Disclaimer | Copyright Notice

HOMEsales.com (“Visient Portal Holdings – GCRP, LLC.”)
Visient, Inc.
401 Interstate Boulevard
Sarasota, FL 34240
General Information: 800-383-6114
Fax: 941-870-3489

Effective June 1, 2007

By using this Web site you, the “User”, are agreeing to each of the terms and conditions set out in this document. In addition, you will also be subject to any posted guidelines applicable to HOMESales.com services you use, including all terms and conditions applicable to any services provided in conjunction with any of HOMEsales.com content and service partners. All such rules and guidelines are incorporated by reference into our Terms of Service. If you do not agree to the Terms of Service please do not use our site.

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of our Terms of Service at any time. Please check here periodically for any changes we may have made. Your continued use of HOMEsales.com services following the posting of changes to these terms will mean you accept those changes.

General Terms of Service and, Restrictions on Use of Materials

By using HOMEsales.com services, you agree to be legally bound and to abide by the Terms of Service, just as if you had physically signed this agreement.

HOMEsales.com Privacy and Security Policy

As explained in our privacy policy, we may disclose to third parties certain information contained in your Contact Us/Referral Associate submission Data or related information you provide to us. For more on privacy, please see our full Privacy Policy.

Links

HOMEsales.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HOMEsales.com has no control over such sites and resources, you acknowledge and agree that HOMEsales.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HOMEsales.com will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any of these sites or resources.

DISCLAIMER

HOMEsales.com uses diligent efforts to maintain our services, but HOMEsales.com is not responsible for any defects or failures associated with these services or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, HOMEsales.com makes no guarantees regarding the sites and information located worldwide throughout the Internet to which you may access as a result of the use of our services, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using HOMEsales.com services may locate unintended and objectionable content.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

ALL OF HOMESales.com’s SERVICES ARE PROVIDED 'AS IS' AND YOU USE EACH OF THEM AT YOUR SOLE RISK. HOMESALES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITATION. HOMEsales.com MAKES NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT ANY OF THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THESE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM HOMEsales.com PERSONNEL OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOMEsales.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOMESALES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE HOMESALES.COM SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THESE SERVICES. IN NO EVENT SHALL HOMEsales.com’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE AND USING OUR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOMEsales.com (“Visient Portal Holdings – GCRP, LLC.”) THEIR AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY HOMESALES.COM OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and modification

You understand and agree that in order to use our services you will be required to sign our registration agreement. Among the terms of that agreement, Integrus will have the right to modify or end your right to use our services at will.

Governing Law and Other Miscellaneous Terms

This agreement and your use of our services will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. By using our services, you agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the State of Florida and, by doing so, you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

In the event that any part or provision of this agreement is found to be illegal or unconstitutional by a court of competent jurisdiction, such findings shall not affect its remaining parts, portions or provisions.

COPYRIGHT AND COPYRIGHT NOTICES

The HOMEsales.com Web Site and our services contain information, software, photos, text, graphics, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and HOMEsales.com owns a copyright in the selection, coordination, arrangement, and enhancement of the Content. HOMEsales.com’s name and logo are trademarks of Visient, Inc.
All other trademarks appearing as a part of our services are trademarks of their respective owners. HOMEsales.com's partners may also have additional proprietary rights in the content, which they make available through our services. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited.

HOMEsales.com respects the intellectual property of others, and we ask our users to do the same. HOMEsales.com may, in appropriate circumstances and at its discretion, terminate access to site by any and all users via links, framing, advertising pass through or any other means by which an infringement of the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HOMEsales.com's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please contact HOMEsales.com’s Copyright Agent for Notice of claims of copyright infringement at:

Registered Copyright Agent
Visient
401 Interstate Boulevard
Sarasota, FL 34240