Homes on Mobiles Phones Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE" or "TERMS") CAREFULLY BEFORE USING THIS SITE. THIS IS AN AGREEMENT AND A BINDING CONTRACT. The Homes On Mobile Phones web site, mobile web site and product is intended for Real Estate Agents, home sellers and home buyers. By uploading property listings to our service, these listings become available on mobile phones, through the mobile web, and are accessed via SMS messages. Consumers/home buyers are not charged to view Homes On Mobile Real Estate properties. Standard message and data rates apply to consumers who do not have a text messaging or data plan.

Terms of Use and Copyright

By using the Homesonemobilephones.com ("the Site"), you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the Site. The reference to "you" means anyone who makes a purchase from Homesonemobilephones.com. This Site is owned and operated by Airborne Mobile Inc. ("Airborne"), and we reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time without notice. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms will mean that you accept all such changes. All images and content on this Site are the property of their respective owners and are used with permission by Airborne. The copyrights, trademarks and service marks ("Marks") displayed on this Site are the property of their respective owners and you are not permitted to use the Marks without the express written consent of Airborne or their respective owners. Unauthorized use of the name and Marks or any of the images or content on this Site will result in appropriate legal action. Regular text messaging fees may apply. NO WARRANTIES ARE MADE ON ANY MATERIAL(S) ACCESSED FROM THIS SITE ON DEVICES THAT DO NOT COMPLY WITH STATED COMPATIBILITY

RESTRICTIONS ON USE OF MATERIALS

All materials contained in this Site are the copyrighted property of either Airborne and/or its affiliates and/or third party licensors or sub-licensors. All trademarks, service marks, and trade names are proprietary to Airborne, its affiliates and/or third party licensors or sub-licensors. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other web site or computer environment is prohibited. In the event that you download material from this Site, the software, including any files, images and data accompanying the material (collectively, the "material" or "materials") are licensed to you by us or our third party licensors for your personal, noncommercial home use only. We do not transfer title to the material to you. You may own the medium on which the material is recorded, but we and/or our third party licensors retain full and complete title to the materials and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the materials to a human-readable form

DISCLAIMER

THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WAP SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE, INLCUDING, BUT NOT LIMITED TO ANY DOWNLOAD OF MATERIAL(S) IS SOLELY AT YOUR OWN RISK AND THAT YOU ALONE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD OF MATERIAL(S).

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on third party sites that link to or from this Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from this Site or third party content available on this Site. We neither endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, any collection of personal information) you might be requested to give any third party or third party site, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties or third party sites.

INDEMNIFICATION

You hereby indemnify, defend, and hold Airborne, and our respective affiliates, officers, directors, owners, agents, information providers, partners, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

SOLE REMEDY

IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT AND TO RECEIVE A REFUND FROM HOMES ON MOBILE PHONES UP TO THE AMOUNT YOU PAID DURING THE THIRTY (30) DAYS PRIOR TO SUCH TERMINATION.

INTELLECTUAL PROPERTY RIGHTS

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Homes On Mobile Phones Intellectual Property Rights") are owned by Airborne or its licensors, and you agree to make no claim of interest in or ownership of any such Homes On Mobiles Phones Intellectual Property Rights. You acknowledge that no title to the Homes on Mobile Phones Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement. Unauthorized use of the name and Marks or any of the images or content on this Site may result in appropriate legal action.

REFUND POLICY

We do not offer any refunds. All sales are final.

DELIVERY POLICY

The delivery of your Homes on Mobile Phones signs will be delivered by Canada Post or the United States Postal Service. Shipping of signs will take 3 – 5 business days from the completion of the printing and packaging of your signs. Should your signs not arrive within that time frame, please contact us at 1-888-465-3821 or customerservice@homesonmobilephones.com.

Shipping Loss Guarantee

We will provide a limited guarantee (calculated in accordance with the Limitation on Liability below) against loss of the contents of your shipment. mailed item.

How to Claim under the Shipping Loss Guarantee

Should you wish to submit a claim to Aiborne, you must request a shipping loss claim form from Airborne within 45 days of the date you originally requested your signs. In order to be processed, the claim form must be fully and accurately completed, signed before a notary public, and mailed to Airborne in accordance with the claim form instructions. You must submit any and all supporting documentation with the completed signed claim form. Failure to properly complete, sign and/or mail the claim form in accordance with the claim form instructions, along with supporting proof requested will result in the denial of the claim. There is a (thirty) 30 day waiting period from the time the claim form is received by Airborne and the claim is processed, in order to allow sufficient time for the missing package to arrive.

Limitation of Liability

Subject to the Terms and Conditions of the Agreement, Airborne's liability is, and shall be expressly and specifically limited to a maximum of One Hundred U. S. Dollars ($100.00).You expressly acknowledge and agree that in no event shall Airborne's Liability exceed One Hundred U.S. Dollars ($100.00). You agree to hold Airborne harmless and to indemnify Airborne regarding any other losses or damages, including but not limited to any incidental, consequential, indirect, special, punitive damages, or loss of profit or opportunity; claims, actions or demands for any subrogation claim brought by your insurance carrier, and by submitting an item or items to Airborne, and you specifically and expressly waive any such subrogation claim on you own behalf as well as on behalf of your insurance carrier. By submitting the item(s), you explicitly and expressly accept this limitation of liability.

This limitation of liability shall be binding on you and any third party, including, but not limited to, your successors, assigns, estate, insurance carrier and any other individual or entity asserting any right or claim relating to your transaction with Airborne. In no event shall Airborne be liable to any third party, including yours or any insurance carrier. Airborne shall not be liable for any subrogation claim brought by your insurance carrier, and, you specifically and expressly waive any such subrogation claim on your own behalf as well as on behalf of your insurance carrier.

JURISDICTIONAL ISSUES

We make no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to applicable export control laws and regulations of the United States or the laws of the country in which you reside and you acknowledge that you will act in compliance with any such export control laws and regulations.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of this Site and destroying all materials obtained from this Site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to this Site may be terminated immediately without notice from us if we deem, in our sole discretion, that you have failed to comply with any term or provision of these terms. Upon termination, you must cease use of this Site and destroy all materials obtained from the Site and all copies thereof, whether made under these terms or otherwise.
These Terms and Conditions shall be governed and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law or choice of law. Subject to the provisions of this section, you expressly consent and agree to submit to the exclusive jurisdiction and venue of the United State District Court for the Southern District of New York, or for matters not susceptible of adjudication in the federal courts, the courts of the State of New York located in New York County, in all disputes arising our of or relating to the use of Homes On Mobiles Phones, its services and/or the Site. If any provision of the Agreement shall be deemed by a court of competent jurisdiction to be unlawful, void or unenforceable, 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 Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the services offered by Homes On Mobile Phones or the Site and its materials must be filed within one (1) year after such claim or cause of action arose or be forever barred. Homes On Mobile Phones makes no representation that the use of the Site or the content provided therein will not violate the laws of your local jurisdiction. You are responsible for verifying the applicable laws of your jurisdiction, particularly if you are accessing the Site from outside the United States, its territories and protectorates.
These Terms and Conditions along with those on the Site constitute the entire Agreement between Homes On Mobile Phones and yourself relating to the subject matter herein and shall not be modified except as provided for in this Agreement.

CANCELLATION

Homes On Mobile Phones is a free service to consumers. Standard rates may apply for messaging, internet access and airtime. These fees will appear on your wireless bill.

To cancel this service at anytime, send a text message with the text "STOP" to 63636 or such other number as may be designated on the Homesonemobilephones.com website or go to the FAQ section of the Site to cancel via email. You may also contact us at 1-888-465-3821 to cancel at anytime.

Airborne Mobile reserves the right, at our discretion, to change, modify, add, or remove portions of these terms at any time without notice. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms will mean that you accept all such changes.