Docstoc

terms and conditions Terms Conditions GENERAL TERMS AND CONDITIONS

Document Sample
terms and conditions Terms Conditions GENERAL TERMS AND CONDITIONS Powered By Docstoc
					Terms & Conditions
       GENERAL TERMS AND CONDITIONS FOR USE OF INFORMATION

In this agreement (the “Agreement”), the words “you” and “your” refer to the party utilizing First
Time Home Buyers and term First Time Home Buyers material refers to any services (including,
but not limited to data and research.


LIMITED LICENSE: Upon your acceptance of this Agreement and full and proper payment of
all amounts due to First Time Home Buyers, First Time Home Buyers grants you a personal,
nontransferable and nonexclusive license to possess and use the resources provided by First Time
Buyers safely for your research and reference in strict accordance with the terms of this
Agreement for a maximum period of (1) year, unless otherwise specified. Upon expiration or
termination of this Agreement, you shall immediately discontinue your use of the First Time
Home Buyers site and resources.


YOUR RESPONSIBILITIES: Except to the extent specifically authorized in writing by First
Time Home Buyers, you cannot share or sell the First Time Buyers information and you are
responsible to First Time Home Buyers for any use of it. You agree and warrant that: a) you will
not provide access to any portion of the First Time Home Buyers to any unauthorized party
without the prior consent of First Time Home Buyers; b) you shall use your best efforts to prevent
the misuse and unauthorized use of the First Time Home Buyers materials or information; c) you
will not use any First Time Home Buyers information for consumer credit purposes, consumer
insurance underwriting, employment purposes, tenant screening purposes, or for any other
purpose(s) covered by the Federal Fair Reporting Act (15 U.S.C. 1681 et seq.) or any similar
statute or regulation; c) you shall not name First Time Home Buyers or its affiliated companies or
refer to the use of First Time Home Buyers information in any advertisements, promotional or
marketing material; and d) you shall indemnify and hold harmless First Time Home Buyers, its
affiliated companies and their respective officers, employees and agents (“Indemnified Parties”)
against any loss, liability, damage, cost or expense (including, but not limited to, reasonable
attorneys’ fees and legal costs) suffered or incurred by any Indemnified Party, arising out of or in
any way related to your use of the First Time Home Buyers information or the breach of this
Agreement. The customer must be contacted within 48 hours of you receiving a lead.


COMPLIANCE MONITORING AND ENFORCEMENT: It is an express condition of this
Agreement that in using the First Time Home Buyers web site: a) you and any authorized users
shall fully comply with the terms of this Agreement and all applicable federal, state, foreign and
local statutes and regulations, including, but not limited to, laws and regulations regarding
telemarketing, email, fax marketing, customer solicitation and privacy; and b) you and any
authorized users shall comply with all applicable Canadian Marketing Association (“CMA“)
guidelines and Direct Marketing Association (“DMA“) guidelines, if you or your authorized users
are not CMA or DMA members. If you or your authorized users are not CMA or DMA
members, you and your authorized users are encouraged to comply with all applicable CMA or
DMA guidelines; and c) that you and any authorized users shall with the CanadianRadio-
Television & Telecommunications Commission’s regulations regarding the use of Automatic
Dialing-Announcing Devices & Conditions for Unsolicited Live Voice and Facsimile Calls for
the Purpose of Solicitation as amended from time to time. First Time Home Buyers further
reserves the right to review materials is both appropriate and in accordance with the permitted
uses of First Time Home Buyers Materials; however, First Time Home Buyers failure to review
any such materials shall not constitute First Time Home Buyers acceptance of the matter or in any
other way waive any rights First Time Home Buyers may have or limit any obligations you may
have with regard to First Time Home Buyers Materials. First Time Home Buyers may also
randomly monitor (through seeding and other means) your use of the First Time Home Buyers
Materials to ensure that your use is in accordance with the permitted uses of First Time Home
Buyers Materials.


EXCLUSIVE LIMITED WARRANTY AND LIMITATION OF LIABILITY: All First Time
Home Buyers Materials are provided on a strictly “As is” basis. First Time Home Buyers does
not assure or warrant the correctness, comprehensiveness or completeness of First Time Home
Buyers Materials and except as explicitly provided for below, First Time Home Buyers expressly
disclaims any and all warranties of any nature. Express, implied or otherwise, including but not
limited to any implied warranties merchantability, no infringement, and/or fitness for a particular
purpose. In lieu of any and all such warranties, First Time Home Buyers offers to you the
following limited warranty. You shall have 14 days after receipt of the First Time Home Buyers
Materials, to review it and notify First Time Home Buyers of any problems or mistakes. If First
Time Home Buyers has made a material mistake, then First time Home Buyers will correct the
mistake at no additional charge. If you don’t notify First Time Home Buyers of any problems or
mistakes within the 14 day period First Time Home Buyers shall have no obligation whatsoever
to you. You expressly agree that First Time Home Buyers shall not be liable for losses, damages,
injuries of any kind, including but not limited to general, direct, special, incidental and/or
consequential damages caused in whole or in part by the use of First time Home Buyers materials
whether such damages are asserted in an action brought in contract, in Tort or pursuant to some
other theory and whether the possibility of such damages was made known or was foreseeable or
should this limited warranty fail of its essential purpose. In no event shall First Time Home
Buyers entire liability exceed the total amount you paid to First Time Home Buyers under this
Agreement.


GENERAL:

(a )    This Agreement shall be governed and construed by the laws of the State of Colorado,
        United States of America without regard to any conflicts of law principles. Additionally,
        any action relating to any provision of this Agreement or your use of First Time Home
        Buyers materials shall be brought within the jurisdiction of the Courts located within El
        Paso County, Colorado, United States of America. This Agreement, and the rights and
        obligations of the parties under this Agreement will not be governed by the provisions of
        the United Nations Convention on Contracts for the International Sale of Goods. The
        parties further have expressly requested that this Agreement be drawn up in the English
        language.

(b)     The terms and conditions set forth in this Agreement, along with additional terms which
        may be provided which relate to the specific First Time Home Buyers information
        provided constitute the entire agreement between you and First Time Home Buyers on
        the subject matter. Any additional or different terms or conditions in any other
        document, including without limitation any of your purchase orders, shall be of no effect.

(c)     This policy may be amended from time to time at the discretion of First Time Home
        Buyers.
(d)    Without limiting any other remedies it may have at law or in equity, First Time Home
       Buyers reserves the right to terminate this Agreement immediately without further notice
       if First Time Home Buyers has reason to believe Customer is not complying with this or
       any other express condition of use.



Made Effective October 11, 2010

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:1
posted:11/19/2011
language:English
pages:3