Please read this Terms of Use ("ToU") carefully. If you
do not accept the terms stated in the ToU, do not use
http://www.xyz-homes.com ("Website"). We may
change, add or remove portions of the ToU, based on our sole
discretion, at any time without notice to you. It is your
responsibility to check the ToU each time before using the
website. If you find any changes in the ToU that are
unacceptable, you should discontinue your use of the Website
immediately.
You may visit other websites or resources, which are
not owned or controlled by XYZ Home Solutions, LLC ("XYZ-HomeS"),
through links provide by the Services or on the Website. In
these cases, XYZ-HomeS is not responsible for the content,
services, products or other materials on or available form
those website or resources. XYZ-HomeS is not liable for any
damages or loses in connection with use of third party's
website, content, products or services.
Content of the Website refers to all
information includes but not limited to, data,
media, software, text, images, graphics, user
interfaces, music, sound, videos, photographs,
trademarks, logos, artwork, advertisements,
design, layout, arrangement, ideas, concepts,
techniques or anything else on the Website.
Content may obtained from our own sources or
from third party sources, or provide by third
parties or users.
The Services include, but not limited to,
various communicates tools, forums, listing
services, shopping services, searching services,
personalized content, web page, web based
programming services.
XYZ-HomeS reserves the right to add, remove,
modify or discontinue any portion of Content or
any part of services at any time with or without
notice to you.
You must be at lest 18 years old to open an
account.
If you open an account in consideration of
use of our services, you must provide us true,
current, complete and accurate information as
prompted by the applicable registration form,
and you will maintain and promptly update to
keep it true, current, complete and accurate.
You are fully responsible for maintaining
the confidentiality of your account information
including password, and for all activities that
occur under your account.
You agree to notify XYZ-HomeS immediately of
any unauthorized use of your account or any
other breach of security. XYZ-HomeS will not be
liable for any loss that you may incur as a
result of someone else using your password and
account.
You may not use anyone else's password and
account at any time without the permission of
the account owner.
You may not attempt to gain unauthorized
access to anyone else's account by using any
methods.
XYZ-HomeS reserves right to suspend or
terminate your account and refuse you to access
to the Website for any reason, including without
limitation: 1) providing information that XYZ-HomeS
has reasonable grounds to suspect is false,
inaccurate, not current, or incomplete; 2)
attempting or assistance to others' attempting
to gain unauthorized access to the Website; 3)
overcoming software security features limiting
use of or protecting any content; 4)
discontinuing and modifying all or any portions
of the Website; 5) failure to pay for purchases
and/or service charge; 6) suspected or actual
copyright infringement; 7) unexpected
operational difficulties; 8) requesting by law
enforcement or other government agencies; 9)
violations of this ToU.
The Services or the Website are provided to let
you, obtain various of information, communicate with
others or store personal information and data. By
way of example, and not as a limitation, you agree
to not use the Services and the Website
intentionally or unintentionally to:
Publish, email, post, upload or use any
other methods to make available any Content that
is unlawful, violate the legal rights of others,
harmful, inappropriate to others. or otherwise
objectionable topic, name, materials or
information.
Publish, email, post, upload or use any
other methods to make available junk email,
spamming, chain letters, surveys, contests,
pyramid schemes, duplicative messages,
promotional materials or unsolicited or
unauthorized advertising, massage, materials or
anything else
Publish, email, post, upload or use any
other methods to make available any Content that
is protected by intellectual property laws like
(not limited to) copyright and trademark, or
other proprietary right of any party unless you
have right to make available.>
Publish, email, post, upload or use any
other methods to make available any Content that
is infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any
party.
violate or disobey or infringe any
applicable laws (local, national or
international) or regulations or policies or
procedures or requirements.
interfere with or disrupt the Services or
servers or networks connected to the Server,
restrict or inhibit or disrupt any other user
from using the Services, or otherwise act in a
manner that negatively affects operation and
management of servers, or other user's ability
to engage in real time exchanges.
use any methods to make available any
materials contains viruses, worms, cancelbots
corrupted files or any other files or programs
or codes to damage or interrupt or limit the
functionality of another's computer software or
hardware or other property.
collect other user's information.
create incorrect information for the purpose
of misleading others.
List and sell item(s) you are not legally
able to list and sell.
XYZ-Homes has no obligation to monitor your
actions and the Content you make available. However,
XYZ-HomeS receives the right to review, remove, add,
modify or refuse any Content that are available via
the Services and on the Website in its sole
discretion.
You must always be caution when you use our Services
and the Website. You understand and agree that you
solely and entirely responsible for all Content that
you make available via the Services and the Website.
You agree to indemnify, defend and hold XYZ-HomeS,
and its subsidiaries, affiliates, officers, agents,
co-branders, partners, and employees, harmless from
any clam or demand, including reasonable attorneys'
fees, made by any third party due to or arising out
of Content your submit, post or otherwise make
available through our Services, your use of the
services or the Website, your violation of the ToU,
your violation of any right of others or your
violation of any applicable lows.
XYZ-HomeS receives right to disclose any
information and Content at any time as XYZ-HomeS
deems necessary in its sole discretion to satisfy
any applicable law, legal process, regulations,
governmental request.
Content
provided to XYZ-HomeS or posted to the Website
You represent and warrant that you own or
otherwise control all of the rights to the
Content that you submitted to XYZ-HomeS or
posted to the Website.
Unless otherwise specified, XYZ-Homes does not
claim ownership of the Content you provide to
XYZ-HomeS or post to the Website. However, if
you post or submit Content, you grant XYZ-Homes,
its affiliates and sublicenses nonexclusive,
royalty-free, perpetual, irrevocable license
rights to edit, modify, copy, reproduce, adapt,
publish, translate, reformat, publicly display
such Content throughout the world.
Content on the Website is owned or licensed
by or to XYZ-HomeS, and is protected by
copyright, trade dress, and trademark laws, and
various other intellectual property rights laws.
XYZ-HomeS, XYZ-Home Solutions, XYZ Home
Solutions, xyzhomesolutions,
xyshomesolutions.com, xyz-homes logo and other
marks are trademarks of the company (XYZ Home
Solutions, LLC), which may not be used by any
user in connection with any products, services
that is not offered by XYZ-HomeS, in any manner
that is likely to cause confusion in the
marketplace, or that disparages or discredits.
No Content may be reproduced, recorded,
retransmitted, sold, rented, broadcast,
distributed, published, upload, posted, publicly
displayed, altered to make new works, performed,
digitized, compiled, translated or display or
use in any manner for any commercial purpose,
without XYZ-HomeS's prior express written
permission.
If you believe that your copyright has been
infringed through the Website, please send
notice to our Copyright Department at:
Copyright Department
XYZ Home Solutions, LLC
303 Laurens Way
Chapel Hill, NC 27516
Fax: (919) 933-2557
Email:
xyz_homes@yahoo.com
A written notice must include the
following information:
1. A physical or electronic signature of a
person authorized to act on behalf of the owner
of an exclusive right that is allegedly
infringed.
2. A list of the copyrighted work claimed to
have been infringed.
3. A list of locations where there are the
allegedly infringing materials
4. A statement by you that you have a good faith
belief it is the case of copyright infringement.
5. Your name, address,, phone number and email
address.
5. A statement by you, under penalty of perjury,
that the information in the notification is
accurate, and either you are the copyright owner
or authorized party to act behalf of an
exclusive right that is allegedly infringed.
XYZ-HomeS will investigate notices of
copyright infringement and take appropriate
actions under copyright laws or regulations
Disclaimer
of warranties and limitation of liability
The Content, Services or Website are
provided "AS-IS" or "AS-AVAILABLE" bases without
warranties of any kind. XYZ-HomeS disclaims all
warranties either expressed or implied.
XYZ-HomeS does not warrant that the Content,
Services or Website are free of viruses, free of
errors, suitability, accuracy, secure, timely,
uninterrupted, harmless.
XYZ-HomeS will not be liable for direct,
indirect, incidental or consequential or any
other damages (including, without limitation,
loss of use, data, information or profits or any
other loses) arising out of or in connection
with the use of the Content, Services or
Website.
You expressly understand and agree that your
use of the Contents, Services or Website is at
your risk and will be solely responsible for any
damages, loses or disease as the results of
using the Content, Services or Website.
XYZ-HomeS reserves the right to change any
prices or billing methods for its products or
services, at any time, without notice to you.
These prices takes effect immediately after they
are posted on the Website or delivery to you by
methods of any kind.
XYZ-HomeS receives right to refuse or cancel
any orders placed for products and /or services
if listed information is incorrect or has
typographical errors. If your credit card has
already charged or your money has been
transferred through other method for the
purchase and your order is canceled, XYZ-HomeS
shall credit or transfer same amount of money
back to your credit card account or to you.
XYZ-HomeS reserves right to cancel your
order or supply less quantity you ordered at any
time after you receive an electronic or other
form of order confirmation for any reason.
The ToU constitute the entire agreement
between you and XYZ-Homes and govern your use of
the Website, superseding any prior agreements
between you and XYZ-HomeS.
This agreement shall be governed in all
respects by the laws of the State of North
Carolina, without regard to its conflict of law
principles. You and XYZ-HomeS agree that
jurisdiction for any claims arising under this
agreement shall lie exclusively with the courts
in Orange County of North Carolina.
If any provision of the ToU is found to be
invalid by any court having competent
jurisdiction, the invalidity of such provision
shall not affect the validity of any other
provisions of the ToU.
No any waiver of any provision of the ToU
shall be constitute if delay or failure to take
action under the ToU.
Any claim under the ToU must be brought
within one year after the cause of action
arises.
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