Cost
There are no fees or costs associated with signing up for or maintaining a member account at housby.com.
Restrictions Governing the Use of housby.com Member Services
As a condition of your use of housby.com Member Services, you warrant you will not:
1. use housby.com Member Services for any purpose that is unlawful or prohibited by this Agreement;
2. use housby.com Member Services in any manner that could damage, disable, overburden, or impair the housby.com web site;
3. use any device, software or routine to interfere or attempt to interfere with the proper working of housby.com Member Services or the housby.com web
site or any HOUSBY sale;
4. take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
5. interfere with or disrupt any computer networks involved in the provision of housby.com Member Services;
6. transmit any viruses or other code, files, or programs that may damage, disrupt, or interfere with housby.com Member Services or any other aspect of
the housby.com web site;
7. interfere with any other party's use of housby.com Member Services or the housby.com web site;
8. use housby.com Member Services to upload, post or distribute any advertising or solicitations;
9. use housby.com Member Services in such a way as to gain unauthorized access to the computer systems of others; or
10. Engage in any data-mining activities using housby.com Member Services or otherwise engage in any commercial use of the information obtained through
the same.
You acknowledge and agree that housby.com Member Services, the housby.com web site, and any software and information used in connection therewith contain
proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any
content contained on the housby.com web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by HOUSBY, you agree not to modify, sell, distribute or create derivative works based on the housby.com web site or the content
therein, in whole or in part.
Privacy Statement
The terms of the Privacy Statement set forth on the housby.com web site (the "HOUSBY Privacy Statement") are incorporated by reference into this Agreement.
You are encouraged to periodically review the HOUSBY Privacy Statement. HOUSBY Sales will never sell or use your information submitted to HOUSBY for any other purpose other than those associated with the general business operations of HOUSBY, its affiliates and Housby Mack, Inc. and its affiliates.
User Information
By accepting these Member Services Terms and Conditions, you grant to HOUSBY a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable right to use the User Information for any purposes in connection with Member Services. In addition, HOUSBY may disclose aggregated user
statistics that do not identify individual users.
HOUSBY may disclose User Information, subject to any applicable laws, if we have reason to believe that disclosing this information is necessary to
identify, contact or bring legal action against someone who may be violating this Agreement or may be causing injury to or interference (either
intentionally or unintentionally) with HOUSBY's rights or property, other users of Member Services, or anyone else that could be harmed by such activities.
HOUSBY may disclose User Information when we believe in good faith that the law requires such disclosure.
No Professional Advice
Any information supplied by any employee or agent of HOUSBY, in any form whatsoever, is intended solely as general guidance on the use of Member Services
and the buying and selling of lots at HOUSBY Sales.
Termination
Without limiting any other remedies, HOUSBY reserves the right, at its sole discretion, to revoke your access to Member Services at any time and without
notice, for any reason, including, without limitation, if we (i) conclude you have engaged in activity unacceptable to HOUSBY in connection with our site or
the use of Member Services, or (ii) determine you are in breach of this Agreement.
Disclaimers
You acknowledge and agree that the internet is an unreliable, unsecured, and error-prone network and HOUSBY cannot and does not guarantee continuous,
uninterrupted or secure access to Member Services or the housby.com web site. You agree to hold HOUSBY harmless for any interruptions in Member Services or
the housby.com web site, or your inability to reach or effectively use Member Services or the housby.com web site. IN NO EVENT SHALL HOUSBY BE LIABLE FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT OR THE USE OF MEMBER SERVICES.
MEMBER SERVICES AND THE HOUSBY.COM WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH
MEMBER SERVICES OR THE HOUSBY.COM WEB SITE, ARE PROVIDED ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. HOUSBY DOES NOT WARRANT THAT THE
SERVICES OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED, MADE AVAILABLE ON OR ACCESSED THROUGH MEMBER SERVICES OR THE HOUSBY.COM WEB SITE, INCLUDING
WITHOUT LIMITATION ANY THIRD-PARTY SOFTWARE, PRODUCTS OR OTHER MATERIALS USED IN CONNECTION WITH MEMBER SERVICES OR THE HOUSBY.COM WEBSITE, WILL BE
TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HOUSBY MAKES NO WARRANTY THAT MEMBER SERVICES OR THE HOUSBY.COM WEB SITE
WILL MEET YOUR REQUIREMENTS. IF YOU ARE DISSATISFIED WITH MEMBER SERVICES OR THE HOUSBY.COM WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING MEMBER
SERVICES OR THE HOUSBY.COM WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOUSBY OR THROUGH MEMBER SERVICES OR THE
HOUSBY.COM WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
HOUSBY reserves the right to suspend, postpone or cancel any access to Member Services, without notice, if HOUSBY determines, in its sole discretion, such
action is appropriate. HOUSBY shall have no liability to you as a result of such suspension, postponement or cancellation.
Bidding Disclaimers
When Housby announces that any specific property is "SOLD", the title for that property shall pass to the successful bidder, who then and there assumes the full risk and responsibility for the property. All property shall be removed from the sale premises by the buyer and/or buyer's representative at his/her/its own risk and expense, and within the time period announced and/or posted by Housby, except as provided for herein. Housby disclaims any liability for damages, whether direct, indirect, consequential, or incidental, resulting from bids not spotted, executed, or accepted. Bidders should also be careful to bid on the correct lot and ensure that his/her bid is for the amount intended. Housby is not responsible for errors in bidding. The sale is complete when the specific item is announced as sold. All representations and/or warranties made, if any, are between Buyer and Seller. Housby shall not be held responsible for the correctness of any representations and/or warranties of any kind with respect to the property. Housby shall not be held responsible for any representations and/or genuineness of description of any property. All warranties, express and implied (including the warranty of merchantability and fitness for a particular purpose when applicable), are hereby waived by Buyer. ALL SALES ARE FINAL AND ALL PROPERTY IS SOLD "AS IS" AND "WHERE IS." Buyer acknowledges that he/she has been provided the opportunity to inspect the property before purchasing same and Buyer has/has not inspected the property at his/her sole discretion. Buyer is responsible to determine the condition of any property. Neither Housby nor seller shall be liable for any damage and/or injury to any property and/or person at and/or upon any sale premises. Each person entering upon any sale premises assumes and/or incurs all risks and/or liability whatsoever for his/her safety (and for any minor with him/her). Each person upon any sale premises shall defend, indemnify and hold harmless Housby and/or seller from any and all liability as set forth, including, but not limited to, any event that may result in any damage and/or injury to his/her person (or to any minor with him/her) and/or property during the inspection and/or use of any property on any sale premises. HOUSBY IS NOT RESPONSIBLE FOR ANY LOST, STOLEN, OR DAMAGED PROPERTY.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NEITHER HOUSBY NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, OF ANY NATURE ARISING OUT OF (1) THE FAILURE OF ANY INFORMATION OR DATA TO BE TRANSMITTED OR RECEIVED IN A TIMELY
FASHION, (2) THE INTERRUPTION OF ANY DATA TRANSMISSION, (3) THE DOWNLOADING OF ANY APPLICATIONS OR INFORMATION RELATED TO MEMBER SERVICES, OR (4) THE USE
OF OR INABILITY TO USE MEMBER SERVICES OR THE HOUSBY.COM WEB SITE, TO THE FULL EXTENT THOSE DAMAGES CAN BE DISCLAIMED BY LAW. THIS LIMITATION OF LIABILITY
IS EXPRESSLY INTENDED TO APPLY TO ALL TYPES OF DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF
BUSINESS INFORMATION (INCLUDING LOSS OR REPLACEMENT OF ANY DATA, MEMORY OR OTHER INFORMATION WHICH IS ALTERED OR DAMAGED) OR BUSINESS INTERRUPTION (WHETHER
RESULTING FROM FAILURES OR DELAYS IN DELIVERY OR PERFORMANCE).
Indemnification
You agree to indemnify, defend and hold harmless HOUSBY and its employees, agents, affiliates, successors, officers, directors and assigns, from and against
any and all claims, demands, losses, damages, liabilities, costs and expenses (including attorney fees) arising out of or relating to any claim or action
based upon your use of Member Services or the housby.com web site or your breach of this Agreement.
Amendment
HOUSBY may amend the housby.com Member Services Terms and Conditions at any time by posting the amendments on our web site.
Notices
To HOUSBY: Notices must be sent by email to bid@housby.com and by certified mail to HOUSBY Online LLC, 4747 NE 14th St., Des Moines, IA 50313.
To You: Except as explicitly stated otherwise, any notices under this Agreement shall be given by email to the email address provided to HOUSBY during your
registration, or as subsequently amended by you, on the housby.com web site. Notice shall be deemed given 24 hours after the email is sent. If your email
address changes, you are responsible for notifying HOUSBY of such change by updating your housby.com Member Services Profile on the housby.com web site.
Governing Law
The Account Terms and Conditions shall be governed by and interpreted under the laws of, and any action hereunder against HOUSBY shall be commenced in the
State of Iowa, Polk County.
No Waiver
The failure of HOUSBY to enforce any terms of this Agreement in whole or in part or to respond to a breach by you or other parties shall not in any way
waive our right to enforce subsequently any term or condition of this Agreement or to act with respect to similar breaches.
General
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law then such provision shall be enforced to the maximum
extent possible and the remainder of the Agreement shall continue in full force and effect. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Unless otherwise specified herein, this Agreement constitutes the entire agreement between
you and HOUSBY with respect to Member Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or
written, between you and HOUSBY with respect to Member Services.
The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Iowa, and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Iowa and that in the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree that the exclusive and continuing venue for any such action will be in the Court of Polk County, Iowa.
