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CAREFULLY READ THIS ENTIRE AGREEMENT. By accessing this website (the "Website") or by using any portion of the Service, you agree to be bound by the terms and conditions of this Agreement, and you represent and warrant that you have legal capacity and all required authorizations to enter into this Agreement.
"Company" means WhyBuy, LLC.
"Service" means the service offered by the Company through this Website.
"User" means you, whether you are (i) simply browsing the Website, (ii) using the Service to offer real property or personal property for rent or for sale, or to offer services, or (iii) using the Service to rent or purchase real property or personal property from others, or to procure services. If your use of the Website falls under subsections (ii) or (iii), you will be required to register for the Service and additional terms may apply. If you register, you are responsible for violations of this Agreement by any person that accesses the Service through your account.
If User registers for or uses the Service, such registration or use of the Service constitutes authorization for the Company to collect certain of User's information, which may include, without limitation, User's name, street address, e-mail address, telephone number, date of birth and credit card information. Additionally, such registration or use of the Service constitutes authorization for the Company to collect information about the types of products and services offered by the third-party advertisers which User purchases or views. The Company will use User's information to facilitate Service transactions and for any purpose that is legally permissible, including selling or transferring information at any time to third parties, including Internet marketing companies, for any legally permissible use. The Company will not sell telephone numbers to telemarketing companies.
By default, User receives e-mails in each of the following Categories: (1) promotions, newsletters and special offers from the Company; (2) promotions and special offers from third parties; and (3) automated messages and alerts from the Company, such as reminders to verify User's e-mail address, notification that one of User's images, text, displays, graphics, photographs, URLs, or other content has not been approved or alerts that another user has contacted User about User's advertisement. For each Category, User may opt not to receive e-mails in that Category by sending an e-mail to unsubscribe@whybuy.com. Alternatively, if User has registered with the Company, User may opt out of any Category by changing User's Preferences under My Account. User may request that his account be deleted by sending an e-mail to an e-mail to delete@WhyBuy.com.
Any entries in the guest book section must be truthful comments from people who have actually completed a rental or sale or service transaction with the user about whom they are commenting.
If User registers for or uses the Service, User is representing that User is able to form legally binding contracts, is not under the age of 18, and is not temporarily or indefinitely suspended from the Website.
The User agrees that when using the Website, the User will not
Further, User agrees that:
The Company reserves the right to cancel any User's account if the Company, in its sole discretion, determines that User is not a suitable user or if User breaches any of the terms of this Agreement. If User submits unsuitable material to the Website, or persistently misuses the Website, the Company reserves the right to revoke User's access to the Website. In that event, User's e-mail address would no longer be provided to third-parties and User would no longer receive e-mails from the Company.
The Website contains links to third-party websites. Any links to other sites are provided merely as a convenience and, if User decides to access any of the third-party sites linked to this Website, User does so entirely at User's own risk. The Company reserves the right to terminate any link or linking program at any time. User acknowledges that Company is not responsible for the data collection policies of linked third-party sites. User should consult the Terms of Use, Acceptable Use Policies, or other agreements of each site User visits.
The Company does not endorse or make any representations or give any warranties about third-party sites linked to the Website, including without limitation third-party websites linked to User-placed advertisements. The Company is not responsible for User-placed advertisements and in no way implicates, sponsors, endorses or approves the use such links or the content of such User-placed advertisements. No rights to use or copy the information on this Website or linked third-party sites are implied or granted.
A cookie is a text-only string of information that a website transfers to the cookie file of the browser on a user computer's hard disk so that the website can remember who the user is. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
When User visits the Website the Company may send User a cookie. Cookies may be used in the following ways:
Two types of cookies may be used on this Website: (i) session cookies, which are temporary cookies that remain in the cookie file of a User's browser until User leaves the Website, and (ii) persistent cookies, which remain in the cookie file of User's browser for much longer (though how long will depend on the lifetime of the specific cookie.
By submitting a photograph, graphic, or advertising text, including, without limitation, any servicemark, trademark, or tradename, User is representing and warranting that (a) User holds all intellectual property rights with respect to each submitted images, text, displays, graphics, photographs, URLs, or other content , or (b) User has secured from the copyright or trademark holder all rights necessary for the photograph, text, or graphic to be used in an online advertisement, (c) that any people in a image or photograph have given permission for their likeness to be displayed in an online advertisement, (d) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (e) that User will indemnify, defend and hold harmless the Company from any cause of action arising from any use of any photograph, graphic, or text submitted by User, including, without limitation, misrepresentation with respect to any and all the photographs so submitted.
When User supplies such content, User grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) User has in the content, for any purpose related to the services provided by the Company in any media known until such time as User's account is terminated.
The trademarks and logos of the Company are the sole property of their respective owners and are owned by, licensed to, or, where required, used with permission by the Company and may not be manipulated, reproduced or copied in any way without the express and written permission of their trademark owner.
Further, any ideas, information, suggestions, comments or materials sent to the Company will be deemed non-confidential. By submitting such information, User grants the Company an unrestricted, irrevocable and royalty-free license to display, distribute, use, modify, reproduce and/or transmit such ideas, information, suggestions, comments or materials for any purpose related to any service provided by the Company. Such grants include, without limitation, all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. The Company will not use User's information in conjunction or connection with any such ideas, information, suggestions, comments or materials without User's permission unless the Company is required by law to do so.
User acknowledges and agrees that (i) the Company may at times be required to suspend or terminate operation of the Website for maintenance or other reasons, and that technical and other issues may make the Website unavailable from time to time, and (ii) the Company does not guarantee that the Website will operate in a timely, uninterrupted or error-free manner. The Service is provided "AS IS". The Company makes no representations or endorsement about the suitability of the Service or the timeliness or accuracy of the information available through this Service for any purpose. Nor does the Company warrant that the functions contained in the Service meet User's requirements. THE COMPANY DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA OR INABILITY TO ACCESS DATA. To the maximum extent permitted by applicable law, The Company hereby disclaims all warranties and conditions, either expressed or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement.
If User is dissatisfied with the Website or any content on the Website or does not agree to be bound by this Agreement, User's sole and exclusive remedy is to discontinue using the Website and cancel User's membership.
User will indemnify, defend and hold the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's breach of this Agreement, User's use of the Website or Service, and/or User's violation of any law or the rights of a third party.
User will not hold the Company responsible for other users' actions or inactions, including user-generated posts. User acknowledges that the Company does not guarantee the quality, safety or legality of properties or services advertised, the truth or accuracy of listings, the ability of User to rent or sell properties or services, the ability of other users to pay for properties or services, or that any transaction will be entered between User-parties.
Regardless of the previous paragraphs, if the Company is found to be liable, the Company's liability to User or to any third party is limited to the greater of (a) the total fees User paid to the Company in the 12 months prior to the action giving rise to the liability, and (b) $100.
THE COMPANY, ITS MANAGERS, MEMBERS, OR OWNERS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF MONEY, LOSS OF GOOD WILL OR REPUTATION OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR USER'S USE OF THE WEBSITE OR INABILITY TO USE THE WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THIS FURTHER INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM OMISSIONS, MISTAKES, DELETION OF FILES OR EMAILS, INTERRUPTIONS, DEFECTS, ERRORS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF USER IS DISSATISFIED WITH THE SERVICE, USER DOES NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE COMPANY WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
User agrees to allow the Company or its affiliated websites to add User's email address to the Company's database of customers. User will receive at least one promotional email from either the Company or its affiliated websites. Additionally, User will receive emails sent by the Company, including but not limited to, an email on the six-month anniversary of any listing. User is welcome to opt not to receive emails from third parties at any time. User may only opt out of emails from the Company by cancelling User's membership.
Further, by using or visiting the Website, User agrees to be bound by the Company's Privacy Policy, located at www.whybuy.com/privacy.
Except as explicitly stated otherwise, legal notices shall be served as to the Company at its registered agent or, as to User at the email address User most recently provided to the Company. Legal notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, the Company may give User legal notice by mail to 200 Sandy Springs Place, Suite 300A Atlanta, Ga 30328. In such case, notice shall be deemed given three days after the date of mailing. For all other notices, notice may be sent by facsimile, electronic mail, or U.S. mail as indicated on the Contact Us page of the Website.
This Agreement sets forth the entire understanding and agreement between the Company and User with respect to the subject matter hereof and supersedes any prior statements or representations. The following Sections survive any termination of this Agreement: Limitation of Liability and Intellectual Property. The Company may amend this Agreement at any time by posting the amended terms on the Website. Except as stated elsewhere, all amended terms shall automatically be effective immediately after they are posted. Alternatively, the Company will notify User at the time User logs on to the Website. This Agreement may not be otherwise amended except in a writing signed by User and the Company.
Each section and subsection of this Agreement constitutes a separate and distinct understanding, covenant and provision hereof. In the event that any provision of this Agreement shall finally be determined to be unlawful, such provision shall be deemed to be severed from this Agreement, but every other provision of this Agreement shall remain in full force and effect.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia and shall be deemed to have been entered into in Fulton County, Georgia. The parties hereto expressly agree that any claims or disputes arising out of or in connection with this Agreement or the parties' relationship shall be brought in the Superior Court of Fulton County, Georgia, which shall be the exclusive forum for the resolution of such claims or disputes, and the parties agree that venue over them in such Court shall be proper, and waive any objection to such venue that otherwise would be available to them.