Access and Use of Website
This website located at www.homelink-usa.com (the "Site") is operated by HomeLink International USA.
HomeLink International USA (referred to as "HomeLink USA") is a licensed affiliate of HomeLink International Associates (referred to as "HLIA"), an association registered in Brussels, Belgium.
Unless otherwise specified, the Site and the material provided on the Site are solely for promoting services and business operations within USA. If you visit the Site from other locations or countries, you do so at your own risk and are responsible for compliance with all applicable local laws.
You are prohibited from using the Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage unlawful conduct.
You are prohibited from using the Site to contact HLIA members for commercial purposes, that is, to solicit business of any kind that entails monetary transactions. All such uninvited solicitation will be regarded as "spam".
Password and username
HomeLink USA will allocate a username ("Member Number") to you. You will be required to use your password and username each time you log on to the Site. HomeLink USA may assume the authenticity of and may act upon any instructions given by any person who uses your password or username.
You must comply with all directions issued by HomeLink USA pertaining to use of your password or username. Your username will be published in the directory, in both the online and printed versions, and should be included in all your correspondence with HomeLink USA and other registered members. You must not disclose your password to any other person and HomeLink USA holds you responsible for keeping your password strictly confidential.
You will be held responsible for all transactions conducted using your password or username including all transactions a third party conducts using your password or username, irrespective of whether you have disclosed your password or username to that third party either intentionally or through carelessness. You must notify HomeLink USA immediately if you become aware that your password or username has been compromised or that there has been unauthorised use of your password or username.
Access and membership
Certain areas and Information on the Site are restricted to members of HomeLink USA. Membership requires adherence to home exchange etiquette and principles as described on the Site.
Security of Information
Unfortunately, no data transmission over the Internet is totally secure. Accordingly, HomeLink USA does not warrant and cannot ensure the security of any information which you transmit to HomeLink USA. Accordingly, any information which you transmit to HomeLink USA is transmitted at your own risk. Nevertheless, once HomeLink USA receives your transmission, it will take reasonable steps to preserve the security of such information.
Limitation of Liability
HomeLink USA does not warrant that your access to or use of the Site will be continuous, uninterrupted or totally secure. The Site may not be available from time to time due to upgrades or maintenance carried out in relation to the Site. You acknowledge that disruptions to the operation of the Site may occur which are outside HomeLink USA 's control and which may affect your access to or use of the Site.
Neither HomeLink USA, nor its employees, officers or agents, will be liable for any loss or damage (including without limitation, any consequential loss or damage) suffered by you arising directly or indirectly from your inability to access the Site, your operation of the Site or in relation to any Services offered through the Site.
In no circumstances will HomeLink USA be liable to you or any third party for any indirect or consequential loss arising from damage caused to your computer or computer files as a result of your use of the Site or resulting from loss of data, loss of profits or business interruption even where HomeLink USA has been advised of the possibility of such damages.
You indemnify and agree to keep HomeLink USA, its affiliates, officers, employees and agents indemnified against all claims, demands, actions, proceedings, costs, expenses, liabilities and loss suffered by HomeLink USA, directly or indirectly as a result of any breach of your obligations under the Agreement.
Your use of the Site and information on the Site is at your own risk. The information appearing on the Site is for general information only and is subject to change. HomeLink USA does not warrant that information contained on the Site is complete, accurate, or up-to-date. Any aspect of the Site may be changed, supplemented, deleted or updated without notice at the sole discretion of HomeLink USA.
To the extent permitted by law, neither HomeLink USA nor its officers, employees or agents will be liable in any way for any loss, damage, costs or expenses suffered by you or claims made against you by reason of your use of the Site or in connection with any services or information supplied, offered to be supplied or advertised through the Site.
HomeLink USA cannot be held responsible for the condition of listed homes, the actions of individual members or the accuracy of the listings.
To the maximum extent permitted by law, all warranties, conditions and representations about the Site, the accuracy or timeliness of the material provided on the Site and the services advertised via the Site are expressly excluded.
Where any legislation implies a condition or warranty, and that legislation prohibits HomeLink USA from excluding or modifying the application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included but HomeLink USA's liability will be limited, to the maximum extent permitted by law, for a breach of that condition or warranty to one or more of the following: (i) supplying the services to you again or (ii) the payment of the cost of having the services supplied to you again.
Neither HomeLink USA nor any other party involved in creating producing, or delivering the Site, will be liable to you for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, or use of the Site or any linked websites ("Linked Sites").
Copyright in the Site (including, without limitation, text, graphics, logos, icons, sound recordings and software) is owned or licensed by HomeLink USA.
You must not reproduce, transmit, distribute, adapt, modify, sell, publish or otherwise use any of the material on the Site except as permitted by statute or with HomeLink USA's prior written consent.
All trade marks and logos on the Site ("Trade Marks") are owned or licensed by HomeLink USA. You may not use, reproduce or alter the Trade Marks in any manner whatsoever except with the prior written consent of HomeLink USA.
Nothing on the Site will be construed as granting to you or any other person, any right, title or interest in the Trade Marks.
The Site may contain links to Linked Sites. HomeLink USA does not review, approve, recommend or endorse Linked Sites or the materials or information on Linked Sites in any way unless and to the extent stipulated to the contrary. HomeLink USA is not responsible for the content of Linked Sites. HomeLink USA is not responsible for the content or privacy practices associated with Linked Sites. You access Linked Sites and use the products and services made available on Linked Sites solely at your own risk.
You acknowledge that all information you provide to HomeLink USA including personal information is complete, accurate and current.
It is a condition of the Agreement that your information does not contain any virus, worm, Trojan horse or other program or material that has the ability to alter, delay, damage or interfere with the operation of the Site, is not false or misleading and does not contravene any law, statute or regulation.
It is a condition of the Agreement that your information does not contain text, images or website URLs that promote, either implicitly or explicitly, any product or services provided by individuals, companies or organizations that are competitors of HomeLink USA and HLIA.
HomeLink USA reserves the right to suspend or terminate your membership and access to or use of the Site, the Information and/or the Services, at any time, if you breach any of your obligations under the Agreement. HomeLink USA will not be liable to you or any third party for any termination or suspension of your membership and access to the Site, the Information and/or the Services.
The Agreement is governed by the laws of USA.
These Terms and Conditions, either present or future, will be drawn up in the English language only. Any translation will be provided only for your convenience.
If any provision of the Agreement is invalid, void or unenforceable, all other provisions will be separately enforceable and will continue to be of full force and effect without regard to the invalid, void or unenforceable provision.
HomeLink USA may revise and update these terms and conditions at any time. Your continued usage of the Site after any changes to these Terms and Conditions will constitute your acceptance of those changes.
Copyright © 2004-2011 HomeLink USA, Inc. All rights reserved.