Terms and Conditions

TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. By accessing and using this Web Site at www.AMERICANHOMESONLINE.com, you explicitly agree to comply with and be bound by the following terms and conditions (the “Terms of Use”).

American Homes Online Realty reserves the right to change or modify these Terms of Use and/or any policy and/or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes and/or modifications. Please review these Terms of Use periodically and check the version date for changes.

General

American Homes Online Realty. and its subsidiaries and affiliates (collectively, “American Homes Online”) provide you with access to the Site and the services offered by American Homes Online available on it, or other Web Sites as indicated below (collectively, the “Services”). Access to and use of the Services is governed by these Terms of Use.

Services

The Services include the American Homes Online Site and other content, products and/or services available on the Site and/or its affiliates. The Services may also be located on third party Web Sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web Sites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.

Third Party Advertising and Business Dealings

American Homes Online Realty may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. American Homes Online Realty 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. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site. If you have a dispute with one or more advertisers or other third parties, you release American Homes Online Realty from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising of or in any way connected with such disputes.

Modification of American Homes Online Realty Services

American Homes Online Realty reserves the right to modify or discontinue the Service(s) and/or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. American Homes Online Realty shall not be liable to you or any third party should American Homes Online Realty exercise its right to modify or discontinue the Service(s) and/or part of it.

Copyright And License

All copyrighted and copyrightable materials on the Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information (“Materials”) thereof are proprietary property of American Homes Online Realty or its licensors, or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sub-licensable right to access the Site, use the Services and print the Materials for your personal, non-commercial, and informational use only, which includes storing one copy of the Site or images on your computer for viewing purposes only, not to be distributed or otherwise used with the expressed permission of the Copyright Holder(s). We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:

publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
market, sell or make commercial use of the Site or any Materials;
systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods, except in the case of search engines such as Google.com, Yahoo.com, MSN.com, Bing.com, Etc.;
make derivative, defamed, unlawful, or otherwise questionable use(s) of the Site or the Materials; or
frame or utilize framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page).

Except for the limited license granted to you, you are not conveyed any other right or license by implication, assumption, common law, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of American Homes Online Realty or any third party. Any unauthorized use of the Site will terminate the permission or license granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violations will be pursued to the fullest extent of applicable law.

American Homes Online Realty does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source Web Site or information provided by the Web Site owner. American Homes Online Realty uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating Web Site. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. American Homes Online Realty does assert copyright and reserves all right to the search results and associated compilations.

Trademarks and Service Marks

“American Homes Online” and our logos are trademarks, service marks or registered trademarks of American Homes Online Realty or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our American Homes Online, our suppliers, or our licensors, respectively. You may not use any meta tags or any other “hidden text” utilizing “American Homes Online” or any other name, trademark, or product name of American Homes Online Realty without the expressed written permission of a party authorized to grant such permission(s) by American Homes Online Realty. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of American Homes Online Realty, and may not be copied, imitated, or used, in whole or in part, without prior written permission from American Homes Online Realty or a representative authorized to grant such permission(s) on behalf of American Homes Online Realty. All other trademarks, registered trademarks, product names and American Homes Online Realty names or logos mentioned herein are the property of their respective copyright holders. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, ownership, or recommendation thereof by American Homes Online Realty.

Links to Other Sites

The Services contain links to third-party Web Sites. These third-party sites are not under the control of American Homes Online Realty. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the Site or any information contained therein. American Homes Online is not responsible or liable for the contents of any linked site. You should make any investigation(s) you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving the Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512(c)), American Homes Online Realty adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to the Site in a way that constitutes copyright infringement, please provide American Homes Online the following written information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to legally act on behalf of the Copyright Owner.

Before sending a notice to American Homes Online Realty, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for American Homes Online Realty is provided below for use in copyright claims.

DMCA Agent:

Support
USA

Email address

Support@americanhomesonline.com

Indemnification

You agree to defend, indemnify, and hold harmless American Homes Online Realty from and against any claims, damages, costs, liabilities, and/or expenses (including, but not limited to, reasonable attorneys’ fees) arising of or related to any User Content you post, store, or otherwise transmit on or through the Site or your use of the Site and the Service, including, without limitation, any actual or threatened suit, demand, or claim made against American Homes Online Realty arising of and/or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party. This clause is applicable only in jurisdictions which allow for such high level of indemnification, if applicable law does not allow for such indemnification, that portion of this clause is void but the rest shall remain in effect until otherwise specified by a judge in the County of Queens, State of New York, City of New York, United States of America.

No Warranties

THE SITE, THE MATERIALS, AND THE SERVICES CONTAINED IN OR ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, AND/OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

Limitation of Liability

IN NO EVENT SHALL AMERICAN HOMES ONLINE REALTY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Responsibility for Third Party Content

American Homes Online Realty may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively referred to as “Third Party Content”) as a service to those interested in this information. American Homes Online Realty does not monitor or have any control over any Third Party Content or third party Web Sites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and/or users, are those of the respective author(s) or distributor(s) and not American Homes Online Realty. In many instances, the content available through the Site represents the opinions and judgments of the respective information providers or users. American Homes Online Realty does not endorse or adopt any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the Site by any third party. Users use such Third Party Content contained therein at their own risk.

Choice of Law, Waiver, And Claims

These Terms of Use shall be governed by the laws of the State of New York County of Queens, City of New York, United States of America, without regard to its conflict of law provisions. American Homes Online ‘s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in said provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration

Any controversy or claim arising of or relating to these Terms of Use or the Services may be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim may be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Queens, New York United States of America, and judgment on the arbitration award may be entered into any court having jurisdiction therein. Either American Homes Online or you may seek any interim or preliminary relief from a court of competent jurisdiction in Queens, New York United States of America, as necessary to protect the rights and/or property of you and/or American Homes Online Realty.