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THE FOLLOWING DESCRIBES THE TERMS OF LICENSING THE
HOME INVESTOR SYSTEM AND MEMBERSHIP TO THE ASSOCIATION OF HOME INVESTOR
SPECIALISTS. |
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This License Agreement ("Agreement") is a
contract between you and The Home Investor (BizBrick Corporation) and
applies to your use of the Home Investor marketing systems and services,
membership of The Association of Home Investor Specialists (Association)
and any related products and services made available through BizBrick
Corporation, (collectively "Member"). If you do not agree to
be bound by the terms and conditions of this Agreement, please do not
apply for a Home Investor License. When you license The Home Investor
system, you also become a member of The Association of Home Investor
Specialists. |
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You must read, agree with, and accept all of the
terms and conditions contained in this Agreement and the Privacy Policy,
which include those terms and conditions expressly set out below and
those incorporated by reference, before you may become a licensed
Member. We strongly recommend that, as you read this Agreement, you also
access and read the information contained in the other pages and
websites referred to in this document, as they may contain further terms
and conditions that apply to you as a Member. Please note: underlined
words and phrases are links to these pages and websites. By accepting
this Agreement, you also agree that your use of other Home Investor
websites and Services will be governed by the terms and conditions
posted on those websites. |
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For Brokers joining the Association as Broker
Members or Mortgage Broker Members, you agree to provide a copy of these
terms and conditions to each employee and associate agent registered
with your firm. You also agree to accept responsibility and liability
for any non-compliance with these terms by your employees, partners,
associates and independent contractors working as Real Estate Agents for
your brokerage, unless your employee, partner or agent has an individual
license. |
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We may amend this Agreement at any time by posting
the amended terms on our website (www.IAHIS.com) or the Member Intranet.
Except as stated below, all amended terms shall be effective 30 days
after they are initially posted on our site. |
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In this Agreement, "you" or
"your" means any person or entity using the Service
("Members"). Unless otherwise stated, "Home
Investor," "Association," "we" or
"our" will refer collectively to BizBrick Corporation and its
subsidiaries including ushomeinvestor.com. |
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This Agreement was last modified on December 13th
2004. |
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1.Eligibility. In order to use the Member Services,
you must register as a Member of the Association. Members may only hold
one Membership account, as either an individual or a Broker company. Our
Services are only available to individuals and companies that can form
legally binding contracts under applicable law. Without limiting the
foregoing, our Membership is not available to minors, persons who are
suspended from Membership, or to persons who present an unacceptable
level of risk. Applicants for Membership must, where required by law, be
licensed or certified to sell Real Estate property as an Agent or
Broker. In the USA Applicants must hold a valid Real Estate Salesperson
or Brokers license. |
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2.The Legal Relationship between You and BizBrick
Corporation. |
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2.1 Release. In the event that you have a dispute
with one or more consumers, you release BizBrick (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from any
and all claims, demands and damages (actual and consequential) of every
kind and nature arising out of or in any way connected with such
disputes. |
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2.2 No Warranty. WE, OUR PARENT, SUBSIDIARIES,
EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE,
OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not
apply to you. This warranty gives you specific legal rights and you may
also have other legal rights that vary from state to state. |
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2.3 Limitation of Liability. IN NO EVENT SHALL WE,
OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN CONNECTION WITH OUR WEB SITE, MEMBERSHIP, OUR SERVICE, OR THIS
AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not
allow the exclusion of limitation of incidental or consequential damages
so the above limitation or exclusion may not apply to you. |
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OUR LIABILITY, AND THE LIABILITY OF OUR PARENT,
SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. |
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2.4 Indemnification. You agree to indemnify and
hold BizBrick, its parent, subsidiaries, affiliates, officers, directors
and employees harmless from any claim or demand (including attorneys'
fees) made or incurred by any third party due to or arising out of your
Membership in the Association, or your violation of any law or the
rights of a third party relating to your Membership in the Association
or the use of any related Services. |
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3.Fees. All membership fees are set forth in the
Fee Schedule. All fees will be assessed in US dollars. Your account and
all transactions are made and displayed in U.S. dollars unless otherwise
specified and may be subject to exchange rates. |
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4.International Use. To be eligible for membership,
you must be a resident of the United States or one of the approved
countries listed below: |
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Anguilla
Argentina
Australia
Austria
Belgium
Brazil
Canada
Chile
China
Costa Rica
Denmark
Dominican
Republic
Finland
France
Germany
Greece
Hong Kong
Iceland
India
Ireland
Israel
Italy
Jamaica
Japan
Luxembourg
Mexico
Netherlands
New Zealand
Norway
Portugal
Singapore
South Korea
Spain
Sweden
Switzerland
Taiwan
United
Kingdom
United
States |
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YOU MAY ONLY SIGN UP FOR ASSOCIATION MEMBERSHIP
AFTER DETERMINING THAT BECOMING A MEMBER VIOLATES NO LAWS OR REGULATIONS
IN YOUR RESPECTIVE COUNTRY AND JURISDICTION. If you are an international
Member (non USA), you warrant that you are violating no law or
regulation by your use of Home Investor Services or by membership in The
Association Of Home Investor Specialists. |
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7.Your Information and Restricted Activities |
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7.1 Definition. "Your Information" is
defined as any information you provide to us or other users in the
registration, payment process, stores or other features of our Service.
You are solely responsible for Your Information, as we act as a passive
conduit for your online distribution and publication of Your
Information. |
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7.2 Restricted Activities. Your Information and
your activities (including your payments and receipt of payments)
through our Service shall not: (a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) consist of providing yourself a cash advance from your credit card
(or helping others to do so), (d) be related in any way to gambling
and/or gaming activities, including but not limited to payment or the
acceptance of payments for wagers, gambling debts or gambling winnings,
regardless of the location or type of gambling activity (including
online and offline casinos, sports wagering and office pools), with the
exception of payments for gaming transactions that are expressly
authorized by law in the jurisdiction of both the sender and the
recipient of the payment; (e) infringe on any third party's copyright,
patent, trademark, trade secret or other property rights or rights of
publicity or privacy; (f) violate any law, statute, ordinance, contract
or regulation (including, but not limited to, those governing financial
services, consumer protection, unfair competition, antidiscrimination,
or false advertising); (g) be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (h) be obscene or contain child
pornography; (i) contain any viruses, Trojan horses, worms, time bombs
cancelbots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or other personal information; and (j)
create liability for us or cause us to lose (in whole or in part) the
services of our ISP's or other suppliers. If you use, or attempt to use
the Service for purposes other than sending and receiving payments and
managing your account, including but not limited to tampering, hacking,
modifying or otherwise corrupting the security or functionality of
Service, your account will be terminated and you will be subject to
damages and other penalties, including criminal prosecution where
available. |
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7.3 License. Solely to enable BizBrick to use the
information you supply us with, so that we are not violating any rights
you might have in that information, you agree to grant us a
non-exclusive, worldwide, royalty-free, perpetual, irrevocable,
sublicensible (through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights) you have in Your
Information, in any media now known or not currently known, with respect
to Your Information. BizBrick will use and protect Your Information in
accordance with our Privacy Policy. |
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7.4 Trademarks. Home Investor, HIS, AHIS, Home
Investor Specialist, The Home Investor, The Home Inve$tor, Home
Inve$tor, BizBrick, and all related logos, products and services
described in this website are either trademarks or registered trademarks
of BizBrick Corporation, or its licensors, and (aside from the
circumstances described below) may not be copied, imitated or used, in
whole or in part, without the prior written permission of BizBrick. In
addition, all page headers, custom graphics, button icons, and scripts
are service marks, trademarks, and/or trade dress of Home Investor may
not be copied, imitated, or used, in whole or in part, without the prior
written permission of BizBrick. |
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Notwithstanding the above, logos provided by Home
Investor through its Membership Program may be used without prior
written consent for the purpose of publicizing your membership of the
Association. These Logos may not be altered, modified, or changed in any
way, or used in a manner that is disparaging to Home Investor or the
Service. Logos may not be displayed in any manner that implies
sponsorship or endorsement by Home Investor. Home Investor is a
marketing service, and no partnership, joint venture, agency,
employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement. |
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7.5 Copyright. All web site content at
www.ushomeinvestor.com is the copyright of BizBrick Corporation. The
Home Investor newsletter is copyright of BizBrick Corporation. No
material supplied to Members under this agreement may be published on
the internet without prior written approval from BizBrick Corporation.
NEWSLETTERS AND EMAIL
NEWSLETTERS ARE INTENDED FOR PRINT AND EMAIL DISTRIBUTION TO MEMBER'S
OWN DATABASE OF SUBSCRIBED CUSTOMERS ONLY AND MAY NOT BE USED IN ANY
FORM OF UNSOLICITED EMAIL MARKETING CAMPAIGNS. The WEBSNAP service allows Members to
incorporate Home Investor online content into the member website ONLY BY
THE USE OF FRAME PAGE TECHNOLOGY as described in the setup instructions;
absolutely no copying of Internet content is permitted under any
circumstances. |
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8.Access and Interference. You agree that you will
not use any robot, spider, other automatic device, or manual process to
monitor or copy our web pages or the content contained herein without
our prior expressed written permission. You agree that you will not use
any device, software or routine to interfere or attempt to interfere
with the proper working of the Home Investor site or any activities
conducted on our site. You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is proprietary or is
licensed to Home Investor by our members, users or third parties. You
agree that you will not copy, reproduce, alter, modify, create
derivative works, publicly display or frame any content (except for Your
Information) from our web site without the prior expressed written
permission of BizBrick or the appropriate third party. If you use, or
attempt to use the Service for purposes other than promoting your
membership status, including but not limited to tampering, hacking,
modifying or otherwise corrupting the security or functionality of
Service, your membership account will be terminated and you will be
subject to damages and other penalties, including criminal prosecution
where available. |
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9.Privacy and Security. We do not sell or rent your
personal information to third parties for marketing purposes without
your consent. |
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10.Termination. You may terminate your Membership
at any time. If membership is terminated within the first 30 days all
membership fees will be refunded (this excludes the application
processing fee). If you fail to maintain a valid license to sell Real
Estate you must immediately terminate your membership by notifying
Member Services. BizBrick may terminate your membership for
non-compliance to the terms of this Membership Agreement or for failure
to provide quality service to referred customers. Membership fees are
only refundable at the discretion of BizBrick Corporation when
termination of membership is as a result of action taken by BizBrick
Corporation; in all other circumstances fees are non-refundable other
than within the first 30 days of membership. Upon termination of
Membership, you relinquish all rights to use any Home Investor or
BizBrick materials, trademarks and logos in any way. Termination of
Membership requires you immediately cease using all logos, trademarks
and materials granted under this Agreement. |
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11.Assignability. You may not transfer any rights
or obligations you may have under this Agreement without the prior
written consent of BizBrick. BizBrick reserves the right to transfer
this Agreement or any right or obligation under this Agreement without
your consent. |
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12.Legal Compliance. You shall comply with all
applicable domestic and international laws, statutes, ordinances,
regulations, contracts and applicable licenses regarding your use of our
Services. |
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13.Additional Terms. |
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13.1 Broker Membership. When joining the
Association as a Broker Company, you agree to disclose upon request by
BizBrick the number of licensed Real Estate Agents registered with your
company. You further agree that, as a member Broker, you have an
obligation to ensure quarterly fees are paid by each Agent in your
office. Failure of any one agent to pay their fees may result in the
Home Investor services being suspended or withdrawn until such time as
all fees are paid up-to-date. |
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14.Notices. |
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14.1 Electronic Communications. You agree that this
Agreement constitutes "a writing signed by You" under any
applicable law or regulation. To the fullest extent permitted by
applicable law, this Agreement and any other agreements, notices or
other communications regarding your account and/or your use of the
Service ("Communications"), may be provided to you
electronically and you agree to receive all Communications from Home
Investor in electronic form. Electronic Communications may be posted on
the pages within the Home Investor website or Intranet and/or delivered
to your e-mail address. You may print a copy of any Communications and
retain it for your records. All Communications in either electronic or
paper format will be considered to be in "writing," and to
have been received no later than five (5) business days after posting or
dissemination, whether or not you have received or retrieved the
Communication. BizBrick reserves the right but assumes no obligation to
provide Communications in paper format. |
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14.2 Procedure. Except as explicitly stated
otherwise, any notices shall be given by postal mail to BizBrick
Corporation, Attn: Legal Department, 169 Delorenzo Drive, Duxbury,
Massachusetts 02332 (in the case of BizBrick or Home Investor) or to our
online message center or the email address you provide to Home Investor
during the registration process (in your case). Notice shall be deemed
given 24 hours after posted or email is sent, unless the sending party
is aware that the electronic communication was not received.
Alternatively, we may give you notice by mail to the address provided to
Home Investor during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing. |
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14.3 Licensed Areas: Members must specify desired
market areas when applying for a membership license. If the requested
areas are not assigned to an existing Member, they will be reserved and
allocated to the New Member provided all other requirements of the
application process have been met to the satisfaction of BizBrick. In large urban areas, it may not
be possible for one member to adequately support and service the
inquiries received from USHomeInvestor.com and it may be necessary for
BizBrick to sub-divide the area into two or more sub-areas prior to
assignment to a member. After an area is assigned, this process of
sub-dividing an area may only be undertaken if the assigned Member
cannot reasonably demonstrate that all referred inquiries have been
professionally and personally handled to the satisfaction of the
customers. Any existing members within an area that is to be sub-divided
subsequent to assignment will be duly notified and given the option to
choose one or more sub-areas or to cancel their membership to receive a
pro-rated refund for the balance of their membership |
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15.Legal Disputes. In the event a dispute arises
between you and The Home Investor, our goal is to provide you with a
neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and The Home Investor (BizBrick) agree that any
controversy or claim at law or equity that arises out of this Agreement
or BizBrick's (Home Investor) services ("Claims") shall be
resolved in accordance with one of the subsections below, or as
otherwise mutually agreed upon in writing by the parties. Before
resorting to these alternatives, BizBrick strongly encourages users
first to contact The Home Investor directly to seek a resolution.
BizBrick will consider reasonable requests to resolve the dispute
through alternative dispute resolution procedures, such as mediation, as
an alternative to litigation. |
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15.1 Arbitration. For any Claim (excluding Claims
for injunctive or other equitable relief) where the total amount of the
award sought is less than $10,000, you or BizBrick may elect to resolve
the dispute through binding arbitration conducted by telephone, on-line,
and/or based solely upon written submissions where no in-person
appearance is required. In such cases, the arbitration shall be
administered by the American Arbitration Association or JAMS, in
accordance with their applicable rules, or any other established ADR
provider mutually agreed upon by the parties. Any judgment on the award
rendered by the arbitrator may be entered in any court having
jurisdiction thereof. |
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15.2 Court. Alternatively, any Claim may be
adjudicated by a court of competent jurisdiction located in Plymouth
County, Massachusetts. You and BizBrick agree to submit to the personal
jurisdiction of the courts located within the county of Plymouth,
Massachusetts. |
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15.3 Alternative Dispute Resolution. BizBrick will
consider use of other alternative forms of dispute resolution, such as
binding arbitration to be held in Plymouth County, Massachusetts or
another location mutually agreed upon by the parties. |
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15.4 Violations of Section 15. All Claims
(excluding requests for injunctive or equitable relief) between the
parties must be resolved using the dispute resolution mechanism that is
selected in accordance with this Section by the party first to assert a
Claim, either through a court filing or commencement of arbitration.
Should either party file an action contrary to this Section 15, the
other party may recover attorneys' fees and costs up to $10000.00,
provided that the party seeking the award has notified the other party
in writing of the improperly filed Claim, and the other party has failed
to withdraw the Claim. |
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16.General. This Agreement is governed by and
interpreted under the laws of the state of Massachusetts, U.S. as such
laws are applied to agreements entered into and to be performed entirely
within Massachusetts by Massachusetts residents. Notwithstanding the
foregoing sentence, the Federal Arbitration Act ("FAA"), and
all of its rules and procedures, shall govern Section 16 hereof, to the
extent that the FAA is inconsistent with Massachusetts law. We do not
guarantee continuous, uninterrupted or secure access to our service, and
operation of our site may be interfered with by numerous factors outside
of our control. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. You agree that this Agreement and all
incorporated agreements may be automatically assigned by BizBrick, in
our sole discretion, to a third party in the event of a merger or
acquisition. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.
This Agreement and the documents it incorporates set forth the entire
understanding between us with respect to the subject matter hereof.
Sections (3) Fees, (2.4) Release, (8) Access and Interference, (2.6)
Limitation of Liability, (2.7) Indemnity, and (16) Legal Disputes shall
survive any termination or expiration of this Agreement. |
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17.Disclosures. The Services are offered by Home
Investor, a division of BizBrick Corporation., located in Plymouth,
Massachusetts. If you are a Massachusetts resident, you may have this
same information emailed to you by sending a letter to the address below
with your email address and a request for this information. |
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The Association of Home Investor Specialists |
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C/o BizBrick Corporation |
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PO Box 2249 |
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Duxbury MA 02331 |
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USA |
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Disputes between you and BizBrick regarding our
Services may be reported to Customer Support by sending an email to
"support @ ushomeinvestor.com |
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