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.