Access and Use of Website
This website located at www.homelink-usa.com (the "Site")
is operated by HomeLink International USA.
HomeLink
International USA (referred to as "HomeLink USA") is
a licensed affiliate of HomeLink International Associates (referred
to as "HLIA"), an association registered in Brussels,
Belgium.
Your
access to and use of the Site is conditional upon your acceptance
of these terms and conditions (which govern your use of the Site),
HomeLink USA's privacy policy ("Privacy Policy") and
any other terms and conditions contained on the Site ("collectively
referred to as the "Agreement"). These terms and conditions
govern your use of the Site and all Information and services (collectively,
"Services") available via the Site. Your use of the
Site constitutes your acceptance of the Agreement and any variations
to it.
Unless otherwise specified, the Site and the material provided
on the Site are solely for promoting services and business operations
within USA. If you visit the Site from other locations or countries,
you do so at your own risk and are responsible for compliance
with all applicable local laws.
You are prohibited from using the Site to post or transmit any
unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any material
that could constitute or encourage unlawful conduct.
You are prohibited from using the Site to contact HLIA members
for commercial purposes, that is, to solicit business of any kind
that entails monetary transactions. All such uninvited solicitation
will be regarded as "spam".
Password
and username
HomeLink
USA will allocate a username ("Member Number") to you.
You will be required to use your password and username each time
you log on to the Site. HomeLink USA may assume the authenticity
of and may act upon any instructions given by any person who uses
your password or username.
You
must comply with all directions issued by HomeLink USA pertaining
to use of your password or username. Your username will be published
in the directory, in both the online and printed versions, and
should be included in all your correspondence with HomeLink USA
and other registered members. You must not disclose your password
to any other person and HomeLink USA holds you responsible for
keeping your password strictly confidential.
You
will be held responsible for all transactions conducted using
your password or username including all transactions a third party
conducts using your password or username, irrespective of whether
you have disclosed your password or username to that third party
either intentionally or through carelessness. You must notify
HomeLink USA immediately if you become aware that your password
or username has been compromised or that there has been unauthorised
use of your password or username.
Access
and membership
Certain areas and Information on the Site are restricted to
members of HomeLink USA. Membership requires adherence to home
exchange etiquette and principles as described on the Site.
Security of Information
Unfortunately, no data transmission over the Internet is totally
secure. Accordingly, HomeLink USA does not warrant and cannot
ensure the security of any information which you transmit to HomeLink
USA. Accordingly, any information which you transmit to HomeLink
USA is transmitted at your own risk. Nevertheless, once HomeLink
USA receives your transmission, it will take reasonable steps
to preserve the security of such information.
Limitation
of Liability
HomeLink USA does not warrant that your access to or use of the
Site will be continuous, uninterrupted or totally secure. The
Site may not be available from time to time due to upgrades or
maintenance carried out in relation to the Site. You acknowledge
that disruptions to the operation of the Site may occur which
are outside HomeLink USA 's control and which may affect your
access to or use of the Site.
Neither
HomeLink USA, nor its employees, officers or agents, will be liable
for any loss or damage (including without limitation, any consequential
loss or damage) suffered by you arising directly or indirectly
from your inability to access the Site, your operation of the
Site or in relation to any Services offered through the Site.
In
no circumstances will HomeLink USA be liable to you or any third
party for any indirect or consequential loss arising from damage
caused to your computer or computer files as a result of your
use of the Site or resulting from loss of data, loss of profits
or business interruption even where HomeLink USA has been advised
of the possibility of such damages.
Indemnity
You indemnify and agree to keep HomeLink USA, its affiliates,
officers, employees and agents indemnified against all claims,
demands, actions, proceedings, costs, expenses, liabilities and
loss suffered by HomeLink USA, directly or indirectly as a result
of any breach of your obligations under the Agreement.
Disclaimer
Your use of the Site and information on the Site is at your own
risk. The information appearing on the Site is for general information
only and is subject to change. HomeLink USA does not warrant that
information contained on the Site is complete, accurate, or up-to-date.
Any aspect of the Site may be changed, supplemented, deleted or
updated without notice at the sole discretion of HomeLink USA.
To
the extent permitted by law, neither HomeLink USA nor its officers,
employees or agents will be liable in any way for any loss, damage,
costs or expenses suffered by you or claims made against you by
reason of your use of the Site or in connection with any services
or information supplied, offered to be supplied or advertised
through the Site.
HomeLink USA cannot be held responsible for the condition of listed
homes, the actions of individual members or the accuracy of the
listings.
To
the maximum extent permitted by law, all warranties, conditions
and representations about the Site, the accuracy or timeliness
of the material provided on the Site and the services advertised
via the Site are expressly excluded.
Where
any legislation implies a condition or warranty, and that legislation
prohibits HomeLink USA from excluding or modifying the application
of, or its liability under, any such condition or warranty, that
condition or warranty will be deemed included but HomeLink USA's
liability will be limited, to the maximum extent permitted by
law, for a breach of that condition or warranty to one or more
of the following: (i) supplying the services to you again or (ii)
the payment of the cost of having the services supplied to you
again.
Neither
HomeLink USA nor any other party involved in creating producing,
or delivering the Site, will be liable to you for any direct,
incidental, consequential, indirect or punitive damages, costs,
losses or liabilities whatsoever arising out of your access to,
or use of the Site or any linked websites ("Linked Sites").
Site
Content
Copyright in the Site (including, without limitation, text, graphics,
logos, icons, sound recordings and software) is owned or licensed
by HomeLink USA.
You must not reproduce, transmit, distribute, adapt, modify, sell,
publish or otherwise use any of the material on the Site except
as permitted by statute or with HomeLink USA's prior written consent.
Trade
Marks
All trade marks and logos on the Site ("Trade Marks")
are owned or licensed by HomeLink USA. You may not use, reproduce
or alter the Trade Marks in any manner whatsoever except with
the prior written consent of HomeLink USA.
Nothing on the Site will be construed as granting to you or any
other person, any right, title or interest in the Trade Marks.
Linked
Sites
The Site may contain links to Linked Sites. HomeLink USA does
not review, approve, recommend or endorse Linked Sites or the
materials or information on Linked Sites in any way unless and
to the extent stipulated to the contrary. HomeLink USA is not
responsible for the content of Linked Sites. HomeLink USA is not
responsible for the content or privacy practices associated with
Linked Sites. You access Linked Sites and use the products and
services made available on Linked Sites solely at your own risk.
Your
Information
You acknowledge that all information you provide to HomeLink USA
including personal information is complete, accurate and current.
It
is a condition of the Agreement that your information does not
contain any virus, worm, Trojan horse or other program or material
that has the ability to alter, delay, damage or interfere with
the operation of the Site, is not false or misleading and does
not contravene any law, statute or regulation.
It is a condition of the Agreement that your information does
not contain text, images or website URLs that promote, either
implicitly or explicitly, any product or services provided by
individuals, companies or organizations that are competitors of
HomeLink USA and HLIA.
The
Privacy Policy governs the manner in which HomeLink USA may use
your personal information. You consent to use of your personal
information in the manner set out in the Privacy Policy. You may
review the terms of the Privacy
Policy.
Termination
HomeLink USA reserves the right to suspend or terminate your
membership and access to or use of the Site, the Information and/or
the Services, at any time, if you breach any of your obligations
under the Agreement. HomeLink USA will not be liable to you or
any third party for any termination or suspension of your membership
and access to the Site, the Information and/or the Services.
General
The Agreement is governed by the laws of USA.
These Terms and Conditions, either present or future, will be
drawn up in the English language only. Any translation will be
provided only for your convenience.
If
any provision of the Agreement is invalid, void or unenforceable,
all other provisions will be separately enforceable and will continue
to be of full force and effect without regard to the invalid,
void or unenforceable provision.
HomeLink USA may revise and update these terms and conditions
at any time. Your continued usage of the Site after any changes
to these Terms and Conditions will constitute your acceptance
of those changes.
Copyright © 2004 - 2005 HomeLink International USA. All rights
reserved.
Updated
: 7 November 2005
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