Terms and Conditions of Use


1. Acceptance of Terms.

By accessing and using this site, Houzix.com, (the "Site") owned by Houzix, LLC, a Nebraska limited liability company ("Houzix"), the user hereby accepts the terms and conditions contained herein (such terms and conditions shall be referred to as the "Agreement"), without limitation or qualification, and acknowledges that any other agreements the user may have with Houzix are superceded by the Agreement, to the extent any conflict exists. Houzix reserves the right, without notice and for any reason, to revise any of the terms and conditions required for use by a user of this Site from time to time. In addition, Houzix reserves the right to remove any of the information contained on this Site, and to deny access of any user or users to all or any part of this Site.

2. Registration.

In consideration of use of the services provided at this Site, the user agrees to:
A. Provide true and accurate information about himself/herself and his/her property as prompted by any registration form and as otherwise requested through user.s use of the Site;
B. Maintain and promptly update such information to keep it true, accurate, current and complete.
Houzix reserves the right to terminate the use of the Site by any individual who, or for which Houzix has reason to believe, does not provide true, accurate, complete, and current information.

3. Fees.

All fees and costs for the services provided by Houzix are charged at the time of listing and no User shall be entitled to a pro-rated amount or refund if the services provided by Houzix are utilized by User.

4. Password and Security.

Each user will receive a user ID and password in order to access the services on the Site. Each user is responsible for maintaining the confidentialities of the user name and password and fully responsible for all activities which occur under the user name or password. In the event that there is the unauthorized use of the user name or password, the user agrees to immediately notify Houzix, and take all steps possible within its powers to terminate the unauthorized use and/or breach. Houzix reserves the right to terminate the use of the Site by any user who, or for which Houzix has reason to believe, allows another person access to his/her user ID and password.

5. Links.

Houzix may provide, through the Site, links to other World Wide Web sites or resources. User acknowledges that Houzix does not have any control over such sites or the maintenance of the information upon such sites. User further acknowledges that it will not hold Houzix liable for any damage, harm, or loss which is caused or alleged to have been caused by such websites or Houzix.s links to such websites.

6. Resale of Services Explicitly Prohibited.

User agrees not to reproduce, copy, duplicate, transfer, sell, resell or use the information provided on the Site for any purpose other than that expressly authorized by Houzix.

7. Exclusion of Warranties.

Houzix makes no warranty that the information or service provided or reference by this Site is either accurate or merchantable. Houzix has used its best efforts to obtain accurate information; however, much of the information contained on the Site is not within the control of Houzix. User therefore acknowledges that the information and services provided to it by Houzix are a service for the benefit of the user and it shall not rely on the accuracy of such information to its detriment. Use of the Site is at the user.s own risk. Neither Houzix nor any other third party involved in creating, producing, or delivering the information provided in the Site is liable for any direct, indirect, consequential, or incidental damages arising from the user.s use of the Site.
SPECIFICALLY, USER.S USE OF THE SERVICE IS AT THE USER.S SOLE RISK AND SUCH SERVICE AND INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOUZIX EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NO STATEMENTS OR INFORMATION OBTAINED FROM HOUZIX SHALL HAVE THE EFFECT OF CREATING ANY TYPE OF WARRANTY, EXPRESS OR IMPLIED.

8. Limitation of Liability.

USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT HOUZIX WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS SUFFERED BY USER AS A RESULT OF THE USE OF INFORMATION OR SERVICES PROVIDED BY THIS SITE, INCLUDING, 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.

9. Copyright.

User should use the services provided by the Site under the assumption that all such information and services are copyrighted, unless otherwise noted. Information regarding individuals, other entities or properties, was either obtained by Houzix or used with the express permission of such persons. Use of this information by a user, or any other third party, is expressly prohibited unless agreed to by Houzix. Any unauthorized use of the information or the services provided by the Site may constitute a violation of the copyright laws, trademark laws, privacy laws, or other applicable statutes, rules, regulations, and common law rights.

10. Real Estate Transactions; Role of Houzix.

Neither Houzix nor any of its representatives are acting as agents for any party with regard to any real estate transactions. Houzix is not involved in any sale of the properties listed or associated with the Site, and shall not have any responsibility nor obligation with regard to such transactions. As set forth in Section 6, Houzix takes no responsibility for the accuracy of the information contained on the Site, and under no circumstances will be responsible, available or willing to answer questions regarding such properties. User agrees not to contact Houzix requesting or verifying such information.

11. Miscellaneous.

This Agreement and all of its provisions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, legal representatives, successors and assigns. This Agreement contains the entire agreement of the parties relating to the subject matter hereof, and the parties hereto have made no agreements, representations, or warranties relating to the subject matter of this Agreement which are not set forth herein. User shall not be allowed to modify this Agreement unless such modification is done in writing and expressly acknowledged by Houzix. The failure of Houzix to insist in any one or more instances upon performance of any of the terms or conditions of this Agreement shall not be construed as a waiver or a relinquishment of any rights granted hereunder, or of the future performance of any such term, covenant or condition, that the obligations of the user with respect thereto shall continue in full force and effect. If any portion of the Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, the remainder of this Agreement shall not be affected by such holding, and the Agreement shall be carried out as nearly as possible according to the original terms and intent. This Agreement shall be considered to have been executed in, and shall be governed by the laws of the State of Nebraska. Any litigation arising out of or connected with this Agreement shall be adjudicated exclusively in the State of Nebraska, applying Nebraska law. Personal and subject matter jurisdiction over any litigation is appropriate in such courts, and user consents to service of process issued by such courts and to the jurisdiction of such courts.