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Please read
this Agreement of Terms of Use ("Agreement") carefully. By accessing this Web site
and any pages hereof, you agree to be bound by the terms and conditions below. This
Agreement contains an agreement to arbitrate all claims and disclaimers of warranties
and liability. If you do not agree with the terms and conditions of this Agreement
and TurboHomeValue.com's Privacy Policy located at www.TurboHomevalues.com/Privacy.aspx ("Privacy Policy"),
please do not access or use www.TurboHomeValues.com.
This Agreement sets
forth the terms and conditions that apply to your access and use of the Internet
Web sites owned and operated by TurboHomeValues.com, a Virginia company ("TurboHomeValues.com
") and its affiliates, including, but not limited, to the Web site located at URL
TurboHomeValues.com ("www.TurboHomeValues.com "). By visiting, using and/or submitting
information to TurboHomeValues.com, you agree to be bound by the terms and conditions
of this Agreement and TurboHomeValues.com's Privacy Policy, including any changes
or revisions to this Agreement, and TurboHomeValues.com's Privacy Policy, which
TurboHomeValues.com, in its sole discretion, may make in the future.
Your Compliance with this Agreement
You represent that you have the capacity to be bound by this Agreement, or if you
are acting on behalf of a company or other entity, you have the authority to bind
such company or entity. In order to determine your compliance with this Agreement,
TurboHomeValues.com may monitor your access and use of TurboHomeValues.com in accordance
with TurboHomeValues.com's Privacy Policy.
Your Access and Use of TurboHomeValues.com
Your right to access and use TurboHomeValues.com is personal to you and is not transferable
by you to any other person or entity. You are only entitled to access and use TurboHomeValues.com
for lawful purposes and pursuant to the terms and conditions of this Agreement and
TurboHomeValues.com's Privacy Policy.
Your access and use
of TurboHomeValues.com may be interrupted from time to time for any of several reasons,
including, without limitation, the malfunction of equipment, periodic updating,
maintenance or repair of TurboHomeValues.com or other actions that TurboHomeValues.com,
in its sole discretion, may elect to take. TurboHomeValues.com reserves the right
to suspend or discontinue the availability of TurboHomeValues.com and/or any portion
or feature of TurboHomeValues.com at any time in its sole discretion and without
prior notice.
Any action by you
that, in TurboHomeValues.com's sole discretion: (i) violates the terms and conditions
of this Agreement and/or TurboHomeValues.com's Privacy Policy; (ii) restricts, inhibits
or prevents any access, use or enjoyment of TurboHomeValues.com; or (iii) through
the use of TurboHomeValues.com, defames, abuses, harasses, offends or threatens,
shall not be permitted, and may result in your loss of the right to access and use
TurboHomeValues.com. You shall not
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tag, provide links to, or frame TurboHomeValues.com without the prior express written
permission of TurboHomeValues.com.
Public Forums
TurboHomeValues.com may act as a venue, through its chat rooms, bulletin boards
and other forums (collectively, the "Forums"), allowing the public to contribute
information and make statements. TurboHomeValues.com is not involved in the actual
transmission of information and statements provided for in the Forums. As a result,
TurboHomeValues.com does not approve or endorse any information or statements in
the Forums, and you hereby acknowledge and agree that TurboHomeValues.com has no
control over the quality, correctness, timeliness, safety, truth, accuracy or legality
of any information provided for by you or any other person or entity in the Forums.
You may find information posted in the Forums by other users to be offensive, harmful,
inaccurate or deceptive. Please use caution and common sense, and do not rely solely
on information or statements published in the Forums. Without limiting the generality
of the foregoing, and although TurboHomeValues.com does not regularly review information
provided for in the Forums, TurboHomeValues.com reserves the right, but not the
obligation, to remove or edit any information in the Forums.
Immediately report
problems with the Forums to TurboHomeValues.com at
info@turbohomevalues.com.
Transmissions, Submissions and Postings to TurboHomeValues.com
If you transmit, submit or post information to TurboHomeValues.com that is not federally
trademarked and/or copyrighted, you automatically grant TurboHomeValues.com and
its affiliates the worldwide, fully paid, royalty-free, exclusive right and license
to use, copy, format, adapt, publish and/or incorporate any or all such information
in any media whatsoever, including, without limitation, the Content (as defined
below). Provided that you have obtained prior written permission from TurboHomeValues.com
to transmit, submit or post information to TurboHomeValues.com that is federally
trademarked and/or copyrighted, you automatically grant TurboHomeValues.com and
its affiliates the worldwide, fully paid, royalty-free right to use, copy, format,
adapt, publish and/or incorporate any or all such information in any media whatsoever,
including, without limitation, the Content.
You shall not transmit,
submit or post the following to TurboHomeValues.com:
·
information that infringes TurboHomeValues.com's
or any third party's copyright, patent, trademark, trade secret or other proprietary
rights;
·
information that violates any law, statute,
ordinance or regulation;
·
information that is trade-libelous, unlawfully
threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise
injurious to TurboHomeValues.com or third parties or that infringes on TurboHomeValues.com's
or any third party's rights of publicity or privacy;
·
information that contains any viruses, worms,
Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other
code or computer programming routines that contain contaminating or destructive
properties or that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
·
information containing or constituting chain
letters, mass mailings, political campaigning, or any form of "spam";
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information that is false, inaccurate or misleading;
·
commercial advertisements or solicitations
without written permission from TurboHomeValues.com; or
·
federally trademarked and/or copyrighted information
without written permission from TurboHomeValues.com.
Although TurboHomeValues.com
does not regularly review your transmissions, submissions or postings, TurboHomeValues.com
reserves the right (but not the obligation) to edit, refuse to post or remove your
transmissions, submissions or postings. Pursuant to TurboHomeValues.com's Privacy
Policy, TurboHomeValues.com may review transmissions, submissions or postings made
by you to determine, in its sole discretion, your compliance with this Agreement.
TurboHomeValues.com's Intellectual Property Rights
The names "TurboHomeValues.com", www.TurboHomeValues.com, “TurboHomeSearch.com”,
“TurboMortgageGroup.com”, and TurboHomeValues.com's graphics, logos, page headers,
button icons, scripts and service names are trademarks or trade dress of TurboHomeValues.com
or its subsidiaries, in the United States and/or other countries (collectively,
the "Proprietary Marks"). You may not use the Proprietary Marks without the prior
express written permission of TurboHomeValues.com, which permission may be withheld
in TurboHomeValues.com's sole discretion. TurboHomeValues.com makes no proprietary
claim to any third-party names, trademarks or service marks appearing on
TurboHomeValues.com, except for TurboHomeSearch.com and TurboMortgageGroup.com.
Any third-party names, trademarks, and service marks are property of their respective
owners.
The information,
advice, data, software and content viewable on, contained in, or downloadable from,
TurboHomeValues.com (collectively, the "Content"), including, without limitation,
all text, graphics, charts, pictures, photographs, images, line art, icons, renditions
and floor plans, are copyrighted by, or otherwise licensed to, TurboHomeValues.com
or its Content suppliers. TurboHomeValues.com also owns a copyright of a collective
work in the selection, coordination, arrangement, presentation, display and enhancement
of the Content (the "Collective Work"). All software used on TurboHomeValues.com
(the "Software") is the property of TurboHomeValues.com or its software vendors
and is protected by
United States
and international copyright laws. Viewing, reading, printing, downloading or otherwise
using the Content and/or the Collective Work does not entitle you to any ownership
or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely
responsible for any damage resulting from your infringement of TurboHomeValues.com's
or any third party's intellectual property rights regarding the Trademarks, the
Content, the Collective Work, the Software and/or any other harm incurred by TurboHomeValues.com
or its affiliates as a direct or indirect result of your copying, distributing,
redistributing, transmitting, publishing or using the same for purposes that are
contrary to the terms and conditions of this Agreement.
Your Use of the Content
TurboHomeValues.com grants you a limited license to access, print, e-mail, download
or otherwise make personal use the Content and the Collective Work in the form of:
(i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for
your noncommercial use; provided, however, that you shall not delete any proprietary
notices or materials with regard to the foregoing manifestations of the Content
and the Collective Work. You may not modify the Content or the Collective Work or
utilize them for any commercial purpose or any other public display, performance,
sale, or rental, decompile, reverse engineer, or disassemble the Content and the
Collective Work, or transfer the Content or the Collective Work to another person
or entity.
Except as otherwise
permitted under the copyright laws of the United States, no other copying, distribution,
redistribution, transmission, publication or use, other than the noncommercial use
of the Content and the Collective Work as permitted by this Agreement, is permitted
by you without the express prior written permission of TurboHomeValues.com, which
permission may be withheld in TurboHomeValues.com's sole discretion.
You may not use any
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tags or any other "hidden text" utilizing TurboHomeValues.com's name or trademarks
without the express written permission of TurboHomeValues.com, which permission
may be withheld in TurboHomeValues.com's sole discretion.
Access and Interference
TurboHomeValues.com contains robot-exclusion headers. You agree that you will not
use any robot, spider, scraper, deep link or other similar automated data gathering
or extraction tools, program, algorithm or methodology to access, acquire, copy
or monitor TurboHomeValues.com or any portion of TurboHomeValues.com or for any
other purpose, without TurboHomeValues.com's express written permission which may
be withheld in TurboHomeValues.com's sole discretion. Additionally, you agree that
you will not: (i) take any action that imposes, or may impose in TurboHomeValues.com's
sole discretion an unreasonable or disproportionately large load on TurboHomeValues.com's
infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute
or publicly display any content (except for your personal information) from TurboHomeValues.com
without the prior written permission of TurboHomeValues.com and the appropriate
third party, as applicable; (iii) interfere or attempt to interfere with the proper
working of TurboHomeValues.com or any activities conducted on TurboHomeValues.com;
or (iv) bypass TurboHomeValues.com's robot exclusion headers or other measures TurboHomeValues.com
may use to prevent or restrict access to TurboHomeValues.com.
Electronic Communications
When you visit TurboHomeValues.com or send e-mail to TurboHomeValues.com, you are
communicating with TurboHomeValues.com electronically. You consent to receive communications
from TurboHomeValues.com electronically. Although TurboHomeValues.com may choose
to communicate with you by regular mail, TurboHomeValues.com may also choose to
communicate with you by e-mail or by posting notices on TurboHomeValues.com. You
agree that all agreements, notices, disclosures and other communications that TurboHomeValues.com
provides to you electronically satisfy any legal requirement that such communications
be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware,
Internet access services and other equipment or services needed to access and use
TurboHomeValues.com, and all costs and fees associated with Internet access or long-distance
charges incurred with regard to your access and use of TurboHomeValues.com.
Third Party Links
There may be provided on TurboHomeValues.com links to other Web sites belonging
to TurboHomeValues.com's advertisers, business partners, affiliates and other third
parties. Such links do not constitute an endorsement by TurboHomeValues.com of those
Web sites, nor the products or services listed on those Web sites. TurboHomeValues.com
is not responsible for the activities or policies of those Web sites. TurboHomeValues.com
does not endorse or recommend the products of any particular advertiser, business
partner, affiliate or other third party. TurboHomeValues.com does not guarantee
the accuracy of the market assessments of property value and/or property value ranges
on TurboHomeValues.com.
TurboHomeValues.com provides a compilation of publically available data based on
the input from you, the user, and makes no representations or warranties as to the
relevance, accuracy or correctness.
TurboHomeValues.com Makes No Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH TURBOHOMEVALUES.COM ARE
PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. TURBOHOMEVALUES.COM MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF TURBOHOMEVALUES.COM OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES
INCLUDED ON OR ASSOCIATED WITH TURBOHOMEVALUES.COM. YOU EXPRESSLY AGREE THAT YOUR
USE OF TURBOHOMEVALUES.COM AND ALL PRODUCTS AND SERVICES INCLUDED ON
OR ASSOCIATED WITH TURBOHOMEVALUES.COM IS AT YOUR SOLE RISK.
TURBOHOMEVALUES.COM
DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED,
REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES
AND PRODUCTS ASSOCIATED WITH TURBOHOMEVALUES.COM, NOR THE SAFETY, RELIABILITY, TITLE,
TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH TURBOHOMEVALUES.COM.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS
OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH TURBOHOMEVALUES.COM.
TURBOHOMEVALUES.COM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT
THAT MAY BE AVAILABLE FOR DOWNLOADING FROM TURBOHOMEVALUES.COM IS FREE OF INFECTION
FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME
BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING
OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE
WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
The Content is intended
only to assist you with financial decisions and is broad in scope and does not consider
your personal financial situation. Your personal financial situation is unique and
the information and advice may not be appropriate for your situation. Accordingly,
before making any final decisions or implementing any financial strategy, TurboHomeValues.com
recommends that you obtain additional information and advice of your accountant,
real estate agent, appraiser, mortgage lender/broker and other financial advisers
who are fully aware of your individual circumstances.
Limitations on TurboHomeValues.com's Liability
TURBOHOMEVALUES.COM SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY
THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,
FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS
OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH
OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND
USE OF TURBOHOMEVALUES.COM; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS
OR USE TURBOHOMEVALUES.COM FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT
OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT
OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES
OBTAINED THROUGH TURBOHOMEVALUES.COM, OR OTHERWISE ARISING OUT OF THE USE OF TURBOHOMEVALUES.COM,
WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TURBOHOMEVALUES.COM AND/OR ITS
SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Certain state laws
do not allow limitations on implied warranties or the exclusion or limitation of
certain damages. If these laws apply to you, some or all of the above disclaimers,
exclusions or limitations may not apply to you.
Your Indemnification of TurboHomeValues.com
You shall defend, indemnify and hold harmless TurboHomeValues.com and its officers,
directors, shareholders, employees, independent contractors, agents, representatives
and affiliates from and against all claims and expenses, including, but not limited
to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation
of this Agreement by you; (ii) your failure to provide accurate, complete and current
personally identifiable information requested or required by TurboHomeValues.com;
(iii) your access or use of TurboHomeValues.com; and/or (iv) access or use of TurboHomeValues.com
under any password that may be issued to you.
Amendments of this Agreement
TurboHomeValues.com reserves the right to update, amend and/or change this Agreement
at any time in its sole discretion and without notice. Updates to this Agreement
will be posted here. You are encouraged to revisit this Agreement from time to time
in order to review any changes that have been made. TurboHomeValues.com's last update
was October 15, 2007. Your continued access and use of TurboHomeValues.com following
the posting of any such changes shall automatically be deemed your acceptance of
all changes.
TurboHomeValues.com's Remedies
You acknowledge that TurboHomeValues.com may be irreparably damaged if this Agreement
is not specifically enforced, and damages at law would be an inadequate remedy.
Therefore, in the event of a breach or threatened breach of any provision of this
Agreement by you, TurboHomeValues.com shall be entitled, in addition to all rights
and remedies, to an injunction restraining such breach or threatened breach, without
being required to show any actual damage or to post an injunction bond, and/or to
a decree for specific performance of the provisions of this Agreement. For purposes
of this Section, you agree that any action or proceeding with regard to such injunction
restraining such breach or threatened breach shall be brought in the courts of record
of
Alexandria, Virginia
. You consent to the jurisdiction of such court and waive any objection to the laying
of the venue of any such action or proceeding in such court. You agree that service
of any court paper may be effected on such party by mail or in such other manner
as may be provided under applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
This Agreement is to be governed by and construed in accordance with the internal
laws of the
Commonwealth of Virginia
, without regard for principles of conflicts of laws. Any civil action, claim, dispute
or proceeding arising out of or relating to this Agreement, except for an injunctive
action regarding a breach or threatened breach of any provision of this Agreement
by you as provided above, shall be referred to final and binding arbitration, before
a single arbitrator, under the commercial arbitration rules of The Virginia Uniform
Arbitration Act.
THEREFORE, YOU DO NOT HAVE THE
OPPORTUNITY
TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE
IN OR BRING CLASS ACTIONS. BY USING TURBOHOMEVALUES.COM YOU CONSENT TO THESE RESTRICTIONS.
You and TurboHomeValues.com
shall select the arbitrator, and if you and TurboHomeValues.com are unable to reach
agreement on selection of the arbitrator within thirty (30) days after the notice
of arbitration is served, then the American Arbitration Association shall select
the arbitrator. Arbitration shall not commence until the party requesting it has
deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's
fees and costs. The party requesting arbitration shall advance such sums as are
required from time to time by the arbitrator to pay the arbitrator's fees and costs
until the prevailing party is determined or the parties have agreed in writing to
an alternate allocation of fees and costs.
Should a Dispute
arise and should the arbitration provisions herein become inapplicable or unenforceable,
or in any instance of any lawsuit between you and TurboHomeValues.com, jurisdiction
over and venue of any suit shall be exclusively in the state and federal courts
sitting in
Alexandria, Virginia
.
Judgment upon any
award rendered by the arbitrator shall be final, binding and conclusive upon you
and TurboHomeValues.com and your and TurboHomeValues.com's respective administrators,
executors, legal representatives, successors and assigns, and may be entered in
any court of competent jurisdiction. Notwithstanding the previous sentence, in no
event shall either you or TurboHomeValues.com be entitled to punitive damages and
both you and TurboHomeValues.com hereby waive your and TurboHomeValues.com's respective
rights to any punitive, special, indirect or consequential damages, including, but
not limited to, damages for any loss of profit, revenue or business.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any
arbitrator or court of competent jurisdiction, this Agreement as a whole shall not
be deemed unlawful, void or unenforceable, but only that portion of this Agreement
that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained
in this Agreement are for convenience of reference only, are not to be considered
a part of this Agreement, and shall not limit or otherwise affect in any way the
meaning or interpretation of this Agreement.
All covenants, agreements,
representations and warranties made in this Agreement, as may be amended by TurboHomeValues.com
from time to time, shall survive your acceptance of this Agreement and the termination
of this Agreement.
This Agreement and
TurboHomeValues.com's Privacy Policy located at the URL TurboHomeValues.com/Privacy.aspx represent the entire understanding and agreement
between you and TurboHomeValues.com regarding the subject matter of the same, and
supersede all other previous agreements, understandings and/or representations regarding
the same.
If you have questions,
comments, concerns o feedback regarding this Agreement or TurboHomeValues.com, please
contact us via any of the methods set forth below:
·
telephone: (877) 887-2655
·
fax: (703) 656-4748
·
mail: TurboHomeValues.com,
803 Enderby Drive, Alexandria, VA 22302
·
e-mail: info@turbohomevalues.com
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