New Home Know-how User Agreeement

The following describes the terms on which New Home Know-how offers you access to our services.

Introduction

Welcome to New Home Know-how. By using the services on the New Home Know-how websites (New Home Know-how and other related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement" or "User Agreement") with New Home Knowhow and the general principles for the websites of our subsidiaries.

Before you may become a member of New Home Know-how, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some New Home Know-how-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

This Agreement is effective on January 1, 2008, for current users, and upon acceptance for new users.

Using New Home Know-how

While using the Sites, you will not:

  • post content or items in an inappropriate category or areas on the Sites;

  • violate any laws, third party rights, or our policies;

  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

  • distribute or post spam, chain letters, or pyramid schemes;

  • distribute viruses or any other technologies that may harm New Home Know-how, or the interests or property of New Home Knwohow users;

  • copy, modify, or distribute content from the Sites without written consent; or

  • harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing New Home Know-how

New Home Know-how and the Community work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

Fees and Services

Joining New Home Know-how is free.

Content License (non-featured)

When you give us non-featured content (all content except articles and compositions to appear in the "main" section of NewHomeKnowhow.com), you grant us 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) you have in the content, in any media known now or in the future.

Content License (featured)

When you give us featured content (content, articles, and exceprts to appear in the "main" section of NewHomeKnowhow.com), you grant us non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to publish your content on the NewHomeKnowhow.com website. New Home Know-how will not republish, distribute, or sell any of your content without your expressed written permission. At times, content may be quoted or exceprted (always cited) to promote visits to NewHomeKnowhow.com, but never for direct profit.

Liability

You will not hold New Home Know-how responsible for other users' actions or inactions, including things they post. We cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference

The Sites contain robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of New Home Know-how and the appropriate third party, as applicable;

  • interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or

  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us by signing-in to your account. For a complete description of how we use and protect your personal information, see the Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our 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 your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on our registered agent (in the case of eBay) or to the email address you provide to New Home Know-how during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes

If a dispute arises between you and New Home Know-how, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and New Home Know-how agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Maryland as they apply to agreements entered into and to be performed entirely within Maryland between Maryland residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against New Home Know-how must be resolved by a court located in Baltimore County, Maryland, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Baltimore County, Maryland for the purpose of litigating all such claims or disputes.

  • Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  • Improperly Filed Claims - All claims you bring against New Home Know-how must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, New Home Know-how may recover attorneys' fees and costs up to $1000, provided that New Home Know-how has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

New Home Know-how provides members a wide variety of forums, such as, but not limited to, Reviews, Blog Entries, Discussion forums, and Comments, to enable our members to provide factual information, personal opinions, and guidance on a variety of topics; and to publish other personal commentary and content on our site.

Community content published or edited by New Home Know-how Community members is solely the opinion and responsibility of the person posting the content. All content posted to one of these forums must comply with all aspects of the New Home Know-how User Agreement.

See the Examples section below for examples of content that is not permitted. These examples are designed to provide guidance when self-publishing content on our site and should not be viewed as an exhaustive list.

Violations of New Home Know-how policies, including this policy, may result in a range of actions, including:

  • Content removal

  • Limits on account privileges

  • Account suspension.

To report violations of this policy, please contact ONeil Interactive LLC, at http://www.oneilinteractive.com

Some Examples

The following are examples of content or actions not permitted in the Community (Reviews, Guides, Blog Entries, Discussion Forums, etc):

  • Using another New Home Know-how member's pictures or text without the other member's express permission.

  • Using intellectual property without the property owners express permission, where applicable.

  • Encouraging, promoting, facilitating, or instructing others to engage in illegal activity or to violate New Home Know-how policy.

  • Enabling, encouraging, or instructing others to infringe copyrights, trademarks, or other intellectual property rights.

  • Promoting giveaways, lotteries, random drawings, raffles, or prizes of any kind.

  • Using keywords, random links, inaccurate titles, text, or other content not directly relevant to the subject of the Community content for the purpose of gaining attention or diverting members to that content.

  • Publishing content or images that are adult in nature or otherwise not appropriate for minors (individuals under 18 years of age).

  • Misrepresenting yourself as a New Home Know-how employee or as another New Home Know-how member.

  • Publishing content that promotes or glorifies hatred, violence, racial, or religious intolerance, or content that promotes organizations with such views.

  • Using profanity or patently vulgar language in a public area of the site.
  • Publishing personal contact information of any person in any public area of eBay, including emails, phone numbers, name, street address, etc, without their permission
  • Artificially increasing or decreasing any Community Content ratings using the voting features.
Additional Information

Any of these policies may be changed from time to time. Changes take effect when we post them on the Sites. When using particular services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General

New Home Know-how is located at 16102 Baconsfield Lane, Monkton, MD 21111 and is a wholly owned subsidiary of ONeil Interactive LLC. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you of any substnative changes via email. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Release, Content License, Liability, Indemnity and Resolution of Disputes.

 

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