Terms & Use
1. Acceptance of our terms
By accessing or using “CashForHomesNow Services”, you agree to be bound by these Terms and all of the terms incorporated herein by reference.
You must be 18 years of age or older and reside in the United States or any of its territories to use the CashForHomesNow Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the CashForHomesNow Services or any features provided therein.
By accessing or using the CashForHomesNow Services, you represent and warrant that you have not been previously suspended or removed from the CashForHomesNow Services or engaged in any activity that could result in suspension or removal from the CashForHomesNow Services.
You should not construe CashForHomesNow’s publication of any content found on the CashForHomesNow Services as an endorsement by CashForHomesNow of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment or action made by the author of such content.
We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through the CashForHomesNow Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the CashForHomesNow Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not and we do not authorize you to use the CashForHomesNow Services. We strongly recommend that you periodically visit this page to review these Terms.
2. User Registration
You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the CashForHomesNow Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the CashForHomesNow Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the CashForHomesNow Services.
By providing information and/or answering questions, you also consent to receive electronic communications from CashForHomesNow (e.g., via email or by posting notices to the CashForHomesNow Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
3. Right to Access and Use the CashForHomesNow Services and Content
Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the CashForHomesNow Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the CashForHomesNow Services or Content under these Terms, or any other rights thereto other than to use the CashForHomesNow Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.
You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the CashForHomesNow Services or Content, (b) distribute, publicly perform or publicly display the CashForHomesNow Services or any Content, (c) modify or otherwise make any derivative uses of the CashForHomesNow Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the CashForHomesNow Services or Content, except as expressly permitted by us, (f) use the CashForHomesNow Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the CashForHomesNow Services or servers or networks used in connection with the CashForHomesNow Services; or (h) use the CashForHomesNow Services or Content other than for their intended purposes.
Any use of the CashForHomesNow Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of CashForHomesNow or any third party, whether by estoppel, implication or otherwise.
You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the CashForHomesNow Services (or any features or parts thereof) at any time.
4. Trademarks
5. Legal Requirements; Privacy Policy
Please further note that we are not responsible and shall not be liable for any of the privacy practices or Privacy Policies of CashForHomesNow customers regardless whether or not the customer uses our CashForHomesNow Services to host the customer website. Each individual customer is responsible for their respective privacy practices and disclaimers.
6. User Content
You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the CashForHomesNow Services.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the CashForHomesNow Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the CashForHomesNow Services at your sole cost and expense.
7. Rights in User Content
You agree that CashForHomesNow may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of CashForHomesNow, its customers or the public.
8. Feedback
9. Third-Party Sites
Any links to third-party websites or any connection to any hosted websites are provided as a convenience to you and are neither owned nor controlled by CashForHomesNow. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services and practices. Your viewing and use of any third-party websites is at your sole discretion and risk.
10. Indemnification
11. General Disclaimers
CLIENT DOES NOT REPRESENT OR WARRANT THAT THE CLIENT SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE CLIENT SERVICES OR THE SERVERS THAT MAKE THE CLIENT SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. CLIENT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE CLIENT SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE CLIENT SERVICES IS AT YOUR SOLE RISK. CLIENT DOES NOT WARRANT THAT YOUR USE OF THE CLIENT SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. CLIENT SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE CLIENT SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE CLIENT SERVICES.
12. Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF CLIENT ARISING OUT OF OR IN ANY WAY RELATED TO THE CLIENT SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE CLIENT’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
13. Arbitration
YOU AND CLIENT AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE CLIENT SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and CashForHomesNow agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. CashForHomesNow further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and CashForHomesNow are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the CashForHomesNow Services. Further, unless both you and CashForHomesNow agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
14. Class Action Waiver
15. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the CashForHomesNow Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.
16. Governing Law and Jurisdiction
CashForHomesNow operates the CashForHomesNow Services from Florida, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of Florida, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Florida shall not apply. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be state and federal courts sitting in Palmetto Bay, Florida, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens with respect to such courts.
17. Notice
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to CashForHomesNow at the following contact: [INSERT CONTACT EMAIL]. Any notices to you may be made via either e-mail or postal mail to the address in CashForHomesNow’s records or via posting on the CashForHomesNow Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.
18. Severability
19. Procedure for Making Claims of Copyright Infringement
CashForHomesNow’s copyright agent for notice of claims of copyright infringement can be reached as follows:
CashForHomesNow
Attn: _____________
___________________
___________________
