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Privacy, terms & conditions

Terms of Service

Welcome to HomesHQ.com (the “Website”). The Website is owned and operated by Forum Communications Company, which provides this service to you, subject to your acceptance without modification of all of the following Terms of Service ("TOS") and all other operating rules, policies (including, without limitation, the Privacy Policy) and procedures that may be published from time to time on the Website by Forum Communications Company (collectively, this “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you acknowledge and agree that you are bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Forum Communications Company, acceptance is expressly limited to these terms.

The Website is available only to individuals who are at least 13 years old.

Intellectual Property.

This Agreement does not transfer from Forum Communications Company to you any intellectual property (including but not limited to copyrights, patents, trademarks or service marks) of Forum Communications Company or of any third party, and all right, title and interest in and to such intellectual property will remain (as between the parties to this Agreement) solely with Forum Communications Company.

Forum Communications Company, HomesHQ, the HomesHQ logo and HomesHQ.com, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Forum Communications Company or Forum Communications Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Forum Communications Company or third-party copyrights, patents, trademarks or service marks or any other intellectual property.

The news, information, and other material on HomesHQ is copyrighted by Forum Communications Company of Fargo, North Dakota, or by other information providers who have licensed their content for electronic publication by Forum Communications Company.

Users of this service may not reproduce, republish, or redistribute material on this Website in any form without express written consent of Forum Communications Company or of the copyright holder, if the copyright holder is not Forum Communications Company. Any comments posted on the Website may be placed or republished in the newspapers, boardcasts or other websites owned or operated by Forum Communications Company. You hereby consent to license Content for republication in other Forum Communications Company’s products and media.

Neither Forum Communications Company nor any of its information providers shall be liable in any way to you or other parties for delays, inaccuracies, errors, or omissions in the material published on the Website.

By using the Website, you also agree that you will not upload any copyrighted material to the Website without the written consent of the copyright holder.

Any Associated Press (AP) news material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. AP news material may not be stored in whole or in part on a computer except for personal and non-commercial use. The AP will not be held liable for any delays, inaccuracies, errors, or omissions in any AP news material or in the transmission or delivery of all or any part thereof or for any damages whatsoever.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. The information on the Website is being provided for consumers’ personal, non-commercial use and may not be used for any other purpose than to identify prospective properties consumers may be interested in purchasing.

Listing data

Forum Communications Company has not reviewed, and cannot review, all of the material and information provided or made available on the Website, and cannot therefore be responsible for that material’s or information’s substance, content, use or effects. By operating the Website, Forum Communications Company does not represent or imply that it endorses the material or information there provided, or that it believes such material or information to be accurate, useful or non-harmful.

Third Party Sites

The Website may contain links to, or tools made available on the Website from, other websites, sources and platforms of third parties (“Third Party Sites”), which are not under control of Forum Communications Company; as such, Forums Communications Company is not responsible for the contents, information, materials and tools provided by or on or accessible from such Third Party Sites.

Termination

Forum Communications Company may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive any termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS”. FORUM COMMUNICATIONS COMPANY AND ITS VENDORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER FORUM COMMUNICATIONS COMPANY NOR ITS VENDORS, SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

LIMITATION OF LIABILITY. IN NO EVENT WILL FORUM COMMUNICATIONS COMPANY, OR ITS VENDORS, SUPPLIERS OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, OR WITH RESPECT TO THE WEBSITE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. THE FOREGOING SHALL NOT APPLY TO THE EXTENT ANY SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. YOUR SOLE REMEDY IN THE EVENT OF YOUR DISSATISFACTION WITH THE WEBSITE OR MATERIALS THEREON PROVIDED, SHALL BE TO DISCONTINUE USING THE WEBSITE.

GENERAL REPRESENTATION AND INDEMNITY. YOU REPRESENT AND WARRANT THAT (I) YOUR USE OF THE WEBSITE WILL BE IN STRICT ACCORDANCE WITH THIS AGREEMENT AND WITH ALL APPLICABLE LAWS AND REGULATIONS AND (II) YOUR USE OF THE WEBSITE WILL NOT INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FORUM COMMUNICATIONS COMPANY, ITS CONTRACTORS, AND ITS LICENSORS, VENDORS AND SUPPLIERS, AND ALL THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, OWNERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT, YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS.

EQUAL HOUSING NOTICE

All real estate advertising on this Website is subject to the Fair Housing Act which makes it illegal to advertise "any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention, to make any such preference, limitation or discrimination."

Familial status includes children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under 18.'
This Website will not knowingly accept any advertising for real estate which is in violation of the law. Our users are hereby informed that all dwellings advertised on this site are available on an equal opportunity basis.

To complain of discrimination call
North Dakota Fair Housing Council Toll-free 1-888-265-0907.
HUD Toll-free 1-800-69-9777.
The toll-free telephone number for the hearing impaired is 1-800-927-9275.

Miscellaneous. This Agreement constitutes the entire agreement between Forum Communications Company and you concerning the subject matter hereof, provided, Forum Communications Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement, and it is your responsibility to check this Agreement periodically for changes; your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.

Except to the extent applicable law provides otherwise, this Agreement, and any access to or use of the Website, will be governed by the laws of the state of North Dakota, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Cass County, North Dakota. By accessing or using any part of the Website, you irrevocably and unconditionally: (a) submit to the jurisdiction of any such court in any suit, action or proceeding arising out of or relating to this Agreement, and/or any access to or use of the Website; (b) to the fullest extent permitted under applicable, hereby waive (i) any objection you may now or hereafter have to such venue of any suit, action or proceeding and (ii) any defense of an inconvenient forum to the maintenance of such suit, action or proceeding in any such court.

BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING BROUGHT ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR ANY ACCESS TO OR USE OF THE WEBSITE.

If any term, covenant or condition of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstances other than those in respect to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and be enforced to the fullest extent permitted by law. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

HomesHQ and The Forum and their logos are registered service marks or trademarks of Forum Communications Company.