CAPSTONE Real Estate, LLC
Terms and Conditions of Use
Overview
CAPSTONE Real Estate, LLC (“we”, “us”, “our”, or “CAPSTONE”) owns and operates the primary web site HousingCoach.com, along with secondary or sub web sites including but not limited to: FEEorFREE.com, Only499.com, HomeBuyersTV.com, HomeSellersTV.com, ByOwnerProfits.com (the “site”, ”sites”, “web site” and “web sites”).
These Terms and Conditions of Use (“terms of use” or “terms”) shall apply to all sites both primary and secondary web sites along with all web sites owned and operated by CAPSTONE Real Estate, LLC unless a separate terms agreement is posted on any such site. Additional terms and conditions may also be set forth on web pages within the site.
Binding Agreement
By using this site, site visitors (“people”, “user”, “you”) acknowledge reading these terms and conditions. You further acknowledge that you fully understand and agree to be bound by the terms as posted in this agreement. In the event that you do not agree with the terms and conditions set forth in this agreement, you are instructed to immediately stop all use of this site and any and all site content.
Amendment
CAPSTONE retains the right to amend, modify, or make additions or subtractions to the terms, privacy policy, service menu, offers, restrictions, guarantees, conditions, deadlines, pricing, content, any and all additional terms, throughout this site, at any time, for any reason, with or without notice. Amendments shall become immediately effective up posting to the site.
Trademarks and Service Marks
HousingCoach, CAPSTONE Cost Cutter, CAPSTONE Complete, HassleFREE Market Evaluation are Trademarks and/or Service Marks of CAPSTONE Real Estate, LLC.
Copyrights and Content Ownership
The web site contains text, articles, guides, worksheets, reports, pictures, graphics, designs, logos, sounds, audio clips, music, video clips, videos, interviews and seminars (“content”). All content on the site is the copyrighted property of CAPSTONE unless otherwise noted. CAPSTONE owns all web site content or owns a license to post, publish or use such content in which it does not own. CAPSTONE retains all present and future rights to the content. CAPSTONE and any other content owner or licenser shall separately and collectively be referred to as “owner” throughout these terms; Content may not be downloaded, transmitted, published, reproduced, rebroadcast, reposted, or resold without prior written consent by owner. To request such consent please send a written request to CAPSTONE Real Estate, LLC, PO Box 5396, Woodridge, IL 60517.
Permitted Use
The site and the site content may only be used for the personal use of site visitors as described herein: (a) the content may be viewed, read or heard on the site, (b) a copy of the content may be printed for personal informational use only as long as the copy contains the following all copyright notice: Copyright © 2003-2012 CAPSTONE Real Estate, LLC. All rights reserved.
Unauthorized Use
You agree not use the site or site content: (a) in any way contrary to applicable law, government regulation or these terms; (b) in any way that violates, limits, or impedes, the rights of the content and/or site owner without prior written permission of the owner; (c) in a manner that could damage, disable, overburden, or impair the site, content, network, or site servers, including without limitation to use of any malicious software (malware) such as viruses, worms, trojan horses, spyware, or any other destructive or contaminating features or software; (d) in any way that interferes with any third party’s use and/or enjoyment of the site; (e) in a way that is an attempt to gain unauthorized access to the site, accounts, systems, networks, password protected content, pages, or sub-sites of the site, site servers or networks; (f) modify, decompile, reverse engineer, or create derivative works from any content or software accessible by or on the site unless specifically authorized in writing by the owner; (g) by use of unauthorized framing or links of or to any part of the site, (h) by means of a re-license or sublicense of any license granted by owner whether or not any such acts are for commercial gain or advantage; (i) under an assumed or false name; (j) to post or transmit abusive, disrespectful, threatening, harassing, or otherwise objectionable information, statements or phrases including but not limited to anything that would encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise under any applicable law; (k) to disclose another person’s, private, confidential, or personal matters or which would violate a person’s rights of privacy; (l) to demonstrate an alliance or partnership with CAPSTONE unless other wise agreed in writing; (m) to compete with us, our partners, or affiliates in any way.
Agency Notice
The use of this site, any of the content of the site, or functionality built into the site, shall not create an agency relationship between CAPSTONE Real Estate LLC and you unless expressly agreed in a separate written agency contract.
CAPSTONE does establish and maintain client and agency relationships with some site visitors through the use of written agreements expressly designed to identify the scope and terms of that relationship. Exclusive Buyer Agency agreements lay out the terms and expectations of services provided to home buyers and Exclusive Agency/Marketing Agreements also known as a Listing Agreement identify the terms and expectations of service provided to home sellers.
These agreements may or may not be initiated, completed, and delivered through this site, related sites, faxed, mailed, or emailed based on functionality of the site or tools incorporated through the site.
Absent any written, agreed and fully executed client or agency agreement between your and CAPSTONE Real Estate LLC no agency relationship shall be created or implied between you and CAPSTONE.
As noted in the Privacy Policy- you may share information with us as it relates to services that we offer or clients that we represent. Any information that you provide through the site may be shared with a CAPSTONE client if you are involved in a transaction with a current or future client. Do not share any information through the site that you consider confidential unless you are also a client or become a client as a notice of confidentiality is included in all agency agreements and notices of Disclosed Dual Agency as may be consented to by both parties..
Disclaimer
CAPSTONE is a residential real estate company and has created, posted and maintains this website as an aid to consumers and visitors. The content is offered as-is and may contain errors or omissions.
THE CONTENT SHOULD NOT BE CONSIDERED, NOR IS IT OFFERED, AS SPECIFIC ADVICE OR DIRECTION TO YOU.
Real estate and personal finance can be very complicated and everyone has different situations and circumstances which may affect personal advice or professional direction. Since we do not know or have anyway to learn about all of the nuances that may exist in the needs of all of our visitors, we cannot offer specific professional or personal advice to you.
General opinions or recommendations offered through the sites are offered only as points or topics to discuss with the professionals that you have hired or will hire to perform in their specific roles such as Real Estate Broker, Lawyer, Accountant, Home Inspector, etc.
Therefore the site is offered “where-is”, “as-is”, “with all faults”, and “as available”, and without any warranties of any kind including without limitation, any functionality of the web site
THEREFORE, ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, CAPSTONE REAL ESTATE LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER CAPSTONE REAL ESTATE LLC, ITS AFFILIATED, SPONSORS, BUSINESS PARTNERS, ADVERTISERS, OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. CAPSTONE REAL ESTATE LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT IN WHOLE OR IN PART, OR SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOUR USE OF THIS SITE SIGNIFIES THAT YOU EXPRESSLY AGREE THAT YOU USE THIS WEB SITE AT YOUR SOLE RISK. YOU (AND NOT CAPSTONE REAL ESTATE LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER CAPSTONE REAL ESTATE LLC, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS AND ITS WEB HOSTING SERVICE PROVIDERS, AND THEIR SUPPLIERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE (INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESS TO ANY RELATED SOFTWARE OR HARDWARE). BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CAPSTONE REAL ESTATE LLC AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CAPSTONE REAL ESTATE LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, CAPSTONE REAL ESTATE LLC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless CAPSTONE Real Estate LLC, the Providers, and Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms
THIRD PARTY RIGHTS
These Terms are for the benefit of CAPSTONE Real Estate LLC, its Providers, and Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Force Majeure
CAPSTONE will not be liable in any amount for failure to perform, or delay in performing, any obligations, hereunder if such delay or failure is caused by any events beyond our control including, without limitation, acts of third parties, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosions, embargo, or any other Act of God, unavailability, errors or other failures on the Internet, other data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays.
Legal Actions
These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of laws provisions. The application of the United States Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms of Use and your use of the Web Site and/or the services provided thereby shall be the state and federal courts located within the State of Illinois and you consent to such jurisdiction and waive all objections to such jurisdiction and venue.
Severability
If any provision of these Terms of Use as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.
No Waiver
Any failure of CAPSTONE Real Estate LLC to enforce any provision of these Terms of Use shall not be construed a waiver of any rights under such provision or any other provision of the Terms of Use. CAPSTONE may only make such waiver by an express writing.
No Assignment
Any rights or obligations granted to you hereunder may not be assigned or transferred to any other person or entity.