TERMS OF USE AGREEMENT

Welcome to HOMECENTRIX, LLC and HOMEX.COM ("we", "us", "our", or "HomeX"). This Terms of Use Agreement (the "Terms of Use") governs your (hereinafter "you", "your", or "user") relationship with the Company and use of the Company's Service (the "Service"). By using the Service, you accept the Terms of Use and any modifications that may be made to the Terms of Use from time to time.

Terms of Use

Please read through these Terms of Use carefully before you use our Service. The Service includes your use of our print materials and our website (the "Website") and the information included therein (the "Information"). The Service is offered to you on the condition that you agree to all the terms, conditions and notices contained herein without any modifications, which includes warranty disclaimers and disclaimers of liability. Foreclosure Agency reserves the right to change these Terms of Use from time to time in its sole discretion. In the case of any violation by you of these Terms of Use, HomeX may terminate your right to use the Service and reserves the right to seek all remedies available by law and in equity for such violations.

Limited License; Permitted Uses

As a paid member of the Service in good standing, you are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Information and Website strictly in accordance with these Terms of Use; (b) to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Nontransferable

Your right to use the Service is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Restrictions; Prohibitions on Use

In addition to other restrictions and prohibitions contained herein, your license for access and use of the Website and our Information is subject to the following additional restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any Information retrieved therefrom; (b) use the Website or any materials obtained from the Website to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any of our Information; (d) use our Information or the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (f) make any portion of the Website available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture; (h) use any automatic or manual process to harvest information from the Website; (i) use the Website for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Website in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws or regulations of the United States.

No Endorsements; Waiver of Claims; No Affiliation

You acknowledge and agree that HomeX sells no real estate or real estate services through the Service. Certain real estate brokers, lenders, or other real estate service providers (collectively, the "Vendors") may provide information through the Service or contact you at your request. You understand and agree that HomeX is not affiliated with any such Vendors and in no way endorses or recommends any particular Vendor. User is in no way obligated, required or encouraged to utilize any of the Vendors providing information through the Website. If you decide to utilize a Vendor, any transaction, offer to buy or sell or related communication conducted through the Service is solely between you and the Vendor. The exclusive remedy arising from communications through the Service is between you and the relevant Vendor. The Information provided through the Service is provided solely for informational purposes and does not constitute an offer to sell, rent, or advertise real estate. HomeX is not making any warranties or representations concerning any of these properties including their availability. The Information is deemed reliable but not guaranteed and should be independently verified. YOU AGREE THAT, IN RETURN FOR PERMISSION TO USE THE SERVICE, YOU WAIVE ANY AND ALL CLAIMS AGAINST HOMEX THAT ARE CONNECTED TO SUCH USE.

We may include information about government agencies, or other websites and businesses in our Information. The inclusion of any such government agencies, or other websites or businesses in our Information does not mean that such agencies, websites, or businesses are affiliated with us or endorse our Service.

Copyright; Proprietary Rights and Information

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, or publication by you of any such matters or any part of the Website is strictly prohibited. You do not acquire ownership rights to any of our Information or any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the Website may be the copyrighted work of third parties. You acknowledge and agree that: (i) Information provided through the Service and Website may contain proprietary information that is protected by applicable intellectual property and other laws, and (ii) Information provided through the Service and Website is or may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Therefore, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the HomeX Service, in whole or in part.

No Legal Advice

The HomeX Service provides general Information about foreclosures. The Information is designed to help you generally understand the mechanics involved in purchasing forecloses properties. The Information is not intended to and does not constitute legal advice or assistance, recommendations, or counseling under any circumstance. We are not attorneys. Although we go to great lengths to make sure our Information is accurate and useful, we recommend you consult an attorney if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.

General Disclaimer

Although HomeX has made reasonable efforts to provide you with accurate Information, HomeX assumes no responsibility for the accuracy (or inaccuracy) of the Information.

HOMEX PROVIDES THIS SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. HOMEX FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOMEX DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS THROUGH THE SERVICE OR ITS WEBSITE OR ITS CONTENT OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

HOMEX SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR USE OF THE SERVICE AND/OR WEBSITE OR INABILITY TO USE THE SERVICE AND/OR WEBSITE, EVEN IF HOMEX HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE. THIS PROVISION IS SUBJECT TO POSSIBLE LIMITATION UNDER STATE LAW. IN ADDITION TO THE FOREGOING, OUR TOTAL LIABILITY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE AND/OR WEBISTE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.

Indemnification and Release

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, managers, members, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your use of the Service. Further, you agree to indemnify and hold us and the Affiliated Parties harmless from any liability, loss, claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) your breach of these Terms of Use; (ii) Your willful, reckless, or negligent misconduct, or (iii) claims that you infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party. You expressly release us and any Affiliated Parties from any claims that you may have due to your use of the Service, whether you are now aware of any such claims, or become aware of such claims in the future (this provision may be subject to possible limitation under state law).

Other Conditions Regarding User's Website Use

User agrees not to post on the Website any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any applicable law. User will not post on the HomeX Website any links to any external Internet sites that are obscene or pornographic. Any information that you provide to HomeX must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.

Usage of the HomeX Website shall be limited to non-robotic, non-mechanical or other non-artificial/software based searches which shall not exceed 200 searches per 24 hour period. Violation of this use policy subjects the User to immediate termination of service without refund or pro-rated credit for any subscription fee.

By subscribing to the Service, User agrees not to disclose any assigned access code to others. User also agrees not to distribute the Information to any person or organization, by any means, printed, electronic or other.

Errors, Corrections and Changes

We do not represent or warrant that the Website will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Website will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Website at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website.

Links to/from Third Party Sites

The HomeX Website contains links to third party sites. User accesses these sites at User's own risk; HomeX is not responsible for the content, changes, updates, or other links contained in a linked site. HomeX provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Foreclosure Agency of any such site. Your access or use of any third party sites is at your own risk.

Any third party desiring to link to our Website must link to the Website's home page located at www.homex.com. No one may link to any other page of our Website without our prior written consent.

No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between user and HomeX as a result of user's use of the Service.

Governing Law

User's use of the Service and any claims related to it are governed by the laws of the State of Texas without reference to its conflict of laws rules. User consents to the exclusive jurisdiction of the state and Federal courts located in Travis County, Texas, and user waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding.

Miscellaneous

We are not a government agency, nor are we affiliated with a government agency. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Any cause of action by you with respect to any claim you may have against us must be instituted within one (1) year after the cause of action arose or shall be forever waived and barred. All actions shall be subject to the limitations set forth herein. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms of Use shall survive any termination of this agreement. The language contained herein shall be interpreted as to its fair meaning and not strictly for or against you or us.