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Terms of Use:
Welcome to Homepowered (the "Homepowered Site" or the "Site"). The ATX Site
includes homepowered.com, any successor pages thereto, and other Web sites
owned or operated by Homepowered. PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THE Homepowered SITE. USE OF THE
SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE.
1. Agreement to Terms. By using this Site, you signify that you agree
to these Terms of Use. In addition, when using particular services
available on this Site, you will be subject to any posted guidelines
or rules applicable to such services which may be posted from time to
time (the "Guidelines"), including without limitation our Privacy
Policy. All such Guidelines are hereby incorporated by reference into
the Terms of Use. If you do not agree to the Terms of Use or any of
the Guidelines, please do not use the Site. We reserve the right, at
our discretion, to change, modify, add, or remove portions of the
Terms of Use or the Guidelines at any time. Please check these Terms
of Use and the Guidelines periodically for changes. Your continued use
of the Site after the posting of changes will mean you agree to abide
by those changes. Please note that additional and/or different terms
of use may apply to services provided through one or more business
associates of Homepowered, and you should refer to those before using
such services.
2. Ownership. This Site is owned and operated by Homepowered. The
contents of this Site are protected by United States copyright and
trademark law, international conventions and other applicable laws.
All materials contained in the Site are the copyrighted property of
Homepowered or its subsidiaries or affiliated companies and/or
third-party licensors. Any use of any of the materials on this Site
other than for private, non-commercial viewing purposes is strictly
prohibited. The sale, auction, lease, loan, gift, trade or barter, or
use of any of the text, graphics, photographs, audio and/or video
material or stills from audiovisual material or any other materials
contained herein, for any other purpose, in any form, media or
technology now known or hereafter developed, including the use of any
of the aforementioned materials on any other Web site or networked
computer environment, without a prior written consent from Homepowered,
is expressly prohibited. The creation of derivative works based on the
materials contained herein including, but not limited to, products,
services, fonts, icons, link buttons, wallpaper, desktop themes,
on-line postcards and greeting cards and unlicensed merchandise
(whether sold, bartered or given away) is expressly prohibited. You
may download one copy of the materials on any single computer for your
personal, non-commercial home use only, provided you keep intact all
copyright and other proprietary notices. Modification of the materials
or use of the materials for any other purpose is a violation of Homepowered's copyright and other proprietary rights. As a condition of your
use of the Site, you will not use the Site for any purpose that is
unlawful or prohibited by these Terms of Use. You may not use the Site
in any manner that could damage, disable, overburden, or impair any
Site or interfere with any other party's use and enjoyment of any
Site. You may not attempt to gain unauthorized access to any Site,
other accounts, computer systems or networks connected to any Site,
through hacking, password mining or any other means. You may not
obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Site. All data
contained in the Site is compiled by Homepowered and is subject to
change. Homepowered cannot guarantee the accuracy of the information
provided to it by participating properties.
3. Links. This Site includes links to other Internet sites solely as
a convenience to users. Homepowered does not endorse any such linked
sites or the information, material, products or services contained on
other linked sites or accessible through other linked sites.
Furthermore, Homepowered makes no express or implied warranties with
regard to the information, material, products or services that are
contained on or accessible through linked sites. Access and use of
linked sites, including information, material, products and services
on linked sites or available through linked sites is solely at the
user's own risk.
4. Registration. As part of the registration process, each person
will provide a valid email address and select a password. Homepowered
reserves the right to cancel registered person if in Homepowered's sole
discretion the person uses the intellectual property rights of Homepowered or any other person. You are responsible for maintaining the
confidentiality of your password. You should not share your password
with anyone. If you have reason to believe that your account is no
longer secure (for example, in the event of a loss, theft or
unauthorized disclosure or use of your ID, password, or any credit,
debit or charge card number), immediately notify Homepowered.
5. Disclaimer of Warranties. THE MATERIALS IN THIS SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Homepowered
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Homepowered DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Homepowered
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Homepowered) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL Homepowered BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT
FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY
OTHER INTERACTIONS WITH Homepowered, EVEN IF Homepowered OR A Homepowered
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Homepowered'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE
SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS
PRECEDING YOUR CLAIM) OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
7. Termination. You agree that Homepowered, in its sole discretion, may
terminate any account (or any part thereof) you may have with us or
use of the Site and remove and discard all or any part of your account
or any Submissions, for any reason whatsoever in Homepowered's sole
discretion. Homepowered may also in its sole discretion and at any time
discontinue providing access to the Homepowered Site, or any part
thereof, with or without notice. You agree that any termination of
your access to the Site or any account you may have or portion thereof
may be effected without prior notice, and you agree that Homepowered
shall not be liable to you or any third-party for any such
termination.
8. Miscellaneous. The failure of Homepowered to exercise or enforce any
right or provision of the Terms of Use shall not constitute a waiver
of such right or provision. These terms shall be governed by and
construed in accordance with the laws of the State of Texas, without
giving effect to any principles of conflicts of law. You agree that
any action at law or in equity arising out of or relating to these
terms or the Web Site shall be filed only in the state or federal
courts in and for Travis County, Texas and you hereby consent and
submit to the personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these terms shall be
unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall not affect the
validity and enforceability of any remaining provisions. This Terms of
Use and related Guidelines may not be transferred or assigned by you
but may be assigned by Homepowered without restriction. This is the
entire agreement between us relating to the subject matter herein and
shall not be modified except in writing, signed by both parties, or by
a change to these Terms of Use or Guidelines made by Homepowered as set
forth in Section 1 above. We may give notice to our users by means of
a general notice on the Site, electronic mail to a user's e-mail
address on our records, or by written communication sent by
first-class mail to a user's address on our records
9. Arbitration and General Provisions. Any claims relating to the information available on the Site shall be governed by the laws of the State of Texas, excluding the application of its conflicts of law rules. Any claim or controversy arising out of or relating to these Terms of Use shall be settled exclusively by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The Site is operated by Homepowered from its offices within the United States. Homepowered makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
10. Equal Housing Opportunity. Homepowered strictly adheres to Federal law and the Fair Housing Act of 1968 with respect to housing. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). For more information on the Fair Housing Act or if you have been discriminated please visit the HUD website at www.hud.gov/offices/fheo/FHLaws/
11. MLS Listtings. This Site includes information provided by the MLS solely as a convenience to users. Homepowered makes no express or implied warranties with regard to the information or with regard to its accuracy or availability of the properties listed therein. Homepowered is not responsible for the information provided by the MLS with regard to the condition of the property or its value. Any inaccuracies or misleading statements contained therein are the sole responsibility of the listing agent and/or property owner. Visiting any of the properties listed on the MLS with or without an agent is done at the risk of the user. Furthermore, the use of the "Search for Sale" feature of the Site does not confer an invitee or licensee status on the part of the user or otherwise create any duty or contractual relationship arising therefrom on the part of Homepowered.
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