Terms
of Use Terms
of Use
Please read this agreement carefully
and print a copy for your records.
To use this website you must expressly agree to abide by all the terms
of this agreement.
If you do not want to do abide by these terms, do not use
this website.
At the end you will be prompted to submit your acceptance or rejection of these
terms back to us.
If you accept these terms you will be able to continue on this website.
If you
reject these terms
you will be returned to our Home Page.
1.
PURPOSE
-
This website is fully owned
and operated by
ARTEMIS BOWEN, INC. dba
HOMECLEARINGHOUSE.COM
and
HOME CLEARINGHOUSE.
ARTEMIS BOWEN, INC.
is a New Hampshire corporation,
with principal offices
located
at 23 Atkinson Depot Road, Plaistow, New Hampshire 03865. Artemis Bowen,
Inc d/b/a Home Clearinghouse
and Homeclearinghouse.com is duly and actively licensed as a Real Estate
Brokerage in the following states:
New Hampshire license #
057107
Massachusetts license #6833
Maine license # AC90602025
All references in this Agreement to “Homeclearinghouse.com”, “HCH.com”,
“we”, “us”, ”our”. “the website”,
“provider”, ”the
Broker”, or “the corporation” explicitly and
expressly means Artemis Bowen, Inc., Home Clearinghouse
and Homeclearinghouse.com, its officers,
Board of Directors, employees or their heirs and assigns. and affiliates.
The website was
created, and is strictly intended for use as:
· a
resource for the dissemination of information about properties
that are available for sale
and/or lease; an instructive tool providing
the public with information about selling
and
buying
real estate; a forum for the exchange of news and
information about trends in the
real estate market, industry and related
fields; a place where visitors can obtain
updates on
current legislation salient to real estate
sales and other relevant topics;
·
a provider of a method of
delivering real estate services that is an alternative to
"traditional " real estate
methods. and to be a provider of
goods, ministerial and brokerage services to
assist Real Estate Sellers
with internet based advertising
services and/or access to Realtor operated Multiple Listing Services
at
a savings over "traditional " real estate
service delivery methods.
·
To sell products related to
the sale of property and to provide ministerial services
on a fee-for-service basis
at a savings over
"traditional " real estate methods.
2. ALL USERS AND
VISITORS TO THIS WEBSITE
being persons and/or legal entities
(Corporations, Limited Liability Companies, Limited Liability Partnerships,
Trusts, Estates, Non-Profit,
governmental and any other form recognized and allowed by law as an “unnatural”
person)
who come to this website for any reason:
all users eXPRESSLY AGree to use this website for legal purposes
only;
all
users EXPRESSLY agree to abide by terms and conditions of this agreement;
all
users EXPRESSLY agree not interrupt or tamper with the transmission of this website
;
all
users EXPRESSLY
agree not to interfere with or disrupt public use of this website in any way.
3. IMPORTANT terms and DISCLAIMERS to all users
Homeclearinghouse.com reserves the right to modify,change or otherwise alter
the
content of this website. including pricing, at any time at the sole discretion
of Homeclearinghouse.com,
all modifications will be published on this website, and
go into effect at the time they are posted .
all
users EXPRESSLY
agree to
use this website at the users' own risk. home clearinghouse is not
responsible
for,
and will not be held liable for any damage to the users' personal computers,
computer peripherals and ancillary equipment, hard-drives, software or any other personal
property that results from use or misuse of this website .
this website provides advertisements and/or links to other websites strictly for
the users'
convenience and/or for informational purposes only.
all
users EXPRESSLY
agree to
use such
links is
at the users' own risk.
the presence of advertisements and/or links to other
websites on this website does not,
in any way, constitute our endorsement of that website , its
information, content, products
and services; presence of a link to another website is not a
referral to, or recommendation
by home clearinghouse to use such providers and/or other websites for any purpose.
home clearinghouse is not responsible for, and can not be held liable for
the content,
programs, regulations, claims, terms, errors, misrepresentations,
omissions, etc found
in such advertisements or on such linked websites , or any damage to the
users' personal
computers, ancillary computer equipment, hard-drives, software or any other
personal
property that results from use of such linked websites, or any other injury or
loss users
may suffer by using such linked websites.
home clearinghouse is a subscribing member to certain multiple listing services.this website provides
links
to and downloaded (IDX) information from those services.
downloads from and links to
these
mls
websites is strictly for the users' convenience and/or for informational
purposes only.
all
users EXPRESSLY
agree to
use such links at the users' own risk.
the presence of information and links to to mls websites does not, in any way,
constitute our endorsement of the mls websites , their information
or any
products or
services offered therein.
home clearinghouse is not responsible for, and can not be held liable for
the content,
programs, regulations, claims, terms, errors, misrepresentations,
omissions, etc found
on mls websites, or any damage to the users' personal computers, ancillary
computer equipment,
hard-drives, software or any other personal property that results from use of
such linked websites,
or any other injury or loss users may suffer by using such linked websites.
homeclearinghouse.com
makes no representations about any property listed on
this website. ANY AND ALL INFORMATION ABOUT pROPERTIES WHICH ARE BEING OFFERED
FOR SALE, LEASE OR EXCHANGE on this website, INCLUDING ANY AND ALL DISCLOSURES
ABOUT THE CONDITION OF THEse PROPERTies is SOLELY PROVIDED BY THE INDIVIDUAL
SELLER/OWNER OF EACH PROPERTY, AND SUCH INFORMATION IS NOT GUARANTEED OR WARRANTEE
IN ANYWAY BY HOMECLEARINGHOUSE.COM.
home clearinghouse IS NOT
RESPONSIBLE
FOR FOR ANY MISTAKES, INACCURACIES, ERRORS OR OMISSIONS IN THE
LISTING INFORMATION
OF
any PROPERTy ADVERTISED ON THIS WEBSITE.
all
users EXPRESSLY
agree
to HOLD harmless artemis bowen, inc, home clearinghouse,
homeclearinghouse.com, its' officers, board of directors, employees, and
affiliates for any mistakes, inaccuracies, errors and omissions in property
information advertised on this entire website, or on linked websites including
multiple listing service websites.
all
users EXPRESSLY
agree
to strictly comply
with the US Federal
Fair Housing Act of 1968
as amended which makes it illegal to advertise "any preference, limitation
or discrimination
based on race, color, religion, sex, handicap, family status or national
origin or an intention
to make any such preference, limitation or discrimination."
all
users EXPRESSLY
agree
to further strictly comply with any and all fair housing laws set by
state and local authorities with jurisdiction over the geographic location of
the advertised
property, which may have further restrictions, prohibitions, or expanded
"protected classes"
than the federal fair housing act of 1968 as amended.
all
real properties ADVERTISED on this website are available on an
equal opportunity basis
AS REQUIRED BY Federal AND STATE (OF JURISDICTION) regulations
. hch.com will not
knowingly
accept or allow any advertisement which is in violation of the law.
all
users and interested parties eXPRESSLY
agree
to, AT THEIR SOLE and personal EXPENSE,
CONDUCT THEIR OWN DILIGENT, INDEPENDENT INVESTIGATIONS TO VERIFY THE ACCURACY
OF any information about properties provided on this wEbsite, INCLUDING, BUT
NOT LIMITED TO
DETERMINATION OF THE ACTUAL condition of the property; the availability of the property;
its compliance with building and zoning
ordinances;
the presence or absence of lead paint
and radon gas OR OTHER hazardous waste
ISSUES;
assessments and current taxes;
appraised values; tHE QUALITY AND PROXIMITY OF
SCHOOL
SYSTEMS, RELIGIOUS INSTITUTIONS,
AREA AMENITIES or any other issue that may be,
or become,
a determinant factor in the users
decision to OFFER TO purchase, LEASE OR
EXCHANGE
such a property.
OFFERING
PROPERTIES FOR SALE, LEASE OR EXCHANGE BY ADVERTISING ON THIS WEBSITE
DOES NOT IN ANY WAY CONSTITUTE A GUARANTEE BY HOMECLEARINGHOUSE.COM THAT SUCH
PROPERTIES WILL ACTUALLY SELL, LEASE OR BE EXCHANGED WITHIN, OR SUBSEQUENT TO,
THE DURATION OF ANY AGREEMENT AND/OR CONTRACT TO ADVERTISE THE PROPERTY ON THIS
WEBSITE.
the entire contents of this website,
written, audio, pictorial
and artistic is the protected intellectual property of,
and solely
owned by artemis bowen, inc.
all
users eXPRESSLY
agree
not
to alter, copy, plagiarize, reproduce, replicate, reprint, offer for
resale, unauthorized business or personal purposes or any other unauthorized
purpose
any
materials contained on this website, including but not limited to visual
images,
logos, pictures, written materials, except with the written permission of
artemis bowen
inc.. users may ,however, use any form contained on this website which is
expressly
designated and provided in downloadable format, but only for their own use
in strict
accordance with the instructions provided with each form.
4.
advertising property you do not own is illegal
Every
person or legal entity who advertises property on this website
declares, under penalty of perjury, that they are the legal Owner of
Record
of the properties they advertise, and that they have the legal right to
advertise and offer these properties for sale.
Failure to substantiate ownership to HCH.com is cause for immediate removal of
the users’ advertisement
and revocation of all of the users’ advertising privileges without
refund. To substantiate ownership,
users will provide HCH.com with a copy of their current recorded deed or
certificate of title.
all
users and interested parties eXPRESSLY
agree
that
home clearinghouse is not responsible for, and
can not be held liable for,
any illegal action of any person or persons who advertise and/or offer
properties for sale on this website of which they are not the legal
owner(s)
of record, or without complete express permission of all legal
owners of such
properties.
5.
all
users and interested parties eXPRESSLy acknowledge that
home clearinghouse
is not an
appraiser, a home inspection company, surveyor, accountant
or attorney.
all information
provided on this website is "as is" and users will not use
such information as a substitute for valid professIonal advice and
will seek
professional
services for themselves from attorneys, home inspector, surveyors,
appraisers, engineers,
accountants,etc. to verify or determine any information they need
in in any aspect of the
purchase or sale of property.
6. CASUAL
VISITORS are
persons and legal entities who use this website for any purpose, but who do not
purchase any goods or register for any services offered by
HCH.com on this website. There is no contractual
fiduciary or business relationship between HCH.com and Casual
Visitors.
all
users and interested parties eXPRESSLy acknowledge that
Home Clearinghouse
only has
a fiduciary contractual agency relationship with Sellers who
have purchased Multiple Listing Services from
Home Clearinghouse. These properties are listed on both
this website and on Multiple Listing Services,
and can be found on Realtor.com. Home Clearinghouse is the named as the Broker of Record
to these
Sellers
under the terms of an Exclusive Listing Agreement.
Home Clearinghouse can not enter into a
contractual relationships to represent both the Buyer and
Seller of these properties - or take any action
which might be interpreted under law as creating a DUAL
AGENCY OR UNDISCLOSED DUAL AGENCY
AGREEMENT or REPRESENTATION. Casual
Visitors and Buyers are advised to seek legal counsel or retain
Buyer representation from another agency when purchasing or
contemplating the purchase of properties
advertised on this website.
7.
TERMS SPECIFIC TO ADVERTISING
PROPERTIES FOR SALE ON THIS WEBSITE
A. For Sale By Owner Advertisers (FSBOs)
are persons and legal
entities who use
this website for
the sole purpose of advertising their legally owned property for sale,
lease or
exchange, or to
obtain products and/or other services that can assist them
in the marketing or
sale of their own property.
It is understood that all references in this Agreement to “FSBO”
and “FSBOs”explicitly means For Sale By Owner users.
8.
MLS USERS are persons and legal entities who hire Home
Clearinghouse as their fiduciary
Broker of Record in an Exclusive Contractual Relationship for the purpose of
advertising their
property for sale, lease or exchange on one or more Multiple Listing
Services of which
Home Clearinghouse is a subscribing member.
all
mls users eXPRESSLy agree to abide by any and all regulation set by the
multiple listing services on which the mls users' property is listed.
It is understood that all references in this Agreement to “MLS
Users”
and “Clients”explicitly means For Sale By Owner users.
all
fsbo and mls users and eXPRESSLy acknowledge AND FULLY UNDERSTAND that ARTEMIS
BOWEN, INC,
ITS SHAREHOLDERS, BOARD OF DIRECTORS, DIVISIONS, AFFILIATES AND EMPLOYEES
WILL NOT SELL OR
OTHERWISE DISSEMINATE ANY INFORMATION PROVIDED BY ANY USER IN LISTING PROPERTIES
OR ADVERTISING
PROPERTIES ON THIS WEBSITE WITHOUT THE EXPRESS, WRITTEN CONSENT OF THAT USER.
ALL USERS AND INTERESTED PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT
ARTEMIS BOWEN, INC.,
ITS SHAREHOLDERS, BOARD OF DIRECTORS, DIVISIONS, AFFILIATES AND EMPLOYEES
WILL MAKE ALL REASONABLE
EFFORTS TO SAFEGUARD THE CONFIDENTIALITY OF OF ANY SUCH INFORMATION.
ALL USERS AND INTERESTED PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT
ARTEMIS BOWEN, INC.,
ITS SHAREHOLDERS, BOARD OF DIRECTORS, DIVISIONS, AFFILIATES AND EMPLOYEES
IS NOT RESPONSIBLE FOR
AND WILL NOT BE held LIABLE FOR ANY PERSONAL INJURY, DAMAGE, defamation OR any
LOSS RESULTING FROM THE THEFT OR MISUSE OF the contents of this website and any
INFORMATION PROVIDED BY its legitimate USERS BY ANY PERSON OR entity who does
not agree to the terms herein, or otherwise accesses and/or misuses the contents
of this website fraudulently or illegally .
all
fsbo and mls users and eXPRESSLy acknowledge that
they can not
advertise any property
on this
Website if that property IS listed with another licensed Real Estate Agency
under an Exclusive RIGHT TO SELL OR EXCLUSIVE AGENCY Listing Agreement
UNTIL
THEY PROVIDE HCH.COM WITH A WRITTEN RELEASE OF CONTRACT FROM
THE LISTING REAL ESTATE AGENCY.
FSBOs who
list a property with another Real Estate Agency, under an Exclusive Right
to Sell or
Exclusive Agency Listing Agreement, after advertising
that specific property on this website,
will
immediately
notify HCH.com of their relationship to the other Real Estate Agency
and all advertisements of that property
will be deleted from this website and all advertising privileges
related to that
specific property will be suspended without refund of any fees paid to
Home Clearinghouse
to
advertise the property on this website.
all
users
eXPRESSLy agree that
Home Clearinghouse is not responsible for, and they will not hold HCH.com
liable for any action or dispute that
may arise from the users’ failure to notify hch.com of any existing or
subsequent contractual
relationships with any other Real Estate Agency.
all
users
eXPRESSLy agree that
Home
Clearinghouse is not responsible for, and they will not hold HCH.com
liable for any action
or dispute
that may arise from any users' failure to notify any other Real Estate Agency of
an existing or
subsequent relationship with Home Clearinghouse.
9. Fee for service and Refund policy.
HCH.com is 100% fee-for-service, and all
services are prepaid, except as
otherwise stipulated in written Exclusive Listing Agreements for Multiple
Listing Services. failure to pay
for purchased services is cause for immediate termination of any and all user
privileges without refund
and the user will remain liable for payment of such services plus any costs
incurred by artemis bowen, inc
in its efforts to collect payment.
Advertising
and Listing Services are considered complete and delivered, and no refunds will
be made when
a property listing is
activated on this website or on Multiple Listing Services., if that service has
been
purchased. All ministerial services
are prepaid considered complete and delivered and no refunds will be
made when Homeclearinghouse.com confirms
to the purchaser in writing that the ministerial service has
been ordered and initiated. The purchase of tangible
merchandise from this website is prepaid and considered
complete when such
merchandise is shipped, and shipment confirmed to the purchaser in writing by Home
Clearinghouse. No refunds will be
made on merchandise that is
damaged in shipment or after receipt by
the purchaser. No refunds of shiping and handling costs will be made, and
all Returned tangible merchandise
is subject to a restock fee of $20.00.
10
Termination
By Artemis Bowen, Inc.
all
users and interested parties eXPRESSLy acknowledge
and agree
that artemis
bowen,inc, in its sole discretion, may terminate any users' account and/or access to and use
of Services on this
website, and on multiple listing services if applicable, and remove and delete any information
pertaining to the
users' account and any property listings posted here and/or on mls with or without notice
and effective
immediately, For any reason or no reason, including but
not limited to our belief or knowledge
that the user has violated
or acted inconsistently with the letter or spirit of these Terms; or the usher
has
committed a
fraudulent or illegal act; or the user has caused an interruption or
severence of communication
between the user
and hch.com; or the user fails to pay for any purchased services (however
termination of
account for
non-payment does not release the user from liability to pay for purchased
services ); or if the user
lists a specific
hch.com listing with with another real estate agency; or the user has breached
the terms of any
contract they may
have entered into with artemis bowen, inc.; failure to provide disclosures,
documents and proof
of ownership in
formats bearing the actual signatures of all owners of record as required by law
and requested
by artemis
bowen,inc.; discriminatory acts and advertisements in breach of federal and
state fair housing laws,etc.
all users and
interested parties UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT
BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY TERMINATION OF
user accounts, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION.
11, termination by the user. fsbo users may, with appropriate notice to
artemis bowen, inc., terminate their accounts
and withdraw their
listings from this website at will. MLS users and clients may terminate in
accordance with
the specific terms
of any exclusive listing agreement that exists between the client and artemis
bowen,inc.
all users and
interested parties UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT
BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY TERMINATION OF
user accounts, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION.
all users and
interested parties UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT
BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY TERMINATION OF
user accounts, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION.
IN NO EVENT SHALL ARTEMIS BOWEN, INC, OR ITS SHAREHOLDERS, DIVISIONS, BOARD OF DIRECTORS, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES SUFFERED OR PERCEIVED TO HAVE BEEN SUFFERED BY ANY CASUAL OR SERIOUS USER OF THIS WEBSITE, ANY SELLER, ANY BUYER OR ANY OTHER PERSON OR LEGAL ENTITY..
12. Indemnity. all users and interested parties eXPRESSLy AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ARTEMIS BOWEN, INC., ITS SHAREHOLDERS, DIVISIONS, BOARD OF DIRECTORS, AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE BOARDS OF DIRECTORS, PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: USE OF THIS WEBSITE AND ITS SERVICES; USE OF ANY CONTENT OR INFORMATION PROVIDED HEREIN THAT WAS PROVIDED BY ANY PERSON AND/OR LEGAL ENTITY THAT IS NOT ARTEMIS BOWEN, INC OR ITS DIVISIONS, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR PURCHASE OF SERVICES FROM THIS WEBSITE, EVEN IF NOT POSTED BY THE PURCHASING USER; AND ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.