Harmonhomes.com - Terms of Use:
1.General Provisions
Harmonhomes.com respects your privacy. You shall be responsible for protecting your password(s) if any. Please take a moment to review our privacy policy for additional information. The Web is an evolving medium. Harmonhomes.com reserves the right to change the terms of this agreement from time to time. By continuing to use this website and following our posting of such changes, you agree to be bound by this agreement, as modified. Harmonhomes.com may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.
The material that appears on Harmonhomes.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services you've read about on Harmonhomes.com, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. Harmonhomes.com is not responsible for, and does not guarantee the performance of, any such goods or services. We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to our Customer Service Manager at webmaster@Harmonhomes.com along with an explanation of your objection. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of Harmon Media Group, its owners, affiliates, licensors or licensees.
2. Buying and Selling Advertised Content
Harmonhomes.com is a service that brings together real estate professionals, consumers and related services. Information about a particular home or business is supplied by the real estate professionals and appropriate vendor and not by Harmonhomes.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the real estate professional, and/or vendor. Any prices listed on Harmonhomes.com may exclude sales tax, finance charges, title, license, regulatory fees, compliance fees, and other related charges, any or all of which may be added to the listed price to arrive at the final sale price of a particular purchase. Though we hope that all who come to Harmonhomes.com will act honorably and treat each other fairly, we can't verify the information provided is completely accurate or guarantee the offer. When using this website to sell a home or to buy a home or service, we urge you to use the same common sense and good judgment you would use in selling a home through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and your own good judgment.
When you offer a home or service for sale through Harmonhomes.com, you must be prepared to sell that home/service at the price at which, and the terms on which, you've listed it. You must have the ability to transfer title or ownership. To list a home for sale on Harmonhomes.com, real estate professionals are required to provide certain identifying and contact information. The information on listings, must accurately identify the real estate professional and the method of contact must permit buyers to communicate directly with the real estate professional. You may not charge any potential buyer for information about any home or service listed for sale on Harmonhomes.com, nor may you use our website to promote, without our prior written permission, any other website, product or service. Harmonhomes.com reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we consider inappropriate. Responsibility for the information contained in posted information lies with each real estate professional/vendor. You alone are responsible for material you post and for the content of all email messages transmitted through Harmonhomes.com. Nothing will undermine a user's confidence in the home you're trying to sell faster than inaccurate statements or misleading representations about the home. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat Harmonhomes.com users fairly and honorably.
Though we can't monitor every transaction that originates on Harmonhomes.com, we may perform random quality assurance tests to confirm that those who offer homes for sale over Harmonhomes.com are prepared to sell the home they advertise at the prices at which, and the terms on which, they advertise them. If our tests reveal, or we otherwise learn, that a real estate professional/vendor is engaging in "bait and switch" or other unfair or deceptive practices, Harmonhomes.com reserves the right to deny that real estate professionals use of the Place A Listing service. Although Harmonhomes.com cannot monitor all the listings/content posted to our website, we reserve the right (but assume no obligation) to delete, move, or edit any listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using Harmonhomes.com you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy Harmonhomes.com. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to Harmonhomes.com. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or Harmonhomes.com.
3. Links to Other Sites
For your convenience, we make available a variety of links to other websites that we don't operate where you can obtain related products and services, including but not limited to insurance, warranties, financing and inspection services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. Harmonhomes.com is not responsible for the products or services these vendors provide. You release Harmonhomes.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services. For your convenience, we make available links to websites operated by real estate professionals that list their homes in our online classifieds. Although we may power some of these websites, we are not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our site, or that may be accessible through a link from our site, and you release Harmonhomes.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.
4. Ownership and Permissions
Harmonhomes.com is made available for your personal, non-commercial use only. This Website and all content displayed on this Website and all software, data and information used to provide this Website, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by Harmon Media Group, its owners, affiliates, licensors or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties, including, without limitation, applicable intellectual property laws. We grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Website solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the Website Except as expressly authorized in this Usage Agreement, you may not modify, distribute, reproduce, display, or use this Website or any elements thereof. All rights not expressly granted to you by us in this Usage Agreement are reserved to Harmon Media Group and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from the Website as authorized hereunder
The materials on this site are the property of Harmonhomes.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on Harmonhomes.com should be sent to our Customer Service Manager,Harmonhomes.com, 4650 Hills & Dales Rd NW suite 260, Canton, OH 44708 or to info@Harmonhomes.com.
You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Harmonhomes.com or any of its affiliates. However, without the prior written permission of Harmonhomes.com, you may not frame any of the content of Harmonhomes.com, nor incorporate into another website or other service any intellectual property of Harmonhomes.com or its licensors. Requests for permission to frame our content may be sent to our Customer Service Manager, either by email or at the address above. Harmonhomes.com and the Harmonhomes.com logo, which are trademarks of Harmon Media Group. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on Harmonhomes.com without the prior written consent of the owner of the mark.
Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics is strictly prohibited without prior express written permission of Harmon Media Group. In addition to the foregoing prohibitions, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Website, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Website, with any other software or content of a third party. You may not use any meta tags or any other "hidden text" utilizing the names or trademarks of Harmon Media Group, its owners, affiliates, licensors or licensees without their express written consent. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in this Website or the services offered herein. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this Website using any "robot", "spider", "deep link", "scraper" or other automated means, methodology, algorithm or device or any manual process for any purpose
5. Trademark
Harmon Homes, Harmonhomes.com, Harmonhomes.com with design, are federally registered trademarks of Harmon Media Group, Inc. You will not use Harmonhomes.com to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to Harmonhomes.com, you are representing that you are the owner of the material or are making your submission with the explicit consent of the owner. By submitting material to Harmonhomes.com you are permanently granting Harmonhomes.com all rights to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive.
6. Disclaimer of Warranties and Limitation of Liability
If you rely on this website or any information, product or service available through this website, you do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this site. This website is provided to you "as is." Harmonhomes.com and its affiliates, agents and licensors, cannot and do not warrant the accuracy, completeness, correctness, noninfringement, merchantability or fitness for a particular purpose of the information available through this website (or any information, goods or services that are referred to, advertised or promoted on, or sold through this website). Nor do we or they guarantee that the website will be error free, or continuously available, or that the website will be free of viruses or other harmful components.
Under no circumstances will Harmonhomes.com or its affiliates, agents or licensors be liable to you or anyone else for any damages other than direct damages, arising out of your use of this website or any product or service linked to from or advertised or promoted on this website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data), even if we are advised beforehand of the possibility of such damages. You agree that the liability of Harmonhomes.com and its affiliates, agents and licensors, if any, arising out of any kind of legal claim arising out of or otherwise related to this website will not exceed the amount you paid, if any, for the use of the website out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
7. Registration
To obtain access to certain Harmonhomes.com services, you will be given an opportunity to register with Harmonhomes.com. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing Harmonhomes.com through any username/password assigned to you. You will notify Harmonhomes.com's Customer Service Manager at info@Harmonhomes.com of any known or suspected unauthorized use of your account.
8. Data & Security
We have in place, what we believe to be, reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.
9. Communications Resources
A variety of resources on this website through which you can directly interact with others, may be provided, such as email services, blogging services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas. We cannot and do not review every posting made in our blogs, chat rooms, forums, and other areas available for public postings. You can expect these areas to include information and opinions from a variety of individuals and organizations which may be other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, expert of guest, or from a member of our staff, and we are not responsible or liable for, and do not assume any responsibility in respect of, the views and opinions expressed through these sources.
We do not, as normal business practice, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of this Website including, reverse IP address inquiry, in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to this Website, our customers, the public or Harmon Media Group and its owners, affiliates, licensors or licensees. We reserve the right (but assume no obligation) to review the content of this website, including blogs, message boards, chat rooms, listings, forums, and other information posted to the Website to determine compliance with this Usage Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post, or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons or that violate the terms of this agreement.
We reserve the right to deny access to any Communication Resource or Service to anyone who violates this Usage Agreement or who, in our judgment, interferes with the ability of others to enjoy this Website or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies. By using this website, you agree not to post, submit or transmit through this website any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, that encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or that, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to this Website or otherwise to the owners of this Website shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to or through this Website.
10. Violation of Terms of Use
Harmon Media Group may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website, and may also disclose such data if required to do so by law or we determine that such disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Harmon Media Group, its employees, users of or visitors to this Website, and the public.
Without limiting any other portion of these Terms of Use, you agree that we may, in our sole discretion and without prior notice, terminate your access to this Website and/or block your future access to this Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of this Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Harmon Media Group may have at law or in equity.
11. Miscellaneous
No spamming or data scrapping. We want potential buyers visiting Harmonhomes.com to feel free to share their email addresses with those listing homes for sale on our site. By listing a home for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that home. By using this website, you agree not to use information concerning other users of Harmonhomes.com, or the homes they've listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed home.
This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the state of Ohio. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Canton, Ohio in all disputes arising out of or relating to this Agreement or use of this website. You agree that we may, in our sole discretion and without prior notice, terminate your access to this Website, which includes any discontinuance or material modification of this Website or any service offered on or through this Website, or due to any unexpected technical issues or problems. We reserve the right to deny access to the site at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to Harmon Media Group. You agree that Harmon Media Group will not be liable to you or to any third party for termination of your access to this Website as a result of any violation of these Terms of Use. You agree that any and all causes of action arising out of or relating to this Website or the information, products or services available through this Website shall be resolved individually, without resort to any form of class action. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS VISITOR AGREEMENT.
Harmon Media Group - User Agreement
The following describes the terms on which Harmon Media Group offers you access to our services. Introduction Welcome to Harmon Media Group. By using the services on the Harmon Media Group Websites (Harmon Media Group and other related Websites where this agreement appears) (the "Sites"), you are agreeing to the following terms, (the "Agreement" or "User Agreement") with Harmon Media Group Inc. as well as the Terms of Use as posted on each of the Sites. Before you may become an advertising user or member of Harmon Media Groups' Sites, you must read and accept all of the terms and conditions in, and linked to, this User Agreement, our Terms of Use and Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read any linked information. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each Website. Using Harmon Media Group Sites
While using the Sites, you shall not:
. post content or items in an inappropriate category or areas on the Sites; violate any laws, third party rights, or our policies; · use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites; · fail to deliver payment in any transaction for any Third Party Goods or Services (as defined below) provided to you by a third party purveyor, unless that third party has materially changed the good or service from what was originally listed, a clear typographical error is made, or you cannot authenticate the third party purveyor's identity; · fail to deliver goods or services purchased from you, unless the interested third party fails to meet the posted terms, or you cannot authenticate the interested third party's identity; · manipulate the price of any good or service or interfere with other user's listings; · circumvent or manipulate our fee structure, the billing process, or fees owed to Harmon Media Group; · post false, inaccurate, misleading, defamatory, or libelous content (including personal information); · transfer your Harmon Media Group account (including feedback) and User ID to another party without our consent; · distribute or post spam, chain letters, or pyramid schemes; · distribute viruses or any other technologies that may harm Harmon Media Group, or the interests or property of the users of Harmon Media Group Sites; · copy, modify, or distribute content from the Sites and Harmon Media Groups' copyrights and trademarks; or · harvest or otherwise collect information about users, including e-mail addresses, without their consent.
Abusing Harmon Media Group Sites
Harmon Media Group and our user community (the "Community") work together to keep the Sites working properly and the Community safe. Please report problems, offensive content and policy violations to us. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our Website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Fees and Services
Our Sites offer a service that brings together third party purveyors and interested third parties in connection with transactions involving merchandise and/or services ("Third Party Goods or Services"). Information about Third Party Goods or Services is supplied by third party purveyors and not by Harmon Media Group. The price and other terms of any transaction remain subject to direct negotiation between the parties to the transaction. The prices listed by third party purveyors on the Sites often exclude sales tax, finance charges and other charges including, without limitation, title, license, regulatory and compliance fees. Though we hope that all who visit our Sites will act honorably and treat each other fairly, we cannot verify the information third party purveyors supply or guarantee Third Party Goods or Services they offer. Nor can we assure the third-party purveyor that any check he/she gets from interested third parties for any Third Party Goods or Services is valid. When using these Sites to offer Third Party Goods or Services, we urge third party purveyors to use the same common sense and good judgment one would use in offering Third Party Goods or Services through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and one's own good judgment.
When you offer any Third-Party Goods or Services through the Sites, you must be prepared to provide those goods or services upon the terms on which you have listed them, including, where applicable, transfer of title or ownership. To list Third Party Goods or Services on the Sites, third party purveyors are required to provide certain identifying and contact information. The information must accurately identify the third-party purveyor, and the method of contact must permit interested third parties to communicate directly with the third party purveyor. You may not charge any interested third party for information about any Third-Party Goods or Services you list on the Sites, nor may you use our Sites to promote, without our prior written permission, any other Website, product or service. Harmon Media Group reserves the right to deny use of the Sites to anyone who does not comply with these requirements or who otherwise uses our Sites in a manner we consider inappropriate.
Responsibility for the information contained in listings lies with each third-party purveyor. You alone are responsible for the material you post and for the content, including, without limitation, all e-mail messages transmitted through the Sites. Nothing will undermine a user's confidence in Third Party Goods or Services you offer faster than inaccurate statements or misleading representations about the Third-Party Goods or Services. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we require that the information you supply be accurate and that, in all respects, you treat the users to the Sites fairly and honorably. Though we cannot monitor every transaction that originates on the Sites, we may perform random quality assurance tests to confirm that those who offer Third Party Goods or Services over the Sites are prepared to provide the goods or services on the terms on which they advertise them. By using our advertising service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a third-party purveyor is engaging in "bait and switch" or other unfair or deceptive practices, Harmon Media Group reserves the right to deny that third party purveyor use of the advertising service.
By submitting a listing through our advertising service, you agree to pay the fees specified for the listing package you select, regardless of whether you are successful in consummating a transaction of Third-Party Goods or Services as a result of the listing. Take care in selecting your listing package and inputting your listing information; listing fees are generally not refundable, even if you provide erroneous information or fail to consummate a transaction of Third-Party Goods or Services. We reserve the right to reject any ad copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. We reserve the right to edit, reclassify, revise or cancel any advertisement at any time. Rates and specifications are subject to change. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to Harmon Media Group. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency) to enforce our Terms of Use, User Agreement, Privacy Policy or to protect the rights, property or safety of visitors to our Sites, our advertisers, the public or Harmon Media Group. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status. Publisher accepts no liability for error or omission. NO REFUNDS AFTER PUBLICATION DEADLINE.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.
Liability
Liability You will not hold Harmon Media Group responsible for other users' actions or inactions, including things they post. The Sites are a venue to allow anyone to consummate transactions involving Third Party Goods or Services, at any time, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between third party purveyors and interested third parties. We have no control over and do not guarantee the quality, safety or legality of Third-Party Goods or Services advertised, the truth or accuracy of listings, the ability of third party purveyors to sell items, the ability of interested third parties to pay for items, or that an interested third party and a third party purveyor will actually complete a transaction. We do not transfer legal ownership of items from the third-party purveyor to an interested third party, and nothing in this Agreement shall modify the governing provisions of Uniform Commercial Code § 2-401(2), under which legal ownership of goods are transferred upon physical delivery of the goods to the interested third party by the third-party purveyor. Unless the interested third party and the third-party purveyor agree otherwise, the interested third party will become the lawful owner of the goods upon physical receipt of the goods from the third-party purveyor, in accordance with Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to Harmon Media Group by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our prior, express written permission. Additionally, you agree that you will not: · take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure. · copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Sites without the prior express written permission of Harmon Media Group and the appropriate third party, as applicable. · interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or · bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Harmon Media Group Privacy Policy. We view protection of users' privacy as a very important Community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Harmon Media Group Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Harmon Media Groups' national registered agent (in the case of Harmon Media Group) or to the e-mail address you provide to Harmon Media Group during the registration process (in your case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of Ohio as they apply to agreements entered into and to be performed entirely within Ohio between Ohio residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Harmon Media Group must be resolved by a court located in Canton, Ohio. You agree to submit to the personal jurisdiction of the courts located within Canton, Ohio for the purpose of litigating all such claims or disputes.