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Terms of Service Agreement
I. Terms of Service Acceptance

Thank you for visiting hometoday.com.  hometoday.com provides service to you subject to these Terms of Service.  Your use of the hometoday.com website constitutes agreement to these Terms of Service.  You can find our Terms of Service at Terms_Of_Service.cfm. We may update these Terms of Service at any time without notice to you.   There may be other rules or guidelines which we post from time to time throughout the site; these are incorporated by reference into the Terms of Service even if not explicitly mentioned on the Terms of Service page.

II.   Service Description

hometoday.com provides information relevant to the sale and purchase of residential real property.   It also provides an on-line database of properties for sale.   We reserve the right to add new content and services at any time.   Unless explicitly stated, any new content or services provided are subject to the Terms of Service.

hometoday.com is not a Multiple Listing Service nor is it affiliated with any Multiple Listing Service.  Our professionals are not real estate agents and do not represent you when you advertise property on the site.  You do not sign a listing contract when you advertise on our site, and you do not pay us a commission when you sell your home based upon your advertising it at hometoday.com.

You understand that the content and services on the site are provided "As-Is" and on a best efforts basis.  We will provide adequate control and oversight to ensure that the site and its contents are available to all users.  However, hometoday.com assumes no liability for the failure to store any data you provide, the timeliness with which those data are stored, or the deletion of those data.  

In order to access the information and content provided at hometoday.com, you are responsible for obtaining access to the World Wide Web and providing all equipment necessary to access the World Wide Web paying for service as appropriate.  

III.   Resale of Service Provided By hometoday.com

Except as indicated by a signed, written agreement, you agree not reproduce, retransmit, copy, sell, resell, rent, loan, or exploit neither the content, the services that hometoday.com provides, nor access to content and services provided at hometoday.com for commercial purposes.  

IV.   Your Obligations

In consideration for the ability to provide and store data at hometoday.com, you agree to provide accurate, complete, and current information about yourself and your property when prompted by any hometoday.com user information forms.   You also agree to maintain the accuracy and completeness of this information over time.   If you provide information that is inaccurate, incomplete, or out of date, or if hometoday.com has reasonable grounds to suspect that the information you have provided is inaccurate, incomplete, or out of date, hometoday.com has the right to terminate your access privileges and refuse any further use of the site to you.  

V.   Member Account Security

As part of the user registration process, you will receive a username and password providing secure access to the site.   You are responsible for keeping your username and password confidential, and you are fully responsible for any activities that occur using your username and password.   You agree to logoff your account when you are finished using the site.   You also agree to notify hometoday.com immediately if unauthorized use of your account has occurred or if you are aware of any other security breach.   hometoday.com cannot and will not be held responsible or liable for any damage or loss resulting from your failure to comply with this section.  

VI.   User Conduct

You agree that all "content," meaning, data, information, text, software, sound, photographs, graphics, video, messages, or any other material, whether it is posted publicly or privately transmitted, is the sole responsibility of the originator of that content.   Therefore, you agree that you bear all risks associated with the use of any content on the site including reliance upon the completeness, correctness, or utility of that content.  

If you post, e-mail, or upload to the hometoday.com website, you, not hometoday.com, are entirely responsible for the content that you post, upload, e-mail, or otherwise transfer to the site.  

hometoday.com does not control the content posted by users, therefore, it does not guarantee the accuracy, completeness, or integrity of such content.  

Whether posted by users or created by hometoday.com, there are no circumstances under which hometoday.com will be held liable for any content, including but not limited to content errors and omissions, losses, or damages arising from the use or review of any content transmitted, e-mailed, posted, or otherwise made available at hometoday.com

You agree not to use hometoday.com to

  1. harm anyone in any way
  2. invade the privacy of others
  3. collect or store personal information about other users
  4. interfere with the capacity of other users to use and enjoy the hometoday.com website
  5. impersonate anyone or any entity or misrepresent your relationship with any person or entity
  6. post, e-mail, upload, or otherwise make available any content which is harmful, threatening, abusive, harassing, defamatory, libelous, tortious, unlawful, vulgar, obscene, hateful, or otherwise objectionable
  7. post, e-mail, upload, or otherwise make available information that you do not have the authority to make available because of your existing contractual or fiduciary relationships
  8. post, e-mail, upload or otherwise make available content that infringes on copyrights, trademarks, patents or other proprietary rights of any person or entity
  9. post, e-mail, upload or otherwise make available unauthorized advertising, promotional, or marketing materials, "chain letters", "junk mail," or any other form of solicitation
  10. post, e-mail, upload or otherwise make available any material that contains computer viruses, other code, files, or programs created to destroy, limit, or otherwise interrupt the normal functioning of any software, hardware, or telecommunications equipment
  11. violate, either intentionally or unintentionally, any applicable international, national, state, or local law or any regulations that have the force of law.  

You further agree that while hometoday.com does not pre-screen content provided by users, hometoday.com and its authorized designees have the right (but not the obligation) to refuse to post, remove or replace any content available on the site for any reason whether or not it is objectionable or violates the Terms of Service agreement.

You acknowledge that hometoday.com has the right to preserve content and disclose content and its source if required by law or if, in the good faith belief that disclosure is necessary to comply with the legal process, to respond to claims, enforce the Terms of Service, or protect the rights and property of hometoday.com, its creators, designees, users, or the general public.  

You acknowledge that in order to properly transfer or transmit data, changes to those data may be required, and hometoday.com will not be held liable for errors or omissions that result.  

You agree to comply with all relevant laws, regulations, and rules dealing with the export of technical information from the United States or from your resident country.  

VII.   Public Content Placed on the hometoday.com Website

By uploading, e-mailing, or posting data to hometoday.com, you grant hometoday.com a world-wide, sublicensable, royalty-free, perpetual, non-exclusive license to adapt, change, publish, translate, reproduce, distribute, or otherwise display the content in part or in entirety now and in the future in any media or via any technology that exists now or will be developed in the future.  

VIII.   Indemnity

You agree to indemnify and hold HOMETODAY, LLC, owner of hometoday.com, as well as its officers, subsidiaries, affiliates, partners, and employees, harmless from any claim or demand, including any attorney fees, made by any party arising from content you provide to hometoday.com, your use of hometoday.com, your connection to hometoday.com, your violation of the Terms of Service, your violation of applicable law, or your violation of the rights of others.  

IX.   Storage and Site Monitoring

You agree that hometoday.com may set limits on the amount of data you may store, the frequency of your use of the site, the server space allotted to you, or any other limits that will enhance maintenance and operation of the site and maximize the efficiency for other users.   You agree that hometoday.com will not be held responsible or liable for the deletion or failure to store data, messages, or content.   You also agree that hometoday.com can change these practices at any time at its own discretion without prior notification.

X.   Service Changes

hometoday.com reserves the right to suspend or discontinue service, whether temporarily or permanently without notice.   You agree that hometoday.com shall not be liable to you or any other party for any modification or suspension of service.  

XI.   Termination

You agree that hometoday.com may terminate your site access by terminating your account and password or by removing any content you have provided from the site for any reason and without prior notification.   hometoday.com may also terminate or stop providing service or parts of the service for any reason without prior notification.  You agree that hometoday.com shall not be held responsible or liable by you or any other party for termination of your access to the site.  

XII.   Other Users, Providers, and Advertisers

Your correspondence or activities with other users, service providers, or advertisers found as a result of your use of hometoday.com, including the payment or delivery of goods and services, and any other terms, guarantees, warranties, or representations associated with such correspondence or activity exist solely between you and such user, provider, or advertiser.   hometoday.com is not responsible or liable for any damage or loss you may incur resulting from such activity between you and other users, service providers, or advertisers.  

XIII.   Access To Other Sites

hometoday.com provides links to other Internet sites and resources. hometoday.com has no control over those sites and resources.   Therefore, you agree that hometoday.com shall not be held liable or responsible for the availability or lack thereof of access to any other site or resource.   Further, hometoday.com shall not be held responsible for the products, content, advertising, or other materials which may be available on other sites or resources. You also agree that hometoday.com shall not be held liable or responsible for damages or losses you may incur as a result of your reliance on content, advertising, product, or materials available on other sites or resources.  

XIV.   Proprietary Rights

You agree that documentation, materials, designs, resources, and program code on the hometoday.com website contain proprietary information protected by applicable intellectual property laws.   You also agree that content provided by sponsors or advertisers on the site is also protected by intellectual property laws including copyright, trademark, or patent laws and regulations.   Unless expressly agreed upon by written contract, you agree not to modify, sell, resell, rent, lease, loan, or create derivative content from the materials, designs, resources, or code found on the hometoday.com website.  

You agree to access hometoday.com only via the web page interface provided on the site.   You also agree not use any means to obtain unauthorized access to the site or its contents.   Neither you nor any unauthorized party may attempt to reverse engineer, copy, modify, or otherwise determine the source code, directory structure, server structure, applications used, or other mechanisms used to provide content or operate the site.  

XV.   Warranty Disclaimer

You expressly understand, acknowledge and agree that you access hometoday.com at your own risk.   The contents of the site are provided on an "as-is" and "as available" basis.   hometoday.com expressly disclaims all expressed or implied warranties of any kind.   This includes but is not limited to implied warranties regarding merchantability, fitness for a particular purposes, or infringement.  

You expressly understand, acknowledge and agree that hometoday.com makes no warranty that the website will

  • meet your requirements
  • provide timely, uninterrupted, secure, or error-free service
  • provide answers or results that are accurate and reliable

You expressly understand, acknowledge, and agree that hometoday.com makes no warranty regarding the quality of content, products, or services you obtain on the site, nor does it guarantee that any content, product, or service you obtain will meet your expectations.   hometoday.com also does not guarantee that errors of any kind, factual, code-based, or otherwise, will be corrected.  

Any material you download from hometoday.com is downloaded at your own risk.   hometoday.com shall not be held liable or responsible for any damage to your hardware or software that may result from the download of material from the website.  

No advice or other information you receive from hometoday.com, whether oral or written, may be construed as creating any warranty not stated in this Terms of Service agreement.  

XVI.   Liability Limitation

You expressly understand, acknowledge, and agree that hometoday.com will not be held liable or responsible for any harm or damage you incur resulting from your ability or inability to access the website, unauthorized access to data you provide or alteration of those data, statements made by other users of hometoday.com, the costs of procuring substitute goods or services as a result of transactions you may have entered based upon your use of hometoday.com, or any other matter relating to the use of hometoday.com. Such damages include but are not limited to direct, indirect, consequential, or incidental damages resulting from a loss of goodwill, profit, or data, or damage from any other intangible losses.  

Note that some jurisdictions may not allow the exclusion or limitation of certain warranties nor may they allow the limitation of liability.   You may have certain legal rights that vary from state to state.  

XVII.   Trademark Information

hometoday.com and the hometoday.com logo are service marks of HOMETODAY, LLC  and may not be reused or reproduced without the express written permission of HOMETODAY, LLC

XVIII.   Notice

Any notice to you may be via electronic mail or regular mail.   Changes to the Terms of Service or other matters will be displayed on the Terms of Service page or by displaying notices throughout the hometoday.com website.  

XIX.   Other Information

This agreement constitutes the entire agreement between you and hometoday.com.   All other agreements are superceded.   This agreement is governed by the laws of the State of Maryland.   You and hometoday.com agree to the exclusive jurisdiction of the Montgomery County, Maryland court system.   The failure of hometoday.com to enforce any rights does not constitute an abdication or waiver of those rights.  

If any section or part of this agreement is found invalid by a court of proper jurisdiction, you and hometoday.com agree that the court will provide redress according to the spirit of the offending part and that the remainder of this agreement remains in effect in full force.  

Regardless of any law, statute, or regulation to the contrary, any action or claim arising from this Terms of Service agreement or use of hometoday.com must be brought within one year after such claim or cause or action arose or be forever barred.  

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