MyHouseDirect.com™

 

 

 

Garden Management Group, LLC is a Michigan limited liability company d/b/a “MyHouseDirect.com™” (“Company”). Company provides the Goods and Services offered on the MyHouseDirect.com® website to you subject to and under the following Terms and Conditions.

 

 

 

Company is not a licensed real estate broker/agent in any state in the United States and chooses not to be licensed. Company does not knowingly perform any duties or services which require such a license. Sellers and buyers of real estate have the right to privately transact real estate without the assistance or services of a real estate broker/agent.

 

 

 

YOU MUST AGREE TO THESE TERMS AND CONDITIONS BEFORE PURCHASING AND USING THE GOODS AND SERVICES MADE AVAILABLE BY COMPANY ON THE WEBSITE. BY PURCHASING AND USING THE GOODS AND SERVICES, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION.

 

 

 

YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE GOODS AND SERVICES, AND YOUR USE AND ENJOYMENT OF THE GOODS AND SERVICES, ARE EXCLUSIVELY GOVERNED BY THESE TERMS AND CONDITIONS, WHICH CANNOT BE MODIFIED BY YOU OR ANY AGENT, EMPLOYEE, OR REPRESENTATIVE OF COMPANY.

 

 

 

YOU ALSO UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THESE TERMS AND CONDITIONS IN ORDER FOR YOU TO BE FULLY BOUND BY THEM.

 

 

 

1. Definitions. In these Terms and Conditions, “Website” refers to www.MyHouseDirect.com™. “You” refers to users and Customers of the Website. “Customers” refers to users who purchase any Goods or Services, including, without limitation, listing any property on the Website. The words “we,” “us,” and “our” refer to Company, the owner and operator of the Website.

 

 

 

2. Authority of Company’s Agents. No agent, employee, or representative of Company has any authority to bind Company to any affirmation, representation, or warranty concerning the Goods and Services. Any affirmation, representation, or warranty made by an agent, employee, or representative of Company that is not specifically included within these Terms and Conditions does not constitute a part of the basis of this bargain and shall not in any way be enforceable.

 

 

 

3. Access and Registration. Customers who register with Company on the Website will create a user name (for example, your e-mail address) and password, and Customers that list any properties on the Website as seller are assigned a listing number that operates as a user name (collectively, “Account”). You accept responsibility and liability for all activities that occur under your Account, and you agree not to sell, transfer, or assign your Account or any Account rights. You are responsible for maintaining the confidentiality of your Account and for restricting access to your computer to prevent others outside your household from accessing your Account without permission. If you believe someone has accessed your Account without your authorization, or that someone has committed any other breach of security, you agree to e-mail us immediately at Info@MyHouseDirect.com.

 

 

 

WE CANNOT AND WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR ACCOUNT OR TO OTHERWISE COMPLY WITH THIS SECTION.

 

 

 

4. Fees, Charges, and Expenses. You agree to pay all fees, charges, and expenses incurred in connection with your Account (including any applicable taxes) at the rates in effect when the fees, charges, or expenses were incurred. We may bill such fees, charges, or expenses automatically to your credit card. All fees, charges, and expenses will be billed at the time you register, and thereafter as subsequent fees, charges, and expenses are incurred. Unless specifically stated in these Terms and Conditions, all fees, charges, and expenses are nonrefundable. You are responsible for all fees, charges, and expenses incurred to access your Account or the Website through an internet access provider or other third-party service.

 

 

 

5. Account Inactivity. You agree that we may terminate your account with notice if it remains inactive for a period of one (1) year.

 

 

 

6. Customer 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 your Account, and refuse to provide any current or future Goods and Services to you. You are solely responsible and liable for all acts or omissions that occur, and all information that you post, in connection with your Account, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post, or transmit.

 

 

 

You acknowledge that you are 18 years-old or older, or otherwise are of legal age to form a binding contract.

 

 

 

You agree and acknowledge that your access to and/or use of the Goods and Services are for personal, non-commercial purposes only. In other words, you agree and acknowledge that your use of the Website, your Account, and the Goods and Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on the Website, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, the Goods and Services, or access or use your Account for any commercial purpose whatsoever.

 

 

 

Other than providing links to virtual tours of your property, YOU MAY NOT INCLUDE A LINK TO ANY WEBSITE IN YOUR LISTING. IF YOU VIOLATE OR FAIL TO COMPLY WITH THIS SECTION, YOU AGREE TO COMPENSATE COMPANY FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $25000.00.

 

 

 

7. Customer Property Listings. If you register on the Website and purchase Goods and Services that include a free listing, you are entitled to maintain one (1) property listing on the Website until cancelled. You are responsible for providing a minimum of one (1) photograph of the exterior of the property and for submitting all information necessary for the Website listing. Company may rotate your property listing from time to time and, therefore, your listing and photograph may not be viewable all of the time. You are not entitled to a refund because your property listing was not displayed at a certain time.

 

 

 

8. Listing Cancellation. You are responsible for cancelling the listing if desired, for notifying us of the sale of the property, and for removing your listing from the Website. If your property sells, you must remove your listing from the Website and/or cancel your listing within thirty (30) days by logging in to your Account and selecting “Cancel My Listing” after completing the cancellation survey. Selecting “Cancel My Listing” will cancel your property listing instantly and provide a confirmation. (If you do not receive a confirmation that your listing was cancelled, then it has not been cancelled; contact us at info@MyHouseDirect.com or (877) 667-4699 if you need assistance). You authorize Company to bill your credit card a surcharge not to exceed $50.00 for your failure to remove your listing within thirty (30) days after the property is sold, thus requiring Company to remove the listing. Cancellation of an internet listing on the Website has no effect on any other listing, including any MLS listing. IT IS THE CUSTOMER’S RESPONSIBILITY TO ENSURE THAT THEIR LISTING HAS BEEN CANCELED TO AVOID FURTHER BILLINGS.

 

 

 

9. Listing Expiration and Renewals. All listings on the Website expire on the first anniversary of the date the listing first appears on the Website. You will receive an e-mail message or telephone call one (1) to three (3) days before your property listing expires, reminding you that your property listing will expire. This is the only means by which we will contact you concerning the expiration of your property listing. If you do not receive this e-mail or telephone call, or do not provide an e-mail address or telephone number during registration, then it is your responsibility to contact us to cancel your listing. On the first anniversary of the date you list any property on the Website (“Renewal Date”), you understand and agree that you will be responsible for paying a listing renewal fee for any continued listing of the same property for a subsequent period of thirty (30) days (each a “Renewal Period”). You also understand, agree, and authorize Company to automatically bill this listing renewal fee to your credit card every thirty days from the Renewal Date until you cancel the listing (i) online via e-mail at least one (1) business day prior to the beginning of the next succeeding Renewal Period using the following e-mail info@MyHouseDirect.com, or (ii) by calling us at (877) 667-4699. You must receive a confirmation from us, either via e-mail or over the telephone, or your listing has not been canceled.

 

 

 

10. Third-Party Listings. As part of the listing and Services provided by Company, you authorize Company to submit your property listing information to other third-party websites for inclusion on those third-party website listing services. YOU ARE NOT PURCHASING A LISTING WITH SUCH OTHER/THIRD-PARTY WEBSITES AS PART OF THE FEE THAT YOU PAY TO COMPANY. Such third-party listings may include a local multiple listing service (“MLS”) listing, a Realtor.com listing, a craigslist.com listing, a Yahoo.com listing, or a Google.com listing. You are responsible for providing a minimum of one (1) photograph of the exterior of the property and for submitting all information necessary for any applicable third-party listing in order to make your property listing viewable on the third-party listing website. Third-party listing websites may rotate your property listing from time to time and, therefore, your listing and photograph may not be viewable all of the time. You are not entitled to a refund because your property listing was not displayed at a certain time. IF THE THIRD-PARTY LISTING WEBSITE REJECTS YOUR PROPERTY LISTING FOR ANY REASON, YOU HAVE NO RECOURSE AGAINST COMPANY. In addition, the third-party websites to which we submit your property listing information are subject to change without notice to you. IF YOU OBJECT TO ANY CHANGES TO THE LISTING THAT APPEARS ON OTHER/THIRD-PARTY WEBSITES TO WHICH WE SUBMIT YOUR PROPERTY LISTING INFORMATION, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. Moreover, websites owned or operated by third parties are not under our control. Accordingly, we cannot guarantee that your property listing information (including images) associated with your property listing will appear on any particular third-party website, or will appear in a certain way on such third-party website. Further, we are not responsible for any modifications or changes made to third-party websites. YOU AGREE AND ACKNOWLEDGE THAT COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER CONCERNING CLAIMS RELATED TO (i) THE SUBMISSION OF YOUR PROPERTY LISTING INFORMATION TO OR (ii) THE USE, DISPLAY, OR MODIFICATION OF YOUR PROPERTY LISTING INFORMATION ON OR BY THIRD-PARTY WEBSITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR SUCH CLAIMS SHALL BE TO CEASE USING THE SERVICES.

 

 

 

11. MLS Listings. All MLS listings are handled by an independent, local real estate broker/agent in your area who will contact you in order to contract with you separately, and that broker/agent will activate your MLS listing for you. All MLS listings require a buyer’s agency commission if a real estate broker/agent assists you in finding a buyer. Neither the Goods and Services, nor these Terms and Conditions are a solicitation for a listing broker if your property is already listed with a broker. The laws of your state may also affect your MLS listing. There may be a delay (usually 5 to 7 business days) in the activation of the MLS listing. Please consult the listing real estate broker/agent in your area for further details. Additional fees may apply depending on the geographic location of your property listing and your local MLS rules and regulations. Your MLS listing may also be subject to additional fees and/or restrictions based upon such things as changes in the law and regulations. Also, and depending upon your MLS listing agreement, there may be restrictions on your use of signs, including signs provided by Company. The MLS listing is subject to modification without notice to you. IF YOU OBJECT TO ANY MODIFICATIONS TO THE MLS LISTING, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE MLS LISTING. CONTINUED USE OF THE MLS LISTING SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE MLS LISTING AS SO MODIFIED.

 

 

 

12. Refund and Changes to MLS Listing. The MLS in your local area is a third-party service and, therefore, Company is subject to additional fees and restrictions concerning changes to a listing requested by you after your listing has posted with the local MLS. You can make up to two (2) changes to the MLS listing that involve the quantity of words or description of the property, or documentation associated with the property free of charge during the life of the local MLS listing. THERE IS A $25 CHARGE FOR EACH CHANGE TO THE LOCAL MLS LISTING BEYOND THE FIRST TWO CHANGES. All changes to the local MLS listing can contain unlimited descriptive content and documentation changes. You may make pricing or status changes (e.g., sold, under contract) to the local MLS listing free of charge. ALL CHANGE ORDERS FOR THE LOCAL MLS LISTING MUST BE IN WRITING. Certain fees may apply in order to remove the local MLS listing.

 

 

 

13. Goods Purchased From Company. All Goods purchased from Company on the Website are shipped FEDEx, UPS or USPS depending on location. Company attempts to be as accurate as possible with respect to the descriptions of Goods on the Website. However, we do not warrant that product descriptions on the Website are accurate, complete, reliable, current, or error-free. IF THE GOODS OR ANY PORTION OF THE GOODS OFFERED BY COMPANY ARE NOT AS DESCRIBED, YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN THE GOODS OR THAT PORTION OF THE GOODS IN UNUSED CONDITION. NO GOODS THAT HAVE BEEN USED MAY BE RETURNED. IF ANY GOODS YOU PURCHASE FROM THE WEBSITE ARE DELAYED OR DO NOT ARRIVE, YOUR SOLE AND EXCLUSIVE REMEDY IS THAT COMPANY WILL REPLACE THE GOODS.

 

 

 

14. Upgrades. From time to time, and in our absolute discretion, we may offer upgrades to the Goods and Services purchased by you. Upgrades offered are subject to change, may be changed without notice, and may be offered for a limited time. All upgrades are subject to these Terms and Conditions unless otherwise specified on the Website.

 

 

 

15. Valuation and Property Reports/Information. Any valuation and property reports/information is provided on an “as is” and “as available” basis, with no warranty or guaranty as to accuracy, commercial value, merchantability, or fitness for a particular purpose, including use in a real estate transaction.

 

 

 

16. Prices for the Goods and Services. Prices for the Goods and Services may vary and are subject to change depending on specials, discounts, or rebates that may be in effect at any given time. Accordingly, check your order confirmation for the pricing of the Goods and Services you purchased.

 

 

 

17. Payments. All payments are made using PayPal™ and any purchase made by you through PayPal™ is and will be subject to PayPal™ terms and conditions and legal agreements, including those applicable to refunds and cancellations.

 

 

 

18. No Real Estate Services. Company or its affiliates may refer independent real estate professionals, brokers, or agents to you; however, Company does not itself engage in real estate broker/agent services on your behalf. All real estate brokerage/agency services are performed by independent, local brokers/agents that have been referred to you by Company. The terms of any agreement between a real estate broker/agent and you are not endorsed, recommended, or otherwise known to or by Company. Company is not a licensed real estate broker/agent and does not provide real estate brokerage/agency services in connection with your property listing. Accordingly, some third-party listings may be handled by an independent, local real estate broker/agent in your area. The terms of any agreement between you and any independent real estate broker/agent are not endorsed, recommended, or otherwise known to or by Company.

 

 

 

19. Advertisement by Newspaper or Magazine. If you purchase an advertisement in a newspaper or magazine, you must contact that newspaper or magazine for any assistance with respect to the advertising provided by such newspaper or magazine. You acknowledge and agree that Company has no obligation to provide customer service or a refund for disputed amounts related to such advertising, or to otherwise provide any recourse to you in connection with the advertising provided by such newspaper or magazine.

 

 

 

20. Legal Advice. Company is not a law firm, and the agents, employees, and representatives of Company are not acting as your attorney or providing you with legal advice. By using the Website and purchasing any Goods and Services, you understand, acknowledge, and agree that (i) no attorney-client privilege is created between you and Company, (ii) Company is not permitted to engage in the practice of law, including providing any kind of advice, explanation, opinion, or recommendation to you about possible legal rights, options, selection of forms, or strategies, and (iii) Company has not provided any legal advice of any kind in connection with or subsequent to your purchase of any Goods and Services.

 

 

 

21. MyHouseDirect.com™ Guarantee. If (i) you have listed your property on the Website by purchasing the Goods and Services and your property has not been sold or you have not received a binding offer of sale, and (ii) you subsequently list your property using a real estate broker/agent referred to you by the Company, then the amount you paid for your Goods and Services will be offset against the real estate broker/agent’s commission due upon the closing of the sale of your property upon the submission to Company of your HUD Closing Statement (which should be given to you when you close the sale of your home by the title/escrow company handling the closing). The guarantee described in this Section does not apply, and Company is not obligated to refund the purchase price of the Goods and Services you purchased if (i) the failure to sell your property resulted in whole or in part from any failure by you to comply with these Terms and Conditions, (ii) the failure to sell your property resulted in whole or in part from any failure by you in complying with the terms and conditions of a real estate binder or contract of sale (we reserve the right to examine title documentation prior to issuing a refund), (iii) your property listing on the Website, or any third-party listing website, was created without providing correct contact information (phone number and e-mail address) or such contact information was not properly maintained, (iv) your property listing or any of the information you provided to Company contained fraudulent, deceptive, or inaccurate information, (v) your failure to sign a binding broker/agent agreement with a broker/agent who referred by Company, or (vi) you have contacted the broker/agent referred by Company prior to being referred. Additionally, only one refund pursuant to the MyHouseDirect.com® Guarantee is permitted per Website property listing, even if such listing appeared more than once on the Website.

 

 

 

22. No Refunds. YOU WILL NOT RECEIVE ANY REFUND FOR TEMPORARY TECHNICAL PROBLEMS WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, NOT BEING ABLE TO LOG IN TO YOUR ACCOUNT OR NOT BEING ABLE TO UPLOAD PHOTOGRAPHS) THAT REMOVE YOUR PROPERTY LISTING, CHANGE YOUR PROPERTY LISTING, OR CAUSE YOUR PROPERTY LISTING NOT TO BE DISPLAYED. YOU ARE NOT ENTITLED TO ANY REFUND BASED UPON A TEMPORARY SERVICE FAILURE. MOREOVER, YOU ARE NOT ENTITLED TO ANY REFUND BASED UPON A FAILURE TO VIEW YOUR PROPERTY LISTING THAT IS DUE TO YOUR COMPUTER OR BROWSER’S FAILURE TO MEET MINIMUM BROWSER AND OPERATING SYSTEM REQUIREMENTS OF THE WEBSITE. YOU ARE ALSO NOT ENTITLED TO ANY REFUND BASED UPON ANY PROBLEM DUE IN WHOLE OR IN PART TO YOUR COMPUTER OR PERIPHERAL DEVICE. THERE ARE NO REFUNDS FOR YARD SIGNS OR OTHER PRODUCTS THAT ARE SENT TO YOU. THERE ARE NO REFUNDS BASED ON MODIFICATIONS TO THE GOODS AND SERVICES, AND COMPANY RETAINS THE RIGHT TO MODIFY THE GOODS AND SERVICES WITH OR WITHOUT NOTICE TO YOU.

 

 

 

23. Third-Party Dealings. Any dealings or communications you have with any party other than Company, whether through the Website or otherwise, are solely between you and that third party. For example, certain areas of the Website may allow you to communicate with third parties or purchase goods or services from third parties. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL COMPANY HAVE ANY RESPONSIBILITY OR LIABILITY RELATED TO ANY TRANSACTIONS, COMMUNICATIONS, GOODS, SERVICES, RESOURCES, OR CONTENT CONDUCTED OR MADE AVAILABLE THROUGH SUCH THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES OR FOR ANY HARM RELATED THERETO OR ARISING THEREFROM.

 

 

 

24. Consent to E-mail Communications from Company, Affiliates, and Third Parties. From time to time, we will send you e-mail announcements or correspondence. BY PURCHASING, USING, OR ENJOYING THE GOODS AND SERVICES, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVE E-MAIL AND DIRECT CONTACT FROM COMPANY, ITS AFFILIATES, AND RELATED COMPANIES.

 

 

 

25. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on the Website (including, for example, a property listing, information provided during the registration process, a post to a bulletin board, a message, or any other content) whether written or graphical (collectively, “Content”), you represent and warrant that (i) you own or otherwise have all necessary rights to the Content and the rights to use it as provided in these Terms and Conditions, (ii) all Content you provide is true, accurate, current, and complete, and does not violate these Terms and Conditions, (iii) the Content will not cause injury to any person or entity, and (iv) if you post a property listing, that you are the owner of the property and have all necessary rights, title, and interest in such property to list the property for sale. Using a name other than your legal name is prohibited (unless the Website specifically asks for a unique or fictitious name).

 

 

 

26. License. With respect to all Content, you grant Company, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such Content in any form, media, software, or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to include the Content in a searchable format accessible by users of the Website and other third-party websites. You also grant Company the right to use any ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. All rights in this Section are granted without the need for additional compensation of any sort to you.

 

 

 

27. Termination. You understand, acknowledge, and agree that we, in our sole discretion, may terminate your Account, or your access to and use of the Goods and Services, and remove and discard any Content posted by you on or through the Website, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. 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 the Account or the Goods and Services if you have breached, violated, or acted inconsistently with these Terms and Conditions. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCOUNT OR ACCESS TO OR USE OF THE GOODS AND SERVICES PURSUANT TO THIS SECTION. You may discontinue your Account or participation in and access to the Goods and Services at any time, subject to the other provisions of these Terms and Conditions.

 

 

 

28. Disclaimers and Limitation of Liability. While Company uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the Website and assume no liability or responsibility for any error or omission in such data or information. WE MAKE NO REPRESENTATION OR WARRANTY THAT YOUR USE OF THE GOODS AND SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. Company has no responsibility or liability for the actions of third parties or for information provided or posted by others. USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL GOODS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER COMPANY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OR RELATED COMPANIES, NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS MAKE ANY WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR THE CONTENT CONTAINED IN OR ON THE WEBSITE, THE SERVICES, ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT, THIRD-PARTY REAL ESTATE BROKERAGE/AGENT SERVICES, THIRD-PARTY LEGAL SERVICES, GOODS AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE OR THE GOODS AND SERVICES.

 

 

 

ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. COMPANY AND ITS SUBSIDIARIES, AFFILIATES, AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.

 

 

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES AND, THEREFORE, CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warranty shall be the minimum required under such application law.

 

 

 

THE WEBSITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEBSITE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION IS AT YOUR SOLE RISK.

 

 

 

IN NO EVENT SHALL COMPANY, OR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE GOODS AND SERVICES OR ANY ERRORS OR OMISSIONS IN THE GOODS AND SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

 

IN NO EVENT SHALL COMPANY, OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE GOODS AND SERVICES. IN NO EVENT SHALL COMPANY, OR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT IS TERMINATED OR REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.

 

 

 

29. Indemnification. You agree to indemnify, defend, and hold harmless Company, its subsidiaries and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representative, contractors, and agents from and against any and all claims and damages (including attorney fees and court costs) arising from or relating to your use of the Website, Company’s use of any content or information you provide, as long as such use is not inconsistent with these Terms and Conditions, information or content posted or transmitted through your Account, even if not posted by you, and any violation of these Terms and Conditions by you.

 

 

 

30. Arbitration. Any claim or controversy arising out of or relating to these Terms and Conditions, to the Goods or Services provided by us or our affiliates, or to any acts or omissions for which you may contend we are liable in connection with these Terms and Conditions, including but not limited to any claim or controversy made by a Customer (“Dispute”), shall be finally, and exclusively, settled by arbitration in Grand Rapids, Michigan. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by Company from AAA’s pool of arbitrators. In any arbitration, the filing fee and subsequent costs of arbitration shall be equally shared by the parties. To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Kent County, Michigan. The arbitrator shall not have the power to award damages you in connection with any Dispute in excess of or different in kind from those identified in these Terms and Conditions and you irrevocably waive any claim thereto. Moreover, the arbitrator must abide by all these Terms and Conditions and shall not have the power to reform or alter these Terms and Conditions. This agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under these Terms and Conditions with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THESE TERMS AND CONDITIONS, AND THIS AGREEMENT TO ARBITRATE, PROVIDE THAT ALL DISPUTES BETWEEN YOU AND COMPANY SHALL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU GIVE UP AND WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, OR TO HAVE YOUR DISPUTE HEARD BY A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT BY A JUDGE OR JURY.

 

 

 

31. Limitations Period. YOU AGREE THAT ANY CLAIM, CONTROVERSY, OR DISPUTE WITH COMPANY OR ITS SUBSIDIARIES, AFFILIATES, OR RELATED COMPANIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED; OTHERWISE, SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED.

 

 

 

32. Modifications. We may change these Terms and Conditions from time to time, without prior notice to you. Each time you access the Website, you will be governed by and shall be deemed to have consented to the Terms and Conditions then in effect and posted on the Website. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE WEBSITE AND TERMINATE YOUR ACCOUNT. CONTINUED USE OF THE WEBSITE OR YOUR ACCOUNT FOLLOWING ANY SUCH CHANGES TO THE TERMS AND CONDITIONS THEN IN EFFECT SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS, WITHOUT LIMITATION OR QUALIFICATION.

 

 

 

33. Modifications to the Goods and Services. We reserve the right to modify or temporarily discontinue the Goods and Services (or any part thereof) or to permanently discontinue operation of the Website with or without notice to you. Modification of the Goods and Services may include, without limitation, any change to the Website or content contained therein, changes to the administrative tools or functionality of the Website, modification of the “look and feel” of the Website, changes to the format of a property listing or any other part of the Website, and the inclusion of advertising links in association with a property listing or other content available on the Website. We shall not be responsible or liable to you or any third party if we exercise our right to modify or temporarily discontinue the Goods and Services, or permanently discontinue operation of the Website. IF YOU OBJECT TO ANY MODIFICATIONS TO THE GOODS AND SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE WEBSITE AND TERMINATE YOUR ACCOUNT. CONTINUED USE OF THE WEBSITE OR YOUR ACCOUNT FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS AND CONDITIONS OF ANY SUCH MODIFICATIONS OR TEMPORARY OR PERMANENT DISCONTINUANCE SHALL INDICATE YOUR ACKNOWLEDGEMENT AND SATISFACTION WITH THE GOODS AND SERVICES AS MODIFIED.

 

 

 

34. Privacy Policy. The Privacy Policy for the Website is hereby incorporated by reference into these Terms and Conditions, and your agreement to these Terms and Conditions means that you also expressly agree to be bound by the Privacy Policy for the Website. For Customers, in the event of a conflict between these Terms and Conditions, on the one hand, and the Privacy Policy, on the other, these Terms and Conditions shall control.

 

 

 

35. Governing Law. These Terms and Conditions, and any agreement by you to purchase the Goods and Services available on the Website shall be deemed to have been performed in the state of Michigan, county of Kent, city of Grand Rapids. These Terms and Conditions, and any arbitration shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict-of-law provisions.

 

 

 

36. Miscellaneous. These Terms and Conditions constitute the entire, exclusive, and final statement of the agreement between you and Company with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to such subject matter. If for any reason any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Any failure of Company to enforce or exercise any provision of these Terms and Conditions, or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in these Terms and Conditions are purely for convenience and for illustrative purposes only. In the event of termination of your Account for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of the Goods and Services, any license(s) you have granted to Company, any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.

 

 

 

37. Use of E-mail System. By using our e-mail system to contact Website Customers, you are agreeing to these Terms and Conditions, including, without limitation, this Section. You agree to use the e-mail system only to contact Customers for purposes of asking questions related to the purchase or potential purchase by you of the home listed on the Website. In no event may you contact a Customer using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind with such Customer. IF YOU VIOLATE THIS SECTION, YOU AGREE TO COMPENSATE COMPANY FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $10,000.00 PER OCCURRENCE.

 

 

 

38. Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, it is the policy of Company, in appropriate circumstances, to terminate the account of a user/customer who is deemed to have infringed third party intellectual property rights or to remove Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please provide substantially the following information to us (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

 

 

 

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 

 

 

b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

 

 

 

c. a description of where the material you claim is infringing is located on the Website (providing us with a listing number or website URL is the quickest way to help us locate content quickly);

 

 

 

d. your address, telephone number, and e-mail address;

 

 

 

e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

 

 

 

f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

 

 

Company’s agent can be reached as follows: Garden Management Group LLC 1515 Michigan St. Grand Rapids, Mi. 49503 The above contact information is for intellectual property infringement notices only. DO NOT USE THE ABOVE CONTACT INFORMATION FOR OTHER CUSTOMER INQUIRIES OR QUESTIONS. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

 

 

 

39. Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to Company’s designated agent above, which includes substantially the following information (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

 

 

 

a. an electronic or physical signature of the Customer;

 

 

 

b. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a listing number or website URL is the quickest way to help us locate content quickly);

 

 

 

c. your address, telephone number, and e-mail address;

 

 

 

d. a statement by you, under penalty of perjury, that you (the Customer) have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

 

 

 

e. a statement by you that you (the Customer) consent to the jurisdiction of the Federal District Court for the judicial district in which the Customer’s address is located, or if the Customer’s address is outside of the United States, for any judicial district in which Company may be found, and that the Customer will accept service of process from the person who provided notification under the Section above or an agent of such person.

 

 

 

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the Accounts of Customers who are repeat infringers.

 

 

 

40. National or State “Do Not Call” Registries. By accessing the Website or purchasing the Goods and Services, you agree not to telephone any Company Customer who has listed a property or is advertising a property on the Website (or who in the past has listed or advertised a property on the Website) when such user’s phone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for more than thirty (30) days if you are acting in any capacity as a real estate agent, real estate broker, or other real estate professional, or a commercial or non-private purchaser/seller of real estate affiliated with a company that is engaged in the real estate brokerage business or business of advertising real estate for others and (i) you do not have a pre-existing, established business relationship with such Customer prior to making a call to such Customer or (ii) you do not have prior, written authorization from such Customers to make telephone calls to the Customer. Company Customers: Please note that it is a violation of federal law (and many state laws) for a real estate broker/agent or other real estate professional to call you if your telephone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for more than thirty (30) days and the caller does not have a pre-existing, established business relationship with you prior to making the call or does not have prior, written authorization from you to make the call. If you receive a call that violates these provisions, you may file a complaint online at www.donotcall.gov/Complain/ComplainCheck.aspx by providing the date you received the call and either the name or telephone number of the company or agent/broker that called you.