1. ACCEPTANCE OF TERMS
Houses 360 provides its service to you subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time without notice to
you. You can review the most current version of the TOS at any time at:
http://www.houses360.com/terms.php. In addition, when using particular Houses
360 owned or operated services, you and Houses 360 shall be subject to any
posted guidelines or rules applicable to such services, which may be posted from
time to time. All such guidelines or rules (including but not limited to our
Spam Policy) are hereby incorporated by reference into the TOS. Houses 360 may
also offer other services that are governed by different Terms of Service.
Houses 360 is a subsidiary of Houses 360 LLC located in Spokane Washington.
2. DESCRIPTION OF SERVICE
Houses 360 provides users with access to a rich collection of resources,
including various communications tools, forums, shopping services, search
services, personalized content and branded programming through its network of
properties which may be accessed through any various medium or device now known
or hereafter developed (the "Service"). You also understand and agree that the
Service may include advertisements and that these advertisements are necessary
for Houses 360 to provide the Service. You also understand and agree that the
Service may include certain communications from Houses 360, such as service
announcements, administrative messages and the Houses 360 Newsletter, and that
these communications are considered part of Houses 360 membership and you will
not be able to opt out of receiving them. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service, including the
release of new Houses 360 properties, shall be subject to the TOS. You
understand and agree that the Service is provided "AS-IS" and that Houses 360
assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings. You are
responsible for obtaining access to the Service, and that access may involve
third-party fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Houses 360 has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, Houses 360 has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof). Houses 360 is concerned about the safety and privacy of all its users,
particularly children. For this reason, parents of children under the age of 13
who wish to allow their children access to the Service must create a Houses 360
Family Account. When you create a Houses 360 Family Account and add your child
to the account, you certify that you are at least 18 years old and that you are
the legal guardian of the child/children listed on the Houses 360 Family
Account. By adding a child to your Houses 360 Family Account, you also give your
child permission to access many areas of the Service, including, email, message
boards and instant messaging (among others). Please remember that the Service is
designed to appeal to a broad audience. Accordingly, as the legal guardian, it
is your responsibility to determine whether any of the Service areas and/or
Content (as defined in Section 6 below) are appropriate for your child.
4. Houses 360 PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at
http://www.houses360.com/privacy.php. You understand that through your use of
the Service you consent to the collection and use (as set forth in the Privacy
Policy) of this information, including the transfer of this information to the
United States and/or other countries for storage, processing and use by Houses
360 and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify Houses 360 of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Houses 360 cannot and will not be liable for
any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from whom such Content originated. This means that you, and not
Houses 360, are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available via the Service. Houses 360 does not
control the Content posted via the Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Houses 360 be liable in any way for
any Content, including, but not limited to, any errors or omissions in any
Content, or any loss or damage of any kind incurred as a result of the use of
any Content posted, emailed, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Houses
360 official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping) that are designated for such purpose (please read our
complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the
nature, location, source, or ownership of material support or resources) to any
organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs a through m, above.
You acknowledge that Houses 360 may or may not pre-screen Content, but that
Houses 360 and its designees shall have the right (but not the obligation) in
their sole discretion to pre-screen, refuse, or move any Content that is
available via the Service. Without limiting the foregoing, Houses 360 and its
designees shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by Houses 360 or submitted to
Houses 360, including without limitation information in Houses 360 Message
Boards and in all other parts of the Service.
You acknowledge, consent and agree that Houses 360 may access, preserve and
disclose your account information and Content if required to do so by law or in
a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights, property or
personal safety of Houses 360, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by Houses 360 and/or
content providers who provide content to the Service. You may not attempt to
override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON Houses 360 NETWORK
When you register with Houses 360, you acknowledge that in using Houses 360
services to send electronic communications (including but not limited to email,
search queries, sending messages to Houses 360 Chat or Houses 360 Groups,
uploading photos and files to Houses 360 Photos or Briefcase, and other Internet
activities), you will be causing communications to be sent through Houses 360's
computer networks, portions of which are located in California, Texas, Virginia,
and other locations in the United States and portions of which are located
abroad. As a result, and also as a result of Houses 360s network architecture
and business practices and the nature of electronic communications, even
communications that seem to be intrastate in nature can result in the
transmission of interstate communications regardless of where you are physically
located at the time of transmission. Accordingly, by agreeing to this Terms of
Service, you acknowledge that use of the service results in interstate data
transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Houses 360 does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas of the Service, you
grant Houses 360 the following worldwide, royalty-free and non-exclusive
license(s), as applicable:
* With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible area of the Service other than
Houses 360 Groups, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service solely for the
purpose for which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Houses 360 removes such
Content from the Service.
* With respect to Content other than photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of the
Service other than Houses 360 Groups, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format or medium
now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Houses 360
network of properties that are intended by Houses 360 to be available to the
general public. By way of example, publicly accessible areas of the Service
would include Houses 360 Message Boards and portions of Houses 360 Groups,
Photos and Briefcase that are open to both members and visitors. However,
publicly accessible areas of the Service would not include portions of Houses
360 Groups that are limited to members, Houses 360 services intended for private
communication such as Houses 360 Mail or Houses 360 Messenger, or areas off of
the Houses 360 network of properties such as portions of World Wide Web sites
that are accessible via hypertext or other links but are not hosted or served by
Houses 360.
10. INDEMNITY
You agree to indemnify and hold Houses 360 and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or otherwise make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service (including your Houses
360 ID), use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Houses 360 may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on Houses 360's servers on your
behalf, and the maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that Houses 360 has
no responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the
Service. You acknowledge that Houses 360 reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge that
Houses 360 reserves the right to modify these general practices and limits from
time to time.
13. MODIFICATIONS TO SERVICE
Houses 360 reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Houses 360 shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
14. TERMINATION
You agree that Houses 360 may, under certain circumstances and without prior
notice, immediately terminate your Houses 360 account, any associated email
address, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, (f) extended
periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with the
Services. Termination of your Houses 360 account includes (a) removal of access
to all offerings within the Service, including but not limited to Houses 360
Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards,
Greetings, Alerts and Games, (b) deletion of your password and all related
information, files and content associated with or inside your account (or any
part thereof), and (c) barring of further use of the Service. Further, you agree
that all terminations for cause shall be made in Houses 360's sole discretion
and that Houses 360 shall not be liable to you or any third party for any
termination of your account, any associated email address, or access to the
Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Houses 360 shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
16. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Houses 360 has no control over such sites
and resources, you acknowledge and agree that Houses 360 is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge
and agree that Houses 360 shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
17. Houses 360'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or by
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by Houses 360
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
Houses 360 grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work from, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, nor to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by Houses 360 for use in
accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. Houses 360 AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Houses 360 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Houses 360 OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR
TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Houses 360 AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Houses 360 HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17 and
18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the Service
is intended for trading or investing purposes. Houses 360 and its licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service, and shall not
be responsible or liable for any trading or investment decisions based on such
information.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there
shall be no third-party beneficiaries to this agreement.
23. NOTICE
Houses 360 may provide you with notices, including those regarding changes to
the TOS, by email, regular mail or postings on the Service.
24. TRADEMARK INFORMATION
The Houses 360, Houses 360 logo, Houses 360 trademarks and service marks and
other Houses 360 logos and product and service names are trademarks of Houses
360 Inc. (the "Houses 360 Marks"). Without Houses 360's prior permission, you
agree not to display or use in any manner the Houses 360 Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Houses 360 respects the intellectual property of others, and we ask our users
to do the same. Houses 360 may, in appropriate circumstances and at its
discretion, disable and/or terminate the accounts of users who may be repeat
infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide Houses 360's Copyright Agent the
following information:
1. an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that
you claim has been infringed;
3. a description of where the material that you claim is infringing is
located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Houses 360's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail:
Houses 360
P.O. Box 48653
Spokane, WA 99228
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
Houses 360 and governs your use of the Service, superseding any prior agreements
between you and Houses 360 with respect to the Service. You also may be subject
to additional terms and conditions that may apply when you use or purchase
certain other Houses 360 services, affiliate services, third-party content or
third-party software.
Choice of Law and Forum. The TOS and the relationship between you and Houses
360 shall be governed by the laws of the State of Washington without regard to its
conflict of law provisions. You and Houses 360 agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Ada,
Washington.
Waiver and Severability of Terms. The failure of Houses 360 to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Houses
360 account is non-transferable and any rights to your Houses 360 ID or contents
within your account terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently
deleted.
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
27. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.