Gofindhome (Gofindhome LLC) Terms and Conditions of Use
Welcome to Gofindhome's Terms and Conditions of Use (these "Terms"). This is a contract between you and Gofindhome LLC. Gofindhome, a Louisiana Limited Liability Corporation, denoted as “gofindhome”, “gofindhome.com.” There are rights you should know for you and for Gofindhome before you use the Gofindhome application ("App"). Please take a few moments to read these Terms before utilizing all the great features of the App, because once you access, view or use the App, you maybe legally bound by these Terms and conditions.
1. GOFINDHOME RULES of USE
Before you can use our App, you will need to register for an account ("Account"). There are two (2) types of accounts:
1) Buyer accounts – for non-licensed users wishing to access free information about real estate
2) Agent/Professional accounts – generally licensed Real Estate professionals acting as Seller and/or Buyer agents as defined by local laws. In order to create an Account you must:
1. Login with your email address and create a password or;
2. Have a Facebook account to login;
3. Be at least 18 years old; and
4. Be legally permitted to use the App by the laws of your home country.
5. If you are a Real Estate Agent or Broker, hold a current license as required by your State and/or Country where you are registered.
We cannot allow you to use another person's Account without permission.
We feel the Gofindhome app will be useful to you, but if you feel the need to leave, you can delete your Account at any time by going to the 'Settings' page when you are logged in and clicking on the 'Delete account' link. Your Account will be deleted immediately but it may take a little while for Your Content to be completely removed from the App. We will save your profile information in case you decide to restore your Account (which you can do within 30 days of de-activating your Account). Gofindhome reserves the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.
1. Permissible Use. Unless you are a real estate or lending professional, acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a property for sale or lease). Without limitation, professionals and institutions are prohibited from using information provided by Gofindhome through the Services in making any appraisal, Comparative Market Analysis (CMA’s) or Broker Price Opinion decisions. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, share on social media, and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, disassemble, decompile, or reverse engineer any portion of the Services. In addition, you agree not to provide/post/authorize a link to any of the Services (including but not limited to your Agent or Broker profile page) from a third party website that is not a real estate related website owned or operated by a LICENSED real estate or lending professional.
2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, or other similar purposes. Further:
b. Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from Gofindhome. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.
d. Calls. If you, as a consumer, choose to contact a real estate professional through the Services by directly calling, texting or emailing a contact or other request form on the Services, you authorize Gofindhome to provide your name and contact information and other identifying information you provide to the applicable real estate agent. You acknowledge that, by submitting your contact request or other request form on the Services or by electing to request pre-approval, you may receive telemarketing calls from or on behalf of the real estate agent at the telephone number(s) you provide.
2. TYPES OF CONTENT
There are three types of content that you will be able to access on the App:
1. Content that you upload and provide ("Your Content");
2. Content that members provide ("Member Content"); and
3. Content that Gofindhome provides ("Our Content").
There is specific content we can't allow on Gofindhome
We want our users to be able to post listings and rate people and places on Gofindhome, but we have to impose restrictions on certain content which:
· contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
· is obscene, pornographic or otherwise may offend human dignity;
· is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
· encourages any illegal activity luding, without limitation, terrorism, citing racial hatred or the submission of which in itself constitutes committing a criminal offence;
· is defamatory or libelous;
· relates to commercial activities ( including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
· involves the transmission of "junk" mail or "spam";
· contains any form of spy ware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Gofindhome or otherwise;
· itself, or the posting of which, infringes any third party's rights ( including, without limitation, intellectual property rights and privacy rights);
· shows another person which was created or distributed without that person’s consent.
· Any and all violations of the United States Fair Housing Act of 1968,
Gofindhome operates a zero-tolerance policy for this kind of content.
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Whether you are a licensed Real Estate Agent, Broker or Individual Owner of a property, any and all content needs to comply with local, state and federal law.
Unless you are a licensed Real Estate Professional, You may not display any personal contact or license information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postal codes, telephone numbers, email addresses, URLs). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As Gofindhome is a public community, Your Content will be visible to other users of the App all around the world instantly. Make sure your information posted is accurate and complies with local and national law of your country where posting is located. - As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Gofindhome app Users). By uploading Your Content on the Gofindhome app, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general publish such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-licence the above licence to our affiliates and successors without any further approval by you.
We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
Other members of the Gofindhome app will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users' Member Content, and you may only use other Gofindhome app users' personal information to the extent that your use of it matches Gofindhome app's purpose of allowing people to communicate with one another. You may not use other users' information to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.
Our Content /Intellectual Property
Any and all other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Gofindhome app are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.
3. The Services are the property of Gofindhome, and subject to the intellectual property rights of Gofindhome and its licensors. ©Gofindhome, LLC 2017 are trademarks and/or registered trademarks of Gofindhome in the United States and/or other countries. You may not use any of Gofindhome's trademarks, icons, images as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Gofindhome does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.
All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
1. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
2. you shall not use our name in metatags, keywords and/or hidden text;
3. you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
4. you shall use Our Content for lawful purposes only.
We reserve all other rights.
4. For materials you post or otherwise provide to Gofindhome in connection with the Services (your "Submission"), you grant Gofindhome an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Gofindhome will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Gofindhome may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Gofindhome the rights in this paragraph, that Gofindhome’s use of the Submission will not infringe any third party rights and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.
Gofindhome will not use any rating information that is uploaded by users into the Gofindhome portal for any purpose other than calculate overall averages of user inputed ratings.
. The Role of Gofindhome. Gofindhome LLC. is not a licensed real estate broker in the state of Louisiana. Gofindhome does not broker transactions of any kind at any time and under any circumstances. Gofindhome does not act as a real estate Broker or agent for you or any other user. Gofindhome does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, Gofindhome does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Gofindhome does not manage real property, offer to manage, or negotiate the property management of real property or otherwise aid or assist in the management of real property.
The Role of Gofindhome; Disclaimer.
c. Location. Gofindhome has its headquarters at 938 Lafayette Street, Suite 512, New Orleans LA 70113.
d. Disclosures and Consent. By using this website and Services, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to.
3. RESTRICTIONS ON THE APP
Users shall not abuse nor intimidate, use discriminary means or methods in the Gofindhome app community. Therefore, you can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint.
Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
5. THIRD PARTY STORES; PREMIUM SERVICES; IN-APP PURCHASES
We may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services and enhancements, such as the ability to use the safety feature or for agents different levels of listing properties (“In-App Products”). If you choose to use Premium Services or make In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-App Products through the following payment methods (each, a “Premium Payment Method”): (a) making a purchase through the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorized by us (each, a “Third Party Store”), (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor, or (c) adding charges to your mobile carrier bill and remitting payment directly to your carrier. Once you have requested a Premium Service or In-App Product, you authorize us to charge your chosen Premium Payment Method and your payment is non-refundable. If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Gofindhome LLC are made as well as how such payments may be changed or cancelled. Your subscription to Gofindhome LLC’s Premium Services will automatically renew until you decide to cancel in accordance with such terms. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
If you choose to make an In-App Purchase, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (“your Mobile Platform Account”), and your Mobile Platform Account will be charged for the Premium Service and/or In-App Product in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Android, Apple, etc.). Premium Services and In-App Products may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription,etc.) to additional account features. At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. Please note that for Premium Services and In-App Products made on a one time basis or subscription basis. Your subscription basis services will automatically renew for the same subscription period as you initially purchased (e.g., if you made an In-App Product for a monthly subscription, your subscription will be automatically renewed each month). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of your Mobile Platform Account and the terms and conditions of any applicable Third Party Store. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts that might apply to your age group.
Please note that for Premium Services and In-App Products you will be billed continuously for the subscription or service until you cancel in accordance with your Mobile Platform Account’s or your Premium Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third Party Stores. Further, the Gofindhome app does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services (including Premium Services or In-App Products) do not imply our or any of our affiliates' endorsement of such products or services. Moreover, the Gofindhome app, Gofindhome LLC and its third party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Further, if we terminate your use of or registration to the App because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store or Mobile Platform Account before you make any In-App Products or Premium Service purchases.
6. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Gofindhome app services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at feedback@Gofindhome.com.
7. DISCLAIMER – The Role of Gofindhome.
Gofindhome does not endorse, refer or recommend any real estate Agent, Broker, or other real estate professional or the products of any such Agent(s). Consumers should rely on their own judgment in deciding which Agent best suit their needs and financial means. Nothing contained in the Services is an offer to lend or a commitment for a loan, and Gofindhome does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender. Gofindhome is not an agent of either any consumer or any Agent. Gofindhome is only providing an administrative service to consumers and participating licensed real estate Professionals. Decisions regarding real estate professionals contacting consumers or pre-approval requests are made by participating Professionals and not Gofindhome. Gofindhome assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services, housing guide, and any other information available there.
Fees. Mortgage Professsionals as with all other licensed Professionals that subscribe to being on the Gofindhome platform pay only a fee to be on the platform. Gofindhome does not guarantee nor insure any and all services offered with these or any other professionals on the app.
Participating Agents. The Agents and their sponsoring Brokers participating on the Services are solely responsible for their services to consumers. Gofindhome shall not be liable for any damages or costs of any type arising out of or in any way connected with any consumers' use of the Services or the services offered by Agents. Gofindhome is not responsible for any errors or delays caused by consumers or any Agents in the real estate buying or selling process. Gofindhome reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Agent or other user from using or participating in any of the Services offered by Gofindhome.
THE APP, SITE, SISTER SITES, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
GOFINDHOME / GOFINDHOME LLC PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOFINDHOME AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. GOFINDHOME 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.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. GOFINDHOME LLC IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER.
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, CONFIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT ( INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, REAL ESTATE PROFESSIONAL, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
All the actions you make and information you post on the Gofindhome App remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
1. Any negligent acts, omissions or willful misconduct by you;
2. Your access to and use of the App;
3. The uploading or submission of Content to the App by you;
4. Any breach of these Terms by you; and/or
5. Your violation of any law or of any rights of any third party.
If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
9. DIGITAL MILLENNIUM COPYRIGHT ACT
Gofindhome LLC has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Gofindhome's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A signed statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to: feedback@Gofindhome.com
Notices of copyright infringement claims should be sent as follows:
If relating to content on Gofindhome LLC. Mobile application or websites
Gofindhome LLC 938 Lafayette Street, Suite 512, New Orleans LA 70113
Attention: Copyright Agent attachment to your e-mail before we are required to take any action.
10. THIRD PARTY APP STORE
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
1. These Terms are concluded solely between you and Gofindhome LLC, and not with the providers of the Third Party Store, and Gofindhome LLC. (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
2. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Gofindhome LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Gofindhome LLC.
3. Gofindhome LLC, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
4. The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Before you can use the Gofindhome App, you ought to know the following:
These Terms, which we may amend from time to time, constitute the entire agreement between you and Gofindhome LLC. The Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Gofindhome LLC has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Gofindhome.com and provides that information on an "as is", "as available" basis. Gofindhome LLC does not give or make any warranty or representation of any kind about the information contained on Gofindhome.com, whether express or implied. Use of Gofindhome.com and the materials available on it is at your sole risk. Gofindhome LLC can not be held responsible for any loss arising from the transmission, use of data, or inaccurate User Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from Gofindhome LLC is free of viruses or other harmful components. You accept that Gofindhome LLC will not be provided uninterrupted or error free, that defects may not be corrected or that Gofindhome LLC, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. Gofindhome LLC is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
Changes in Terms and Conditions
As the Gofindhome App grows, we might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a "Change"). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of the Gofindhome App following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Gofindhome App immediately.
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
You represent and warrant that:
1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
2. you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the App, you agree and acknowledge that Gofindhome is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on the Gofindhome App, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
1. the availability or accuracy of such websites or resources; or
2. the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on convenient forum. You agree that you will not file or participate in a class action against us. In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
12. ABOUT US
Gofindhome LLC is registered in the United States under CHARTER number 42357325K. Our registered address is 938 Lafayette Street, Suite 512, New Orleans LA 70113.
The Terms were last updated on: 23 April 2017.