvertisingNetwork.com in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User.

You agree and understand that these Terms of Use constitute the entire agreement between you and Us regarding your use of the Site, and that any and all prior agreement between you and HomeAdvertisingNetwork.com are superseded by these Terms of Use. Notwithstanding the foregoing, the preceding sentence will not supersede any separate agreements you may enter into with HomeAdvertisingNetwork.com (including without limitation an agreement to provide content for the Site such as through a blog or freelance author agreement). You may not amend these Terms of Use.

Terms of Use Agreement updated April 11, 2008


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