Real
Estate OR Notes on Homes,
Land, Rentals, Leases, Timeshares, all Commercial
and Residential Properties
How
can I help resolve your unwanted property obligations?
IBuyHomesAndNotes.com provides this internet web site
and the services offered on it (collectively, the Services)
under the following terms and conditions of service and use (the Terms).
Please read them carefully. You understand, agree and acknowledge
that your use and the Services provided to you are exclusively governed
by these Terms which cannot be modified by you. By accessing and using
the Services, you agree that you have read and understand the Terms
and that you agree to be bound by them, without limitation or qualification
and that no signatures are required to implement the Terms. As used
on this Web site, the terms we, us, or our
refer to IBuyHomesAndNotes.com. You refers to all users
of the web site. Sellers refers to users who list their
properties for sale on the web site.
1. ADDITIONAL TERMS; MODIFICATIONS
TO THE TERMS
IBuyHomesAndNotes.com may change the Terms from time to time without
prior notification to you. Each time you access the web site you will
be governed by the Terms then in effect. All of such changes will
be posted on the IBuyHomesAndNotes.com home page. If you object to
any such changes, your sole recourse shall be to cease using the Services.
Continued use of the Services following any such changes shall indicate
your acknowledgement of such changes and agreement to be bound by
the terms and conditions of such changes, without limitation or qualification.
In addition, when using particular portions of the Services, you will
be governed by additional terms which will appear when accessing such
Services. All such additional terms are herein incorporated by reference.
In the event of a conflict between such additional terms and these
Terms, such additional terms shall govern when you access such Services.
2. MODIFICATIONS TO THE SERVICES
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 acknowledgement of such changes and satisfaction
with the Services as so modified.
3. PRIVACY
As part of the registration process, Sellers will be asked to provide
certain personal information to us. You acknowledge, consent and agree
that IBuyHomesAndNotes.com may access, preserve, and disclose your
account information and Content only if and when 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 Terms; (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
IBuyHomesAndNotes.com, its users and the public. All uses of such
personal information will be in accordance with the provisions of
our Privacy Policy.
4. YOUR LISTING, PASSWORD AND
SECURITY
Sellers, you are responsible for maintaining the accuracy of the information
you provide as well as the quality of any pictures you provide. WE
CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM
YOUR FAILURE TO MAINTAIN PROPER INFORMATION OR TO OTHERWISE COMPLY
WITH THIS SECTION.
5. YOUR RESPONSIBILITIES
In providing us with information during the registration process,
you agree to provide true, accurate, current and complete information
as prompted 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 acknowledge that you are over 18 years of age
or otherwise are of legal age to form a binding contract. You are
responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of the Services
and all charges related thereto.
You agree not
to use the Services to do any of the following:
5.1.1. violate any local, state, national or international
law;
5.1.2. stalk, harass or harm another individual or communicate
with such individual after being advised to cease any such communications;
5.1.3. collect, harvest or store personal data about
other users including email addresses or contact Sellers for any purpose
other than responding to the content posted by such Sellers;
5.1.4. impersonate any person or entity, or otherwise
misrepresent your affiliation with a person or entity;
5.1.5. interfere with or disrupt the Services or servers
or networks connected to the IBuyHomesAndNotes.com Web site or the
other Services, or disobey any requirements, procedures, policies
or regulations of networks connected to the IBuyHomesAndNotes.com
web site; and
5.1.6. upload, submit, post, store or transmit any (a)
content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of anothers
privacy, hateful, racist, sexist, homophobic, or ethnically or otherwise
objectionable; (b) content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships; (c)
content that infringes the intellectual property rights of a third
party; or (d) material that contains software viruses or any other
computer code, files or programs, for example, worms, Trojan horses,
cancelbots, time bombs and the like, designed to interrupt, destroy
or limit the functionality of any computer software or hardware or
telecommunications equipment; (d) unsolicited advertising material,
notices or spam, junk mail, pyramid schemes,
chain letters or the like; (e) surveys that have not been approved
or cleared by us;or (f) contests or games of chance.
6. YOUR RESPONSIBILITIES IN
REGARD TO PROPERTY LISTINGS (if applicable):
6.1 Any SELLER who registers for our Monthly Property
Posting Plan is responsible for paying a $35.00 set up fee, plus $10.00
for each image and/or picture, with a monthly subscription fee of
$69.95 per month, SELLER'S who choose the monthly plan will be automatically
re-billed to their credit card every thirty days from the date the
ad is placed until the SELLER cancels the posting service. Payment
for a monthly listing shall be made by automatic credit card debit.
Users can cancel their listing by sending a cancellation request via
e-mail at least 1 business day prior to renewal date. Direct all cancellation
requests to: info@IBuyHomesAndNotes.com
6.2 Any Seller who registers for the Until Sold Plan
is responsible for paying a $35.00 set up fee, plus $10.00 for each
image and/or picture, and will be billed a one-time flat fee of $295.00
which entitles the Seller to maintain the property listing until sold.
The Seller is responsible for notifying IBuyHomesAndNotes.com of the
sale of the property to remove the listing from the web site.
6.3 Any Seller who registers for the Until Sold Plan
With an MLS Listing will be billed a one-time flat fee of $ 699.00
which entitles the Seller to maintain the property listing until sold
on the web site and the Seller will have his property listed on an
available local multiple listing service for six months accessible
by real estate brokers in the area. If you register for the MLS Service,
you acknowledge that the IBuyHomesAndNotes.com web site listing and
MLS listing are sold separately. MLS Listing applications must be
submitted promptly after receipt. There will be a cancellation charge
for early cancellation of the MLS Service. IBuyHomesAndNotes.com is
not a licensed real estate broker. All listings are handled by a local
Real Estate Agent in your area who act as independent contractors.
All MLS listings require a buyer's agency commission if a real estate
broker assists you to find a buyer. This is not a solicitation for
a listing broker if your property is already listed with a broker.
Georgia residents may be subject to a 0.12% MLS surcharge at close
of escrow. All IBuyHomesAndNotes.com customers are responsible for
correctly completing all paperwork necessary and applicable to their
local Multiple Listing Services prior to their ad becoming viewable
in their local MLS. There may be a delay (usually 4 to 6 business
days) in the activation of the MLS Listing.
7. INVESTOR LEAD PROGRAM
7.1 Any INVESTOR who registers for our Monthly Lead
Plan is responsible for paying a $35.00 set up fee, with the choice
of SINGLE LEADS or our SILVER, GOLD, OR PLATINUM Monthly Lead Service.
Investors who choose one of the monthly lead plans will be automatically
re-billed to their credit card every thirty days from the date started
until the INVESTOR cancels the lead service. Investors can cancel
their plan by sending a cancellation request via e-mail at least 1
business day prior to renewal date. Direct all cancellation requests
to: info@IBuyHomesAndNotes.com
7.2 Any INVESTOR who registers for the SILVER Lead Plan
A is responsible for a $35.00 NON-REFUNABLE Setup Fee as well as a
NON REFUNDABLE monthly lead fee of $199.00 for a minimum of 4 "any
area" leads per month which may be sold up to 3 times. OR, SILVER
Lead Plan B is responsible for a $35.00 NON-REFUNABLE Setup Fee as
well as a NON REFUNDABLE monthly lead fee of $299.00 for a minimum
of 4 "area (state) specific" leads per month which may be
sold up to 3 times.
7.3 Any INVESTOR who registers for the GOLD Lead Plan
is responsible for a $35.00 NON REFUNDABLE Setup Fee as well as a
NON REFUNDABLE monthly lead fee of $499.00 for a minimum of 12 "any
area" leads per month which may be sold 2 times. OR, GOLD Lead
Plan B is responsible for a $35.00 NON-REFUNABLE Setup Fee as well
as a NON REFUNDABLE monthly lead fee of $799.00 for a minimum of 12
"area specific" leads per month which may be sold up to
2 times.
7.4 Any INVESTOR who registers for the PLATINUM Lead
Plan A is responsible for a $35.00 NON REFUNDABLE Setup Fee as well
as a NON REFUNDABLE monthly lead fee of $799.00 for a minimum of 20
"any area" leads per month which will be sold only once.
OR, PLATINUM Lead Plan B is responsible for a $35.00 NON-REFUNABLE
Setup Fee as well as a NON REFUNDABLE monthly lead fee of $1299.00
for a minimum of 20 "area specific" leads per month which
may be sold only once.
7.5 Any INVESTOR may register for the right to buy individual
leads is responsible for a $35.00 NON REFUNDABLE Setup Fee as well
as a NON REFUNDABLE lead fee of $100.00 for an "any area"
(you choose the state) lead which will be sold only once. OR, a $35.00
NON REFUNDABLE Setup Fee as well as a NON REFUNDABLE lead fee of $150.00
for an "area specific" (you choose the city and state) lead
which will be sold only once.
7.6 Any Investor who wishes to purchase in any quantity
city specific leads contact info@ibuyhomesandnotes.com
for pricing.
8. THIRD PARTY CONTENT AND
MONITORING
We are a distributor (and not a publisher) of Content supplied by
third parties and users of the Services. Accordingly, we have no editorial
control over such Content. Any opinions, advice, statements, services,
offers, or other information or Content expressed or made available
by third parties, including information provided by other users of
the Services, are those of the respective author(s) or distributor(s)
of that information and not of IBuyHomesAndNotes.com. We neither endorse
nor are responsible for the accuracy or reliability of any opinion,
advice, information, or statement made on the IBuyHomesAndNotes.com
Web site by such parties. By posting, inputting or otherwise submitting
information to our web site, you are representing you are the rightful
owner of such information and are granting us the right, license and
privilege to use such information or data in any way we deem appropriate.
We have the right, but not the obligation, to monitor and review the
Content on the IBuyHomesAndNotes.com Web site and provided through
use of the Services and your account to determine compliance with
these Terms and any other operating rules established by us, to satisfy
any law, regulation or authorized government request, or for other
purposes. You understand and acknowledge that we do not pre-screen
or monitor Content for accuracy or reliability, but that we and our
designees shall have the right (but not the obligation) in our sole
discretion to remove any Content from the Services, without liability
to you for any reason. Without limiting the foregoing, we and our
designees shall have the right to remove any Content that violates
the Terms, that we believe may create liability for us, or that we
deem otherwise objectionable.
9. DEALINGS WITH PARTNERS AND
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 IBuyHomesAndNotes.com 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 ON OR THROUGH THE SERVICES.
10. EXTERNAL LINKS
Our provision of a link to any other Web site or location is for your
convenience and does not signify our endorsement of such other Web
site or location or its contents. Any concerns you may have regarding
any external link should be directed to that links Web site
administrator or webmaster. IBuyHomesAndNotes.com SHALL NOT BE LIABLE
FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB SITE,
INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH
INFORMATION.
11. NO SPAM
We do not condone or allow spam. We prohibit you from using the Services
to promote your own Web site or any business, product or service through
the sending of unsolicited email. We reserve the right to investigate
and terminate your rights under this Agreement.
12. NO RESALE OF SERVICE
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. The Services are provided for
your personal, noncommercial use only.
13. TERMINATION
You agree that we, in our sole discretion, may terminate your ad (or
any part thereof) or access to and use of any Services, and remove
and discard any information posted by you on or through any Services,
for any reason or no reason, with or without notice and effective
immediately, including, without limitation, if we believe you have
violated or acted inconsistently with the letter or spirit of the
Terms. You acknowledge and agree that we may immediately deactivate
or delete your account and all related information and files in your
account and/or bar any further access to such files or the Services.
FURTHER, YOU AGREE THAT WE 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.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT 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 EXPRESS,
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.
WE MAKE 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; (D) DEFECTS IN THE
SERVICES WILL BE CORRECTED; OR (E) THE IBuyHomesAndNotes.com WEB SITE
OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.
WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES
OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM IBuyHomesAndNotes.com OR THROUGH OR FROM THE SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED
UNDER APPLICABLE LAW, IN NO EVENT WILL IBuyHomesAndNotes.com 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:
15.2 the use or the inability to use the Services;
15.3 the cost of procurement of substitute goods and
services resulting from any goods, data, information or services purchased
or obtained or transactions entered into through or from the Services;
15.4 unauthorized access to or alteration of your transmissions
or data;
15.5 statements or conduct of any third party on or
through the Services, including threatening, defamatory, obscene,
offensive or illegal conduct or any infringement of anothers
rights, including intellectual property rights;
15.6 your failure to adequately safeguard your password
or access to the Services;
15.7 any Content you access through the services, including,
but not limited to, for any errors or omissions in any Content, or
your use of or reliance on any Content propvided, emailed or otherwise
transmitted through the Services;
15.8 termination of your access to or use of the Services
as provided herein;
15.9 the deletion or failure to store any information
or data, communications or Content maintained or transmitted by or
through the Services;
15.10 any modification, suspension or discontinuance
of the Services (or any part thereof) or these terms;
15.11 use of or reliance on any Content, goods or services
available on any other Web sites that you access through the Services;
and
15.12 any other matter relating to the Services or these
Terms.
16. 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 and disclaimers
may not apply to you. To the extent that we may not, as a matter of
applicable law, disclaim any implied warranty or limit its liabilities,
the scope and duration of such warranty and the extent of our liability
shall be the minimum permitted under such applicable law.
17. INDEMNIFICATION
You agree to indemnify, defend and hold harmless IBuyHomesAndNotes.com,
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 (1) any information
or Content (as defined below) that you (or anyone using your account)
submits, posts or transmits through the Services, (2) your (or anyone
using your accounts) use of the Services, (3) your (or anyone
using your accounts) violation of these Terms, (4) your (or
anyone using your accounts) violation of any rights of any other
person or entity or (5) any viruses, trojan horses, worms, time bombs,
cancel bots or other similar harmful or deleterious programming routines
input by you into the IBuyHomesAndNotes.com Web site or other Services.
18. TRADEMARKS
Certain names, logos, and other materials displayed on the IBuyHomesAndNotes.com
Web site and in and through the Services constitute trademarks, trade
names, service marks or logos (Marks) of IBuyHomesAndNotes.com
or other entities. 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.
19. COPYRIGHTS; RESTRICTIONS
ON USE
The content of the Services, including without limitation, text, software,
music, sound, photos, graphics, video, page layout and design and
other material contained in the Services or information presented
through the Services by IBuyHomesAndNotes.com or its licensors (the
Content), is copyrighted by IBuyHomesAndNotes.com 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 IBuyHomesAndNotes.com
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
IBuyHomesAndNotes.com and our applicable licensors. You must abide
by all copyright notices, information, or restrictions contained in
or attached to any Content. 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 advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by IBuyHomesAndNotes.com
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. IBuyHomesAndNotes.com 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 of, 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,
or 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 IBuyHomesAndNotes.com for use in accessing
the Service.
20. LICENSE
You hereby grant to IBuyHomesAndNotes.com and its successors and assigns,
a worldwide, perpetual, irrevocable, royalty-free, sublicenseable
right, in any media now known or currently known, to exercise all
copyright and other intellectual property rights with respect the
Content you provide to us to be published on the IBuyHomesAndNotes.com
Web site or on or through the Services 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. The foregoing
does not apply to Content contained on hyper linked pages or any other
Content you do not submit to us.
21. MISCELLANEOUS
The Terms constitute the entire and exclusive and final statement
of the agreement between you and IBuyHomesAndNotes.com with respect
to the subject matter hereof, and govern your use of the Services,
superseding any prior agreements or negotiations between you and IBuyHomesAndNotes.com
with respect to the subject matter hereof. The Terms and the relationship
between you and IBuyHomesAndNotes.com shall be governed by the laws
of the State of New York as applied to agreements made, entered into
and performed entirely in New York by New York residents, notwithstanding
your actual place of residence. 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 New York County, New York
and you hereby irrevocably submit to the exclusive personal jurisdiction
of such courts for such purpose. Service of Process in any such action
may be effected either by certified mail, return receipt requested
or by recognized national private carrier where you or your authorized
agent accept delivery of such service of process. 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.
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 Services
or the Terms must be filed within one (1) year after such claim or
cause of action arose or be forever barred. The section titles in
the Terms are for convenience only and have no legal or contractual
effect.
22. VIOLATIONS
Please report any violations of the Terms to us at
info@IBuyHomesAndNotes.com.