2. Acceptance of Terms of Use.
The Website is operated by Company. You must be at least 18 years old to use the Website. By accessing or using the Website (or any part thereof), you agree to be legally bound by these Terms of Use, as Company may modify them from time to time. These Terms of Use apply to your use of the Website, including Company’s services offered via the Website. They constitute a legal contract between you and Company, and by accessing or using any part of the Website you represent and warrant that you have the right, power and authority to agree to and be bound by these Terms of Use. If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and be bound by these Terms of Use, you may not use the Website. Notwithstanding anything to the contrary herein, if you and Company have entered into a separate Advertising Agreement that covers your use of a Company service, the terms and conditions of such agreement shall control with respect to such service to the extent they are inconsistent with these Terms of Use. You also agree to be contractually bound by the Marketing Center Terms and Conditions and Privacy Notice, which are hereby incorporated into, and made part of, these Terms of Use
3. Permitted Uses.
(a) Subject to the prohibitions set forth below, you may, in the ordinary course of business, use the Product to view Listings of properties for which you may be interested, and to designate, create and review Listings for properties owned, controlled or represented by you for inclusion in, and to market Listings on, the Website (and, if applicable, the Buyhomes.sale Site and/or your proprietary website), as described any applicable Advertising Agreement.
(b) Where your Listing on the Website incorporates Company Information, you are granted a limited, revocable, and non-sub-licensable license to use such Company Information strictly in connection with your Listing on the Website.
(c) You may, in the ordinary course of business, provide a hyperlink to the home page of the Website or to any Listings provided that you must remove any such hyperlink upon request from Company and no such hyperlink may be included in any website or application of a competitor of Company.
4. Prohibited Uses.
(a) Except as specifically outlined in the “Permitted Uses” section above, you shall not:
distribute, disclose, copy, reproduce, make available, upload, post, communicate to the public by telecommunication, display, publish, transmit, assign, sublicense, transfer, provide access to, sell, directly or indirectly, any portion of the Product by any means (including without limitation the Internet, any bulletin board system, electronic network, listing service, or any other data sharing arrangement) to anyone, or modify, adapt or create derivative works of the Product;
store, copy or export any portion of the Product into any database or other software program; or
link to or frame any portion of the Product.
(b) Notwithstanding any other provision herein, you shall not, without the express written permission from Company:
use any portion of the Product to create, directly or indirectly, any database or product;
access or use the Product if you are a direct or indirect competitor of, or provide any portion of the Product to any direct or indirect competitor of, Company or its affiliates;
modify, merge, scrape, disassemble, or reverse engineer any portion of the Product, or use any data mining, gathering, or extraction tool, or any robot, spider, or other automatic device or manual process to monitor or copy any portion of the Product or the data generated from it;
use, reproduce, publish, or compile any portion of the Product in connection with any other listing service, device, or data-sharing arrangement;
use any portion of the Product in a manner that would violate any applicable law, regulation, rule, ordinance or common-law principle, including those relating to real estate practice, competition, marketing, advertising, defamation, securities, spam, and privacy; or
in connection with the offer or sale of securities, use any portion of the Product, directly or indirectly, in any securities offering materials, registration statement, prospectus, or other filing with the United States Securities and Exchange Commission or any other federal, provincial, state, local or foreign governmental authority.
(c) You may not use the Product or any portion thereof in any manner that:
is threatening, abusive, harassing, hateful, harmful, false, misleading, obscene, vulgar, racially or ethnically offensive, invasive of the privacy, publicity, or other rights of any party, or is otherwise objectionable, in the Company’s sole discretion;
infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; or
exposes the Product to software viruses or any other computer code, files, or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy, or limit the functionality of the Product or servers or networks connected thereto or the activities of other users of the Product or any computer software or hardware or telecommunications equipment.
(d) You may not use the Product or any portion thereof to market properties or otherwise communicate with contacts acquired from the Product without obtaining the appropriate consents and permissions as required by applicable law.
(e) You may not impersonate any person or entity, falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, imagery, graphics, or other content posted on or transmitted through the Product.
5. Term
Subject to the terms of any applicable Advertising Agreement:
(a) For Signature Listings:
Signature Listings may be purchased for a minimum initial term of 6 months.
An upgrade from a lower Signature Listing level to a higher Signature Listing level initiates a new 6-month initial term for such a Signature Listing.
After the initial term, each Signature Listing will automatically renew for successive periods of one month each unless (A) at least 14 days prior to the last day of the then-current term, either party has provided the other written notice of nonrenewal for such Listing, or (B) during the then-current term, the property is moved off the market, or a different listing contact has purchased a Signature Listing for the property.
(b) Other member subscriptions will automatically renew for successive periods equaling the original term (e.g., month, quarter, or year, as applicable) unless at least 3 days before the last day of the then-current term either party has provided the other written notice of nonrenewal for such Listing.
(c) Account updates, including non-renewal requests, should be made using the “My Account” tab when logged into site.
6. Termination and Interruption of Access.
Subject to the terms of any applicable Advertising Agreement:
(a) You acknowledge and agree that the Company may interrupt, terminate, suspend, discontinue, or block your access to the Product or portions thereof at any time, including without limitation upon the Company’s determination that you have violated these Terms of Use or the terms of any other agreement between the parties or their affiliates.
Upon breach of any term of these Terms of Use that leads to a termination of your access to the Product, the Company’s remedies shall include any damages and relief available at law or in equity. You acknowledge that any breach of these Terms of Use will cause irreparable harm and injury to the Company for which there is no adequate remedy at law. Therefore, in addition to all other remedies available at law or in equity, you agree that the Company shall be entitled to injunctive relief. If the Company retains any third party to obtain any remedy to which it is entitled under these Terms of Use, the Company shall be entitled to recover all costs, including attorney’s fees and collection agency commissions the Company incurs. In addition, any individual or entity that violates any term of these Terms of Use is precluded from enforcing, agrees not to implement, and covenants not to sue to enforce any similar contract, including terms and conditions, terms of use, and terms of service, asserted by such individual or entity, or any affiliate thereof, as binding upon any of the Company Parties.
(b) The Company is continuously updating and changing the Product. It reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product or any part thereof with or without notice; you agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of the Product or any part thereof. In the event the Product or any portion thereof is discontinued, (i) you shall only be responsible for paying fees associated with that portion of the Product (if any) that continue to be provided after the effective date of such discontinuance, and (ii) Company shall refund any fees (if any) paid for provision of the discontinued portion of the Product after the effective date of such discontinuance.
(c) Upon any termination, you shall cease using any portion of the Product and, within 10 days thereafter, permanently delete or destroy all elements of the Product within your control; upon request from Company, you shall certify your compliance with the terms of this paragraph in writing reasonably satisfactory to Company.
7. Fees.
Subject to the terms of any applicable Advertising Agreement:
(a) You are responsible for the timely payment, using the currency and payment method indicated, of any fees incurred by your use of the Product and any services available on the Website or via links to other websites, whether ordered through the Website, Company’s sales team or otherwise. If applicable, you give the Company express authorization to place a preauthorization to hold such fees and initiate recurring charges to or debits from your electronic payment provider for all fees owed on the due date. If you owe any past due fees to Company or its affiliate according to any prior Agreement(s), you hereby authorize Company to charge to or debit from your electronic payment provider a one-time payment or initiate recurring charges to or debits from such provider, in either case, to satisfy such past due fees.
(b) The Company reserves the right to change the nature and amount of fees charged for access to the Product, payment frequency, and acceptable payment methods at any time, provided the Company will provide timely notice of any such changes. For yearly subscriptions, the Company may increase subscription prices annually, on the anniversary of the subscription’s start date, by a percentage equal to the percentage increase in the CPI.
(c) The fees paid for services are non-refundable, regardless of whether the service is terminated, or recurring debits or charges are canceled, prior to the end of the then-current term or billing period. No partial term refunds will be provided for mid-term cancellations.
(d) Company may send invoices for such fees by email, postal mail, or both. All payments received after the due date may be subject to a late payment charge from such due date until paid at a rate equal to the maximum rate permitted under applicable law. In all cases, all fees payable under these Terms of Use shall be paid in full without any right of set-off or deduction. Company may accept any payment without prejudice to its rights to recover the balance due or to pursue any other right or remedy. No endorsement or statement on any check, payment, or elsewhere will be construed as an accord or satisfaction. The fees do not include value added, sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Product. Company shall not be bound to use any third-party payment vendor or accept credit card payments, and any fees by such vendors or costs incurred from such credit card payments may be added to the amounts payable hereunder. At Company’s option, you shall pay any such taxes or additional fees directly or pay them to Company immediately upon invoicing by Company. Company may be required to collect sales tax in some jurisdictions, and recurring charges will include such sales tax if applicable.
(e) Loyalty or product bundle discounts are subject to cancellation.
(f) You must notify Company about any billing problems or discrepancies within 180 days after charges first appear on the account statement; if it is not brought to Company’s attention within such period, you agree to waive the right to dispute such problems or discrepancies.
(g) It is your responsibility to keep current your contact and billing information (including phone number, email address, credit card numbers, etc.).
8. Administration of Listings.
(a) It is your sole responsibility to upload listings that you would like to designate for inclusion on the Website, and you shall provide all information, data, and/or imagery necessary to include such Listings on the Website. You shall ensure that all such information, data, and/or imagery is always accurate. No robot, spider, or other automated service may be used to submit Listings to the Website.
(b) You represent and warrant that, for each Listing you submit to the Website, you have the right and authority to submit such Listings and associated information to the Company, and you are not submitting the Listing on behalf of any party not authorized to list on the Website.
(c) You agree to provide the Company with and maintain accurate contact information (including a valid phone number and email address) to submit and maintain active Listings on the Website.
(d) You shall not post a Listing on the Website under a name or using a contact other than the property owner or the licensed real estate broker or agent that has been engaged by the property owner to market the Listing under a duly executed listing agreement with the owner.
(e) You agree to allow submitted Listings, or any part thereof, to be searched, displayed, accessed, viewed, downloaded, copied and otherwise used by users of the Website and other Company partner and affiliated websites. Company shall have the sole authority to choose how any Listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on such websites.
(f) The Company shall have no obligation to monitor or verify the accuracy or proper use of the Website by others. However, the Company may, in its sole discretion but without any obligation, search for and remove or modify Listings that are alleged to have been submitted in violation of these Terms of Use. Company reserves the right to remove all or any part of a Listing in its sole discretion. The company shall have no obligation to resolve any disputes that arise among users of the Website.
(g) Listings that are not modified or renewed within a 75-day period may be automatically changed to “Off Market” and/or removed from the Website.
(h) Contact lists that you upload to the “Marketing Tools” portion of the Website are for your use only; the company agrees not to use such contact lists.
(i) When you register on the Website, which is unrestricted, you become a primary member and are eligible to (i) use the Product to search Listings and (ii) submit Listings on the Website (which Listings will only be available to be fully accessed and viewed in the search results generated on Company’s affiliated website costar.com, unless and until such Listings are upgraded to a paid Listing).
(j) For Signature Listings:
Purchase of an Upgraged Listing applies only to the specific property/listing ID—swaps are prohibited.
A limited number of Upgraded Listings are available per submarket; when a submarket/exposure tier is sold out, the Company will maintain a waitlist and notify waitlisted users of any available slot, and the price may be subject to increase.
9. Upgraded Listing Plan Subscriptions.
(a) The Company grants upgraded Listing Plan subscriptions to individuals exclusively. They may not be assigned, sublicensed, distributed, shared, viewed, accessed, or transferred to anyone other than the individual subscriber. A Premium Listing Plan subscriber may only submit Listings for properties that the subscriber owns or represents as the listing broker and is the primary contact in the Listing and may not use a Premium Listing Plan subscription to list properties on behalf of, or for the benefit of, any other person, regardless of whether such other person works for the same company or at the same place of business as the individual subscriber.
(b) Premium Listing Plan subscriptions are subject to change from time to time and may be subject to limitations on property listing, property searching, and member directory searching.
(c) Any Listing on which the primary contact is a Premium Listing Plan subscriber and is within its plan will receive Silver Listing exposure; Listings over the number allocated in the subscriber’s plan will not receive Silver Listing exposure but will still receive exposure on Company’s http://www.costar.com site.
(d) Premium Listing Plan subscribers may upgrade their subscription level to a higher plan online or by contacting the Company at solutions@buyhomes.sale. For any such upgrade, the subscriber will be charged a prorated change plan fee for the remaining days in a current billing cycle, and the subscription rate will be adjusted commencing with the next bill date. If the subscriber is above its plan, the most recently created Basic Listings will be upgraded to Silver Listings until the subscriber is within its plan.
(e) Premium Listing Plan subscribers may downgrade their subscription level to a lower plan by clicking “Change Plan” under “My Account” or by contacting the Company at solutions@buyhomes.sale. Any such change will take effect at the end of the applicable term (e.g., month, quarter, or year, as appropriate). Once effective, any Plus Listings beyond those allocated under the chosen subscription level will be converted to a Free Listing, beginning with the earliest created Free Listing.
(f) The Company reserves the right to deactivate complimentary subscriptions at any time.
10. Submitted Content.
The Product may include opportunities for users to submit, upload, post, email, or transmit Submitted Content to or via the Product.
(a) All Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you, not the Company, are entirely responsible for your Submitted Content and for making any redactions necessary to protect any confidential or sensitive information relating to third parties. The company has no obligation to monitor or screen Submitted Content and is not responsible for Submitted Content. However, in its sole discretion, the Company reserves the right to monitor Submitted Content, refuse to post Submitted Content, edit Submitted Content, or delete Submitted Content at any time for any reason or no reason.
(b) For all Submitted Content you elect to submit, upload, post, email, or otherwise transmit to or via the Product, you retain any applicable ownership rights that you may have for your Submitted Content. You grant the Company and its licensees a royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license (through multiple tiers) to use, reproduce, communicate to the public by telecommunications, make available, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, rent and take any other action for such Submitted Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that the Company may preserve any such Submitted Content and disclose it in its sole discretion. The foregoing license is without restrictions of any kind, and payment is due from the Company.
(c) You also hereby forever waive and agree never to assert any and all “moral rights, or any similar right you may have in or to any Submitted Content under the judicial or statutory law of any country in the world, or under any treaty. For greater certainty, these so-called “moral rights” shall not include the so-called “paternal right”.
(d) You represent and warrant that: Submitted Content is accurate to the best of your knowledge; you own or have the full right, power, and authority to grant to Company use of and rights in and to all Submitted Content that you submit, upload, post, email or otherwise transmit to or via the Product; your license of such content to Company hereunder does not, and the use or license of such content by Company to third parties will not infringe any right or interest owned or possessed by any third party; there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such Submitted Content; and the Submitted Content is free of any viruses, Trojan horses, or other malware.
(e) Although the Company undertakes reasonable efforts to back up data, you are solely responsible for retaining copies of all Submitted Content.
11. Brokers and Agents.
(a) Any person who identifies themselves as a broker or agent on the Website hereby represents and warrants that such person is validly licensed as identified and is in compliance with applicable broker requirements in all jurisdictions in which such person is required to be licensed. Company may, in its sole discretion, but shall have no obligation to, (i) verify the licensure of such person as a broker or agent, (ii) verify the existence of applicable representation agreements, and (iii) remove from the list of brokers any person whom Company believes is not a licensed broker or agent in any applicable jurisdiction.
(b) Company does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the Website; it is your responsibility to confirm the licensed status of any brokers listed on the Website.
12. Access, Passcodes, and Security.
(a) You must maintain the confidentiality of any Passcodes assigned to you and may not share them with or allow them to be used by any other person.
(b) The company may use passwords to authenticate your identity when you access and use the Product. The company is under no obligation to confirm the actual identity or authority of any party accessing the Product under any Password or other authentication method.
(c) Unauthorized attempts to defeat or circumvent Passcodes or other security features, use the Website or the Product for other than intended purposes, or obtain, alter, damage or destroy information or otherwise to interfere with the system of its operation, are not permitted and may result in a loss of access to the Product. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of the United States, Canada, the United Kingdom, the European Union, or such other jurisdictions as may apply. You agree to notify the Company via email at solutionsBuyHomes.sale immediately if you become aware of any unauthorized use of any Passcode, authorized use of the Product, or any other security breach.
(d) If you create any settings, saved searches, fields, or functions in the Product or input, add, or export any data into or from the Product, none of the Company Parties shall have any liability or responsibility for any such information or the loss, destruction or use by third parties thereof; it is your responsibility to make back-up copies of such information. The company may limit the amount of storage space allocated for such information.
(e) If you cause a technical disruption of the Product, you agree to be responsible for any and all liabilities, costs, and expenses (including reasonable attorneys’ fees, fines, and costs of enforcement) arising from or related to that disruption.
13. Information.
If you are party to an Advertising Agreement and are a real estate broker, investor, or developer, you agree to use reasonable efforts to keep the Company informed about any real estate and investment space available for lease and/or sale and transaction information for properties that you own, control, represent or hold exclusives. You hereby grant to the Company and its affiliates an irrevocable, non-exclusive license to gather, use, modify, reproduce, and sublicense real estate information available on your website or otherwise provided to you. Company acknowledges that if you provide Company with any information or imagery, you retain your rights to such information and imagery.
14. Ownership.
You acknowledge that the Product is comprised of data that is owned by Company and its licensors and that Company and its licensors have and shall retain exclusive ownership of all proprietary rights to the Product (including without limitation all photos, videos, and other imagery created by Company according to an advertising or listing package, plan or agreement for use in the Product), including all United States, United Kingdom, Canadian, European Union or other international intellectual property and other rights such as patents, trademarks, copyrights and trade secrets. This is a license agreement and not an agreement for sale. You shall have no right or interest in any portion of the Product except the right to use the Product as outlined in these Terms of Use and any Advertising Agreement between you and the Company. You acknowledge that the Product constitutes the valuable property and confidential and copyrighted information of Company and its licensors and agree to (a) comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in such information, (b) not challenge Company’s and its licensors’ ownership of (or the validity or enforceability of their rights in and to) such information, and (c) not remove, conceal, obliterate or circumvent any copyright or other rights management information, notice, license or anti-piracy technological measure included in the Product. You shall be liable for any violation of the provisions of these Terms of Use and, if applicable, the Advertising Agreement by your employees, contractors, affiliates, and agents and for any unauthorized use of the Product by such persons. You may not use or reproduce any trademark, service mark, or trade name of the Company or its licensors without the Company’s written consent. Nothing in these Terms of Use will restrict the Company from freely using for any purpose, without compensation, any of your ideas, suggestions, enhancements, or other feedback relating to the Product or new products, features, or tools.
ou assign the Company the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization and in violation of these Terms of Use, scraped, copied, or distributed content from your Submitted Content and for which you have not granted such third parties a separate license to use.
NOTICE — U.S. Government Rights/Commercial Technical Data and Software Unpublished, Rights Reserved Under the Copyright Laws of the United States
The Website contains real estate technical data and computer software that have been privately developed and are usually vented commercially under a license or lease agreement restricting their use, disclosure, and reproduction. They are following FAR 12.211, 12.212, 27.405(b)(2) and 52.227-19 and DFARS 227.7202, 227.7102, and 252.227-7015, as well as other applicable supplemental agency regulations, use, reproduction, disclosure, and dissemination of this real estate technical data and computer software are governed strictly per Company’s real estate agreements, including these Terms of Use.
15. Other Websites; Third Party Data Providers.
(a) For your convenience, the Product may include links to other websites, some owned and operated by the Company and some owned and operated by third parties. Under no circumstances shall the Company be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any third-party websites or any service or product that may be offered through such websites. The company has not necessarily reviewed any or all of the content of such other websites, does not guarantee the accuracy or timeliness of such websites, and expressly disclaims responsibility for the content and services available therein. Different terms, conditions, and privacy notices may apply when using linked websites. You are responsible for reviewing any such terms, conditions, and privacy notices concerning your use of any such websites. Any issues or disputes arising from such websites shall be between you and the applicable third party.
(b) You acknowledge that the Product includes data sourced from various providers, including, without limitation, certain providers listed here: https://www.costar.com/about/data-providers. The company has not necessarily reviewed any or all of the content from such providers, does not guarantee the accuracy of such content, and expressly disclaims responsibility for such content.
16. Procedure for Making Notification of Claims of Copyright Infringement.
The Company respects the intellectual property of others and asks those posting or transmitting any content to or through the Website to respect copyright law. It is the policy of the Company to restrict and/or terminate, in appropriate circumstances, the ability to submit content and/or use the Product by individuals or entities that repeatedly submit infringing content in violation of these Terms of Use.
(a) If you believe that your work has been copied and is available on the Website or the Company’s other online services in a way that constitutes copyright infringement, you may send the Company a written notice according to the requirements of the DMCA or any other applicable law. Such DMCA notice must include substantially the following:
your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
adequate information by which the Company can contact you (including your name, postal address, telephone number, and, if available, email address);
a statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
a statement that the information in the written notice is accurate and
a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.
Buy Home Inc.
Legal Department
2260 Palm Beach Lakes Blvd Suite 212
West Palm Beach Florida 33409
17. Force Majeure.
None of the Buy Homes Inc.Parties shall have any liability for any damages resulting from any failure to perform any obligation hereunder or from any delay in the performance thereof due to causes beyond their control, including industrial disputes, acts of God or government, public enemy, war, fire, pandemic, epidemic, other casualty, failure of any link or connection whether by computer or otherwise, or failure of technology or telecommunications or other method or medium of storing or transmitting the Product.
18. Choice of Law; Jurisdiction.
This Agreement shall be governed by and construed under Palm Beach County, Florida laws, without regard to choice of law principles. Buy Homes Inc. irrevocably consents to the exclusive jurisdiction of the federal and state courts in the District of Palm Beach County for any action brought against Buy Homes Inc. in connection with this Agreement or use of the Product. Customer irrevocably consents to the jurisdiction and venue of the federal and state courts located in Palm Beach County, Florida, or in any State where Customer’s Authorized Users are located, for any action brought against Customer in connection with this Agreement or use of the Product.
19. Miscellaneous.
(a) The parties are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between them.
(b) This Agreement contains the entire understanding of the parties for the Product. It supersedes any prior oral or written statements by Customer, Buy Homes Inc., or their respective representatives and documents to such subject matter, provided that this Agreement does not supersede any other written advertising agreement between the parties unless expressly provided herein.
(c) This Agreement may not be amended, modified, or superseded, nor may any terms or conditions be waived unless expressly agreed to in writing by all parties. The failure of any party at any time to require full performance of any provision hereof will in no manner affect the right of such party at a later time to enforce the same.
(d) Unless otherwise required by applicable law, Customer agrees to keep the terms of this Agreement strictly confidential.
(e) Each party acknowledges that when entering into this Agreement, it does not rely on and shall have no remedies for any statement, representation, assurance, or warranty not expressly outlined in this Agreement.
(f) Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement, provided that the foregoing shall not limit or exclude any liability for fraud.
(g) Each party acknowledges its responsibilities per applicable anti-bribery and anti-corruption legislation and represents and warrants that it has not, and will not offer, give, solicit, or accept any bribe from any person, organization, or company with the intent to coerce or induce a person, organization or company to misbehave in the course of their duties.
(h) Customer agrees that Buy Homes Inc. may send to Customer and its employees, contractors, and Authorized Users communications, including, but not limited to, email communications about new features or products, available Listings, product feedback, and other marketing content, which the email recipient may unsubscribe from at any time. Customer will comply with all laws related to emails Customer and/or its employees, contractors, and Authorized Users send using the Product, including but not limited to the United States’ anti-spam law (CAN-SPAM), Canada’s anti-spam law (CASL), the United Kingdom’s General Data Protection Regulation and Data Protection Act 2018 (UK GDPR), the Data Protection Act 2018 and Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR), and the European Union’s General Data Protection Regulation (EU GDPR) and any other applicable EU directives (as implemented within the relevant EU member state(s)).
(i) If any provision of this Agreement not being of a fundamental nature is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Agreement will not be affected. If a provision is held to be invalid, illegal, or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision.
(j) Customer acknowledges that in the event of a breach of any of these terms by Customer, Buy Homes Inc. may suffer irreparable harm and shall be entitled to seek injunctive relief (without the necessity of posting a bond) as well as all other monetary remedies available at law or in equity.
(k) Headings are for reference only.
(l) Any provision of this Agreement that by its nature should survive expiration or termination of this Agreement shall survive expiration or termination of this Agreement, including Sections 4, 6(d), 7, 8, and 11 through 20 hereof.
(m) The English language version of this Agreement shall be binding. Any translated version is for convenience only and shall not control the meaning or application of this Agreement.
20. Jurisdiction-Specific Clauses.
(a) Outside of the United States, Canada, the Caribbean, and China. For Customers located outside of the United States, Canada, the Caribbean, and China only, the following additional provisions shall apply and in the event of a conflict, shall supersede any conflicting provision in these BuyHomes Advertising Agreement Terms and Conditions:
The defined term “Buy Homes Inc.” shall mean Buy Homes Inc. and/or any of its subsidiaries;
The defined term “CPI” shall mean the Consumer Price Index as published by the United Kingdom’s Office for National Statistics;
This Agreement and any dispute or claim (including, without limitation, non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed per the law of England and Wales. Each party irrevocably agrees that, for the sole benefit of Buy Homes Inc. and subject as provided in this paragraph, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including, without limitation, non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation. Nothing in this Agreement shall limit the right of Buy Homes Inc. to take proceedings against Customer in any other court of competent jurisdiction, nor shall the taking of proceedings by Buy Homes Inc in any one or more jurisdictions preclude the taking of proceedings by Buy Homes Inc in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction;
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT A PERSON’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR FRAUD, OR FOR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.
