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Terms of Use

Web Site Terms and Conditions of Usage

Welcome to SwapYourHouse.com!

We have developed these Terms and Conditions to govern your use of SwapYourHouse.com. Your use of our site tells us you have read and agreed to these Terms and Conditions. Please read this document carefully. If you do not agree with any of these terms, please exit SwapYourHouse.com

IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your (the "User" or "You") use of the SwapYourHouse.com Web Site (the "Web Site") provided by SwapYourHouse, LLC (the "Company"). This is a legal agreement between you and the company that states the material terms and conditions that govern your use of the swapyourhouse.com web site. these terms and conditions apply to all users of this web site.

These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly. These Terms and Conditions were last updated: february 25, 2007

1.0 General Description

1.1 Definition of the SwapYourHouse Service. The Company is the creator and provider of a service (the "SwapYourHouse Service") that provides You with certain information, features and functions that assist homeowners in buying and selling their own homes with other homeowners. While certain parts of the SwapYourHouse Services are free, others require You to register and/or subscribe to the SwapYourHouse Services. For certain business partners and sponsors, the SwapYourHouse Service also includes the advertising and offer for sale of partner/sponsors products and services. The SwapYourHouse Services means www.swapyourhouse.com (the "Web Site") and all software, services and material provided on and/or related to the Web Site inclusive of those services that are generally available, require registration, and/or require a Subscription. The terms of this Agreement apply to You regardless of what SwapYourHouse Services You use.

1.2 Purpose of the SwapYourHouse Service. The purpose of the SwapYourHouse Service is solely to assist homeowners in buying and selling their own homes with other homeowners. We consider such use of the SwapYourHouse Service to be a personal use, in contrast to a commercial use. We define commercial use to mean use for the purpose of advancing business interests. User may not use the SwapYourHouse Service for any commercial purpose whatsoever, including without limitation as a lead generation source for Your business. This means that You may not use the SwapYourHouse Service to do any of the following: collect, harvest, or store personal data about other users including email addresses, or contact Sellers for any purpose other than responding to content posted by such Sellers.

1.3 We Do Not Provide Real Estate Services to You. The Company and its affiliates do not engage in real estate broker services on Your behalf. The terms of any agreement between a real estate broker/agent and You are not endorsed, recommended, or otherwise known to or by the Company or its affiliates.

1.4 Communications with Third Parties through the Web Site and Links to Third-Party Web Sites. Your dealings or communications through the Web Site with any party other than the Company are solely between You and that third party. For example, certain areas of the Web Site may allow You to conduct transactions with third parties or purchase goods or services from third parties. With respect to such material, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or Web sites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Web sites, or for any other materials, products or services of third parties. Links to other Web sites are provided solely as a convenience to You. Under no circumstances will the Company be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure You are comfortable with them before You engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

1.5 Requirements for Use of the SwapYourHouse Service. The SwapYourHouse Service is for individuals over 18 years of age who can form legally binding contracts under applicable law. If You do not meet the foregoing or other applicable requirements, You may not use the SwapYourHouse Service. To access and use the SwapYourHouse Services You must have equipment necessary to access the Internet, including a computer and modem or other access devices, and must have access to the Internet (e.g., through an Internet Service Provider).

1.6 Registration. In order to use certain parts of the SwapYourHouse Services You may be asked to provide the Company with true, accurate, current and complete registration information and to update such information as necessary. Should the Company have reasonable grounds to suspect that Your information is inaccurate, incomplete or untrue, it shall have the right to suspend or terminate Your right to use any and all aspects of the SwapYourHouse Services. You agree that we may store and use Your registration data (including credit card information) for use in maintaining Your accounts and billing fees to Your credit card.

1.7 Security. Upon registering You will create a SwapYourHouse Account with an assigned username and password that You will need to access certain features of the SwapYourHouse Services. You are responsible for maintaining the confidentiality of Your username and password and are fully responsible for all activities that occur on the SwapYourHouse Site under Your SwapYourHouse Account. You agree to immediately notify the Company of any unauthorized use of Your username or password or SwapYourHouse Accounts, or any other breach of security, and to ensure that You logout at the end of each SwapYourHouse Service session. The Company will not be liable for any loss or damage arising from Your failure to comply with this Section.

1.8 Cracking and Hacking. You shall not violate or attempt to violate the security of the SwapYourHouse Service. Accordingly, You shall not: (i) access data or materials not intended for You; (ii) log into a server or account which You are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is Your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to Your computer via the Homefree Service.

2.0 Privacy.

The Companys Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement.

3.0 Grants of Licenses

3.1 Site Access License. User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal educational, informational, and entertainment use. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to, (i) Co-brand the Web Site or portion thereof, or (ii) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion of another web site). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the "Content"). User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease. This license does not include any resale or commercial use of the Web Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Web Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.

3.2 Patches and Updates. The Company may deploy or provide patches, updates and modifications to the SwapYourHouse Services at any time. The Company may update the SwapYourHouse Services remotely, without knowledge or consent of the user, and You hereby grant to the Company Your consent to deploy and apply such patches, updates and modifications to the SwapYourHouse Services.

3.3 User-Provided Information and Content. Information posted on forums, bulletin boards, listings, or similar portions of the Web Site is supplied by third parties and other Users unless the Company or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other User are those of the respective author(s) and not of the Company.

By providing information to, communicating with, and/or placing material on the Web Site, including for example communication during registration, communication on any SwapYourHouse.com bulletin board, message or chat area, posting any listing or other content (including without limitation written, graphical or video content), placing any classified advertisement, entering any sweepstakes, etc., You represent and warrant: (1) You own or otherwise have all necessary rights to the content You provide and the rights to use it as provided in these Terms and Conditions; (2) all information You provide is true, accurate, current and complete, and does not violate these Terms and Conditions; (3) the content will not cause injury to any person or entity; and (4) if You post a property listing that You are the owner of the property and have all necessary rights, title, and interests in such property to list the property. Using a name other than Your own legal name is prohibited (except in those specific areas of SwapYourHouse.com that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).

For all such information and material, you grant the Company, its affiliates and related entities, as well as all third-party affiliates and partners of the Company, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, adapt, publish, display, archive, store, distribute, translate, reproduce and create derivative works from such information and material, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information and material across all Company affiliated Web sites, to include the information in a searchable format accessible by users of SwapYourHouse.com and other SwapYourHouse.com Web sites, as well as third-party Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant SwapYourHouse.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

Please note SwapYourHouse.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SwapYourHouse.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against SwapYourHouse.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

3.4 Public Area Provisions. The SwapYourHouse Service may have features that allow You to exchange messages with other users or post information that other users can view ("Public Areas"). The Company cannot and does not monitor all of the material posted or transmitted by users and third party information providers. The Company may, but is not obliged to, restrict Your use of messaging, monitor any activity or edit or remove content in Public Areas, or restrict access by other members to Your messages. The Company takes no responsibility and assumes no liability for any content, materials, messages and the like that You or any other user posts to or views in a Public Area or sends to or receives from another user over email or an instant messenger system. You agree to indemnify and hold harmless the Company, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for, from and against all claims resulting from content, messages, materials and the like that You post to any Public Area, including by sending via e-mail.

3.5 General License Restrictions/Prohibitions. You may not post any properties on the Web Site for which you are not either the current owner with all necessary rights, title, and interests in such property to list the property or have the express right to market the property from the current owner with all necessary rights, title, and interests in such property to list the property. You may not use the SwapYourHouse Services to transmit, display, perform or otherwise make available any messages, content or materials that: (i) are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the SwapYourHouse Services or any networks connected to or by the SwapYourHouse Services. In addition, You may not use a false email address or otherwise mislead other members as to Your identity or to the origin of a message or content. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that You upload, post, transmit, display or otherwise make available through Your use of the SwapYourHouse Services is solely Your responsibility. In connection with Your use of the SwapYourHouse Service, You also agree not to: interfere with any other party's use and enjoyment of the SwapYourHouse Services in any manner; impersonate any person or entity or misrepresent Your affiliation with a person or entity whose content appears on the SwapYourHouse Site; or, except as explicitly permitted by the SwapYourHouse Service, use the SwapYourHouse Services to upload, post, transmit or otherwise disseminate materials, articles, or other data.

3.6 Requests to use Content for any purpose other than as permitted in these Terms and Conditions should be directed to support@swapyourhouse.com or SwayYourHouse; 3434 W. Anthem Way; Suite #118-619; Anthem, AZ, 85086.

4.0 swapyourhouse Subscription Plans; Payment.

4.1 Free Registered Services. In addition to the SwapYourHouse Services that are generally available, anyone who registers as a user on the Web Site will qualify for certain free services. Registered users will have access to search and browse all properties posted on the Web Site and may access information on the price range, square footage, number of bedrooms, and general location of all properties, as well as access one property image for each property. Registered users may post properties to the Web Site. Posted properties will automatically qualify, at no charge, for Bronze Status. For each Bronze Status property, registered users may, at no charge, post general information and one image. Upon posting of a Bronze Status property, registered users will receive a SwapYourHouse mailbox for that property and authorized users will be able to send messages concerning the property to that mailbox. Registered users who do not have posted at least one Silver Status or Gold Status property are not authorized to read and send messages to SwapYourHouse mailboxes. Registered users who are not authorized to read or send messages will be able to determine under the My Account section of the Web Site if they have received messages in the mailboxes of their Bronze Status properties.

4.2 Subscriptions. In addition to the SwapYourHouse Services that are generally available and available to those who register, the Company offers certain additional services and/or materials that are only available to those who subscribe (the "Subscription Services"). Some of the Subscription Services may require payment, as described below. When You purchase a Subscription for the Subscription Services, You agree to pay to the Company the Subscription Fee specified at the time the Subscription is ordered. By completing the Subscription Services Order Form, You authorize the Company to charge the Subscription Fee to Your designated credit card. You will be billed at the time of Your Subscription. Your Subscription will be for the term specified at the time Your Subscription order is confirmed.

4.3 Automatic Renewal. All subscriptions, except as specified otherwise below, will automatically renew for the same level of service and for the same term of service as Your current subscription. If You do not want Your Subscription to automatically renew for the same level of service and for the same term of service as your current subscription, You may indicate this at anytime, within Your my Account area on the Web Site. Through Your My Account Area on the Web Site, You may choose to entirely opt out of automatic renewal or to revert to a lower level of Subscription Service upon expiration of your existing subscription. If You choose to revert to a lower level of Subscription Service, You may be provided an opportunity to designate certain information and images to be saved for use after Your existing Subscription Service reverts to a lower level. If You fail to designate any information or images to be saved, all property-posting-related information you submitted to the Web Site, including but not limited to all images, custom descriptions, and custom features, will be permanently deleted.

IF YOU DO NOT entirely OPT OUT OF AUTOMATIC RENEWAL, seven (7) days before your subscription expires, written notice informing you that, unless You cancel, your subscription will be automatically renewed AND PROVIDING INFORMATION ON HOW TO CANCEL will be sent to THE E-MAIL ADDRESS YOU SPECIFIED IN YOUR SWAPYOURHOUSE MEMBERSHIP SUBMISSION. IF YOU DO NOT DECLINE AUTOMATIC RENEWAL OR CANCEL BY THREE DAYS BEFORE Your Subscription expires, the Company will automatically bill You for Your renewal, using the credit card information that You last provided to us. SHOULD YOU HAVE ANY QUESTIONS ABOUT THIS AUTOMATIC RENEWAL PROVISION AND CANCELLATION PROCEDURES, PLEASE CONTACT THE COMPANY AT either support@swapyourhouse.com or 3434 W. Anthem Way, Suite #118-619, Anthem, AZ 85086.

4.4 Customer Responsibilities for Subscription Services.

4.4.1 Silver Subscription Service. If You register a property for Silver Subscription Service, you will be responsible for paying a 30-day subscription fee of $29.95 per each 30-day term. If You choose the Silver Subscription Service for a property, Your credit card will be automatically billed every 30 days, from the date You first subscribed until You cancel service for that property. Payments shall be made by automatic credit card debit. If You post more than one property, Silver Subscription Services must be purchased for each property individually.

If You purchase Silver Subscription Service for a property, that property will be designated on the Web Site as having Silver Status for the term of your Silver Subscription Service. For each Silver Status property, registered users may post general and extended information, as well as post up to six (6) images. For each Silver Status property, registered users are authorized only to read messages in that Silver Status propertys mailboxes. Registered Users with at least one Silver Status property are authorized to send messages to all SwapYourHouse mailboxes.

4.4.2 Gold Subscription Service. If You register a property for Gold Subscription Service, You will be responsible for paying a 30-day subscription fees of $39.95 per each 30-day term. If You choose the Gold Subscription Service for a property, Your credit card will be automatically billed every 30 days, from the date You first subscribed until You cancel service. Payments shall be made by automatic credit card debit. If you post more than one property, Gold Subscription Services must be purchased for each property individually.

If You purchase Gold Subscription Service for a property, that property will be designated on the Web Site as having Gold Status for the term of your Gold Subscription Service. For each Gold Status property, registered users may post general and extended information, as well as up to twenty (10) images. Gold Status property postings may also be customized by including special features, such as background color. For each Gold Status property, registered users are authorized only to read messages in that Gold Status propertys mailboxes. Registered users with at least one Gold Status property are authorized to send messages to all SwapYourHouse mailboxes.

4.4.3 Platinum Subscription Service. Registered users may purchase Platinum Subscription Service. If You register for the Platinum Subscription Service, You will be responsible for (i) paying non-refundable, Platinum Member administrative fees of $25.00 and (ii) submitting, through the procedures provided on the Web Site, a letter dated within seven (7) calendar days from the day you register for the Platinum Subscription Service from a licensed mortgage broker or a banking institution confirming that You have been credit pre-approved by that licensed mortgage broker or a banking institution (the "Pre-Qualification"). Your Pre-Qualification must include the contact information for Your licensed mortgage broker or banking institution.

As soon as reasonably possible after receiving Your Pre-Qualification, the Company will update Your Account to reflect Your Platinum Status. Platinum Status will be indicated on all properties You post, whether those properties are also Bronze, Silver, or Gold Status. If You fail to submit a Pre-Qualification, You have failed to qualify for Platinum status and Your Account will not be updated. The Company does not guarantee that You will qualify for Platinum Member status and will not refund administrative fees if You should fail to qualify.

The Platinum Subscription Service Term is the lesser of either 120 calendar days from the date you registered for Platinum Subscription Service or the duration of Your status as a registered user. The expiration or cancellation of Your Platinum Subscription Service will have no effect on any of Your properties Bronze, Silver, or Gold Status.

The Platinum Subscription Service does not automatically reneW and you cannot renew platinum subscription services. If you desire to receive Platinum Subscription Services for longer than 120 calendar days, You must reapply for Platinum Subscription Service by following the procedures for purchasing Platinum Subscription Service on the Web Site, including (i) paying non-refundable, Platinum Member administrative fees of $25.00 and (ii) submitting, through the procedures provided on the Web Site, an updated Pre-Qualification.

The Company does not guarantee the authenticity of Pre-Qualifications. By submitting Your Pre-Qualification to the Company, You represent and warrant that (1) You own or otherwise have all necessary rights to disclose the Pre-Qualification to the Company; (2) all information within and used to obtain the Pre-Qualification is true, accurate, current and complete; and (3) the Pre-Qualification is authentic and does not violated these Terms and Conditions. You acknowledge and agree that by submitting Your Pre-Qualification to the Company, that Pre-Qualification is subject to the same terms and conditions as any other user-provided information and content you submit to the Web site.

4.5 Images. If You submit images for posting on the Web Site, You acknowledge and agree that the Company may modify the file format and size before posting on the Web Site to conform with Company format and size standards.

4.6 Promotional Codes. If You have received a valid promotional code or gift certificate for the SwapYourHouse Service, You should follow the instructions that accompany the offer. Once You properly input a valid promotional offer, Your account should be credited for the applicable amount and type of Subscription Services. Promotional offers and gift certificates are subject to any expiration dates that may be included with the offer and are not redeemable for cash (and any unused portion may not be returned for cash or any other value).

4.7 Subscription Cancellation. Except for Platinum Subscription Services, You can cancel Your subscription(s) at anytime by delivering notice to the Company through using the on-line cancellation process provided on Your My Account Section of the Web Site or sending an email to customer support at support@swapyourhouse.com containing information unique to you, including your Account Information. Upon receiving Your cancellation notice, the Company will reasonably attempt to return a cancellation confirmation to the email address you specified in your SwapYourHouse membership submission. You should retain this confirmation as a record of Your cancellation. If You cancel Your subscription, the Company will not refund any portion of Your Subscription Fees. Cancellation will take effect immediately upon the Company sending You a cancellation confirmation email. If You do not receive a cancellation confirmation email, then Your subscription has not been cancelled. Contact us by sending an email to customer support at support@swapyourhouse.com containing information unique to you, including your Account Information.

Immediately upon expiration, termination, or cancellation OF BRONZE, SILVER OR GOLD SUBSCRIPTION SERVICES, all property-posting-related information you submitted to the Web Site, including but not limited to all images, custom descriptions, and custom features, will be permanently deleted.

if you have purchased platinum subscription services, you cannot cancel the service except by cancelling your registration.

IF YOUR REGISTRATION WITH THE WEBSITE IS TERMINATED OR CANCELLED, ALL SUBSCRIPTION SERVICES YOU ARE RECEIVING WILL ALSO BE TERMINATED OR CANCELLED.

4.8 Right to Change Prices. Prices for Subscriptions and other products and services are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the Web Site or the SwapYourHouse Service. A change in price shall not affect a pre-purchased Subscription.

4.9 Agreement to Pay. You agree that You will pay timely, and that we may charge Your credit card for any SwapYourHouse content, Subscription Fees, and for any other products or services purchased from the Web Site (including any taxes and late fees, as applicable), as may be accrued by Your Account(s) (collectively, "SwapYourHouse Fees"). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SWAPYOURHOUSE FEES AND FOR PROVIDING THE COMPANY WITH A VALID CREDIT CARD FOR PAYMENT OF ALL SWAPYOURHOUSE FEES. All SwapYourHouse Fees will be billed to the credit card You designated during the registration process. If You want to designate a different credit card or there is a change in Your credit card status, You must change Your credit card information online at Your My Account Section of the Web Site or by contacting Customer Service at support@swapyourhouse.com. You agree that the Company may use all legal means available to collect SwapYourHouse Fees should our attempts to charge Your credit card on record fail for any reason.

4.10 Transactions on the Web Site. To serve You most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If You are concerned about online credit card safety, please contact Customer Service at support@swapyourhouse.com, in most cases a telephone number will be made available so You can call us and place Your order by phone. The Company cannot take responsibility for the success or security of transactions undertaken or processed by third parties.

On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, You agree the Company is not responsible for such errors or discrepancies.

4.11 Electronic Signatures and Contracts. Your use of the SwapYourHouse Service includes the ability to enter into agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE. YOU CONSENT TO THE COMPANY PROVIDING YOU ANY INFORMATION THAT THE COMPANY IS REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER TRANSACTIONS ("REQUIRED INFORMATION") IN ELECTRONIC FORM. THE COMPANY MAY PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED IN YOUR SWAPYOURHOUSE MEMBERSHIP SUBMISSION, (2) BY ACCESS TO A SWAPYOURHOUSE WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO A SWAPYOURHOUSE WEBSITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. YOU MAY REQUEST A PAPER COPY OF ANY REQUIRED INFORMATION. YOU MAY REQUEST PAPER COPIES, WITHDRAW YOUR CONSENT, OR UPDATE YOUR E-MAIL ADDRESS BY FOLLOWING THE INSTRUCTIONS AT THE MY ACCOUNT" SECTION OF THE WEB SITE. IN ORDER FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE FOLLOWING HARDWARE AND SOFTWARE: A COMPUTER CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF ACCESSING THE INTERNET, AND A BROWSER CAPABLE OF ACCESSING AND DISPLAYING WEB PAGES. YOUR CONSENT TO ELECTRONIC AGREEMENTS SET FORTH ABOVE IS NECESSARY FOR USE OF THE SWAPYOURHOUSE SERVICE. YOU MAY WITHDRAW CONSENT BY SENDING AN E-MAIL TO CUSTOMER SUPPORT AT support@swapyourhouse.com CONTAINING INFORMATION UNIQUE TO YOU INCLUDING YOUR ACCOUNT INFORMATION; HOWEVER, THIS WILL RESULT IN A TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE SWAPYOURHOUSE SERVICE.

5.0 Availability of SWAPYOURHOUSE Service.

5.1 In General. We will exercise reasonable efforts to provide the SwapYourHouse Service in a timely manner. On occasion, technical or partner problems may delay, prevent delivery, or cause the loss of information posted concerning properties, including but not limited to Your images and virtual tours. Your exclusive and sole remedy with respect to SwapYourHouse Service that is not delivered within a reasonable period and/or information losses will be a pro rata extension of the applicable Subscription period. The Company recommends that You store backups of all information You post concerning properties.

5.2 Removal of Content. Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any SwapYourHouse content or other materials comprising a part of the SwapYourHouse Service that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such SwapYourHouse content or materials under this Agreement.

6.0 Intellectual Property

6.1 Intellectual Property Rights. All information, content, services and software displayed on, transmitted through, or used in connection with this Web Site, including for example home listings, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by the Company, and its affiliated companies, licensors (including You) and suppliers. You agree that You will not (except as expressly authorized herein): (i) reproduce, republish, display, frame, download, distribute, or transmit the Content and/or the SwapYourHouse Services; (ii) modify or create any derivative works based on the Content and/or SwapYourHouse Services, including customization, translation, or localization; (iii) copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any JavaScript or HTML files, or parts thereof, included in the SwapYourHouse Services; (iv) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the SwapYourHouse Services, or the underlying ideas or algorithms of the SwapYourHouse Services (e.g. in an effort to develop other applications or services that provide similar or substitute functionality to such SwapYourHouse Services); (v) attempt to gain unauthorized access to any SwapYourHouse service, account, computer system or network associated with the SwapYourHouse Services; (vi) use the SwapYourHouse Services in any way that violates this Agreement or any law; (vii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the SwapYourHouse Services. The SwapYourHouse Services operate under patent pending technology and under copyright. You are granted no right or license with respect to use of this technology outside the terms of Your membership. Unauthorized use is strictly prohibited.

Accordingly, User will not reproduce, transmit, publish or distribute Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of the Content solely for Users personal use. In doing so, User will not remove or alter, or cause to be removed are altered, any copyright, trademark, trade name, service mark or any other proprietary notice or legend appearing on any of the Content.

If you operate a Web site and wish to link to SwapYourHouse.com, You may do so provided You agree to immediately cease such link upon request from SwapYourHouse.com. The permitted linking described in this Paragraph is contingent on Your compliance at all times with these Terms and Conditions.

THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS AND SWAPYOURHOUSE SOFTWARE ON OR IN CONNECTION WITH THE SWAPYOURHOUSE SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE WEB SITE OR ANY OF THE PAGES OF THE WEB SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO THE SWAPYOURHOUSE SERVICE MATERIALS. REPRODUCTION OR USE OF THE SWAPYOURHOUSE SERVICE MATERIALS IN A MANNER OTHER THAN AS SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

6.2 Digital Millennium Copyright Act. We respect the intellectual property of others. If You believe that Your copyrighted materials have been copied in a way that constitutes copyright infringement or are aware of any content placed on the Web Site by any third party without authorization from the owner of the copyright in that content, please contact us at Copyright Agent; Starkweather and Associates; Advantia Law Group; Attn: Jason Webb; 9035 South 1300 East; Suite 200; Sandy, UT 84094; email: Jason@advantialaw.com.

6.3 Trademarks. SwapYourHouse.com and other Company trademarks, service marks, graphics and logos used in connection with the SwapYourHouse Service are trademarks or registered trademarks of SwapYourHouse, LLC in the U.S. and/or other countries. Other trademarks, service marks, graphics and logos used in connection with the SwapYourHouse Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforedescribed trademarks or service marks and any unauthorized use is strictly prohibited.

7.0 Termination.

7.1 Termination By Company. If You fail, or we suspect that You have failed, to comply with this Agreement, including but not limited to failure to make payment of SwapYourHouse Fees due, failure to provide SwapYourHouse with a valid credit card or with accurate and complete Registration Data, failure to safeguard Your SwapYourHouse Account information and password, or violation of any license granted hereunder, the Company, at its sole discretion, may: (A) terminate Your SwapYourHouse Account and You will remain liable for all amounts due under Your SwapYourHouse Account up to and including the date of termination; and/or (B) preclude access to the SwapYourHouse Service (or any part thereof). We will notify You if we take any of the foregoing actions.

7.2 Termination of the Service. We reserve the right to modify, suspend or discontinue the SwapYourHouse Service (or any part thereof) or any SwapYourHouse content (or any part thereof) at any time with or without notice to You, and we will not be liable to You or to any third party should we exercise such rights.

8.0 General Compliance with Laws; INTERNATIONAL USERS.

The SwapYourHouse Service is controlled and operated by us from our offices within the United States. The Company makes no representation that materials or Content available through the Web Site is appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You agree to comply with all local, state, federal, national and international laws, statutes, ordinances and regulations that apply to Your use of the SwapYourHouse Service. If You access the Web Site from a location outside the United States, You are responsible for compliance with all applicable laws.

9.0 Warranty and Liability Provisions

9.1 Limited Express Warranty. Except as expressly provided herein, the SwapYourHouse Service is provided "AS IS" and "AS AVAILABLE". NO COMPANY EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED IN THIS PARAGRAPH.

9.2 Limitation on Liability. IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE HOMEFREE SERVICE. IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR SWAPYOURHOUSE ACCOUNTS, OR ARISING OUT OF ITS GOOD FAITH REMOVAL OR DISABLING OF ANY SWAPYOURHOUSE CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SWAPYOURHOUSE CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH THE SWAPYOURHOUSE SERVICE. WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR INABILITY TO USE SWAPYOURHOUSE ACCOUNT(S), COMPANY SWAPYOURHOUSE CONTENT OR THE SWAPYOURHOUSE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE SWAPYOURHOUSE SERVICE (OR ANY PART THEREOF) IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR CONTENT GIVING RISE TO THE DAMAGE, OR (B) TWO HUNDRED FIFTY DOLLARS (US$250). Some states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusion thereof may not apply to You. This Agreement gives You specific legal rights, and You may also have other rights that vary from state to state.

9.3 Indemnity. You agree to indemnify and hold harmless the Company, its affiliates, subsidiaries, shareholders, officers and directors from any third party claim or demand, including reasonable attorneys' fees for damages and/or costs due to or arising out of Your breach of this Agreement and/or Your use of the SwapYourHouse Service, and/or the SwapYourHouse content.

10.0 Governing Law.

This Agreement will be exclusively governed by the laws of the State of Arizona without regard to its principles on the conflicts of laws. You hereby agree that any cause of action You may have with respect to the Company must be filed in a federal or state court located in Arizona.

11.0 Amendments to Agreement.

The Company reserves the right, in its sole discretion, to update, supplement or modify this Agreement at any time and will post a copy of the amended Agreement at www.SwapYourHouse.com. A copy of this Agreement may be downloaded, stored or printed. Your continued use of the SwapYourHouse Services following the posting of any changes to this Agreement constitutes acceptance of those changes. If You do not agree to or cannot comply with the Agreement as amended, Your only remedy is to stop using the SwapYourHouse Services and, if applicable, cancel Your Subscription.

12.0 Support; Feedback.

If You have any questions or concerns about the SwapYourHouse Services and Web Site, contact us at support@swapyourhouse.com.

13.0 Miscellaneous.

This Agreement constitutes the entire agreement between You and the Company, and supersedes any prior agreements between You and the Company, written or oral, with respect to the subject matter herein. In the event of a conflict between the terms of this Agreement and the Privacy Policy, the Digital Millennium Copyright Notice, or the terms and conditions of a particular marketing promotion or offer from the Web Site, the more particular document will control. The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control. Headings are for convenience only and will not be used to alter the meaning of any provision. You shall not bring a legal action under this Agreement more than two (2) years after the cause of action arose. All notices and demands required to be given to the Company hereunder shall be in writing and shall be served by personal service, nationally recognized overnight courier service or by certified mail, and shall be effective on the date received as evidenced by proof of receipt, if delivered to SwapYourHouse, LLC, 3434 W. Anthem Way, Suite #118-619, Anthem, AZ 85086.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY

Consistent with the Digital Millennium Copyright Act, if You believe that Your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that You claim has been infringed;

A description of where the material that You claim is infringing is located on the Homefree Site;

Your address, telephone number, and email address;

A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated agent for notice for claims of copyright infringement is our Legal Counsel, Jason Webb, at Starkweather and Associates who can be reached as follows:

By mail: Starkweather and Associates; Advantia Law Group; Attn: Jason Webb; 9035 South 1300 East; Suite 200; Sandy, UT 84094

By phone: 801-272-8368

By fax: 801-748-1030

By email: Jason@advantialaw.com