By using the FindHolmes.com web site or utilizing its mobile short message services (SMS), provided by Cropcho, Inc., dba FindHolmes, you are agreeing to be bound by the following terms and conditions (“Terms of Use”).
FindHolmes may deliver information, data, services and messages (“Information”) to you by or through a variety of sources including, but not limited to, FindHolmes operated websites, text messaging, and email. All Information delivered by FindHolmes including, but not limited to, information relative to a) real estate, b) property owners, agents, brokers, professionals, or representatives (collectively the “Property Owners”) and their contact information, including, but not limited to, company, address, telephone numbers, email addresses, websites, and c) property pricing, features, details, location, or other information has been provided by third parties including, but not limited to, Property Owners or has been obtained from public sources. While FindHolmes strives to ensure that the Information on this Web Site or other Information that may be delivered to you is accurate, there is no representation or warranty as to the accuracy or reliability of Information provided on this Web Site or otherwise.
FindHolmes makes no warranties or representations whatsoever with regard to a) any property, product, or service offered by any Property Owner, and you acknowledge that any reliance on representations and warranties provided by any Property Owner shall be at your own risk.
FindHolmes neither recommends nor endorses any property, product, service or Property Owner named in this Web Site or otherwise described in any Information that FindHolmes may transmit.
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes.
The FindHolmes service includes features without and with charges from FindHolmes. Additionally, your mobile phone carrier may charge you for usage. The customer is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of FindHolmes services. Please consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages.
UNDER NO CIRCUMSTANCES WILL FINDHOLMES BE LIABLE FOR COSTS THAT YOU MAY INCUR FOR CONNECTIONS, WIRELESS TRANSMISSIONS OR INTERNET TRANSMISSIONS AND YOU SHALL BE RESPONSIBLE FOR ALL OF YOUR MESSAGING COSTS.
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify FindHolmes of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of FindHolmes.
FindHolmes disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the FindHolmes Services results. FindHolmes disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. FindHolmes disclaims any responsibility for any harm resulting from information or material through the FindHolmes Services.
THE FINDHOLMES SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE FINDHOLMES SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FINDHOLMES AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FINDHOLMES AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FINDHOLMES SERVICES. FINDHOLMES AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE FINDHOLMES SERVICES. FINDHOLMES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FINDHOLMES SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE FINDHOLMES SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE FINDHOLMES SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FINDHOLMES SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL FINDHOLMES OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE FINDHOLMES SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF FINDHOLMES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE FINDHOLMES SERVICES, FROM INABILITY TO USE THE FindHolmes SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FINDHOLMES SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FINDHOLMES SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE FINDHOLMES SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE FINDHOLMES SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE FINDHOLMES SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE FindHolmes SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE FINDHOLMES SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall FindHolmes or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.