Snap

Please read this Agreement carefully.  By using any Snap House Buyers LLC Website or Services (collectively, the “Website” or “Services”) you agree to abide by the terms and conditions of, and be legally bound by, this Terms of Use Agreement (this “Agreement”) between you and Snap House Buyers LLC.  If you do not wish to be bound by this Agreement, please do not use this Website.

 

1.  General Information.

A.  Changes.  The Website is provided by Snap House Buyers LLC (“Snap”).  Snap reserves the right, at its discretion, to change the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of the Website.  Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of the Website.

 

B.  Notices of Changes.  Any notice or statement of changes/modifications described in Section 1.A. above will be displayed online, and any such display shall constitute effective notice under this Agreement for all purposes.  You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.  Additionally, your continued use of the Website after the posting of any notice of a change in the terms and conditions shall constitute your acceptance to be bound by the express terms of any such changes.

 

2.  The Website.

A.  Definition of Website.  The “Website” shall mean all areas and aspects of the internet information and Services provided by Snap (the “Services”) including, without limitation, text, data, photos, graphics and/or video or any information whatsoever obtained through the Website (collectively referred to herein as “Information”), Snap's computers or network and any subscription or software, product, Services, or information provided by Snap.


B.  Liability for Use of the Services.  Snap shall not be held liable, directly or indirectly, for any loss or damage caused by your use of the Information and/or Services.  Statements made on the Website concerning the Information or Services of Snap do not constitute an offer, but are merely solicitations of an offer.


3.  Limitations On Use


A.  Copyright, Patent and Trademark Notice.


All content of the Website provided by Snap, including, but not limited to, all text, photos, graphics, audio, software, presentations in any format and/or video is copyrighted by Snap House Buyers LLC, or its affiliates. Copyright © 2009 Snap House Buyers LLC. All rights reserved.


No portion of the Information or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium, whether now known or hereafter created.  Nor may any portion of the Information or other materials be stored in a computer or distributed over any network, except that you may download or print one copy of these pages strictly for personal and non‑commercial use; however, any print out of any page of the Website or portion thereof, must include Snap's copyright notice.


Snap, and its associated logos, page headers, custom graphics, buttons, and other icons are Services marks, trademarks, registered Services marks, registered trademarks, and/or trade dress of Snap.  All other content product names and company logos are trademarks of their respective owners.  Neither these materials, nor any portion thereof, may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any print out of any page of the Website or portion thereof, must include Snap's copyright notice.


B.  Notice of Copyright Infringement.  Snap respects the copyrights of others.  Snap reserves the right, but not the obligation, to terminate your use of the Information and/or Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.


C.  Restricted Use of the Website.  You agree to use the Website and Information for lawful purposes only.  You agree not to post or transmit any information through the Website which: (a) infringes the rights of others or violates their privacy or publicity rights, (b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (c) is protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary rights, or any other harm resulting from your use of the Information and/or Services.


D.  Your Submission of Messages.  You hereby grant to Snap a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use for any purpose all messages or other information and/or materials submitted to and/or posted by you on the Website or any e-mail sent by you to Snap (in whole or in part) and to incorporate any such messages or other materials or e‑mails in any form, into other media or technology whether now known or hereafter developed.

E.  Linking. Without the prior written consent of Snap, you may not use any of Snap's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links.  You may not link to the Website or to any page thereof or engage in the practice of “deep linking” in any manner reasonably likely to: (a) imply affiliation with or endorsement or sponsorship of or by Snap; (b) cause confusion, mistake, or deception; (c) dilute Snap's trademarks or Services marks; (d) otherwise violate state or federal law; or (e) constitute improper disparagement or disclosure concerning Snap or any of its respective affiliates, or their respective officers, directors or agents.  You may not frame or otherwise incorporate into another Website any of the Information or other materials on this Website without the prior written consent of Snap.


4.  Access and Delays in Information and/or Services.
Snap and its affiliates shall have no responsibility to provide you access to the Website.  Further, Snap and its affiliates shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the Information and/or Services for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.


5.  Monitoring of Website.
You acknowledge that Snap reserves the right to, and may from time to time, monitor for all lawful purposes any and all third-party content transmitted or received through the Services.  During monitoring, information may be examined, recorded, copied and used for authorized purposes.  All third-party content, including personal information, placed on or sent over the Website may be monitored.  Use of the Information and/or Services, authorized or unauthorized, constitutes consent to such monitoring and to the other terms of this Agreement.


6.  Representations, Warranties and Limitation of Liability.

A.  General Disclaimer and Limited Warranty.  You acknowledge that certain aspects of the Information and links provided through the Website are compiled from sources which may be beyond the control of Snap.  Though such Information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur.  Snap does not warrant the accuracy or suitability of any such Information.  Snap does not represent or endorse the accuracy or reliability of the Information distributed through the Website.


FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS WITH ALL FAULTS BASIS.” SNAP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING.  FURTHER, SNAP NEITHER REPRESENTS NOR WARRANTS THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.


B.  Risk of Errors and Omissions.  You assume all risk of errors and/or omissions in the Website, including the transmission or translation of data.  You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website, including the Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.


C.  Viruses.  You acknowledge and agree that Snap uses reasonable efforts to assure that no viruses or programs with similar functions operate on, or are passed through, the Website or the Information.  However, you hereby assume all responsibility (and thereby hold Snap harmless), by whatever means you deem most appropriate for your needs, for detecting and eradicating any virus or programs with a similar function.


D.  Limitation of Liability.  
YOU AGREE THAT SNAP AND ITS AFFILIATES SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND/OR SERVICES FOR ANY PURPOSE WHATSOEVER.  IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO SNAP BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF SNAP OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.  THE PROVISIONS CONTAINED IN THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.


E.  FTC Notice.  
Some states do not allow limitations on how long an implied warranty lasts, so the limitation set forth in Section 6.D. above may not apply to you.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.  This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.


7.  Indemnification.
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND INDEMNIFY AND HOLD HARMLESS SNAP AND ITS AFFILIATES, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS' FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND USE OF THE WEBSITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEBSITE.  THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY.  YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.


8.  Privacy.

Records of your use of the Website is the sole property of Snap and is protected by and subject to the U.S. Electronic Communications Privacy Act, as amended, or any successor statute.  Snap reserves the right to use such information for its marketing endeavors.  For Snap’s use of your personally identifying information, please see our Privacy Policy on the Website.  You acknowledge and agree to the terms of the Privacy Policy and such provisions are incorporated into this Agreement by reference.
9.  Unsolicited E-Mail and Direct Marketing.

A.  Unsolicited E-mail.  Snap supports responsible e-commerce. Snap does not authorize anyone to use the Website and/or Services to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail (“SPAM”).


B.  Electronic Direct Marketing Programs.  Snap may develop and participate in electronic direct marketing to users of the Website who elect to receive electronic mail of specific interest to them.  In keeping with this Agreement, Snap does not forward the names and addresses (electronic or otherwise) to third parties.  Advertisers who participate in Snap's electronic direct marketing programs identify the category of users who would most likely be interested in their goods and services.  Snap then forwards the advertisements to users who have elected to receive that category of electronic mail.  Users may elect to not receive similar electronic mail by requesting that their e-mail address be removed from the mailing list by selecting the appropriate option included with each e-mail advertisement sent by Snap.   In addition, users may elect to be removed from such lists at any time by sending an email message to Info@SnapHouseBuyers.com.


C.  Reservation of Rights.  Snap reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the Website of SPAM, junk e-mail, threatening or offensive e-mail, or e-mail otherwise determined by Snap, in its sole discretion, to be objectionable.  Snap reserves the right to suspend or terminate any person or entity's use of or access to the Website and/or Services if it determines, in its sole and absolute discretion, that such person has used or intends to use the Website and/or Services in violation of this policy.  A failure of Snap to exercise any right provided for herein shall not be deemed to be a waiver of such right.


10.  Miscellaneous.

A.  Governing Law; Limitations; Venue.  The laws of the State of Wisconsin, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this Agreement.  Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Milwaukee County, Wisconsin, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Department of Financial Institutions of the State of Wisconsin as your agent for service of process.  You agree to waive any objection that the state or federal courts of Milwaukee County, Wisconsin, are an inconvenient forum.


B.  Assignments.  You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Snap.  Any assignment other than as provided for in this Section 10.B. shall be null and void.


C.  Severability.  If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.


D.  Export.  You may not use or export the Information or any other materials in this Website in violation of U.S. export laws and regulations.


E.  Termination.  Snap may terminate or suspend your use of the Website and/or Information and Services for any reason. Termination or cancellation of your use of the Website and/or Information and Services shall not affect any right or relief to which Snap may be entitled, at law or in equity.  Upon termination of this Agreement, all rights granted to you will terminate and revert to Snap.


F.  Notice.  Official correspondence must be sent via certified mail to:
Snap House Buyers LLC
6025 N. Green Bay Ave., Suite 2
Milwaukee, WI 53209
Attention: Website Administrator


G.  Entire Agreement.  This Agreement is complete and effective at the time you begin use of the Website, Information and/or Services.  This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Snap.  In the event that any inconsistencies exist between this Agreement and any future published terms or understanding, the last published Agreement or terms of use shall control.


ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY SNAP HOUSE BUYERS LLC.