Terms & Conditions
BY VISITING HOUS.COM
YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
The terms “I”, “my”, “we”, “us”, “our”, and “HOUS” refer to HOUS, Inc. The term “Site” refers to hous.com. The term “user,” “you” and “your” refers to site visitors, potential clients, and any other users of the site.
HOUS provides a website where users can read articles about modern homes and architecture for sale in Los Angeles and other real estate related topics and a service where users may connect with a local real estate agent to buy and sell property in Los Angeles (the “Service”).
Use of hous.com, including all materials presented herein and all online services provided by HOUS, Inc is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE + SERVICE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Seriously, don’t do it. Go do your homework, instead. When your homework is done maybe your parents will let you get on Playstation on a school night. The minute you turn 18 you can return to the site, promise.
Information provided on the Site and in the Service related to real other information are subject to change. HOUS makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. HOUS disclaims all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the Service, you are required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to HOUS will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. HOUS reserves the right to refuse service based on your provision of inaccurate account information.
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
HOUS reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so and may at any time change or discontinue any aspect or feature of the Site or Service.
We try our best to describe and display homes for sale and the Service as accurately as possible. But inaccuracies happen. Please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to remove or cancel any home or property listed with inaccuracies.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or another proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify HOUS from any claim against HOUS resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
HOUS reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIAL
HOUS, Inc does not claim ownership of Material you supply to HOUS, Inc. However, the act of posting Material to the site conveys an irrevocable, worldwide license to HOUS, Inc to use and distribute the posted Material in connection with HOUS’ website and any related HOUS publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to HOUS, Inc, you agree to hold HOUS, Inc harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by HOUS, Inc including, without limitation, the HOUS, Inc logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in anyway exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without notice, if you are caught violating this intellectual property policy. In other words, don’t steal.
The purpose of this website is to be educational. I share my opinions, ideas, resources, and offer suggestions on houses to buy, how to sell your home, décor and furniture finds, and books to read to make your home purchase or sale top-notch. Some of the links are links that, if you click them and purchase, I might get a commission in exchange. I only recommend things that I think are great, have used or witnessed used in person, and not because of any kickbacks. I have not been given any free products, services, or anything else by these companies in exchange for mentioning them on the site. The only consideration might be in the form of affiliate commissions.
MODIFICATION OF TERMS
Just like re-arranging furniture in our home, we may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, HOUS, Inc is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if HOUS, Inc has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall HOUS, Inc’s cumulative liability to you exceed $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with HOUS, Inc. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and HOUS, Inc pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by HOUS, Inc shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
HOUS, Inc, 1801 N. Hillhurst Ave, Los Angeles, CA 90027
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Los Angeles, California. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.