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HOME DEBUT, INC. WEB SITE
TERMS OF USE and NOTICES
AGREEMENT BETWEEN USER AND HOME DEBUT, INC.
The Home Debut, Inc. Web Site is comprised of various Web sites and Web pages operated by
Home Debut, Inc. or its affiliates (collectively, the "HDI Web Sites").
The HDI Web Sites are offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use of the HDI Web Sites constitutes
your agreement to all such terms, conditions, and notices. Your use of a particular HDI Web
Site included within the HDI Web Sites may also be subject to additional terms outlined elsewhere
in this agreement.
HomeDebut TourFactory
TERMS OF USE FOR HOMEDEBUT.COM FAMILY OF WEB SITES BY VISITING OR USING ANY OF THE
HOMEDEBUT.COM™ FAMILY OF WEB SITES OR ANY PAGE OF THE HOMEDEBUT.COM FAMILY OF WEB SITES,
EXCEPT THIS PAGE AND HOME PAGES OF THE HOMEDEBUT.COM WEB SITES, YOU ARE AGREEING TO BE BOUND BY
THESE TERMS OF USE AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND
HOMEDEBUT.COM, INC. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR
USE ANY OF THE HOMEDEBUT.COM WEB SITES OR ANY PAGE OF THE HOMEDEBUT.COM FAMILY OF WEB SITES.
FURTHERMORE, BY USING ANY OF THE HOMEDEBUT.COM FAMILY OF WEB SITES, YOU ACKNOWLEDGE THAT
HOMEDEBUT.COM IS NOT A REAL ESTATE BROKER, MORTGAGE BROKER OR MORTGAGE LENDER. IT DOES NOT AID OR
ASSIST BORROWERS IN OBTAINING, SOLICIT BORROWERS OR LENDERS FOR, NEGOTIATE OR MAKE LOANS SECURED
BY LIENS ON REAL PROPERTY.
Introduction
HDI and/or its partners (together referred to as "HomeDebut.com") operate this family of web sites
(Including, but not limited to HomeDebut.com™, TourFactory.com™) and associated web pages. For the
purposes of these Terms of Use, Homedebut.com refers to this family as the "Homedebut.com Web Sites."
HDI reserves the right to modify in its sole discretion this Agreement and/or the Homedebut.com Web
Sites without providing notification. You are responsible for regularly reviewing this Agreement.
BY VISITING OR USING ANY PART OF THE HOMEDEBUT.COM WEB SITES, EXCEPT FOR THE HOMEDEBUT.COM HOME
PAGE AND THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS
IS A BINDING CONTRACT BETWEEN HOMEDEBUT.COM AND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF THE HOMEDEBUT.COM WEB SITES. ADDITIONAL TERMS MAY
GOVERN USE OF CERTAIN WEB SITES OR WEB PAGES WITHIN THE HOMEDEBUT.COM WEB SITES
Your use of certain web sites and/or web pages within the Homedebut.com Web Sites may be subject to
additional terms that are specific to such web sites and/or web pages (the "Specific Terms") as
either contained (1) on this page below this Agreement and/or (2) on such web sites and/or web pages
(for example, terms that typically govern particular features or offers such as sweepstakes are
typically found on the relevant web site or web pages).
NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS - These are calculation tools, not an offer to lend.
Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
The HDI Web Sites include a number of venues such as uploading images, creating marketing text,
personal web pages, and/or other message or communication facilities designed to enable you to share
your thoughts and opinions with other members of the public ("Your Publicly Posted Information").
Since HDI firmly believes in the value of free and open exchanges, it makes no effort and is under no
obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, HDI cannot
be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or
timeliness of such thoughts and opinions. You promise that you will not use the Homedebut.com Web
Sites to:
(a) post, upload or otherwise transmit any content not related to appropriate subject
matters;
(b) post, upload or otherwise transmit any content which is misleading to others,
including consumers;
(c) post, upload or otherwise transmit any content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
(d) post, upload or otherwise transmit any content that you do not have a right to post
and transmit under any law or under contractual relationships;
(e) post, upload or otherwise transmit any content, such that such posting, uploading, or
transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
(f) post, upload or otherwise transmit any materials that contain software viruses or any
other computer code, files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; or
(g) 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 1866,
the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
(h) harvest or otherwise collect information about others, including e-mail addresses.
(i) create a false identity for the purpose of misleading others.
By posting content to the HDI Web Sites, you grant HDI a non-exclusive license to (1) host, use,
reproduce, modify, distribute, transmit, combine with information provided by third parties, and
publicly display such content on and through web sites controlled by HDI, including but not limited to
the HDI Web Sites, and co-branded or mirrored versions of such sites, and in HDI's promotional or
advertising materials, and (3) sublicense to third parties such content to the extent necessary for the
creation and maintenance of, in part or in whole, such sites.
You acknowledge that while HDI does not pre-screen content posted by you to the Homedebut.com Web Sites,
HDI and its designees shall have the right (but not the obligation) in their sole discretion to refuse or
remove any content that is posted by you or any other party to the HDI Web Sites. Without limiting the
foregoing, HDI and its designees shall have the right to remove any content that violates this Agreement
or is otherwise objectionable, and to terminate your access to any or all of the HDI Web Sites at any
time without notice for any reason whatsoever. You agree that you must evaluate, and bear all risks
associated with, the use of any content you post to the HDI Web Sites, including any reliance on the
accuracy, completeness, or usefulness of such content.
HDI reserves the right at all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request.
By posting, uploading, inputting, providing or submitting content to the HDI Web Sites, you warrant and
represent that you own or otherwise control all of the rights to such content including, without
limitation, all the rights necessary for you to provide, post, upload, input or submit such content.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HDI AND ITS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES HARMLESS
FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY
ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDED BUT NOT LIMITED TO HDI SOLICITED
INFORMATION, AFFILIATE SOLICITED INFORMATION, AND YOUR PUBLICLY POSTED INFORMATION, SUBMITTED, POSTED,
OR OTHERWISE PROVIDED BY YOU TO THE HDI WEB SITES AND/OR HOMEDEBUT.COM AND/OR ITS AFFILIATES.
INFORMATION PROVIDED TO YOU THROUGH THE HDI WEB SITES
From HomeDebut.com
The HomeDebut.com Web Site contains content and information originated by HDI Web Sites. HDI presents
and makes available such content and information through the Homedebut.com Web Site as a public service,
for the sole purpose of aiding you, the individual consumer. HDI, 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.
No Professional Advice
The information appearing in the HomeDebut.com Web site and in email notices is intended solely as
general guidance on the home buying and financing processes, and does not constitute legal, tax,
accounting or other professional advice. Real estate contracts, closing procedures and disclosures are
in part guided by state law. Individual situations and state laws vary and users are encouraged to
obtain appropriate advice from qualified professionals in the applicable jurisdictions.
Privacy and Protection OF PERSONAL INFORMATION
See the Privacy Statement for disclosures
relating to the collection and use of your information.
Member Account, Password, and Security
If a particular HDI Site/Service requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate information as prompted by the applicable
registration form. You then will choose a password and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible
for any and all activities that occur under your account. You agree to notify HDI immediately of any
unauthorized use of your account or any other breach of security. HDI will not be liable for any loss
that you may incur as a result of someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred by HDI or another party due to
someone else using your account or password. You may not use anyone else's account at any time, without
the permission of the account holder.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the HDI Sites/Services are for your personal and non-commercial use. You
may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products or services obtained from
the HDI Sites/Services.
Links To Third Party Sites
The HDI Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are
not under the control of HDI and HDI is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HDI
is not responsible for webcasting or any other form of transmission received from any Linked Site nor is
HDI responsible if the Linked Site is not working appropriately. HDI is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by HDI of the site or any
association with its operators. You are responsible for viewing and abiding by the privacy statements and
terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the HDI Sites/Services or
participation in promotions, including the delivery of and the payment for goods and services, and any
other terms, conditions, warranties or representations associated with such dealings or promotions, are
solely between you and the advertiser or other third party. HDI shall not be responsible or liable for any
part of any such dealings or promotions.
Third-Party Services
In order for HDI to distribute your information and facilitate contacts between you and such third parties,
you hereby grant HDI permission to disclose any and all of the information that you provide to HDI
Sites/Services to any such third party that HDI, in its sole discretion, deems relevant and appropriate.
Any information that you provide to HDI must be true, complete, and accurate, must not represent you as
someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation.
You are solely responsible for such information and for all of the terms and conditions of transactions
between you and such third parties, including, without limitation, terms regarding warranties, insurance,
fees, taxes, titles and licenses. You must not submit a request for a third party service through the HDI
Web Sites unless you intend, in good faith, to contract with such third party for the use of such service.
HDI is not and will not be responsible for (1) the terms and conditions of any transaction between
you and any third party, (2) any insufficiency of or problems with any such third party's background,
insurance, credit or licensing, or (3) the quality of services performed by any such third party or any
other legal liability arising out of or related to the performance of such services. In the event that
you have a dispute with any such third party, you release HDI (and its affiliates, agents and employees)
from any and all claims, demands and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes.
No Unlawful or Prohibited Use
As a condition of your use of the HDI Sites/Services, you will not use the HDI Sites/Services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HDI
Sites/Services in any manner which could damage, disable, overburden, or impair any HDI Site/Service(s)
(or the network(s) connected to any HDI Site/Service(s)) or interfere with any other party's use and
enjoyment of any HDI Site/Service(s). You may not attempt to gain unauthorized access to any HDI Site/Service,
other accounts, computer systems or networks connected to any HDI Site/Service, 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 HDI Sites/Services.
Materials uploaded to HDI Web Sites may be subject to posted limitations on usage, reproduction and/or
dissemination, you are responsible for adhering to such limitations if you use the materials.
Materials Provided To HomeDebut.com or Posted at Any HDI Web Site
HDI does not claim ownership of the materials you provide to HDI (including feedback and suggestions)
or post, upload, input or submit to any HDI Site/Service or its associated services for review by the
general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting HDI, its affiliated companies and
necessary sublicensees permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. HDI is
under no obligation to post or use any Submission you may provide and HDI may remove any Submission at
any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to provide, post, upload, input or submit
the Submissions.
Software and Content Available Through the HDI Web Sites/Services
All content and software (if any) that is made available to view and/or download in connection with the
HDI Sites/Services, excluding content and/or software that may be made available by end-users through a
Service, ("Software") is owned by and is the copyrighted work of HDI Corporation and/or its suppliers and
is protected by copyright laws and international treaty provisions. Your use of the Software is governed
by the terms of the end user license agreement, if any, which accompanies or is included with the Software
("License Agreement"). You may not install or use any Software that is accompanied by or includes a License
Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a
license agreement, HDI hereby grants to you, the user, a revocable personal, non-transferable license to
use the Software for viewing and otherwise using the particular HDI Site/Service in accordance with these
Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary
notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that
the Software, and any accompanying documentation and/or technical information, is subject to applicable
export control laws and regulations of the USA. You agree not to export or re-export the Software, directly
or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HDI SITES/SERVICES
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE HDI SITES/SERVICES
AND TO THE INFORMATION THEREIN. HDI AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE HDI SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE HDI SITES/SERVICES SHOULD NOT BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HDI CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE HDI SITES/SERVICES FOR ANY PURPOSE.
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. HDI AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND
NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT HDI SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH AN HDI SITE/SERVICE. YOU SPECIFICALLY AGREE THAT HDI IS NOT RESPONSIBLE OR LIABLE FOR
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY
INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT HDI
IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN HDI SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL HDI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HDI SITES/SERVICES,
WITH THE DELAY OR INABILITY TO USE THE HDI SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE HDI SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE HDI SITES/SERVICES, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HDI OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HDI SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HDI SITES/SERVICES.
Service Contact
webmaster@homedebut.com
Termination/Access Restriction
HDI reserves the right, in its sole discretion, to terminate your access to any or all HDI Sites/Services
and the related services or any portion thereof at any time, without notice.
HDI shall have no obligation to maintain any content provided by you or any third party.
No Spam; Damages
HDI will immediately terminate any account, which it believes, in its sole discretion, is transmitting
or is otherwise connected with any Spam or other unsolicited bulk email. In addition, because damages
are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay
HDI liquidated damages of $6 for each piece of Spam or unsolicited bulk email transmitted from or otherwise
connected with your account, otherwise you agree to pay HDI's actual damages, to the extent such actual
damages can be reasonably calculated.
Language
It is the express will of the parties that this agreement and all related documents have been drawn up
in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui
s'y rattachent soient rédigés en anglais.
General
This agreement is governed by the laws of the State of Washington, U.S.A. You hereby irrevocably consent
to the exclusive jurisdiction and venue of courts in Spokane County, Washington, U.S.A. in all disputes
arising out of or relating to the use of the HDI Sites/Services. Use of the HDI Sites/Services is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and HDI as a result of this agreement or use of the HDI Sites/Services.
You agree to indemnify and hold HDI, its parents, subsidiaries, affiliates, officers and employees, harmless
from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to
or arising out of your use of or conduct on the HDI Sites/Services. HDI reserves the right to disclose any
personal information about you or your use of the HDI Sites/Services, including its contents, without
your prior permission if HDI has a good faith belief that such action is necessary to: (1) conform to legal
requirements or comply with legal process; (2) protect and defend the rights or property of HDI or its
affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or
others. HDI's performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of HDI's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the HDI Sites/Services or information provided
to or gathered by HDI with respect to such use. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Home Debut, Inc. with respect to the HDI Sites/Services
and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Home Debut, Inc. with respect to the HDI Sites/Services. A printed version of
this agreement and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed form.
Copyright and Tragemark Notices
All contents of the HDI Web Sites are: Copyright (c) 1995- 2001 Home Debut Corporation and/or its suppliers,
505 W Riverside Ave Ste 300, Spokane, Washington 99201-0523 U.S.A. All rights reserved.
TRADEMARKS. Home Debut, Tourfactory, Debut.net, and/or other HDI products referenced herein are either
trademarks or registered trademarks of HDI.
All materials on the HDI Web Sites (as well as the organization and layout of the HDI Web Sites) are owned
and copyrighted or licensed HDI, its affiliates or its suppliers. (c) 1995, 2001 Copyright Home Debut, Inc.™
All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the
HDI Web Sites is permitted without the written permission of HDI. Any rights not expressly granted herein
are reserved.
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