HomeFinder Widgets Terms of Use

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HomeFinder Widget Terms of Use

HomeFinder.com, LLC makes available certain Widgets for display on websites pursuant to the terms and conditions contained herein. By use of any Widget(s) in any manner whatsoever, you expressly agree as follows:

Definitions. "Agreement" means these Terms of Use. "Content" means any content and/or data and any related trade and service marks provided or made accessible by any Content Provider to HF, including, without limitation, real estate listings, data, text, photos, logos and images. "Content Provider" means a MLS, Customer, or other third party data provider in its capacity of providing or authorizing the delivery of Content to HF. "Customer" means any advertiser(s) or other party with which HF has entered into an advertising order or other product agreement. "Effective Date" means the date of agreement to and acceptance of this Agreement by you (whether by written document, online click-thru, or other indicated assent). "HF" means HomeFinder.com, LLC, together with its members, subsidiaries, successors, agents, and divisions. "HomeFinder.com Network" means all websites and web pages owned or operated by or on behalf of HF, including, without limitation, http://www.HomeFinder.com and any mobile, co-branded, and/or private labeled versions of such site(s) and page(s); any mirror site(s) or derivative site(s); all related applications, widgets, or functionality; and any successor(s) or replacement(s) to any of the same."MLS" means a multiple listing service. "Widget" means the particular HF web tool(s), web widget(s), portable chunk(s) of code, and/or functionality made available by HF for display by you pursuant to this Agreement.

Requirements and Restrictions. You may use the applicable Widget(s) subject to the following restrictions:

You may only display the applicable Widget(s) on a website controlled by you.
You shall not use any Widget(s) in any way that harms HF, its service providers, any Content Provider, MLS, Customer, users, or any other person.
You may only display the applicable Widget(s) in connection with services that are of a high standard of quality so as to preserve the goodwill and good reputation associated therewith.
You may not use any Widget(s) in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, and/or weapons and weapon accessories.
You may not use any Widget(s) in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this Agreement.
You may not display any Widget(s) in any manner which implies affiliation with, sponsorship by, or the endorsement of HomeFinder.com.
You may not use any Widget(s) in any products or services that compete with products or services offered by HF.
You may not display any Widget(s) on any website(s) which (i) disparage HF, the HomeFinder.com Network, or HF's products or services, (ii) infringes any HF intellectual property or other rights, or (iii) violates any applicable law.
You may not retain any copies of any Widget(s) or Content.
You may not present any Widget(s) to appear to be available from a third party web site, or permit any third party to do the same.
You may not separately extract and provide or otherwise use any Content to enhance data files of third parties.
You may not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of any Widget(s) or Content. You may not change any code provided by HF, you may not obscure or disable any element of any Widget(s), and you may not tag links to the HomeFinder.com Network from any Widget(s) with a "no-follow" attribute or otherwise prevent or discourage search engines from following or scoring an applicable link.
In the event you become aware that any use of your implementation of any Widget(s) is in material breach of this Agreement, then you agree to notify HF immediately and take prompt commercially reasonable corrective action at your expense to remedy such breach.

Reservation. HF reserves the right to expressly waive all or any of the restrictions above at any time, without notice, and with respect to certain parties and not others. HF further reserves the right to crawl or otherwise monitor your website for the purpose of confirming compliance with this Agreement. This Agreement does not grant any rights in any HF code, content, logos or trademarks except as expressly stated herein.

Fees. HF reserves the right to charge such fees and/or other charges for use of and/or access to any Widget(s) as HF, in its sole and absolute discretion, may determine to be reasonable.

Term/Termination.

Term. The initial term of this Agreement is 1-month. Thereafter, and unless otherwise agreed upon, this Agreement automatically renews on a month-to-month basis until either party provides 30-days written notice of termination to the other party, which termination shall be effective on the last day of the month in which the 30th day occurs.
Termination for Breach. Either party may immediately terminate this Agreement at any time in the event the other party commits a material breach of this Agreement and such breach is not cured by the breaching party within 30-days of its receipt of written notice of such breach from the non-breaching party.
Suspension by HF. HF reserves the right to immediately suspend your access to any Widget(s), or terminate this Agreement, at any time for any reason, without notice, and without liability in the event that: (i) you fail to meet HF's credit standards, (ii) any Content feed that is necessary for operation of any Widget(s) or your usage thereof is suspended or terminated, (iii) you engage in any activity that breaches the terms and conditions of this Agreement; and/or (iv) you engage in any activity whatsoever which HF, in its sole and absolute discretion, determines (A) may bring scorn and/or disrepute upon HF and/or the HomeFinder.com Network, or (B) may jeopardize any existing or anticipated contractual relationship, (C) may jeopardize a MLS or other Content feed, (D) may cause harm to any person or organization, or (E) HF does not elect to accommodate or otherwise permit.
Discontinuation by HF. HF reserves the right to change, suspend or discontinue any Widget(s) or any portion thereof, at any time for any reason, without notice, and without liability.
Effect of Termination. Upon any suspension or termination of this Agreement, regardless of reason, you shall immediately remove implementation of any Widget(s) from your web site(s), delete any Content, and cease all uses of the Widget(s). Sections 1, 2, 3, and 6 through 9 shall survive any termination.

Representations. You represent and warrant that:

You will comply with all applicable laws, rules, and regulations;
You have obtained all required licenses and authorizations to carry on your business and/or operate your website(s);

To the extent you employ certain functionality and/or application(s) to share any Widget(s) via social media, then:

You possesses all rights, permissions, and authority necessary to do the same;
Any such sharing shall be completed only by you and/or your authorized agent(s) or representative(s);
You shall assume all responsibility for any such sharing and in no event shall the same be deemed to be the action of HF, even in the event of customer service aid to you or other assistance.

Your website(s) and your use and/or implementation of any Widget(s) do not and shall not:

Contain or link to any information or material that is false, deceptive, misleading, libelous, defamatory, or inaccurate or contains any viruses, Trojan horses, or other similar malware;
Infringe on or violate any right of a third party, including any intellectual property rights(s), rights of privacy and publicity, and contractual rights; or
Violate any applicable law, rule or regulation, including those of any MLS or other Content provider.

Hold Harmless. You agree to indemnify, hold harmless, and, at HF's option, defend HF, its members, directors, officers, affiliates, employees, attorneys, contractors, vendors, and agents from and against any action brought against such parties, or any one of them, with respect to any third party claim, suit, proceeding, demand, cause of action, debt or liability, including reasonable attorneys' fees, arising out of or related to any breach of your representations, warranties, covenants, and/or agreements hereunder or any use of any Widget(s) and/or Content, whether by you or a third party utilizing your implementation of the same. You further agree such indemnity shall extend to any claims made by any MLS or other data provider providing Content to HF and where such claims are made against HF for violation of the U.S. Copyright Act, misappropriation of proprietary information, unauthorized disclosure of confidential information, and/or related claims whatsoever and related to or arising out of your use and/or implementation of any Widget(s) and/or Content.

Disclaimers. ALL WIDGETS AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS ONLY. HF DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. IN NO EVENT SHALL HF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE. HF DOES NOT REPRESENT OR WARRANT THAT ANY WIDGETS OR ANY CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HF IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. UNDER NO CIRCUMSTANCES WILL HF'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING UNDER THIS AGREEMENT EXCEED FIVE-HUNDRED DOLLARS.

Confidentiality. You agree to keep confidential and not to disclose to any party or use for any purpose any non-public business, technical, or other information about HF, any MLS, Customer, or other Content Provider, including the terms of this Agreement, and HF's code, databases, processes, trade secrets, business practices, development plans, products, pricing, functionality, applications, software, and intellectual property.

Modification of Terms. Except as otherwise provided in this Section 10, the terms of this Agreement shall not be waived, altered, modified, amended or supplemented except by a written instrument signed by a duly authorized representative of each party; any unilateral change made to this Agreement by you, whether handwritten or otherwise, shall have no effect nor shall the same constitute a counter-offer; subsequent performance by HF shall evidence only assent to the unaltered terms of this Agreement. Notwithstanding the foregoing, HF MAY UPDATE, MODIFY, AMEND, AND/OR REVISE THIS AGREEMENT AT ANY TIME AND YOU WILL BE NOTIFIED OF ANY SUCH CHANGES BY AN UPDATED POSTING OF THE NEW TERMS OF USE ON THE RELEVANT PAGE OF THE HOMEFINDER.COM WEBSITE, AND YOUR CONTINUED USE OF ANY WIDGET(S) AFTER THE EFFECTIVE DATE OF SUCH CHANGES WILL CONSTITUTE ACCEPTANCE OF AND AGREEMENT TO THE SAME.

General. This Agreement contains the entire agreement of the parties regarding the subject matter hereof and supersedes all prior representations, agreements, or understandings, whether or not written, regarding the subject matter hereof. This Agreement shall not be enforced against any party as the principal draftsman. Headings are for convenience only and shall have no interpretive effect. As appropriate, the masculine shall include the feminine and the singular shall include the plural, and vice versa. If any term, condition, section, sentence, and/or provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the same shall be eliminated and the remaining terms and conditions shall remain in full force and effect. There shall be no third party beneficiaries to this Agreement. You shall not assign all or any part of this Agreement or transfer or otherwise syndicate any Widget(s) and/or Content without HF's prior written consent and any attempt shall be null and void; HF may assign this Agreement without notice or consent. Neither party shall be liable to the other party for failure to perform by reason of a force majeure or any other cause beyond such party's reasonable control. This Agreement is governed in all respects by the laws of the State of Illinois, without reference to its conflicts of laws principles. The parties hereby agree that all claims arising under this Agreement shall be brought exclusively in a federal or state court in Chicago, Illinois and hereby consent to the personal jurisdiction of such courts.

Last Updated July 21, 2010