Please read the following Terms and Conditions carefully before use of the www.FETCHANEWHOME.com website.
Acceptance of Terms and Conditions
By using this site, you are deemed to have agreed to these terms and conditions of use (the “Terms and Conditions”). Please note that these Terms and Conditions may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms and Conditions, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions, whether or not you have reviewed them. If you do not agree to abide by these or any future Terms and Conditions, you should not use or access the Site. We also reserve the right, at any time, to: change or discontinue any material or feature of the Site or any services or products made available through the Site without prior notice; charge fees in connection with the use of the Site; and modify and/or waive any fees charged in connection with the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. By using the Site after such changes will indicate your acceptance of such changes.
Scope of Terms and Conditions
The Terms and Conditions applies to your use of the site and services owned and operated by FETCH A NEW HOME, and affiliated companies (collectively “we,” “us” or “our”), including FETCHANEWHOME.com and any other site that we may own or operate currently or in the future (collectively, the “Site”). By using this Site, you signify your acceptance of Terms and Conditions. These terms and conditions do not apply to your use of unaffiliated sites to which the Site only links.
Users of the Website
As a condition of your use of this Website, you warrant and represent that:
1) You are 18 or older or that you have your parent or legal guardian’s permission to do use the site;
2) You agree to abide by the terms and conditions of this Agreement;
3) You agree that all information supplied by you on this Site is true, accurate, current and complete;
4) You agree to be fully responsible for all use of your account, whether such use is by you or someone else.
Third Party Sites
This Site may, for your convenience, link you to other websites on the Internet as well as contain various content belonging to or originating from third parties (“Third Party Sites”). Third Party Sites are not under our control, not monitored or checked by us and we are not responsible for the contents of any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, services, copyright compliance, legality, decency, opinions, reliability, privacy practices or other policies of the Third Party Sites or Content. The inclusion of, or linking to, any Third Party Site or any Third Party Content does not imply approval or endorsement by or association with us, nor do we warrant that it will not contain viruses or otherwise impact your computer. Your access to such websites or your use of such links to any other websites or pages is at your own risk. You acknowledge and agree that we do not control and are not 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 content, goods or services available on Third Party Sites. We suggest you to perform the appropriate investigations before proceeding with any online transaction with any of these Third Party Sites. Other web sites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on such other sites, or any loss or damages incurred in connection with such other sites.
Use of Material
The material contained in this Site is protected by copyright and trademark laws and is the property of their owners. Visitors of this Site agree that they are only authorized to visit, view, and retain a copy of pages of this Site for their own personal use, and that they shall not duplicate, display, download, distribute, copy, publish, transmit, modify, or in any way exploit the material on this Site for any commercial use, or for any purpose other than as described in these Terms and Conditions. Disassembling, decompiling, reverse engineering, or reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. When you download copyrighted material, you do not obtain any ownership rights in that material. Users of the Site may not disrupt, interfere with, or circumvent security measures of the site or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions.
Posting Reviews/Photo Submissions
FETCHANEWHOME.com reserves the right to control (e.g. use, publish, remove) any review or photo you submit without notice to you. If you submit more than one review for the same product, only your most recent submission is eligible for use. Reviews may be removed from the Site if the product is no longer available. Reviews are not endorsed by or reflect the views of FETCHANEWHOME.com; it’s employees, officers or directors. You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Site), and are solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. FETCHANEWHOME.com does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER FETCHANEWHOME.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. FETCHANEWHOME.com, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, FETCHANEWHOME.com OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON FETCHANEWHOME.com, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF FETCHANEWHOME.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT FETCHANEWHOME.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ALSO UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF. YOU ARE ALSO BE SOLELY RESPONSIBLE FOR, AND HEREBY HOLD US HARMLESS FROM ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT OR THIRD PARTY SITE CONTENT OR ADVERTISING POSTED ON THE SITE IN CONNECTION WITH THE SERVICE, WHETHER POSTED OR CAUSED BY USERS OF THE SITE, FETCHANEWHOME.com, BY THIRD PARTY SITES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE OR THE SERVICE. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS).
Disclaimers of Warranties
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AND WHEN AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU AGREE TO USE THIS SITE AT YOUR OWN RISK. FETCHANEWHOME.com CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR THE SITE CONTENT. FETCHANEWHOME.com DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, CONTENT OR MATERIALS AND USE SOFTWARE TO DETECT AND DISINFECT VIRUSES. We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
Proprietary Online Rights
Testimonials and other content that is submitted to FETCHANEWHOME.com shall be owned exclusively and in perpetuity by FETCH A NEW HOME. Such exclusive ownership means that FETCH A NEW HOME has the perpetual, unrestricted and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted testimonials, photos, and other submitted content. FETCHANEWHOME.com is under no obligation to give credit or pay any consideration to you for your testimonials. Except as expressly authorized by FETCH A NEW HOME, you may not transmit, copy, publish, distribute, modify, perform, display or sell any of FETCHANEWHOME.com’s proprietary information which includes the sum of all postings and photos to the site. Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
Hold Harmless and Indemnification
You agree to indemnify and hold FETCH A NEW HOME, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages (actual and consequential), costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, Software or Content you post or share on or through the Site, your use of the Service or the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party. We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.
Jurisdiction and Governing Law