| THE FOLLOWING DESCRIBES THE TERMS OF MEMBERSHIP TO THE INTERNATIONAL
ASSOCIATION OF HOME INVESTOR SPECIALISTS.
This Member Agreement ("Agreement") is a contract between
you the Member, and BizBrick Corporation ("Provider") and
applies to your use of the Home Investor marketing systems and services,
membership of The International Association of Home Investor Specialists
(Association) and any related products and services made available
through BizBrick Corporation, (collectively "Membership").
As a Member by completing your registration you hereby indicate you
have read this Agreement and agree with and accept all of the terms and
conditions contained in this Agreement and the referenced Privacy
Policy, which include those terms and conditions expressly set out below
and those incorporated by reference. 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.
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.
We may amend this Agreement at any time by posting the amended terms
on our website (www.IAHIS.com) or the Member site at www.IAHIS.org.
Except as stated below, all amended terms shall be effective 30 days
after they are initially posted on our site.
In this Agreement, "you" or "your" means any
person or entity using the Service ("Members"). Unless
otherwise stated, "Provider", "Home Investor,"
"Association," "we" or "our" will refer
collectively to BizBrick Corporation, its officers, employees,
affiliates and Agents as well as its online divisions including
USHomeInvestor.com.
This Agreement was last modified on January 24th 2006.
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. Member Services are only available to individuals 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. Where required by law, Members must be licensed or
certified to sell Real Estate property as an Agent or Broker in order to
accept referrals from Provider.
2.The Legal Relationship between You and BizBrick Corporation.
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.
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.
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.
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.
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.
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.
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:
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
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.
7.Your Information and Restricted Activities
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.
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.
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.
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 Provider, 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 Provider. 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 Provider.
Notwithstanding the above, logos provided by Provider to Members 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.
7.5 Copyright. All web site content at www.ushomeinvestor.com is the
copyright of Provider. 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 LICENSED TECHNOLOGY as described in the setup
instructions; absolutely no copying of Internet content is permitted
under any circumstances.
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.
9.Privacy and Security. We do not sell or rent your personal
information to third parties for marketing purposes without your
consent.
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 any application processing fee
identified in the payment process). Provider 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 Provider when
termination of membership is as a result of action taken by Provider; 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.
11.Assignability. You may not transfer any rights or obligations you
may have under this Agreement without the prior written consent of
Provider. Provider reserves the right to transfer this Agreement or any
right or obligation under this Agreement without your consent.
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.
14.Notices.
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.
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.
14.3 Referrals: members may register to receive referrals from
Provider websites. Registration does not constitute a binding agreement
for Provider to supply referral leads to Member. Provider may, at
Provider's discretion, elect to qualify Member to determine eligibility
for specific types of referrals. Failure to qualify Member, or
qualification of Member, do not constitute any form of discrimination by
Provider. Provider may attempt to provide appropriate referrals to
Member via email. Member is responsible for maintaining up-to-date
contact information with Provider. Referrals are provided to Members as
a courtesy only and without charge. Referrals do not represent any
contractual relationship between Provider and Member or Member and the
party being referred or between Provider and the party being referred.
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
Provider agree that any controversy or claim at law or equity that
arises out of this Agreement or Provider's 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, Provider strongly encourages users
first to contact Provider directly to seek a resolution. Provider will
consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation, as an alternative to
litigation.
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.
15.2 Court. Alternatively, any Claim may be adjudicated by a court of
competent jurisdiction located in Plymouth County, Massachusetts. You
and Provider agree to submit to the personal jurisdiction of the courts
located within the county of Plymouth, Massachusetts.
15.3 Alternative Dispute Resolution. Provider 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.
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.
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.
17.Disclosures. The Services are offered by BizBrick Corporation,
located in Duxbury, 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.
USHomeInvestor.com
BizBrick Corporation
PO Box 2249
Duxbury MA 02331
USA
Disputes between you and Provider regarding our Services may be
reported to Customer Support by sending an email to "support @
ushomeinvestor.com". |