TERMS AND CONDITIONS
IMPORTANT – READ CAREFULLY. THESE TERMS AND CONDITIONS DEFINE THE RELATIONSHIP BETWEEN Jeff 1 Equity Owner, LLC, on behalf of its subsidiary asset companies, and BAF 3, LLC (collectively marketing as, “MAIN STREET HOME OFFERS”) AND THE PERSON (“USER” OR “YOU”) ACCESSING THE MAIN STREET HOME OFFERS WEBSITE AT THIS URL, INCLUDING ALL ASSOCIATED WEBPAGES (THE “SITE”). YOU MAY USE THE SITE ONLY IF YOU ARE 18 YEARS OF AGE OR OLDER, YOU HAVE THE CAPACITY TO FORM A BINDING CONTRACT, AND YOU ARE NOT A PERSON BARRED FROM ACCESSING THE SITE UNDER THE LAWS OF THE UNITED STATES OR ANY OTHER JURISDICTION. IF YOU ARE ACCEPTING THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY, ORGANIZATION, GOVERNMENT, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO DO SO. IF YOU CANNOT CONFIRM THE FOREGOING, THEN YOU MUST NOT AGREE TO THESE TERMS AND CONDITIONS AND MAY NOT USE THE SITE. YOU MAY USE THE SITE ONLY IN COMPLIANCE WITH THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS.
YOU ACKNOWLEDGE AND AGREE THAT BY USING THE SITE, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE THE SITE UNLESS AND UNTIL YOU ACCEPT THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT MAIN STREET HOME OFFERS MAY CREATE AND MAKE AVAILABLE ON THE SITE FROM TIME TO TIME.
- 1. Agreement with Respect to Terms and Conditions
These Terms and Conditions constitute a legally binding agreement between MAIN STREET HOME OFFERS and you. You are responsible for regularly reviewing these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time at WEBSITE URL FOR TERMS. You acknowledge that you have read these Terms and Conditions and accept, understand and will be bound by them. You further acknowledge that these Terms and Conditions, together with MAIN STREET HOME OFFERS’s additional Online Privacy Statement, which is incorporated herein by reference, represent the complete and exclusive statement of the agreement between MAIN STREET HOME OFFERS and you relating to your access or use of the Site and supersede any proposal or prior agreement, oral or written, and any other communications between the parties regarding such matters.
- 2. Amendment
MAIN STREET HOME OFFERS may amend these Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. We may terminate these Terms and Conditions at any time by suspending or terminating access to the Site and/or otherwise notifying you of our decision. Your continued use of the Site after we have posted revised Terms and Conditions signifies your acceptance of such revised Terms and Conditions. No amendment or modification of these Terms and Conditions will be binding unless in writing and signed by MAIN STREET HOME OFFERS’s duly authorized representative or posted to the Site by such representative.
- 3. Services; Scope of License
The Site may enable access to MAIN STREET HOME OFFERS’s and third party services and web sites (collectively and individually, the “Services”). Use of the Services requires Internet access.
The Site is licensed, not sold, to User for use only under these Terms and Conditions, unless a specific MAIN STREET HOME OFFERS product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to User’s acceptance of that separate license agreement. MAIN STREET HOME OFFERS reserves all rights not expressly granted to User. This agreement is subject to occasional amendment in accordance with the provisions above.
The license granted to User by MAIN STREET HOME OFFERS is limited to a personal, nontransferable, nonexclusive, non-sublicensable license to use the Site on any supported computing and/or mobile device that User owns or controls. This license does not allow User to use the Site on any device that User does not own or control. User may not distribute or make the Site available over a network where it could be used by multiple devices at the same time. User may not rent, lease, lend, sell, redistribute or sublicense the Site. User may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Site). Any attempt to do so is a violation of the rights of MAIN STREET HOME OFFERS and its licensors. If User breaches this restriction, User may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by MAIN STREET HOME OFFERS that replace and/or supplement the original Site, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
The license granted pursuant to these Terms and Conditions is solely for your personal use (but not for resale or redistribution) and may not be used for any other purposes. You have no right or claim of right to any Site content or any unique ideas found on the Site. No ownership rights are granted to you hereunder and no title is transferred hereby.
You agree that you are not a competitor of MAIN STREET HOME OFFERS in the real estate or financial services industry. Competitors and their employees, agents, and contractors may not use this Site for any purpose. Employees of competitors may use this Site for their personal use so long as information is not disclosed to a competitor business, used for a commercial purpose or used for any purpose of competing with MAIN STREET HOME OFFERS.
- 4. Information, Products and Services Offered are Subject to Our Acceptance
MAIN STREET HOME OFFERS is not a licensed real estate broker or agent, does not provide financial advice or services and all transactions conducted are for its own account.
Information on this Site is not intended for distribution to, or use by, any persons or entities in any jurisdictions or countries where such distribution or use are not authorized or licensed, or where any content of or transaction on this Site is unlawful. Users of this Site use the Site on their own initiative and are responsible for compliance with local laws; nothing offered on this Site is offered exclusively on this Site, except these disclosures. None of the products or services referenced on this Site shall constitute an offer to contract or an offer of credit.
This Site may provide general information about MAIN STREET HOME OFFERS and the products or services offered by MAIN STREET HOME OFFERS. Information on the Site does not constitute an offer to sell or a solicitation of any particular product or service. Some products or services are not available in all states, and the products and services are generally not available for purchase outside the United States. Your eligibility for any particular products and services referenced on this Site is subject to final determination, restrictions and acceptance by us or the affiliate that issues the product or service.
MAIN STREET HOME OFFERS may discontinue or make changes to the information, products, licenses or services described herein at any time. Any dated information is published as of its publication date only. MAIN STREET HOME OFFERS does not undertake any obligation or responsibility to update or amend any such information. MAIN STREET HOME OFFERS reserves the right to terminate any or all offerings without prior notice to the user. Furthermore, by offering information, products or services via this Site, no solicitation is made by MAIN STREET HOME OFFERS to any person to use such information, products or services in jurisdictions where the provision of information, products or services is prohibited by law.
Unless otherwise addressed in these Terms and Conditions, your use of the Site is subject to MAIN STREET HOME OFFERS’s additional Online Privacy Statement. It is important that you read and understand the terms of the Online Privacy Statement. By entering into these Terms and Conditions, you represent that you have read, understood and accepted the Online Privacy Statement. MAIN STREET HOME OFFERS may cooperate with and disclose information (including your personal information) to any authority, government official or third party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement, whether related or unrelated to your use or misuse of this Site.
You also agree that MAIN STREET HOME OFFERS may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of product support and other services (if any) related to the Site. MAIN STREET HOME OFFERS may use this information to improve its products or to provide services or technologies to you.
If you provide, or have provided, a telephone number or email address to us (either through the Site or by other means), you expressly agree that we (or an agent on our behalf) may contact you at that number and/or address in order to provide you with informational and service messages, including via text message, push notification and/or by using automated telephone technology. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. You may revoke your consent to be contacted at such number(s) by emailing us at email@example.com or by replying STOP to a text notification. Standard message and data rates may apply.
Please refer to our Online Privacy Statement for more information about our use of data.
- 6. Security of Account Credentials
You are solely responsible for maintaining the confidentiality of your Site log-in credentials. You agree to notify us immediately if you have reason to believe that someone is using the Site or your account without your permission. Except to the extent required by law, MAIN STREET HOME OFFERS will not be responsible for any losses arising out of your failure to notify us of unauthorized use, or any loss or damage you may incur as a result of someone else using your account, either with or without your knowledge. You agree to indemnify and hold harmless MAIN STREET HOME OFFERS and its managers, officers, equity holders, employees, partners, parents, subsidiaries, agents, and licensors, as applicable, for any improper, unauthorized or illegal uses of your log-in credentials.
- 7. Content
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site (collectively, “Content”) is owned, controlled or licensed by or to MAIN STREET HOME OFFERS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The Site is operated and maintained by MAIN STREET HOME OFFERS and/or its licensors and suppliers (collectively, “Licensors and Suppliers”). Subject to the limited rights to use the Site pursuant to these Terms and Conditions, MAIN STREET HOME OFFERS retains all right, title and interest in and to the Site, including all related intellectual property contained therein. You acknowledge that MAIN STREET HOME OFFERS may enhance, supplement, modify, or remove Content in the Site at any time for any reason without notice to you, but that MAIN STREET HOME OFFERS shall have no duty to update any such Content. You acknowledge that there may be inaccuracies or typographical errors in Content on the Site from time to time. MAIN STREET HOME OFFERS specifically disclaims all liability for such inaccuracies or errors.
All rights, title and interest in and to the user interface and Content on or through the Site shall belong to MAIN STREET HOME OFFERS or its Licensors and Suppliers, including all modifications thereof and enhancements thereto.
Unpublished rights reserved under the copyright laws of the United States.
- 8. Submissions
Any information submitted to MAIN STREET HOME OFFERS via this Site shall become and remain the property of MAIN STREET HOME OFFERS and its affiliates. MAIN STREET HOME OFFERS and its affiliates shall be free to use such information and any idea, concepts, know-how or techniques contained in that information for any purpose. All ideas, expressions and inventions (excluding any nonpublic personal information) submitted to the MAIN STREET HOME OFFERS via this Site shall be deemed and remain the property of MAIN STREET HOME OFFERS.
MAIN STREET HOME OFFERS shall not be subject to any obligations of confidentiality regarding such information, except as required by law, as agreed in a writing executed by all parties, or as set forth in the privacy practices or policies applicable to your relationship with us.
Users should be aware that information sent by e-mail may not be secure and may be intercepted by third parties. Please do not use e-mail to send MAIN STREET HOME OFFERS any confidential information or information which will need immediate attention. Confidential information and matters needing immediate attention may be addressed by contacting us at firstname.lastname@example.org or calling 404-806-2848.
- 9. Exclusivity; Third-Party Content
MAIN STREET HOME OFFERS HAS NO CONTROL OVER THIRD PARTY MATERIALS, THIRD PARTY SITES, OR THE CONTENT, TRANSACTIONS OR SERVICES ASSOCIATED WITH THEM. MAIN STREET HOME OFFERS CANNOT AND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE CONTENT CONTAINED IN THIRD PARTY MATERIALS OR THIRD PARTY SITES, INCLUDING OTHER LINKS, IS ACCURATE, LEGAL OR INOFFENSIVE. MAIN STREET HOME OFFERS HAS NO LIABILITY FOR THIRD PARTY SITES’ FAILURE TO PERFORM OR ANY ERRORS IN OR OMISSIONS REGARDING ANY INFORMATION WITHIN THIRD PARTY SITES. MAIN STREET HOME OFFERS DOES NOT REPRESENT OR WARRANT THAT A THIRD PARTY SITE WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER WEB ACCESS DEVICE. MAIN STREET HOME OFFERS DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO THIRD PARTY SITES. If you have a specific dispute or concern related to the content, product or services that needs to be addressed by a Third Party Site, you should contact the Third Party Site and not MAIN STREET HOME OFFERS.
In addition, Third Party Materials and Third Party Sites that may be accessed from, displayed on or linked to from the Site may not be not available in all languages or in all countries. MAIN STREET HOME OFFERS makes no representation that such materials or sites are appropriate or available for use in any particular location. To the extent you choose to access such materials or sites, you do so at your own initiative and you are responsible for compliance with any applicable laws, including but not limited to, applicable local laws.
- 10. Wireless Charges
Your wireless provider may charge for use of the Site, including fees for receipt of text messages or data transmission. You should contact your wireless provider to determine what fees, if any, will be charged. You acknowledge that you are responsible for all charges and necessary permissions related to accessing MAIN STREET HOME OFFERS and the Services through your mobile and/or internet service provider.
- 11. Prohibited Uses
Except as expressly provided in these Terms and Conditions, no part of the Site may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or any Content, in any manner.
Unauthorized use of MAIN STREET HOME OFFERS’s Site, including but not limited to unauthorized entry into MAIN STREET HOME OFFERS’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited.
Except as expressly provided in these Terms and Conditions, no part of the Site may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or any text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel” and arrangement of the content available on the Site (collectively, “Content”), in any manner.
You may not transfer or copy, without permission, any Content from the computing device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
You may not use the Site for illegal or unlawful or malicious activities, or for activities that MAIN STREET HOME OFFERS deems improper for any reason whatsoever in its sole judgment, including, without limitation, by trespass or burdening network capacity. In addition to the foregoing, while using the Site, you may not: (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten, defame, or otherwise infringe or violate the rights of any other party, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another person’s account without permission, or solicit another’s log-in information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; (f) “frame” or “mirror” any portion of the Site; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site; (h) harvest or collect information about or from other users of the Site; (i) send or otherwise post unauthorized commercial communications (such as spam); (j) engage in unlawful multi-level marketing, such as a pyramid scheme; (k) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (l) use the Site for any illegal activity; (m) probe, scan or test the vulnerability of the Site, nor breach the security or authentication measures on the Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; (n) access or use any portion of the Content if you are a direct or indirect competitor of MAIN STREET HOME OFFERS, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of MAIN STREET HOME OFFERS; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of these Terms and Conditions.
MAIN STREET HOME OFFERS reserves the right to take preventative or corrective actions to protect itself and its users. Your use of the Site is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site and liability for damages caused by your noncompliance. MAIN STREET HOME OFFERS is not in any way responsible for any non-conforming use by you.
- 12. Authorized Users; Representations and Warranties
In order to use the Site, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, these Terms and Conditions and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these Terms and Conditions, please do not attempt to access the Site.
We reserve the right to restrict access to the Site (or portions thereof) to registered users. In the event that any area of the Site requires you to register with us prior to our granting you access to such areas of the Site, you agree to provide truthful information, including but not limited to a User name and password, as well as your name, address, telephone number and a valid email address.
You further represent and warrant to MAIN STREET HOME OFFERS that (a) all information that you provide to MAIN STREET HOME OFFERS is accurate and truthful; (b) your acceptance and use of the Site pursuant to these Terms and Conditions does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound; (c) you will not use the Site in connection with any fraudulent or illegal activity or in any manner which interferes with the operations of the Site; and (d) you have the right, power, and authority to enter into these Terms and Conditions.
- 13. Disclaimer of Warranties
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SITE IS AT USER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SITE ("SERVICES") ARE PROVIDED "AS IS", “WITH ALL FAULTS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MAIN STREET HOME OFFERS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) HEREBY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, or GUARANTEES WITH RESPECT TO THE SITE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; (B) THE QUALITY, ACCURACY, TIMELINESS, or COMPLETENESS OF THE SITE; (C) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; or (d) CONFORMITY TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY. THE COMPANY PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH USER ENJOYMENT OF THE SITE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITE WILL MEET USER REQUIREMENTS, THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY COMPANY PARTY OR THEIR REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE SITE OR SERVICES PROVE DEFECTIVE, USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS.
- 14. Limitations on Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MAIN STREET HOME OFFERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF OR ACCESS TO THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MAIN STREET HOME OFFERSHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE, AND ALL USE OF the SITE, IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall MAIN STREET HOME OFFERS’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
If you are dissatisfied with any portion of the Site or the Services, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site and the Services.
- 15. Indemnification
YOU AGREE TO INDEMNIFY, defend, AND HOLD MAIN STREET HOME OFFERS, ITS THIRD PARTY VENDORS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL LIABILITY, LOSS, CLAIMS, EXPENSES, AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THIS SITE. Without limiting the foregoing, you will indemnify and hold MAIN STREET HOME OFFERS harmless with respect to any third party suits or claims arising out of: (a) your breach of these Terms and Conditions, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Site, or your misuse or abuse of the Site; or (ii) your violation of applicable laws, rules or regulations in connection with your use of the Site.
- 16. Affiliated Relationships
MAIN STREET HOME OFFERS has a business relationship with Bungalo Closing Services, a licensed title agency (“BCS”), and Main Street Renewal, a licensed real estate broker (“MSR”), through their parent company, Amherst Residential, LLC. MAIN STREET HOME OFFERS may use BCS as its title agent in the purchase of residential properties. Further, the leaseback program available as part of the purchase transaction is managed through MSR, as the property manager for the buyer of your property.
- 17. Interpretation; Notices
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, 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 Terms and Conditions shall continue in effect. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Except as otherwise specified in these Terms and Conditions, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (a) personal delivery, (b) the second business day after mailing, (c) the second business day after sending by confirmed facsimile, or (d) the first business day after sending by email. Except as otherwise expressly provided herein, or as updated from time to time by written notice to you, notices to us must be sent via email to email@example.com.
MAIN STREET HOME OFFERS may send notices to you with respect to your use of the Site by sending an email message to the email address provided to us or by sending a letter via U.S. mail to any contact address provided to us. You agree that we may provide notice to you through such means.
No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. MAIN STREET HOME OFFERS may assign its rights and privileges under these Terms and Conditions, without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms and Conditions shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
- 18. Termination
MAIN STREET HOME OFFERS, and its Licensors and Suppliers, reserve the right to change, suspend, remove, or disable access to the Site and/or any Services at any time without notice. In no event will MAIN STREET HOME OFFERS be liable for the removal of or disabling of access to the Site or any such Services. MAIN STREET HOME OFFERS may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
These Terms and Conditions will continue to be in effect for as long as we allow you access to and use of the Site and the Services, subject to any updates or revisions which we may make from time to time. User rights under these Terms and Conditions will terminate automatically without notice from MAIN STREET HOME OFFERS if you fail to comply with any term(s) of this agreement, but MAIN STREET HOME OFFERS reserves the right to terminate your participation privileges at any time, with or without cause.
Upon termination of this agreement, you shall cease all use of the Site.
- 19. Entire Agreement
These Terms and Conditions comprise the entire agreement between you and MAIN STREET HOME OFFERS relating to your access or use of the Site and supersede any proposal or prior agreement oral or written, and any other communications between the parties regarding such matters. There are no agreements, understandings, promises or conditions, oral or written, express or implied, concerning the subject matter of these Terms and Conditions or in consideration hereof that are not merged herein or superseded hereby. These Terms and Conditions shall not be modified, terminated, or discharged except by written instrument signed by authorized representatives of the parties hereto.
- 20. Governing Law
This agreement will be governed by the laws of the state of Texas. The exclusive jurisdiction for any claim, action or dispute with MAIN STREET HOME OFFERS or relating in any way to your use of the Site will be in the state and federal courts of the state of Texas and the venue for the adjudication or disposition of any such claim, action or dispute will be in Travis County, Texas. Your use of the Site also may be subject to other local, state, national, or international laws.
- 21. Miscellaneous
You may not use or otherwise export or re-export the Site except as authorized by United States law and the laws of the jurisdiction in which the Site was obtained. In particular, but without limitation, the Site may not be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Site, User represents and warrants that User is not located in any such country or on any such list.
The Site and related documentation may be “Commercial Items”, as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.