Web Site Terms and Conditions of Use

 

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

By submitting any content to ShowMojo, you hereby grant ShowMojo a worldwide, non-exclusive right to publish your content within the ShowMojo site and on third-party services (electronic or otherwise). The copyrights in and to all content remain with the owner of such copyrights. Nothing contained herein shall be construed to transfer any copyrights to ShowMojo.

2. Disclaimer

The materials on ShowMojo’s web site are provided “as is”. ShowMojo makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ShowMojo does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

3. Limitations

In no event shall ShowMojo or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ShowMojo ‘s Internet site, even if ShowMojo or a ShowMojo authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You may not reverse engineer, disassemble, decompile or attempt to reverse engineer or derive source code from, all or any portions of ShowMojo’s web sites or Services, or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered “Fair Use” under federal copyright law, and you hereby agree to waive any claims of “Fair Use” as a defense for any reverse engineering, including, without limitation, any claims that such reverse engineering is being done for “interoperability purposes” under the Digital Millennium Copyright Act. Any such attempt shall exceed the “authorized access” you have to the site under services as that term is defined under 18 U.S.C. § 1030.

ShowMojo, at its sole discretion, but based on some clear form of evidence, reserves the right to immediately cancel an account that it believes to be (1) opened with a fraudulent or stolen payment method, (2) used for unethical or illegal purposes, (3) used by or for any party currently or intending to market and provide services similar to any features offered within the ShowMojo product.

4. Revisions and Errata

The materials appearing on ShowMojo’s web site could include technical, typographical, or photographic errors. ShowMojo does not warrant that any of the materials on its web site are accurate, complete, or current. ShowMojo may make changes to the materials contained on its web site at any time without notice. ShowMojo does not, however, make any commitment to update the materials.

5. Account-Holder Agreement on Use of Personal Information Provided by Prospects

As an account holder of the ShowMojo site, you agree to use prospect information only for the purposes of scheduling and obtaining feedback on the listing that prospect has elected to see. You agree not to contact prospects obtained via ShowMojo for any other reason without first obtaining permission from the prospect. You also agree to hold the prospects personal information in a secure manner and to not share that information with any third parties. ShowMojo reserves the right to cancel your account without warning if presented with reliable evidence of a breach of this policy.

6. Payments and Account Cancelations

All payments are non-refundable, including payments for quarterly and annual plans. Monthly plans include limits that may be exceeded and will incur additional charges. You are responsible for monitoring your account, and you agree to pay all published fees associated with account usage.

Accounts without a signed contract beyond these terms can be cancelled by the user at any time. No refund is provided for unused duration or leads. To cancel, you must use the cancel link that can be accessed by signing into your ShowMojo account and going to the Billing Settings page. Cancelation requests transmitted by email, phone or any other means will not be honored.

7. Site Content

Content on this site or content controlled by ShowMojo is provided solely for your personal, non-commercial use. Such content may not be framed, copied, reproduced, republished, uploaded, posted, transmitted, distributed, scraped, spidered and/or exploited in any way, including by email or other electronic means for commercial use without proper license agreements with ShowMojo. Such use of the content is considered theft and will be prosecuted.

8. Links

ShowMojo has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ShowMojo of the site. Use of any such linked web site is at the user’s own risk.

9. Site Terms of Use Modifications

ShowMojo may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. Governing Law

Any claim relating to ShowMojo’s web site shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.

11. Equal Housing Opportunity

The latest updates for this section can be found here: http://www.move.com/company/equalhousing.aspx?gate=realtor

WHAT EVERYONE SHOULD KNOW ABOUT EQUAL OPPORTUNITY IN HOUSING

The sale and purchase of a home is one of the most significant events that an individual will experience in their lifetime. It is more than the simple purchase of housing, for it directly impacts the hopes, dreams, aspirations, and economic destiny of those involved. It is for this reason that the Fair Housing Act and other federal and state laws were enacted to guarantee a right to a national housing market free from discrimination based on race, color, religion, sex, handicap, familial status, and national origin.

THE LAW

Civil Rights Act of 1866

The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.

Fair Housing Act

The Fair Housing Act declares a national policy of fair housing throughout the United States. The law makes illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.

Americans with Disabilities Act

Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.

Equal Credit Opportunity Act

The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant’s income derives from any public assistance program.

State and Local Laws

State and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.

THE RESPONSIBILITIES

The home seller, the home seeker, and the real estate professional all have rights and responsibilities under the law.

For the Home Seller

As a home seller or landlord you have a responsibility and a requirement under the law not to discriminate in the sale, rental and financing of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. You cannot instruct the licensed broker or salesperson acting as your agent to convey for you any limitations in the sale or rental because the real estate professional is also bound by law not to discriminate. Under the law, a home seller or landlord cannot establish discriminatory terms or conditions in the purchase or rental; deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national origin.

For the Home Seeker

You have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin.

This includes the right to expect:

Housing in your price range made available to you without discrimination;

Equal professional service;

The opportunity to consider a broad range of housing choices;

No discriminatory limitations on communities or locations of housing;

No discrimination in the financing, appraising, or insuring of housing;

Reasonable accommodations in rules, practices and procedures for persons with disabilities;

Non-discriminatory terms and conditions for the sale, rental, financing, or insuring of a dwelling; and

To be free from harassment or intimidation for exercising your fair housing rights

For the Real Estate Professional

Agents in a real estate transaction are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. A request from the home seller or landlord to act in a discriminatory manner in the sale, lease or rental cannot legally be fulfilled by the real estate professional.

THE REALTOR® FAIR HOUSING PROGRAM

The NATIONAL ASSOCIATION OF REALTORS® has developed a Fair Housing Program to provide resources and guidance to REALTORS® in ensuring equal professional services for all people. The term REALTOR® identifies a licensed professional in real estate who is a member of the NATIONAL ASSOCIATION OF REALTORS®. Not all licensed real estate brokers and salespersons are members of the National Association, and only those who are may identify themselves as REALTORS®.

They conduct their business and activities in accordance with a strict Code of Ethics.

The Code of Ethics

Article 10 of the NATIONAL ASSOCIATION OF REALTORS® Code of Ethics provides that “REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, or national origin. REALTORS® shall not be a party to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status or national origin.

A REALTOR® pledges to conduct business in keeping with the spirit and letter of the Code of Ethics. Article 10 imposes obligations upon REALTORS® and is also a firm statement of support for equal opportunity in housing.

IF YOU SUSPECT DISCRIMINATION

Call the Local Board of REALTORS®

Local Boards of REALTORS® will accept complaints alleging violations of the Code of Ethics filed by a home seeker who alleges discriminatory treatment in the availability, purchase or rental of housing. Local Boards of REALTORS® have a responsibility to enforce the Code of Ethics through professional standards procedures and corrective action in cases where a violation of the Code of Ethics is proven to have occurred.

Call the U.S. Department of Housing and Urban Development

Local Boards of REALTORS® will accept complaints alleging violations of the Code of Ethics filed by a home seeker who alleges discriminatory treatment in the availability, purchase or rental of housing. Local Boards of REALTORS® have a responsibility to enforce the Code of Ethics through professional standards procedures and corrective action in cases where a violation of the Code of Ethics is proven to have occurred.

Call the U.S. Department of Housing and Urban Development

Complaints alleging discrimination in housing may be filed with the nearest office of the United States Department of Housing and Urban Development (HUD), or by calling HUD’s toll free numbers, 1-800-669-9777 (voice), or 1-800-543-8294 (TDD).

Contact HUD on the internet at http://www.hud.gov/offices/fheo/index.cfm