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Terms of Use
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Move Companion offers services to you, the "User", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your registration with Move Companion and/or use of Move Companion's services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice. Real Estate Services to Home Buyers and Sellers Move Companion assists Users in locating independent third party real estate professionals, "Real Estate Professionals", defined as individuals are companies licensed to provide certain real estate related services. Users (whether a home buyer or a home seller) agree to supply Move Companion with personal information about themselves and the property they seek to sell or buy, including, for example, their current address, phone number, and other contact information, the area in which they seek to purchase a home, or the location of properties or properties they own and wish to sell. Move Companion will use this information to provide certain details on an anonymous or non-anonymous basis, depending on the Move Companion service, to various third parties. Because Move Companion uses email on an almost exclusive basis to provide services to Users, all Users hereby consent to receive e-mail from Move Companion to register for Move Companion services. Users also hereby consent to receive emails from third party(ies) if the Move Companion service requested by User requires services from a third party(ies)(for example, a local real estate agent). All Users hereby represent and warrant that all of the information provided to Move Companion, whether on line or otherwise, is accurate and complete. Move Companion reserves the right to terminate or suspend access to any User information that it has cause to be believe is inaccurate or misleading. If necessary for Move Companion to perform the services requested by User, User authorizes Move Companion to forward all such information to its network of Real Estate Professionals for use thereby. Move Companion may refer Real Estate Professionals to Users directly, but Move Companion does not engage in real estate broker services. Real estate brokerage services are performed by local Real Estate Professionals that have been referred to you by Move Companion. The terms of any agreement between Users and a Real Estate Professional are not endorsed, recommended or otherwise known to or by Move Companion. For its services Move Companion may receive payment including, but not limited to a referral fee that may be a percentage of the commission received by the real estate professionals involved in the real estate transaction. User understands and acknowledges that Move Companion shall receive referral fees and other compensation for its services through third party agreements with Real Estate Professionals, and that such compensation may come directly from escrow at closing. Your registration with Move Companion and use of Move Companion services constitutes your acknowledgment of, and agreement to, this compensation arrangement. Move Companion may from time to time offer eligible Users promotional opportunities to encourage use of Move Companion's services within a particular time frame. These opportunities may include but are not limited to discounts, rebates, gift certificates, points or other incentives that are only available to Users who use a Move Companion affiliated real estate professional to buy or sell a home. User eligibility for a particular promotion will be defined in the terms of each promotion. Not all Users may be eligible to receive all promotional opportunities. Use of third party services You acknowledge and agree that Move Companion refers Users to third party Real Estate Professionals who are not employed by Move Companion. Move Companion is not responsible or liable for any acts or omissions created or performed by these third parties. Move Companion's Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Move Companion does not operate or control in any respect any information, software, products or services available on such Web sites. Move Companion's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. We are not responsible for the information, privacy or security practices of those sites.Modification Of Move Companion Services Move Companion reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. Move Companion shall not be liable to any User or any third party should Move Companion exercise its right to modify or discontinue service.Obligations of Home Buyer/Sellers Registered with Move Companion By completing your registration with Move Companion as a potential Home Buyer or Home Seller, you agree that:
Termination Move Companion reserves the right to cancel the membership of any User at any time due to User's breach of the these terms of use, the terms and conditions of any service that user may have registered.Copyright and Trade Mark Notices All contents of the Move Companion.com website are Copyright© 2005 Move Companion. and/or its suppliers, 9830 S. 51st Street, Suite A129, Phoenix AZ USA. All rights reserved. Move Companion is a service mark of Animus Realty, LLC. Other product and company names may be trade or service marks of their respective owners. Disclaimers and Limitations This is the entire agreement between User and Move Companion. Any representation, warranty, promise, or condition not expressly stated herein shall not be binding upon the parties. This Agreement, including all attachments, schedules or exhibits may be amended only in writing expressing an intent to modify this Agreement. The parties agree that they will make no claim at any time or place that this Agreement has been orally altered or modified. There are no persons who are intended by the parties to be third party beneficiaries under this Agreement and no action to enforce the terms of this Agreement may be brought against either party by any person who is not a party. Move Companion intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occur. In addition, Move Companion may make changes and improvements to the information provided herein at any time. The web site and the information, software, products and services associated with it are provided "as is." Move Companion and/or its suppliers, participating lenders, or real estate professionals disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the web site and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Use Of Move Companion's services is at your own risk. Move Companion and/or its suppliers, are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of Move Companion's services or with the delay or inability to use the web site, or for any information, software, products and services obtained through the web site, or otherwise arising out of the use of the web site, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if Move Companion and/or its suppliers had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Indemnity As a condition of use of this Web site, you agree to indemnify Move Companion and its suppliers, distributors, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of Move Companion's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement. Errors and Delays Move Companion is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control. Other Terms These Terms of Use shall be subject to and construed in accordance with the laws of the State of Arizona, excluding its conflict of laws principles. If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in full force and effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. |