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You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products and services available through, published on or promoted over this Web Site, including information, products and services referred to, advertised or promoted on or sold though the Web Site. Neither HomesVirginia.com, nor any of its owners, affiliates or licensees warrant that this Web Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Web Site, or as to the accuracy, reliability or completeness of content or any information, product or service provided or made available through this Web Site.
Without limiting the generality of the foregoing, HomesVirginia.com, it’s owners, affiliates, licensors and licensees specifically disclaim any and all warranties, express or implied by statute or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.
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Neither HomesVirginia.com nor any of its owners, affiliates, licensors or licensees shall have any liability for any errors, inaccuracies, omissions, or other defects in the information contained within this web site. In no event shall HomesVirginia.com, its owners, affiliates, licensors or licensees or providers be liable to you or anyone else for any damages, other than direct damages, arising out of your access to or use of, or inability to use, this web site, including, without limitation, any special, indirect, consequential, punitive, exemplary or similar damages whatsoever (including, without limitation, damages for lost revenues or profits, or loss of business or data), even if HomesVirginia.com or any such other person has been advised of the possibility of such damages.
Without limiting the foregoing, you agree that the entire liability, if any, of HomesVirginia.com, its owners, affiliates, licensors and licensees arising out of any kind of legal claim (whether in contract, tort or under any other legal theory) arising out of your access to or use of, or inability to use, this Web Site or any information, products or services available through this Web Site will not exceed the amount that you paid to HomesVirginia.com, if any, for (i) the use of this Web Site or (ii) such information, products or services.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
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You agree to release, defend and hold harmless HomesVirginia.com, its owners, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorney’s fees, arising from or relating to:(i) your breach of this Usage Agreement or any matter for which you are responsible or liable under the terms of this Usage Agreement, or (ii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
** All users, customers, clients, realtors, and third parties hereby acknowledge that HomesVirginia.com is not a real estate brokerage company and that HomesVirginia.com may refer business to the real estate agents listed as “team members” on this website, along with some contractors, mortgage companies, and builders. All parties hereby agree that HomesVirginia.com may release any information that they obtain to these referring parties. Further, all parties agree to indemnify and hold HomesVirginia.com and Brian Simon harmless from any liability, cost, demand, claim, expense, obligation or liability in regards to any of the foregoing referring parties. Whomever the real estate agent hangs their license with is the Real Estate Broker. In most cases, the Brokerage is Wainwright Real Estate and Wainwright’s Broker is Bob Wainwright and Wainwright’s Attorney is Caroline Kelsey.