Welcome to the HouseMaster® Blog ("Blog"). Before you may use this Blog, you must read and agree to these terms and conditions of use ("Terms of Use"), which contains a Content Policy, and incorporates a
Privacy Policy, including any future amendments (collectively, the "Agreement"). Please be advised that these Terms of Use and related policies may be modified or revised at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Blog. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- Description of Service. This Blog is hosted by DBR Franchising, LLC ("DBR"), the franchisor for the HouseMaster Franchise System. This Blog is a free service, which is designed to increase the availability of information and to facilitate new connections and communication on a variety of issues related to the real estate and the inspection industries as deemed of interest in DBR's sole discretion ("Service"). You will be responsible for all activities occurring under your username and for keeping your password secure. DBR disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. DBR also reserves the right to modify, suspend or discontinue the Service and your use of it, with or without notice any time and without any liability to you. The use of this Service by you is a privilege and not a right. Anyone, including DBR personnel and HouseMaster franchisees may lose their access to use this Blog if there is a violation of this Agreement. You must be at least eighteen (18) years of age to use the Service. DBR reserves the right to refuse access to the Service to anyone at any time without notice for any reason.
- Proper Use. You agree that you alone are fully responsible for your own use of the Service, for any posts that you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. Violation of any of the Terms of Use, Content Policy or Privacy Policy, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. DBR reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
THE BLOG - INCLUDING THE CONTENTS OF SPECIFIC POSTINGS - IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON OR PEOPLE WHO MADE SUCH POSTINGS. DBR HAS THE RIGHT, BUT SHALL HAVE NO OBLIGATION, TO MONITOR THE CONTENT OF THE BLOG AND TAKES NO RESPONSIBILITY FOR SUCH CONTENT. INSTEAD, DBR MERELY PROVIDES FREE ACCESS TO SUCH CONTENT FOR THOSE INDIVIDUALS OR BUSINESSES INTERESTED IN PARTICIPATING.
WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING THE BLOG AND SERVICE. DBR DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED INCLUDING, BUT NOT LIMITED TO, THOSE BY ITS EMPLOYEES, AGENTS, OFFICERS, AND FRANCHISEES. NOR DOES IT ENDORSE ANY OPINIONS EXPRESSED. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED VIA THE SERVICE WILL BE AT YOUR OWN RISK SINCE ADVICE, RECOMMENDATION OR SUGGESTION IS NECESSARILY LIMITED IN SCOPE TO THE EXTENT THAT IT MAY NOT CONSIDER LOCAL CUSTOMS, BUSINESS PRACTICES, SITE CONDITIONS, LAW OR OTHER NUANCES.
- Privacy. As a condition of using the Service, you agree to the terms and conditions of the
Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that DBR may access or disclose your personal information, including the content of your communications, if DBR is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the general
Privacy Policy. Personal information collected by DBR may be stored and processed in the United States or any other country in which DBR or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
- General Practices Regarding Use and Storage. You agree that DBR has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Service. DBR retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
- Content Policy. The Blog is a free service for communication, self-expression and free speech that is designed to increase the availability of information and to facilitate new connections and communication on a variety of issues related to the real estate and the inspection industries. We respect each user's ownership of and responsibility for the content they choose to share. It is our belief that censoring this content is contrary to a service that bases itself on freedom of expression. Notwithstanding, to uphold these values, we intend to curb abuses that threaten our ability to provide this Service and the freedom of expression it encourages. As a result, there are certain boundaries on the type of content that can be posted on the Blog. Failure to comply with this Content Policy will cause your access to the Service to be terminated and/or you may be reported to appropriate authorities.
- Guidelines:
- Professional Purposes. This Blog is for professional purposes only and is not intended for personal use. The subject matter of any post should primarily relate to the real estate and inspection industries and/or related HouseMaster business issues.
- Respect other Users. You may express yourself, but do not injure, harm or offend others. Before you post a message, please stop and read through it. Think about whether it will embarrass, humiliate or harass another person or group of people. Personal attacks are not acceptable behavior. Users are expected to exercise professionalism, respect, common sense and courtesy in all posts.
- No Solicitations. Posts designed primarily to advertise or promote third party solicitations, commercial or product/service promotional messages or organizations, directly or indirectly, are not permitted, and will be removed promptly.
- Prohibitions:
- Pornography and Obscenity: Users may not publish any written material, image or video content that contains or promotes nudity, sexually graphic material, or material that is otherwise deemed offensive as determined by DBR sole's discretion.
- Hateful Content: User may not publish material that promotes hate toward groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation/gender identity or any other group classification. Under no circumstances shall any comment malign any religion, ethnic group, club, organization, company, individual, or otherwise.
- Violent Content: Users may not publish direct or indirect threats of violence any person or group of people.
- Private and Confidential Information: Users are prohibited from publishing people's private and confidential information, which shall include, but not be limited to, credit card numbers, Social Security numbers, and driver's license numbers. You are also prohibited from disclosing proprietary and confidential information pertaining to the HouseMaster Franchise System. If you have any question or are unsure as to whether something is confidential and proprietary, contact DBR before posting.
- Intellectual Property/Copyright: Do not upload or distribute files subject to trademark, copyright, or other proprietary rights except with the express consent of the owner of the rights. It is our policy to respond to clear notices of alleged copyright infringement. Any such allegation will cause the alleged infringing material to be immediately removed. This removal is not intended to validate any claims of infringement but merely to avoid any potential consequences related thereto. DBR shall not be held responsible for posted information that may violate copyright or any other intellectual property law.
- Impersonation: Users are prohibited from impersonating of others in any manner whatsoever, which shall include any representations that are intended to or does mislead or confuse others.
- Unlawful Use of Services: Users are prohibited from using the Service for unlawful purposes or for the promotion of dangerous and illegal activities.
- Spam, Malicious Codes and Viruses: Users are prohibited from spamming or transmitting malware and viruses.
- Removal of Content. DBR takes no responsibility for any specific content (including, without limitation, any viruses or other disabling features), nor does DBR have any obligation to monitor such content. DBR reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. DBR also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of DBR, its users and the public. DBR will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
- DISCLAIMER OF CONTENT. IN ACCORDANCE WITH THE ABOVE CONTENT POLICY AND THIS AGREEMENT IN ITS ENTIRETY, PLEASE BE ADVISED THAT THE VIEWS, OPINIONS, INFORMATION OR OTHER CONTENT EXPRESSED IN ANY BLOG OR POSTED COMMENT ARE OF THE RESPECTIVE COMMENTATOR/VISITOR AND DO NOT IN ANYWAY REPRESENT THE VIEWS OF THE SITE SPONSOR, OTHER SITES AFFILIATED WITH THIS SITE, DBR FRANCHISING, LLC OR THE HOUSEMASTER FRANCHISE SYSTEM. UNDER NO CIRCUMSTANCES ARE ANY COMMENTS INTENDED TO MALIGN ANY RELIGION, ETHNIC GROUP, CLUB, ORGANIZATION, COMPANY, INDIVIDUAL, OR OTHERWISE. ANY ADVICE, SUGGESTION OR RECOMMENDATION SHALL BE USED AT YOUR OWN RISK AS EACH POST/COMMENT IS NECESSARILY LIMITED IN SCOPE TO THE EXTENT THAT IT MAY NOT CONSIDER LOCAL CUSTOM, BUSINESS PRACTICE, LAW OR OTHER NUANCE. THE COMMENTATOR, THE SPONSOR OF THE SITE, AND ANY OTHER INDIVIDUAL WHO POSTS COMMENTS DISCLAIM ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, VALIDITY, RELIABILITY OR COMPLETENESS OF THE INFORMATION PROVIDED OR THE RESULT OF THE USE OF THE INFORMATION PROVIDED.
- Intellectual Property Rights.
- DBR's Intellectual Property Rights. You acknowledge that DBR owns all right, title and interest in and to the Service, including all intellectual property rights related to the Service and the HouseMaster Franchise System (the "DBR Rights"). DBR Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, DBR Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service. Any content deemed by DBR in its sole discretion to violate DBR Rights including any confidential and proprietary information will be removed.
- Your Intellectual Property Rights. DBR claims no ownership or control over any content submitted, posted or displayed by you on or through DBR services to the extent it is not confidential or proprietary to the HouseMaster Franchise System. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through DBR Service and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through the Service which is intended to be available to the members of the public, you grant DBR a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content on the Service for the purpose of displaying and distributing the Service as well as for other commercial, business, promotional, educational and informational purposes consistent with DBR’s business. DBR furthermore reserves the right to refuse to accept, post, display or transmit any content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.
- No Resale of the Service. Unless expressly authorized in writing by DBR, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
- Publicity. Any use of DBR's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") by any franchisee must be in compliance with this Agreement and in compliance with DBR's current licensing guidelines. No third party is entitled to use any Brand Features for any purpose whatsoever.
- Representations and Warranties. You represent and warrant that (a) all of the information provided by you to DBR to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
- Termination; Suspension. DBR may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. All provisions of this Terms of Use and Content Policy that by their nature survive termination shall remain fully in effect.
- Indemnification. You agree to hold harmless and indemnify DBR, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, DBR will provide you with written notice of such claim, suit or action.
- Entire Agreement. This Agreement constitutes the entire agreement between you and DBR and governs your use of the Service, superseding any prior agreements between you and DBR.
- Waiver and Severability of Terms. The failure of DBR to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of DBR services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Somerset County, New Jersey, and you consent to the jurisdiction of such courts.