Get Happy Home.com - Homes For Sale By Owner

GetHappyHome.com provides the services to you, subject to and under the following Terms and Conditions (the “Terms” or the “Agreement”). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON GetHappyHome.com, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM. In these Terms, “Web site” refers to GetHappyHome.com. “You” refers to users of GetHappyHome.com. “Customers” refers to users who purchase any product or Service on GetHappyHome.com, including without limitation listing their properties on the Web site. The words “we,” “us,” and “our” refer to GetHappyHome.com. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms.

1. Access and Registration. If you open an Account at GetHappyHome.com, you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. We reserve the right to terminate your Account if individuals from more than one household access GetHappyHome.com using any single user name or password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access GetHappyHome.com using your name in whole or in part without our permission. If you believe someone has accessed GetHappyHome.com using your user name and password without your authorization, e-mail us immediately at the address listed below.

You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access GetHappyHome.com through an Internet access provider or other third party service. You agree that we may terminate your Account if it remains inactive for a period of one (1) year.

2. Customer Listing, Password, and Security. Customers may create a user name (your e-mail) and password. In addition, Customers that list their properties on GetHappyHome.com as sellers are assigned a listing number that operates as a user name. Customers are responsible for maintaining the confidentiality of their user names, listing numbers, and passwords. You, as a Customer, are solely responsible for all activities that occur under your user name, listing number, and password. As a Customer, you agree to immediately notify us of any unauthorized use of your user name, listing number and/or password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME, LISTING NUMBER, AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. You, as Customer, agree that we may terminate your Account if it remains inactive for a period of one (1) year.

3. Customer Responsibilities. In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your listing number or password, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, NONCOMMERCIAL PURPOSES only. That is, you agree and acknowledge that your use of the Web site and Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on GetHappyHome.com, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever. Other than providing links to virtual tours of your property, YOU MAY NOT INCLUDE A LINK TO ANY WEBSITE IN YOUR LISTING. IF YOU VIOLATE OR FAIL TO COMPLY WITH THIS SECTION 3, YOU AGREE TO COMPENSATE GetHappyHome.com FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $5,000.

4. Customer Responsibilities Concerning Property Listings.

• Monthly Plan. Any Customer who registers for the Monthly Plan is responsible for paying monthly subscription fees. Customers who choose the Monthly Plan will be automatically billed to their credit card every thirty days from the date the ad is placed (the “renewal date”) until the user cancels the ad. Payment for a monthly listing shall be made by automatic credit card debit. Customers can cancel listings online, can send a cancellation request via e-mail at least one (1) business day prior to the renewal date to the e-mail listed below, or can call us at the number listed below. Direct all e-mail cancellation requests to support@gethappyhome.com or call. You must receive a confirmation from us, either via electronic mail or over the telephone, or your listing has not been canceled. If you have not received a confirmation, cancel your listing online.
• Until Sold Plan. Any Customer who registers for the Until Sold Plan will be billed a one-time flat fee which entitles the Customer to maintain the property listing until sold. Notwithstanding the foregoing, the Customer is responsible for periodically extending the listing if desired, notifying GethappyHome.com of the sale of the property, and then removing the listing from the Web site.
• MLS Upgrades. Any Customer who registers for the MLS upgrade will be billed an additional one-time flat fee between, depending on the state, which entitles the Customer to have his property listed on an available local multiple listing service for six months accessible by real estate brokers/agents in the area. If you register for the MLS Service, you acknowledge that the GethappyHome.com Web site listing and MLS listing are sold separately. MLS Listing applications must be submitted promptly after receipt. GethappyHome.com is not a licensed real estate broker/agent and does not provide real estate brokerage services in connection with your property listings. Accordingly, all MLS listings are handled by an independent, local real estate broker/agent in your area who will contact you in order to contract with you separately. The terms of any agreement between you and any independent real estate broker/agent are not endorsed, recommended or otherwise known to or by GethappyHome.com.
• MLS Service in General. The MLS Listing expires after six (6) months. You may extend an MLS Listing for additional six (6) months periods by paying an additional $300 per six-month period. There may be additional fees that apply depending on the geographic location of your property listing and your local MLS’s rules and regulations. Moreover, the MLS Service may be subject to additional fees and/or restrictions based on, among other things, changes in laws, regulations, or the third parties with which GethappyHome.com may contract. In addition, depending on your MLS listing agreement, there may be restrictions on your use of signs, including signs provided as part of the above Plans. IF YOU OBJECT TO ANY MODIFICATIONS TO THE MLS SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE MLS SERVICES. CONTINUED USE OF THE MLS SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE MLS SERVICES AS SO MODIFIED. MLS Service is considered a separate purchase and is treated as a separate service for refunds. THERE WILL BE A CANCELLATION CHARGE OF $85 FOR EARLY CANCELLATION OF THE MLS SERVICE.

5. Refunds. Under certain limited circumstances, GethappyHome.com may refund the purchase price or a portion of the purchase price for Services purchased from GethappyHome.com.

• Customer Obligations concerning Cancellation. In certain cases in its sole discretion, GethappyHome.com will attempt to make commercially reasonable efforts to accommodate its users and Customers that purchase products or the Services from GethappyHome.com and subsequently attempt to cancel such purchase. However, it is ultimately your responsibility to promptly inform GethappyHome.com that you are canceling a purchase and GethappyHome.com is under no obligation to make accommodation for users of Customers that attempt to cancel. GethappyHome.com IS NOT RESPONSIBLE FOR AND NEED NOT HONOR CANCELLATION REQUESTS THAT IT DOES NOT RECEIVE OR DOES NOT RECEIVE IN A TIMELY FASHION.
• Voiding Charges within 24 Hours of Purchase. If you or Customers or purchasers of a product through the GethappyHome.com on-line shop or the Services notify GethappyHome.com in writing of a cancellation within 24 hours of a purchase of a product or the Services, then GethappyHome.com will void, reverse, or credit the charges on such purchase.
• Refunds, Downgrades, or Changes within 24 Hours of Purchase for Non-MLS-Related Services/Plans. For Services/plans described you can obtain a refund, downgrade your plan with a refund of the difference in price, or change your plan within 24 hours of your purchase of the Services by notifying GethappyHome.com in writing of your refund request, downgrade request, or change order. For a change that involves an upgrade to a Service plan, you must pay the difference in price between the plan you initially purchased and the upgraded plan. FOR ANY REFUND OBTAINED PURSUANT TO GetHappyHome.com HAS THE RIGHT TO CHARGE A $25 CANCELLATION FEE FOR SERVICES RENDERED.
• Refund and Change Policy after 24 Hours from Purchase of Services. For all Services/plans AFTER 24 HOURS FROM YOUR PURCHASE OF THE SERVICES, THERE IS NO REFUND FOR ANY REASON. IN ADDITION, AFTER 24 HOURS FROM YOUR PURCHASE OF THE SERVICES, YOU CANNOT DOWNGRADE YOU PLAN AND RECEIVE A REFUND. You may upgrade to another plan after 24 hours from your purchase of the Services.
• "Featured Home". The property listing is in the Featured Home rotation is for 10 days. Your property listing will not be viewable all of the time and may not be present during certain times when you are on the site. YOU ARE NOT ENTITLED TO A REFUND BECAUSE YOUR PROPERTY LISTING WAS NOT DISPLAYED AS A “FEATURED HOME” AT A CERTAIN TIME.
• “Hot Offer". This feature cycles your property listing through the “Hot Offer" section of GethappyHome.com’s home page at certain times. The property listing is in rotation for 10 days. However, your property listing will not be viewable all of the time and may not be present during certain times when you check the “Hot Offer.” YOU ARE NOT ENTITLED TO A REFUND BECAUSE YOUR PROPERTY LISTING WAS NOT DISPLAYED AS A “Hot Offer” AT A CERTAIN TIME. THERE IS NO REFUND FOR THIS FEATURE AFTER 24 HOURS.
• Refund and Changes to Services/Plans that Include MLS Services. Because the MLS in your local area is a third-party service, GethappyHome.com is subject to additional fees and restrictions concerning changes requested by a Customer after they have purchased a plan with MLS Services, especially after a property listing has been posted to the MLS. GethappyHome.com will refund the price of a Service plan that includes MLS Services that you purchased, less a $85 cancellation fee, anytime before your property listing is posted to the MLS. IN ADDITION, ONCE YOUR PROPERTY LISTING IS POSTED TO THE MLS OR 30 DAYS AFTER YOU PURCHASED THE MLS SERVICE, THERE IS NO REFUND FOR ANY REASON. While you cannot receive a refund after your property listing has posted to the MLS, you can make up to two (2) changes to the listing that involve the quantity of words/description of the property or documentation associated with the property free of charge during the life of the MLS listing. THERE IS A $25 CHARGE FOR EACH CHANGE TO AN MLS LISTING BEYOND THE FIRST TWO CHANGES THAT INVOLVE THE QUANTITY OF WORDS/DESCRIPTION OF THE PROPERTY OR DOCUMENTATION ASSOCIATED WITH THE PROPERTY. All changes to an MLS listing can contain unlimited descriptive content and documentation changes. You may make pricing or status changes (e.g., sold, under contract) to an MLS listing free of charge. ALL CHANGE ORDERS FOR AN MLS LISTING MUST BE IN WRITING. Certain fees may apply in order to remove an MLS listing prior to six (6) months. If you have received a refund for your MLS Listing, less the $85 cancellation fee, and you decide to re-purchase a plan with MLS Services within 6 months for the same property you previously listed, then GethappyHome.com will allocate the $85 cancellation fee toward the total purchase price of the Service plan with MLS Services that you re-purchase.
• Requests for Refunds, or Uploads with respect to Monthly Plans. With respect to the Monthly Plan you may cancel your Monthly Plan. There is no pro-ration for canceling a Monthly Plan within a 30-day period. That is, if you cancel a Monthly Plan 24 hours after the renewal date and/or part-way through a 30-day cycle, YOU WILL NOT RECEIVE ANY PRO-RATED REFUND. IT IS YOUR RESPONSIBILITY TO USE THE AD CANCELLATION FEATURE TO CANCEL THE MONTHLY PLAN. IF YOU FAIL TO DO SO, YOU ARE LIABLE FOR AND MUST PAY GethappyHome.com ALL ASSOCIATED MONTHLY FEES.
• Technical Problems or Computer/Browser Requirements. YOU WILL NOT RECEIVE ANY REFUND FOR TEMPORARY TECHNICAL PROBLEMS WITH THE WEB SITE (INCLUDING WITHOUT LIMITATION NOT BEING ABLE TO LOG IN TO YOUR ACCOUNT OR NOT BEING ABLE TO UPLOAD PHOTOS) THAT REMOVE YOUR PROPERTY LISTING, CHANGE YOUR PROPERTY LISTING, OR CAUSE YOUR PROPERTY LISTING NOT TO BE DISPLAYED. YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A TEMPORARY SERVICE FAILURE. MOREOVER, YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A FAILURE TO VIEW YOUR PROPERTY LISTING THAT IS DUE TO YOUR COMPUTER’S OR YOUR BROWSER’S FAILURE TO MEET MINIMUM BROWSER AND OPERATING SYSTEM REQUIREMENTS OF GethappyHome.com. YOU ARE ALSO NOT ENTITLED TO ANY REFUND BASED ON ANY PROBLEM DUE IN WHOLE OR IN PART TO YOUR COMPUTER OR PERIPHERAL DEVICE.
• Yard Signs and Related Products. THERE ARE NO REFUNDS FOR YARD SIGNS OR OTHER PRODUCTS THAT ARE SENT TO YOU IN CONNECTION WITH A SERVICE PLAN.

6. Disclaimers and Limitation of Liability. While GethappyHome.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the Web site and assume no liability or responsibility for any error or omission in such data or information. GethappyHome.com DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. GethappyHome.com has no responsibility for actions of third parties or for information provided or posted by others.

USE OF GethappyHome.com IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER GethappyHome.com, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS OF ANY OF THEM, MAKES ANY WARRANTY OF ANY KIND REGARDING GethappyHome.com AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH GethappyHome.com; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING GethappyHome.com OR THE SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES GethappyHome.com WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. GethappyHome.com AND ITS AFFILIATES AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such application law.

GethappyHome.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. GethappyHome.com DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE GethappyHome.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL GethappyHome.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GethappyHome.com OR ITS AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IN NO EVENT SHALL GethappyHome.com OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.

7. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, GethappyHome.com ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF GethappyHome.com; (2) GethappyHome.com'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.

8. Terms of Service and Privacy Policy. The Terms of Service and Privacy Policy for GethappyHome.com are hereby incorporated by reference into these Terms, and your agreement to these Terms means that you also expressly agree to be bound by the Terms of Service and Privacy Policy for GethappyHome.com. For Customers, in the event of a conflict between these Terms, on the one hand, and the Terms of Service and Privacy Policy, on the other, these Terms shall take precedence.