Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on
March 10, 2006.
This Terms of Use Agreement sets forth the standards of use of
the Marian Larotonda, Prudential Fox & Roach REALTORS®, For My
Dream Home ("For My Dream Home") Online Service. By using the
For My Dream Home website you (the "User") agree to these terms
and conditions. If you do not agree to the terms and conditions
of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify,
alter, or update the terms and conditions of this agreement
without prior notice. Modifications shall become effective
immediately upon being posted at:
http://formydreamhome.com
Your continued use of the Service after amendments are
posted constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1. Description of Service
For My Dream Home is providing User with
real estate buyer and seller resources and associated services.
User must provide (1) all equipment necessary for
their own Internet connection, including computer and modem and
(2) provide for User's access to the Internet, and (3) pay any
fees related with such connection.
2. Disclaimer of Warranties.
The site is provided by For My Dream Home on an "as is"
and on an “as available” basis. To the fullest extent permitted
by applicable law, For My Dream Home makes no
representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of
its correctness, accuracy, reliability, or otherwise. For My
Dream Home shall have no liability for any interruptions
in the use of this Website. For My Dream Home disclaims
all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness
for a particular purpose, and non-infringement. Some
jurisdictions do not allow the exclusion of implied warranties,
therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
FOR MY DREAM HOME SHALL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER, AND IN PARTICULAR FOR MY DREAM HOME SHALL NOT
BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF
REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB
SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES
ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY,
AT LAW, OR OTHERWISE, EVEN IF FOR MY DREAM HOME HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS ARE INAPPLICABLE.
4. Indemnification
User agrees to indemnify and hold For My Dream Home,
its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or
arising out of User’s use of the Service, the violation of
this Agreement, or infringement by User, or other user of the
Service using User’s computer, of any intellectual property or
any other right of any person or entity.
5. Modifications and Interruption to Service
For My Dream Home reserves the right to modify or
discontinue the Service with or without notice to the User.
For My Dream Home shall not be liable to User or any
third party should For My Dream Home exercise its right
to modify or discontinue the Service. User acknowledges and
accepts that For My Dream Home does not guarantee
continuous, uninterrupted or secure access to our website and
operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our
control.
6. Third-Party Sites
Our website includes links to other sites on the Internet
that are owned and operated by online companies, agencies and other third
parties. You acknowledge that we are not responsible for the
availability of, or the content located on or through, any
third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns
regarding such links or the content located on such sites. Your
use of these third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible
therein. We encourage all Users to review said privacy
policies of third-parties’ sites.
For My Dream Home makes no warranties or representations
whatsoever with regard to any product or service provided or offered by any
company, and you acknowledge that any reliance on representations
and warranties provided by any company shall be at your own risk.
7. Governing Jurisdiction of the Courts,
Delaware
Our website is operated and provided in the State of
Delaware. As such, we are subject to the laws of the State of
Delaware, and such laws will govern this Terms of Use, without
giving effect to any choice of law rules. We make no
representation that our website or other services are
appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so
subject to the internal laws of the State of Delaware.
8. Compliance with Laws.
User assumes all knowledge of applicable law and is
responsible for compliance with any such laws. User may not
use the Service in any way that violates applicable state,
federal, or international laws, regulations or other government
requirements. User further agrees not to transmit any material
that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any
applicable local, state, national, or international law or
regulation.
9. Copyright and Trademark Information
All content included or available on this site, including site
design, text, graphics, interfaces, and the selection and
arrangements thereof is ©2006 For My Dream Home.com, with
all rights reserved, or is the property of For My Dream Home and/or third parties protected by intellectual property
rights. Any use of materials on the website, including
reproduction for purposes other than those noted above,
modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of
any kind, without prior written permission of an authorized
officer of For My Dream Home is strictly prohibited. Users agree that they will not use any robot, spider, or other
automatic device, or manual process to monitor or copy our web
pages or the content contained therein without prior written
permission of an authorized officer of For My Dream Home.
For My Dream Home™ and For My Dream Home.com™ are
proprietary marks of For My Dream Home.com. For My Dream Home’s trademarks may not be used in connection with any
product or service that is not provided by For My Dream Home, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits
For My Dream Home.
All other trademarks displayed on For My Dream Home’s
website are the trademarks of their respective owners, and
constitute neither an endorsement nor a recommendation of those
companies. In addition, such use of trademarks or links to the web
sites of companies is not intended to imply, directly or
indirectly, that those companies endorse or have any affiliation
with For My Dream Home.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright
Revision Act, as enacted through the Digital Millennium
Copyright Act, For My Dream Home designates the following individual as its
agent for receipt of notifications of claimed copyright
infringement.
By Mail: 3838 Kennett Pike, Greenville, DE
19807
By Telephone: 302-571-8855
By Email: marian.larotonda@prufoxroach.com
11. Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other
provisions (and any partially-enforceable provision) shall not
be affected thereby and shall remain valid and enforceable to
the maximum possible extent. You agree that this Terms of Use
Agreement and any other agreements referenced herein may be
assigned by For My Dream Home, in our sole discretion, to
a third party in the event of a merger or acquisition. This
Terms of Use Agreement shall apply in addition to, and shall not
be superseded by, any other written agreement between us in
relation to your participation as a User. User agrees that
by accepting this Terms of Use Agreement, User is consenting
to the use and disclosure of their personally identifiable
information and other practices described in our Privacy Policy
Statement.
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