1. Acceptance of Terms
3. Account Creation and Information
To use some of the features on the Services, you may be required to create an account and/or utilize a Home Junction issued license key. During the creation of your account, you agree to give us true, accurate and complete information for any required fields and to promptly update this information when it changes. You are solely responsible for activity that occurs on your account. You are completely responsible for maintaining the confidentiality of your username, password, any license key information, and for all activities undertaken with your account, password, and license key. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. If you think there has been unauthorized use of your account, password, or license key, you agree to immediately notify Home Junction and cooperate with us to resolve it. You understand that if you do not follow the terms of this paragraph, we may suspend or terminate your use of the Services. You understand that we are not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.
Home Junction’s business may be at least partially funded by advertising and service providers. Your business dealings with any advertiser or service provider are solely between you and such third party. Home Junction is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser or service provider. If you have a dispute with one or more advertisers or other third parties, you release Home Junction from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
5. General Use of the Services
Copy, aggregate, distribute, transfer, reproduce, modify, create derivative works from, or store or sell any Content or information, in whole or in part, from the Services or to display, perform, publish, distribute, transmit, broadcast, or circulate any Content for any commercial purpose without the express prior written consent of Home Junction.
Obtain or attempt to obtain any materials or information through any means not made readily accessible by Home Junction through the Services.
Remove or modify any copyright or other intellectual property notices that appear on the Services.
Use the Services in any way that harms Home Junction, its service providers, suppliers or any other user including the entity owning the URL via which you accessed Services.
Frame or utilize framing techniques to enclose any portion or imagery, text, design, or layout of the Services.
Upload any Content that would be considered spam, unsolicited advertising or low quality data for the purpose of harming the Services.
You further agree to the following:
6. Content You Provide
Raw data, certain shapes, facts, and general ideas are not protected by copyright law. Data of any kind, whether text, shapes, software, code, music or sound, photographs or graphics, video or other materials made available publicly or privately is collectively referred to as “Content”. To the extent that you post, upload, input, submit or otherwise transmit (collectively “Transmit” or “Transmitting” as appropriate) Content on or through the Services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Services. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Home Junction as provided below.
You promise that you will not use the Services to Transmit any Content (i) not related to appropriate subject matters, (ii) which is misleading to others, including consumers, (iii) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iv) that you do not have a right to post and Transmit under any law or under contractual relationships, (v) such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vi) and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Moreover, you promise that you will not intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By transmitting, posting, displaying, or publishing Content on, to, or through the Services, you hereby grant, and you represent and warrant that you have the right to grant, to Home Junction the non- exclusive right to use all Content entered by You in any of their print or electronic publications, including but not limited to the right and license to host, serve, reproduce, build upon, use, modify, publicly perform, publicly display, reproduce and distribute such Content, and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing, on and through the Services and to charge for access to and/or use of such Content. Your license to Home Junction is royalty-free, fully paid, fully sublicensable, irrevocable, worldwide and perpetual. Furthermore, by posting Content to any area of the Services, you grant Home Junction all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose. To the extent you lawfully contribute original copyrightable content (as distinguished from raw data, facts, and ideas) to Home Junction, you grant Home Junction a perpetual, worldwide, irrevocable, royalty-free license to host, serve, reproduce, distribute, and develop derivative works of such Content. Also, in some cases, the use of certain Content may be subject to a third-party agreement (e.g. a Creative Commons license); it is your responsibility to honor such agreements including, where applicable, to make others aware of any agreements conditioning your or their use, distribution, or manipulation of such content.
Under no circumstances will Home Junction be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Sites or the Services. You use the Sites and the Services at your own risk.
7. API, Widget, and Plug-in Usage
8. No License Granted
The Services and all of its Content including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Services is owned by Home Junction and/or third parties with all rights reserved unless otherwise noted. Home Junction grants you a limited license to access and use the Services and Content solely for informational, personal and non-commercial purposes. Except with the express written consent of Home Junction, you are strictly prohibited from downloading (other than page caching) modifying or making any other use of the Services or Content.
In the case of First MLS (“FMLS”) in Georgia, you explicitly acknowledge FMLS’s ownership of, and the validity of FMLS’s copyright in, the FMLS Content.
Except for allowing you to use the Services for your personal use as set forth in the paragraph above, when you use the Services you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Home Junction. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER HOME JUNCTION PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
9. Children Under the Age of 13
The safety of children is very important to us. Home Junction abides by federal law and the guidelines set up by the Federal Trade Commission regarding youth privacy (Children’s Online Privacy Protection Act). As such, we will not knowingly collect any personal information from persons under the age of 13 and our Services are not designed to attract their attention.
10. Linked Materials
Where Services include links to third-party products, services and websites, Home Junction does not endorse, and takes no responsibility for such products, services, and websites.
11. Relationship of Parties
12. Real Estate Licenses
Home Junction Inc. is not a licensed real estate broker and does not broker real estate transactions or act as a real estate agent for you.
14. NO WARRANTY
HOME JUNCTION PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, IMPLIED OR EXPRESSED, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, ADEQUATENESS, CORRECTNESS, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOME JUNCTION AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED ON ANY HOME JUNCTION SERVICES. HOME JUNCTION AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
15. LIABILITY LIMITATION; EXCLUSIVE REMEDY
17. Choice of Law; Disputes
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be signed by you and sent to Home Junction’s designated agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the designated agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the designated agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
19. Data Seeding
You acknowledge that we and/or our data suppliers may have seeded data and/or data layers with minor and harmless inaccuracies as a way to protect Home Junction and our supplier’s intellectual property rights.
20. Anti-Hacking Provision
use the Services for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Services or any data or Content found on or accessed through the Services without prior express written consent;
obtain or attempt to obtain through any means any materials or information on the Services that have not been intentionally made publicly available either by their public display on the Services or through their accessibility by a visible link on the Services;
in any way bypass or circumvent any other measure employed to limit or prevent access to the Services or its Content;
violate the security of the Services or attempt to gain unauthorized access to the Services Content, data, materials, information, computer systems, or networks connected to any server associated with this Services, through hacking, password mining, or any other means;
interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services, including accessing any data, Content, or other information prior to the time that it is intended to be available to the public on the Services;
take or attempt any action that, in the sole discretion of a Service operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Services or such operation’s infrastructure.
4141 Jutland Drive, Suite #345, San Diego, CA 92117.
of copyright infringement claims should be sent to Home Junction, Inc., c/o copyright agent,
(Last updated January 1, 2020)
4141 Jutland Drive
San Diego, CA 92117