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QCHomes.com Terms and Conditions
By completing the registration and accepting the terms of this agreement (this "Agreement"), you become an account-holder of QCHomes.com (the "Service"). Do not register unless you understand these terms and conditions and agree to comply with them. QCHomes.com, Quad-Cities Online, its web-site and the services offered on it are owned or licensed by and operated by Moline Dispatch Publishing Company, LLC. ["MDPC"]. Before you begin using the Service, you must affirmatively agree to be bound by these Terms and Conditions pertaining to your use of the Service. QCHomes.com may revise these Terms and Conditions at any time without notice. Check these Terms and Conditions periodically on the web-site to stay up to date. Your use of the Service will confirm your agreement to these Terms and Conditions as well as your acceptance of any revisions made to these Terms and Conditions. If you do not agree to any such revisions, then you must immediately stop using the Service and notify MDPC that the Agreement(s) is/are terminated. You agree that your right to use your QCHomes.com service is personal to you. You agree not to resell or make any commercial use of QCHomes.com, except as provided in this Agreement, with the express written consent of MDPC, and you agree to be fully liable for the use of your account, including any unauthorized use of your account by a third party. Copyrighted material or software may not be posted or uploaded to the service without the permission of the copyright holder(s). You may not resell or transfer your account or any of its benefits to any other person or entity. Persons in the same household or business may share a single user ID. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE AND YOUR ACCOUNT IS AT YOUR SOLE RISK. MDPC AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE ARE NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION AND LOSS OF DATA) YOU OR ANYONE ELSE USING YOUR ACCOUNT MIGHT INCUR DUE TO YOUR USE OR INABILITY TO USE THE SERVICE. IN NO EVENT SHALL MDPC'S LIABILITY OR THE LIABILITY OF THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE EXCEED: (1) FOR INJURY TO PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE, THE AMOUNT OF DIRECT DAMAGES TO THE PROPERTY OR PERSON; AND (2) FOR ALL OTHER CLAIMS, ACTIONS OR DAMAGES PERMITTED HEREIN, OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. MDPC AND THIRD PARTIES WHO CONTRIBUTE TO THE SERVICE MAKE NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE, THE SOFTWARE, OR ANY THIRD PARTY MATERIAL AVAILABLE THROUGH THE SERVICE. FURTHERMORE, MDPC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. You agree to indemnify, defend and hold harmless MDPC, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liabilities, damages and/or costs (including, but not limited to, attorney's fees) arising from your use of QCHomes.com, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will not send or post any material that is abusive, obscene, threatening or illegal. You agree not to defame individuals or organizations. Although MDPC has no policy of censorship and does not preview postings by account-holders, we reserve the right (but not the obligation) to delete any material that comes to our attention that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the content, including any reliance on the accuracy, completeness, or usefulness of such content. Although MDPC regards all e-mail as private, no special facilities are provided to guarantee this. You should consider that any message could be intercepted and read. While the operators of this system have the capability of reading any message, we do not screen or censor email. Any account-holder who receives a harassing, threatening, obscene or illegal message should notify QCHomes.com immediately. It is best not to respond to any objectionable message. Senders of any objectionable message, whether private or posted in a forum, may be suspended and their account canceled without refund. We reserve the right to suspend or cancel any account at any time without notice. Law enforcement authorities may be contacted in the case of illegal, fraudulent or threatening messages that come to our attention. We cannot guarantee any transaction resulting from information received on the Service. You should be skeptical of anonymous information in "chats" or messages. Personal information you give out, such as your name, address and phone number, is done at your own risk. Advertising, solicitation or marketing on QCHomes.com is prohibited, except in special areas designated by the system operator, or with express permission of MDPC. Chain letters are forbidden. Information about your registration is confidential. We do not "sell" information about account-holders. However, we may use registration information to customize news, and/or product and/or information services and/or offerings to them. MDPC will use ordinary skill and prudence in protecting your personally identifiable information. However, MDPC shall not be liable for protecting such data from loss, misuse, or unauthorized access or disclosure, alteration or destruction. MDPC is not responsible for the views expressed in public messages on this service. Such opinions are those of their authors. Software and information made available on the Service is supplied "as is." While we take reasonable care in checking information files, MDPC assumes no liability for any inconvenience or damage that may result from defective downloads. Multiple ads for the same property are not allowed. Each listing is for a single property only. Each home for sell or parcel/lot is an individual ad and must have it's own address or parcel number. Special arrangements can be made with QCHomes management to purchase one ad package to sell more than one parcel/lot or properties. All information given by you must be accurate. Any account found to contain false information will be terminated immediately without refund. Accounts or ads no longer able to be verified by telephone number or e-mail contact, will be considered abandoned and removed from the system. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MDPC has no control over such sites and resources, you acknowledge and agree that MDPC is not responsible or liable for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials available from such sites or resources. You further acknowledge and agree that MDPC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. MDPC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MDPC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Further, MDPC makes no representation or warranties with regard to availability of QCHomes.com, response time of the server, or connection bandwidth to the Internet. QCHomes.com acts as the venue for buyers and sellers. QCHomes.com is not involved in any actual transaction between buyer and seller. QCHomes.com cannot guarantee the quality, safety or legality of the homes advertised, the truth or accuracy of the ads, the ability of sellers to sell the homes, or the ability of buyers to buy the homes. QCHomes.com cannot and does not control whether or not sellers will complete the sale or buyers will complete the purchase. Account-holders are warned that there is a risk of dealing with persons acting under false pretenses. QCHomes.com cannot confirm that any account-holder or buyer is who he or she claims to be. In the event that you have a dispute with one or more users or account-holders of QCHomes.com, you release QCHomes.com agents and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. QCHomes.com cannot advise buyers and sellers about financing, buying ability, home inspections, mortage rates and other related information relating to a transaction or potential transaction; buyers and sellers are encouraged to consult a qualified professional in these matters. MDPC owns QCHomes.com and all copyright and other intellectual property rights in QCHomes.com; under this Agreement you receive only a limited right to use QCHomes.com. Certain of the names, logos and other materials displayed by QCHomes.com may constitute the trademarks or other intellectual property of MDPC or other entities. You are not authorized to use any such trademarks or other intellectual property. Ownership of all such trademarks and other intellectual property remains with QCHomes.com, Quad-Cities Online, or those entities. You agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be Rock Island County, Illinois, and the laws of the State of Illinois shall govern the terms of this Agreement. This Agreement will inure to the benefit of MDPC's successors, assigns and licensees. If any provision of this Agreement is found void or unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages shall remain in full force and effect. Should you have any questions concerning this Agreement or the Service, or if you desire to contact MDPC for any reason, please write QCHomes.com at 1810-5th Avenue Moline, Illinois 61265, or e-mail info@qchomes.com. |