iHousesDirect.com provides this web site and the services provided on it to users only under condition of the following Terms of Service. At no point are these terms subject to modification by you. Any accessing or use of our site or its services will be an acknowledgment of your understanding and promise to abide by our Terms of Service. You agree that no signatures are necessary on the Terms of Service to create a binding agreement on usage which you must adhere to. In this document the term "we", "us", or "our" is used to signify iHousesDirect.com, while "you" refers to the user.
1. Amendments to the Terms of Service
iHousesDirect.com reserves the right to modify these Terms of Service at any time, and without warning. Every time you access or use our site, you are subject to the current Terms of Service. If you disagree with a change in Terms or the original Terms provided, your only option is to stop using our service. If you choose to continue to use iHousesDirect.com, it will be taken as a sign of your acknowledgment and willingness to abide by any changes. Sometimes, during the use of our site, you will access different areas or additional services containing their own Terms of Service. These terms shall be enforced with the general Terms of Service, and in matters of discrepancy the Terms of the additional service shall take priority.
We reserve the right to either permanently or temporarily discontinue these Terms of Service, and will be held of no liability to you or any other party. Your only option should you disagree with the discontinuation of these terms will be to not use our site.
2. Privacy
When you register to sell property on iHousesDirect.com, we will collect certain personal information. While our use of your private information is in the interest of protecting your privacy and security as outlined in our Privacy Policy, we reserve the right to disclose your personal information to the proper authorities if required to do so by law, or if we have been required to do so by a court or government order. We also reserve the right to access, preserve or disclose your personal information to the proper authorities if we believe it is necessary in order for us to comply with the law, enforce our Terms of Service, respond to claims that content concerning you violates our Terms of Service, or enforce the rights, property and personal safety of any of our users, iHousesDirect.com, or its owners.
3. Password and Security Information
When you register as a property seller on iHousesDirect.com, we will provide a listing identification number and password for you to use when accessing your listing information. You are solely responsible for maintaining the secrecy of your password, and are to report any breach in security or unauthorized misuse of your password to iHousesDirect.com immediately. We will NOT BE HELD LIABLE for any damages, theft, or other loss resulting from your failure to keep your password or listing number secure, or any failure to comply with the Terms in this section.
4. User Responsibilities
When your register for iHousesDirect.com, you agree and acknowledge that all information you provide is completely true, current, and accurate. It is your responsibility to ensure that all personal or other information provided to iHousesDirect.com by you is kept up-to-date and that you will report any changes as soon as they occur. If we decide or suspect that any information at all that you have provided is untrue, false, or misleading, we reserve the right to discontinue or terminate your use or future use of iHousesDirect.com or any other service controlled by the owners of iHousesDirect.com. You are solely responsible for all acts, posts or lack thereof that occur under your listing number in password. You acknowledge by using this service that you are over the age of 18 and able to agree to a legally binding agreement such as the one present here.
You also agree and acknowledge that you will not use our service to do any of the following, or do any of the following while using our service:
You will not violate and local, state, federal or international law or statute.
You will not harass any other user or individual, nor will you seek to communicate with them once they make clear that they do not wish to communicate with you.
You will not gather, preserve or store any other user information including name, email address or any other information obtained about them for any other purpose than contacting them on our service our responding to the content they have posted.
You will not impersonate or falsely suggest your are anyone but yourself, or that you are affiliated with an institution or entity that you are not, for any reason whatsoever.
You will not disrupt, harm, or otherwise interfere with any services, networks or servers in use by or associated with iHousesDirect.com.
You will not upload, post, submit or transmit any content that is illegal, harmful, threatening, vulgar, obscene, dangerous to another's privacy, sexist, racist, homophobic or otherwise ethnically objectionable on our site or while using our site.
You will not upload, post, submit or transmit any information or content you do not have a right to transmit under law, contractual, or any fiduciary settlements or relationships.
You will not transmit , upload, post or submit any information or content that is the intellectual property of a third party.
You will not upload, transmit, submit or post any material that contains computer viruses, worms, Trojan horses, or any other computer code, programs or files designed to harm, injure, or destroy any computer software, hardware, networks or server systems or telecommunications equipment.
You will not send, transmit or upload any unsolicited advertising information or material, including SPAM, junk mail, chain letters, or anything similar.
You will not submit, post or otherwise transmit any surveys or games of chance that do not have the express approval of iHousesDirect.com.
5. Your Responsibilities as a Home Seller and Listing Provider
Any person who subscribes for the iHousesDirect.com home listing service is subject to our monthly service charge of $89.95. If you choose the monthly plan, you will automatically be billed the monthly service charge every 30 days from the date on which your listing was first placed until you choose to discontinue your use of our service, at which point your listing will be removed. All users have the chance to cancel their membership up to one business day before the next billing period begins. See our Contact US section on our home page to report any wish to cancel to our customer service.
Any User who chooses our "List Until Sold" plan is subject to a one time, flat fee charge of $249.00. Users under this plan are entitled to maintain their listing on iHousesDirect.com until their home is sold, as well as access to our 24-hour customer support and consulting service. The seller is responsible for reporting any sale to iHousesDirect.com and removing their listing from our service. Any failure to do so may result in a fine of $50.00 issued by iHousesDirect.com.
Any user who subscribes to our "Premium Until Sold" plan is subject to a one time, flat fee charge of $349.00. This allows them to keep their property listing until it is sold. This also allows them to option of incorporating a visual slide show of their home into their listing, as well as access to our 24-hour customer support and consulting service. The seller is responsible for reporting any sale to iHousesDirect.com and removing their listing from our service. Any failure to do so may result in a fine of $50.00 issued by iHousesDirect.com.
Any user who subscribes to our "Featured Home-Until Sold" Plan is subject to a one time, flat fee charge of $599.00. This entitled them to leave their property listed on our site until it is sold, the ability to incorporate a visual slide show of their property into their listing, access to our 24-hour customer support and consulting service, and their home will be added into our rotation of Featured Homes that appear on our home page. The seller is responsible for reporting any sale to iHousesDirect.com and removing their listing from our service. Any failure to do so may result in a fine of $50.00 issued by iHousesDirect.com.
6. Third Party Content
In the interest of providing information and services that may be of relevance to our users, iHousesDirect.com distributes but does not publish content supplied by our third party affiliates. We have no editorial control over this content. Thus, any opinions, offers, or services listed by these third parties are those of our third party affiliates and do not reflect in any way the views, opinions, advice, services provided or suggestions of iHousesDirect.com. We are not to be held responsible, nor do we endorse any of the offers made by third party affiliates on our site, nor are we responsible for the accuracy or truthfulness of any third party content.
If you provide third party information that has been approved by iHousesDirect.com in the form of advertisements or any other content, you are in full acknowledgement that we have the right to distribute or post any content you provide in any way we feel is necessary. We reserve the right to monitor the information provided by third party affiliates in order to make sure it complies with our Terms of Service and all agreements listed herein. You also recognize that we have the right to discontinue or remove any content provided by third party affiliates for any reason we deem necessary, whether to comply with local, state or federal law or mandates, protect our Terms of Service, or to protect our own interests with absolutely no liability to you.
7. How We Deal with Partners and Advertisement Third Parties
If you choose to pursue any kind of business relationships or correspondence with any of our third party advertisers, participate on any of their promotions or services, or purchase any product from them, your dealings with them are strictly between you and them, and have no affiliation or anything at all to do with iHousesDirect.com. You are subject to any terms, conditions, warranties or service policies related to your dealings with that party, and any dealings of that kinds are strictly between you and that service. You hereby acknowledge and agree that iHousesDirect.com is not responsible, directly or indirectly, for any loss, damage or cost associated with your use of any third party service, and that any such damages or loss are not the result of the presence of such advertisements appearing on our service or web site.
8. Links
Any links provided on our website or service to an external website or service does not represent any specific endorsement of any kind, and is solely provided for the convenience of the iHousesDirect.com user. Any information you request from any link provided can only be obtained through dealings with the owners and webmaster of that link. You hereby acknowledge and agree that any loss or damage incurred as a result of your use of any external links provided on iHousesDirect.com is not the responsibility of iHousesDirect.com, and we shall not be held responsible for any such loss or damages, nor are they the result of the presence of external links on our service or website.
9. SPAM
iHousesDirect.com does not condone, tolerate, or use SPAM. Any use or distribution of SPAM by you or any user through the iHousesDirect.com service will not be tolerated. We reserve the right to monitor your account for any such activity and if we find evidence of your use, dissemination or distribution of SPAM< we reserve the right to terminate your account.
10. Absolutely No Resale
You acknowledge and agree not to duplicate, copy, sell or re-sell any of the services, content or access to our services for your own commercial gain. iHousesDirect.com is for your own personal use, and its contents are not available for re-sale of any kind.
11. Service Termination
You acknowledge and agree to our right to terminate you password, account or any portions thereof at our immediate discretion with or without notification to you. We may also remove or discontinue any content posted by you on our site, as well as your access to our services for any reason we see fit, whether it violates law or our Terms of Service, or we feel it is in the best interest of iHousesDirect.com and its users. You also acknowledge and agree that we may terminate your account after an extended period in which you do not access or use your account. iHousesDirect.com will not be held responsible to you or any other party for any issues that occur as a result of your termination from our service.
12 Disclaimer/Warranties
Agreeing to these terms and using or accessing our site in any way is taken as an indication of your acknowledgment and agreement that your use of iHousesDirect.com is at your own risk. All services provided on iHousesDirect.com are provided "as-is", and we make no claims and provide no warranties whether implied, statutory or expressly designed as to your use of this service, including but not limited to implied warranties of merchantability, fitness for a particular purpose or use, and non-infringement with respect to services.
We make no warranties or guarantees that you will be able to receive uninterrupted or error-free access to our service, or that it will meet your requirements. We make no warranties or guarantees that the results of use of this service will be accurate, reliable or perfect. We make no guarantees or warranties that the results or quality of results and information obtained through use of our service will meet your requirements or expectations. We make no guarantees that any errors or defects in service will be fixed or that our server or the iHousesDirect.com is virus-free. While we make every effort to ensure that it is virus-free, we make no guarantees or warrantees as to their presence.
Your use of this service is an acknowledgment that any and all information that you download or obtain through the use of iHousesDirect.com is at your own risk, and you are inherently responsible for any damage associated with the download of such information.
Absolutely no advice or information obtained from iHousesDirect.com or its staff or from services or third parities found on our site shall create any warranty not found herein.
13. Limitation of Liability
You expressly acknowledge, understand and agree that in absolutely no events shall iHousesDirect.com, its owners, employees, parent companies or subsidiaries, shareholders, or licensors be held responsible or liable for any kind of damages resulting from the use of iHousesDirect.com, whether those damages be direct, indirect, incidental, consequential, special or exemplary. This includes damages to computer hardware or software, personal monetary or revenue damages, profits, data, or other intangible losses that are in any way related to the following:
The use of or inability to use iHousesDirect.com or any of its services.
The costs of procuring any goods or services resulting from any goods, data or information purchased or obtained on iHousesDirect.com
A transaction entered into through our services.
Unauthorized access or transmission of data on your account.
The statements or actions made by any third party accessible through our site.
Your own inability or failure to adequately keep secure your password or access information to iHousesDirect.com
Your access to content through or service, including any false information or omissions of information , or your use of content posted or otherwise received or transmitted through iHousesDirect.com or its service.
The termination of your account or any access to iHousesDirect.com and its services.
The deletion or failure to preserve information or content obtained or transmitted through this service.
Your use of any content or service accessed through our third party affiliates.
Any other issue relating to the Terms of Service agreement.
14. Exclusions and Limitations
Certain jurisdictions or areas may not allow the disclaimers made or exemptions from warranty contained in this Terms of Service regarding damages and liability. Therefore, some of the above limitations and disclaimers may not apply to you, should you be in any of these areas. In this case, while we may not be fully exempt from such disclaimers, the duration and scope of such warranties and our liability will extend only to the minimum amount allowed by law. Any use or access to our service will be seen as an acknowledgment and agreement with this policy.
15. Indemnity
You agree to indemnify iHousesDirect.com, it's owners, employees, subsidiaries and parent companies, affiliates, associates, consultants and agents, and regard us as harmless and not liable for any third party claims of damages, losses, costs, expenses and fees that any such party may incur as a result of the following:
Any information that you post, submit, upload or otherwise transmit through iHousesDirect.com or its services.
Your use or anyone using your account's actions within our service.
Your violation or the violation by anyone using your account of our Terms of Service agreement.
Your violation or the violation by anyone using your account of the rights of another user or person.
Any viruses or other programs or computer codes designed to cause harm to any hardware, software or telecommunications services that has been uploaded, posted, submitted or otherwise transmitted using iHousesDirect.com or any of our services.
16. Trademarks
Any other services found through the iHousesDirect.com website, which is likewise trademarked and copyrighted, is a representation of the trademarks held by those other services and the information provided by them is also under trademark. You are not authorized to use any such marks without express permission.
17. Copyrights/Restrictions on Use
Any and all content on iHousesDirect.com and its services, including but not limited to text, software, music, sounds, photos, graphics, layouts, and any other material contained within iHousesDirect.com and its services is under copyright by iHousesDirect.com and its licensors and protected under federal United States law and international copyright law, as well as subject to other laws concerning personal and intellectual property, trademark, and patent laws. The content found herein may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, or redistributed in any way without the express written permission and approval of iHousesDirect.com and its licensors. You must abide by any al all copyright and trademark laws as they apply to content held within our site.
You further acknowledge that any other material found through iHousesDirect.com, including but not limited to, software associated with our service, content found in sponsor advertisements, or information provided through our service our advertisements are also subject to copyright, trademark, patents, and intellectual property laws, and that you will abide by all such laws.
In using software associated with the proper use of iHousesDirect.com, you understand and acknowledge that iHousesDirect.com has provided you with a personal, non-transferable and non-exclusive right to use the software on a single personal computer. This agreement provides that you will not in any way, nor will you allow anyone else, to copy, modify, engineer, attempt to discover a source code, sell, sublicense, or otherwise transfer any right in the software or its use.
You also agree not to access the iHousesDirect.com server through any other means other than the interface provided to you by iHousesDirect.com.
18. License
In reading this document and/or using or accessing our services in any way, you hereby grant iHousesDirect.com and its successors a worldwide, irrevocable, royalty-free right to exercise all copyright and trademark or intellectual property rights in regards to content provided through the iHousesDirect.com service or website. You also grants us the right to distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner without any account or liability to you.
19 Miscellaneous
The Terms of Service outlined here provide and constitute the entire, final and conclusive agreement between iHousesDirect.com and yourself with regards to your use of this service and all content found within. The Terms of Service and the relationship between yourself and iHousesDirect.com shall also be governed by the laws of the state of New York, regardless of your whereabouts or location of residence. Any and all lawsuits that may arise out of this Terms of Service agreement or your use of our service are to be filed in a federal or state court having jurisdiction over New York and you hereby irrevocably submit to the jurisdiction of said courts in any and all matters concerning the Terms of Service agreement or your use of iHousesDirect.com.
Should we fail to exercise or enforce any term, right, or provision of these Terms of Service, it is NOT any indication of our waiving these rights, terms or provisions. Should any term or provision of this agreement be found by a court to be invalid or unjust, you hereby acknowledge that this does not mark the entire Terms of Service null and void, and that all other provisions associated with the Terms of Service agreement are hereby still valid and subject to enforcement. You hereby acknowledge and agree that any dispute or claim arising out of your use of iHousesDirect.com or this Terms of Service agreement must be filed within one year of its occurrence or be forever banned, and null and void.
20. Violations
If you note any violations of this Terms of Service agreement in any form, please report them immediately to our Customer Service team. Details for contacting Customer Service can be found under the "Contact Us" menu on the iHousesDirect.com homepage.
