Terms & Conditions
THE FOLLOWING DESCRIBES THE TERMS ON WHICH 123HOMEZONE.COM OFFERS YOU ACCESS TO OUR SERVICES.
The services (the "Services") available at http://www.123homezone.com (the "Site") are provided to you ("You") under the following terms and conditions (the "Terms"). By using the Site you accept and agree to the Terms, including any amendments, updates, or changes to any rules or policies as well as to the point that the Site will not be liable to you or any third-party for any modification or discontinuance of the Site. If you do not agree to be bound by the Terms do not use or access our Services. 123HomeZone may amend this Terms at any time by posting the amended terms and conditions on the Site. The Terms may not be otherwise amended except in writing signed by You and 123HomeZone.
123HomeZone Services
123HomeZone.com matches requests of potential customers ("Customers") and individuals or/and entities that offer products or services via the Service Professionals ("Businesses") and may be able to meet customer needs. 123HomeZone.com is not involved in the actual transaction between Customers and Businesses. Consequently, 123HomeZone.com cannot ensure that a transaction will occur. Further, if a transaction does occur, 123HomeZone.com has no control over the quality, safety or legality of the item or service sold. The Site acts as the venue for You to submit requests to Businesses that may respond to your requests. Submitting requests and reviewing responses are free for Customers. All charges attributed to this service are imposed on the Businesses that respond to requests. The Businesses are not employees or agents of 123HomeZone, nor is 123HomeZone an agent of the Businesses. 123HomeZone does not perform, and is not responsible for, any of the services requested by you in your service request. Should you have a dispute with any of the Businesses, you must address the dispute to that of the Businesses directly, AND YOU HEREBY AGREE TO RELEASE 123HOMEZONE (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE 123HOMEZONE MATCHING UTILITY) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
Conduct
Please use common sense and practice safe trading when using the Service. You agree to provide true, accurate, current and complete information to 123HomeZone and Businesses when using the Service. You agree to notify 123HomeZone immediately of any unauthorized use of your email or any other breach of security. 123HomeZone will not be liable for any loss or damage arising from your failure to comply.
You agree not to use the Services:
- For any purpose in violation of local, state, national, or international laws;
- To request the purchase of firearms;
- In a manner that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- To transmit, post or make available any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by 123HomeZone Service in its sole discretion;
- To transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "affiliate marketing", "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
- For anyone else's email address and You may not allow anyone else to use your email address while using the Service;
- To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- To post improper responses;
- To "stalk" or otherwise harass another;
- To distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or telecommunications equipment;
- To engage in any other conduct that inhibits any other person from using or enjoying 123HomeZone and which negatively affects the user experience;
- For posting advertising or solicitation in categories that are not appropriate, or posting the same item or service in more than one category or more often than once a week, or posting the same ad in multiple cities on the Site;
- For posting adult content or explicit adult material unless such material is specifically permitted in designated adult categories and permitted under applicable law;
- For posting any ad for products or services, use or sale of which is prohibited by any law or regulation;
- For sending mail, e-mail, voice messages or faxes to solicit any product or service to a user of the Site unless the user has granted permission in his ad or otherwise allowing contact for solicitation;
- For deleting or revising any material posted by any other user;
- For interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
- For utilizing any automated device, spider, software or routine which can interfere with the proper working of the Site;
- For sending messages or engaging in disruptive activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;
- For attempting or having unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes;
- For attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site;
- For discriminating on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or referring to such matters in any manner prohibited by law;
- For posting any ads or messages which violate any law or regulation;
You acknowledge that 123HomeZone screens your requests to the Businesses and has the right (but not the obligation) in our sole discretion to deny any request or remove any content that is in violation of these Terms.
Please report any violations of these Terms here
Privacy
The Site has created a privacy policy setting forth how information concerning you is collected, used and stored. Your use of the Site constitutes acknowledgment and agreement with our privacy policy. You further acknowledge and agree that the Site may use your personal information in the manner described in our Privacy Policy.
Content
The Site assumes no responsibility for the accuracy, currency, completeness or usefulness of information, articles, tips, views, reports, opinions or advice in any material (the "Content") contained on the Site. Note that You take all the risks for both how you use the materials from the Site and the consequences involved.
Any information posted on the Site is the responsibility of the person or persons posting the message. The Site does not endorse any opinions or recommendations posted by users. Any user who violates the Terms may be permanently banned from posting ads or using the Site. Any postings, messages, advertisements, photos, sounds, images, text, files, video or other materials (the "Posted Content") posted on, transmitted through, or linked from the Site, are solely the responsibility of the person posting the Posted Content. You agree that the Site does not pre-screen, monitor or approve any Posted Content, but that the Site shall have the right, but not the obligation to remove, refuse, edit or delete any Content for any reason whatsoever. The Site shall not be responsible for any interactions or dealings between you and the other users of the Site. The Site is under no obligation to get involved in any disputes between you and other users of the Site or between you and any other third parties.
You are entirely responsible and liable for any ad content you post or any ad that is posted through your Account.
Any ads or messages that you post or transmit to the Site (other than personally identifiable information), will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by the Site or our affiliates, without your review or approval, for any purpose whatsoever. You grant the Site (and our affiliates) the irrevocable right to use and/or edit your ads and messages, without your review or approval, for any purpose whatsoever. This right is exercised without limitation and includes reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.
Third Party Content, Sites, and Services
The links to third party sites in the 123HomeZone Web site are out of 123HomeZone's control. 123HomeZone is not responsible for the contents, applications, software, programs, information, databases and functionality of any linked site, any link contained in a linked site as well as any changes or updates to such sites. 123HomeZone is not responsible for web casting or any other form of transmission received from any linked site. You should see the terms and conditions of such linked sites.
Fair Housing
According to the Civil Rights Act of 1968 (Fair Housing Act), Title VIII, as amended, it is prohibited to discriminate in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). The Site will not knowingly accept any real estate advertising which is in violation of any applicable law. Users are hereby informed that all dwellings advertised on the Site are available on an equal opportunity basis.
Thus, You must not submit or post any ad which has any discrimination based on race, color, national origin, religion, sex, sexual orientation, familial status and /or handicap/disability. If you see any ad or posting containing discrimination based on any of the above factors, you are encouraged, in addition to contacting Housing and Urban Development (HUD). You understand that we shall have the right, but not the obligation, to remove or delete any ad.
Jurisdiction and Choice of Law
These Terms shall be governed by, construed and enforced in accordance with the Laws of the State of Illinois. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought and maintained only in courts located in Cook County, Illinois, and you expressly consent to the jurisdiction of said courts. You also 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 Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
123HomeZone's Proprietary Rights
You acknowledge and agree that the Site and Service and any necessary software used in connection with the Site or Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content on the Site or presented to you through the Service is protected by copyrights, trademarks, patents and other proprietary rights and laws. Except as expressly authorized by 123HomeZone, you agree not to modify, sell, distribute or create derivative works based on the Sites, Service or software, in whole or part.
Modifications of the Terms
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these Terms on a regular basis to keep yourself apprised of any changes.
Warranty Disclaimer
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK, INCLUDING THE USE OF ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED. THE SITE SHALL NOT BE RESPONSIBLE FOR ANY POSTED CONTENT FOUND THERE. THE SITE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY THAT ITS POSTED CONTENT OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECTS OR ERROR FREE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
THE SITE CANNOT be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of information, services and products available to you on this Site. All these may contain errors and are subject to periods of interruption, although the Site does its best to maintain the information, services and products it offers on the Site.
IN NO EVENT SHALL THE 123HOMEZONE OR OUR AFFILIATES, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO:
- THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS SITE;
- ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE;
- ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE SITE.
BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY SITE'S ACTIVITIES.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE.
Copyright and Trademarks
All materials on the Site, including without limitation, logos, images, text, and illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to the Site or owned by other parties who have posted on the Site. Materials from the Site and from any other web site owned, operated, controlled, or licensed by the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
In posting content on the Site, you grant the Site, and its owners and licensees, the right to reproduce, distribute, translate, archive and create derivative works of the posted content.
Users may not use the Site to infringe upon the patent, copyright, trademark, or intellectual property rights of others. Please notify us if you believe your work has been copied.
Indemnification
YOU AGREE TO INDEMNIFY 123HOMEZONE, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE 123HOMEZONE SERVICES OR IN CONNECTION WITH THE 123HOMEZONE WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
You agree to indemnify and hold 123HomeZone, affiliates, officers, employees, agents, and other partners, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of the following:
- Your use of the Services;
- Use of Your account by any third party;
- Your purchase or use of products or services offered by the Businesses;
- Violation of the Terms by You;
- Infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.