HomeAvenue.com TERMS OF USE

HomeAvenue.com, Inc., operates the HomeAvenue.com web site (the “Web Site”) to provide information, products and links to services associated with the user’s purchase and/or sale of a home (the “Service”). This Service provides products and advertising services, along with information about certain professional services provided by others. The service is not intended to offer or convey legal advise, nor should anything in this website be construed as Realtor advise. The service does offer Broker services, but such services will not commence until execution of Broker Agreement.

Please take a few minutes to review the terms and conditions set forth herein (the “Terms of Use”). By accessing and using this Web Site, you agree to each of the Terms of Use. If you do not agree with any of the Terms of Use, you are not authorized to access or use this Web Site for any purpose.

HomeAvenue.com reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Web Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this Web Site. The last date these Terms of Use were revised is set forth below.

1. INTELLECTUAL PROPERTY

The Service, the Web Site and all information and/or content that you see, hear or otherwise experience on the Web Site (the “Content”) are protected by U.S. and international copyright, trademark, trade secret, intellectual property and other laws, and belong to HomeAvenue.com or its partners, affiliates, contributors or third parties.

You may use the Web Site, the Service and the Content solely for your personal, non-commercial use. You may download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. HomeAvenue.com reserves complete title and full intellectual property rights in any Content you download from this Web Site, subject to this limited license for you to make personal use of the Content as set forth herein.

You agree not to modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Web Site or the Service, except as expressly permitted by these Terms of Use. You may not mirror or frame the home page or any other pages of this Web Site on any other web site or web page. You may not connect “deep links” to this Web Site, i.e., create links to this site which bypass the home page or other parts of the Web Site. You are prohibited from using any of the marks appearing throughout this Web Site without express written consent from the trademark owner, except as permitted by applicable law.

2. DISCLAIMERS

a. Downloading Files. HomeAvenue.com cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection by software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, or cancelbots. The entire risk as to the quality and performance of the Web Site or the Service, the accuracy of any information or content provided through the Web Site or the Service, or quality of any file used in conjunction with the Web Site or the Service is solely and exclusively with the user.

b. Third Party Links. Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by HomeAvenue.com of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Web Site. You acknowledge and agree that HomeAvenue.com is not responsible for the availability of any such web sites and that HomeAvenue.com does not endorse or warrant, and is not responsible or liable for any such web site or the content thereon. You need to make your own decisions regarding your interactions or communications with any other web site.

c. No Legal Advice. HomeAvenue.com may provide links to Web sites maintained by area attorneys. Any such links are provided for convenience only. HomeAvenue.com does not engage in the practice of law and nothing on the Web Site constitutes legal advice. We strongly advise you to consult with an attorney or other advisor before purchasing or selling a home, if you desire legal advice.

d. Risk of Injury. Certain products available through HomeAvenue.com, such as yard signs, require careful installation. Please read and follow all instructions that accompany all HomeAvenue.com products prior to use. Prior to installation of yard signs, we urge you to contact your local utility companies to avoid striking a gas, power, water, or other utility lines. Striking these lines may result in serious injury to person(s) and/or property. In renting yard signs, you are assuming any risk of injury from installing or mending the sign(s). HomeAvenue.com is not responsible for any injury incurred or damage sustained as a result of the digging, installation, mending or handling of our products.

e. International Use. HomeAvenue.com makes no representation that information content provided on the Web Site is applicable or appropriate for use in locations outside the United States. [IF SERVICE/PRODUCTS AVAILABLE IN CANADA OR ELSEWHERE, INCLUDE THE FOLLOWING: Portions or versions of the Web Site that have been translated into any language other than English are provided for the convenience of the user only. HomeAvenue.com makes no representation or warranty that the translations are complete and accurate and by providing some content in a language other than English, HomeAvenue.com undertakes no obligation to provide translations of all or any portion of the Web Site in any language except as determined by HomeAvenue.com.] You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

3. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEB SITE, THE SERVICE AND THE PRODUCTS AVAILABLE FOR PURCHASE. HOMEAVENUE.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE, THE SERVICE, OR THE PRODUCTS AVAILABLE FOR PURCHASE. HOMEAVENUE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE PRODUCTS, THE WEB SITE, THE SERVICE, OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION).

HOMEAVENUE.COM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE PRODUCTS, THE WEB SITE, THE SERVICE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITE OR THE SERVICE.

HOMEAVENUE.COM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE OR THE SERVICE WILL BE CORRECTED. HOMEAVENUE.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEB SITE OR THE SERVICE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEB SITE, THE SERVICE AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

4. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HOMEAVENUE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICE, INFORMATION OR CONTENT AVAILABLE OR PROVIDED THEREIN, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE SERVICE, EVEN IF HOMEAVENUE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, HOMEAVENUE.COM’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

5. INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Web Site. You agree to indemnify, defend and hold harmless HomeAvenue.com, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of the Web Site or the Service, any violation by you of this Agreement, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Web Site or Service through your user account.

6. PRIVACY POLICY

Click here to see HomeAvenue.com’s Privacy Policy.

7. USER CONDUCT

You agree not to upload, distribute or otherwise publish through the Web Site or the Service: (a) any information, data, text, software, photographs, graphics, messages, or other material (“Material”) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (b) any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal Material; (c) any Material that you do not have the right to transmit under law or under contractual or fiduciary relationships; (d) any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) any Material that harms minors in any way Advertise or offer to sell any goods or services for any commercial purpose

You further agree not to use the Service to (a) conduct or forward surveys, contests, pyramid schemes, or chain letters; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) interfere with or disrupt servers connected to the Web Site; (d) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any material contained in a file that is uploaded; (e) restrict or inhibit any other user from using or enjoying the Site.

8. USER SUPPLIED INFORMATION

If you supply or post any information or material to the Web Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Web Site, you give HomeAvenue.com the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

You also acknowledge and agree that you are solely responsible for the content of any of your messages. Nevertheless, we reserve the right to delete, move, or edit messages that, in our sole discretion, are deemed abusive, defamatory, obscene, in violation of law, including, but not limited to, copyright or trademark laws, or otherwise unacceptable. You agree that any material that you submit to the Service or the Web Site may be edited, removed, modified, published, transmitted, and/or displayed by HomeAvenue.com, and you waive any and all rights you may have with respect to the alteration, modification, or removal of your material.

By using the Web Site, you understand and agree that HomeAvenue.com is not responsible for the truth, completeness, objectivity or usefulness of any third-party posting, nor does HomeAvenue.com endorse any posting. By viewing third-party postings, you assume the risk of believing or disbelieving any content contained therein. HomeAvenue.com generally does not screen, monitor, edit or review any third-party postings. HomeAvenue.com does have the right to monitor or remove any third-party postings at any time and without notice pursuant to the Terms of Use, our Privacy Policy, or if we believe it will improve the quality of the Web Site.

9. GENERAL PROVISIONS

a. Entire Agreement. These Terms of Use and HomeAvenue.com’s Privacy Policy constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by HomeAvenue.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The information in the Web Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. No Harmful Action. You agree not to take any action that might compromise the security of the Web Site, render the Web Site inaccessible to others or otherwise cause damage to the Web Site or any content contained on the Web Site. You agree not to add to, subtract from, or otherwise modify the Content on the Web Site.

e. Enforcement. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, HomeAvenue.com’ Privacy Policy, your use of the Web Site, any other HomeAvenue.com web site, any products purchased through the Web Site, the Service, or Content or Material contained therein (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of the arbitration shall be Minneapolis, Minnesota, USA. [IF SALES ABROAD INCLUDE: The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.]

g. Claims of Copyright Infringement. You agree to immediately notify HomeAvenue.com of any claimed copyright infringement. You further agree to provide HomeAvenue.com’s copyright agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512. HomeAvenue.com’s Copyright Agent for notice of claims of copyright infringement on or relating to this Web Site can be reached either by:

1. sending an e-mail request to info@HomeAvenue.com; or

2. sending a letter via the U.S. Mails to:

Copyright Agent

H omeavenue.com

7825 Wayzata Blvd

St. Louis Park, MN 55426

QUESTIONS OR ADDITIONAL INFORMATION. If You have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to __________.

DATE OF LAST MODIFICATION

September 27, 2000