HousesByOwner,LLC Terms and Conditions

Houses Buy Owners, LLC (“HBO”) provides advertising services on its Website at HousesBuyOwner.com, in its Magazine titled HousesBuyOwner.com Monthly Magazine, and on printable flyers and yard signs selected in one of our several packages (collectively, the “Services”) under the following terms and conditions of service and use (the “Terms”). Please read them carefully. You understand and acknowledge that the Services are provided to you exclusively under these Terms.

1. Services. HBO is set up to give individuals a medium in which to advertise their home, commercial property, or land and acreage through the Magazine or Web Site. HBO is not a licensed real-estate brokerage firm and will not assist in the selling of any property. Our responsibility is limited to the Services. You are solely responsible for the sale of your property. You are responsible and liable for all information posted on HBO’s Magazine or Website regarding your property.

2. Information. In providing us with information during the registration process, you agree to provide true, accurate, current and complete information and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You are solely responsible for all acts or omissions that occur under your account, including all content that you submit, post or transmit through the Services.

By using one of the several packages offered by HBO, you agree that all information and photographs listed within the Website, Magazine, and flyers and on the yard signs can be publicly viewed by anyone. This includes still photos and 360° On-line Virtual Tours of both the inside and outside of your property.

3. Modification of Services. HBO may change the Terms from time to time. We will notify you of any such changes via e-mail and/or by posting the changes on our Website. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.

We reserve the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified.

4. Payment Terms. Payment is due in full at time of purchase, unless otherwise specified. HBO will pull advertisements unless payment is received when due. Terms, net thirty (30) days. A periodic rate of one and one half percent (1½ %) monthly, as a finance charge, will be added to all balances over thirty (30) days past due. If account becomes delinquent and collection becomes necessary, you agree to pay reasonable court costs and attorney’s fees for HBO.

5. Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

6. Termination. You agree that HBO may terminate an account or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. Further you agree that HBO shall not be liable to you or any third party for any termination of your access to the services. You may discontinue your participation in and access to the Services at any time unless agreed otherwise in one of our packages and after the Magazine has been delivered to the printer to publish the Magazine with your information.

7. Disclaimer of Warranties. You expressly agree that the use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether expressed, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the services. HBO makes no warranty that (a) the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the services will be accurate or reliable; (c) the accuracy, reliability or quality of any information, products, services or other material obtained through the services will meet your expectations or guarantee any results.

8. Limitation of Liability. You expressly understand and agree that to the fullest extent permitted under applicable law, in no event will HBO, owners or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents or licensors be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), arising out of or in any way related to the use or the inability to use the services.

9. Indemnification. You agree to indemnify, defend and hold harmless HBO, its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (a) any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services, (b) your (or anyone using your account’s) use of the Services, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.

10. Trademarks Right. Certain of the names, logos, and other materials displayed on the HBO Web site or Magazine in and through the Services constitute trademarks, trade names, service marks or logos (“Marks”) of HBO. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. The content of the Services, including without limitation, text, 360° On-Line Virtual Tours, graphics, video, page layout and design and other material contained in the Services or information presented through the Services by HBO or its licensors (the “Content”), is copyrighted by HBO and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by HBO or its licensors. The Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of HBO and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

11. License. You hereby grant to HBO and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media not known or currently known, to exercise all copyright and other intellectual property rights with respect to the Content you provide to us to be published on the Website, or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you.

12. External Links. In regards to our external links, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) of that information and not of HBO. HBO neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on such external links. You agree that HBO shall not be liable for any information, software, or links found at any other website or internet location or for your use of such information.

13. Advertisers. Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our partners, advertisers or sponsors found on or through the Services, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such partner(s), advertiser(s), or sponsor(s). You agree that HBO 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 partners, advertisers or sponsors or through the services.

14. Miscellaneous. The Terms constitute the entire and exclusive and final statement of the agreement between you and HBO with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and HBO with respect to the subject matter hereof. The Terms and the relationship between you and HBO shall be governed by the laws of the State of Tennessee as applied to agreements made, entered into and performed entirely in Tennessee. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal or state courts having jurisdiction over Hamilton County, Tennessee you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 that the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.