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Free Furniture Offer Details and Conditions,
and Website Use of Terms and Conditions
The Clark Select Properties, Inc (CSP) free furniture offer is subject to the following conditions, limitations and exclusions and the offer may be modified and/or discontinued without notice. These terms of use (Site Terms and/or Free Furniture Offer) apply exclusively to your access to, and use of, our Site and any offers herein, and do not alter in any way the terms or conditions of any other written agreement you may have with us for other products or services. By accessing our Site, you agree to the terms and conditions of our then current Site Terms.
In order to qualify for the free furniture offer, Purchaser (homebuyer) must purchase a home through Clark Select Properties, Inc. in a state for which CSP is licensed: Virginia, Maryland or the District of Columbia.
Homes qualifying for free furniture must come from the Realtors® Multiple Listing Service (MLS) and Clark Select Properties, Inc. must receive a minimum 3% agency commission; such commission being calculated on the final sales price of the property purchased by the buyer. Commission must be received from the seller or seller's agency prior to the buyer receiving the furniture.
As a licensed real estate broker, standard real estate practices will be observed by CSP and Purchaser agrees to comply with all such standard real estate practices in order to be eligible for this offer.
Not all products and services are available in all geographic areas. CSP is licensed in Virginia, Maryland and the District of Columbia only. Your eligibility for particular products and services is subject to final CSP determination and acceptance. Offer valid only at furniture stores or outlets approved by CSP and furniture must be delivered to or picked up by Purchaser within one (1) year from date of settlement or offer is void.
This offer is void where prohibited or restricted by law or lender. No cash value. No cash redemption or substitution. May not be combined with any other offer. Taxes and any other expenses not specified herein are the Purchaser's sole responsibility. The information, terms, and conditions contained in this Worldwide Website and in printed materials are subject to change without notice at any time. Any changes or modification will be effective upon posting or publication of the revisions. Your use of this Site and participation in any offers contained herein following the posting of its changes or modifications will constitute your acceptance of the revised Site Terms or any offer contained herein
Offer, pricing, terms and conditions are subject to change without notice. The selection, delivery, merchantability of fitness of any products and all other aspects of the furniture is strictly between the Purchaser and furniture vendor and CSP is held harmless from any responsibility or liability in connection with any such furniture or delivery thereof.
Some mortgage companies or lenders may set conditions regarding Purchaser receiving benefits in connection with the financing of their home, therefore this offer is subject to review and approval by Purchaser's mortgage company or lender.
LIMITATION OF LIABILITY AND USER'S RESPONSIBILITIES. IN THE EVENT OF ANY PERSON ACCESSING AND USING ANY INFORMATION OR FORMS FROM THIS SITE FOR THE PURPOSES OF ENGAGING IN A REAL ESTATE TRANSACTION OR MAKING AN OFFER ON A PROPERTY, THE CUSTOMER OR USER, BY ACCESSING AND USING THIS SITE AND THE MATERIAL CONTAINED HEREIN, AGREE AND UNDERSTAND THAT ALL MATERIALS AND FORMS CONTAINED HEREIN ARE PROVIDED FOR CONVENIENCE ONLY AND THAT NO MATERIALS OR FORMS ARE MANDATORY, RECOMMENDED OR GUARANTEED TO MEET ALL REAL ESTATE REQUIREMENTS OR ANY OTHER REQUIREMENTS NECESSARY TO A REAL ESTATE TRANSACTION, AND THAT ANY FORMS, MATERIALS, SALES CONTRACTS OR ADDENDUMS ARE USED AT THE USER S SOLE RISK AND SUCH USER AGREES TO COMPLETELY INDEMNIFY AND HOLD HARMLESS FROM ANY LIABILITY WHATSOEVER CLARK SELECT PROPERTIES, INC, GIL CLARK, BROKER, CLARK SELECT.COM, TOTALLYFREEMLS.COM, TOTALLYFREEFURNITURE.COM AND ANY ASSOCIATED ENTITY OR WORLD WIDE WEBSITE AND ANY EMPLOYEES OR ASSISTANTS THEREOF, FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF PROPERTY OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
USER OR CUSTOMER AGREES AND UNDERSTANDS THAT ALL OFFERS, CONTRACTS, CONTINGENCIES, TIME LINES, AND OTHER MATTERS RELATED TO ANY REAL ESTATE TRANSACTION ARE TO BE HANDLED SOLELY BY SUCH USER OR CUSTOMER AND BE THE SOLE RESPONSIBILITY OF SUCH USER OR CUSTOMER, AND THAT NO EMPLOYEE OF CLARK SELECT PROPERTIES, INC. WILL ATTEND THE SETTLEMENT OF ANY PROPERTY PURCHASED. BY ACCESSING AND USING THIS SITE, USER OR CUSTOMER ACCEPTS AND AGREES THAT CLARK SELECT PROPERTIES, INC, GIL CLARK, BROKER, CLARK SELECT.COM, TOTALLYFREEFURNITURE.COM. AND/OR ANY ASSOCIATED ENTITY OR WORLD WIDE WEBSITE AND ANY EMPLOYEES OR ASSISTANTS THEREOF IS NOT REPRESENTING THE USER OR CUSTOMER NOR OFFERING SPECIFIC ADVICE OR CONSULTATION IN ANY MANNER WHATSOEVER. IT IS THE USER OR CUSTOMER RESPONSIBILITY TO ENSURE THAT TIME LINES OR DEADLINES ARE MET IN RESPECT TO OFFERS OR OFFER CONTINGENCIES FOR PROPERTY AND USER OR CUSTOMER AGREES TO COMPLETELY HOLD CLARK SELECT PROPERTIES, INC, GIL CLARK, BROKER, CLARK SELECT.COM, TOTALLYFREEFURNITURE.COM. AND/OR ANY ASSOCIATED ENTITY OR WORLD WIDE WEBSITE AND ANY EMPLOYEES OR ASSISTANTS THEREOF HARMLESS FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF PROPERTY OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DELAYS OR NON-DELIVERY OF ANY DOCUMENTS WHATSOEVER, REGARDLESS OF CIRCUMSTANCES.
IT IS THE USER OR CUSTOMER'S RESPONSIBILITY TO READ, UNDERSTAND AND SEEK LEGAL OR PROFESSIONAL ADVICE RELATED TO CREATING AND/OR REMOVING ANY OFFERS OR OFFER CONTINGENCIES AND TO ARRANGE FOR ANY PROPERTY INSPECTIONS AND PROPERTY FINANCING, AND TO TIMELY EXERCISE ANY RIGHTS, COMPLY WITH ANY DOCUMENT PROVISIONS, AND DELIVER TO THE APPROPRIATE PARTIES ANY DOCUMENTS OR FORMS RELATED TO THE TRANSACTION, INCLUDING A COPY OF ALL DOCUMENTS TO CLARK SELECT PROPERTIES, INC VIA FAX AT 1-866-804-2705 WITHIN 48 HOURS OF RATIFICATION OF ANY SUCH DOCUMENTS TO INCLUDE, BUT NOT BE LIMITED TO, A COPY OF THE SALES CONTRACT WITH ALL ADDENDUMS AND A COPY OF THE HUD-1 SETTLEMENT STATEMENT GIVEN TO BUYER AT SETTLEMENT.
Copyright Notices. The works of authorship contained in this World Wide Website and in any printed materials including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Gil Clark or Clark Select Properties, Inc. or one of its subsidiaries (CSP). Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without CSP's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of CSP's proprietary rights.
CSP OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME, AND DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND CSP DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. CSP RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEB OR PRINTED OFFERINGS WITHOUT PRIOR NOTICE TO THE PURCHASER OR USER. FURTHERMORE, BY OFFERING INFORMATION, PRODUCTS OR SERVICES VIA THIS WORLDWIDE WEBSITE, NO SOLICITATION IS MADE BY CSP TO ANY PERSON TO USE SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
Links to Other Sites. Links to non-CSP websites are provided solely as pointers to information on topics that may be useful to Purchasers or users of the CSP websites, and CSP has no control over the content on such non-CSP websites. If you choose to link to a website not controlled by CSP, CSP makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does CSP warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. CSP does not guarantee the authenticity of documents on the Internet. Links to non-CSP sites do not imply any endorsement of, or responsibility for, the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites. When leaving our site, you should be aware that our terms and policies no longer govern and therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
"Only A Forum". This site and the offers and services offered herein are provided solely as a forum and technical interface that allows you to provide information related to the listing of your home, information related to new homes you may be seeking, and connects homeowners and homebuyers with other Realtor® (licensed real estate agents and brokers) and other house-related service providers. Gil Clark, and where required Clark Select Properties, Inc. is a licensed real estate broker in Virginia, Maryland and the District of Columbia and provides real estate services as provided by law. Gil Clark and Clark Select Properties, Inc. does not provide any real estate services unless a Listing Agreement, Agency Agreement or other appropriate service documents are in force between us, nor is there providing of any appraisal or other house-related services except for referral services to other Realtors® or house-related service providers upon your request in this Site. Although referral services are provided upon your request, we do not sponsor, endorse, recommend or approve of any real estate agent, broker or other house-related service provider who offers services through this Site or otherwise. You should use your independent judgment of the merits of any individual, entity or information that you find on or through, this Site. While we try to confirm that participating real estate agents, brokers and other house-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other house-related service provider who offers services on this Site or otherwise is licensed, qualified, or capable of performing any such service.
Responsibility for Your Conduct. You shall remain solely liable for your conduct and/or any information that you upload or transmit to or from this Site and/or transmit to or from our company via any means including, but not limited to, email, fax or other means. You agree to indemnify and hold harmless Gil Clark, Clark Select Properties, Inc., CSP or any principal or subsidiary from any claim, action, demand, loss or damages (including reasonable attorneys' fees) made or incurred by any party whatsoever arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of any entity or third party.
LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, GIL CLARK, CLARK SELECT PROPERTIES, INC. AND/OR CSP IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE OR IN ANY PRINTED MATERIAL. ALL SUCH INFORMATION IS PROVIDED "AS IS" TO THE PURCHASER OR USER WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHERMORE, CSP WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWER OR OTHER SITE ACCESSING PROGRAM. NOR WILL CSP BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND CSP'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED BY WRITTEN AGREEMENT BETWEEN CSP AND THE USER, CSP WILL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO THE USER AND/OR ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED AT THIS WEBSITE. CSP WILL UNDER NO CIRCUMSTANCES BE LIABLE TO THE USER OR PURCHASER AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOST PROFITS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF CSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Purchaser's or User's access to and use of this or any CSP website, and the terms and conditions of this disclaimer and any offers or services shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, applicable to agreements made and entirely to be performed within the Commonwealth of Virginia, without resort to its conflict of law provisions. Purchaser or User agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Northern Virginia, and Purchaser or User hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
General Terms
No waiver by HomebuyersExpress.com, ClarkSelect.com, TotallyFreeFurniture.com, Gil Clark, Clark Select Properties, Inc. whether express or implied, of any provision of these free furniture offer Terms or Site Terms shall constitute a continuing waiver of such provision or a waiver of any other provision of these offer or Site Terms. Nor shall HomebuyersExpress.com, ClarkSelect.com, TotallyFreeFurniture.com, Gil Clark, Clark Select Properties, Inc. be estopped from enforcing any provision of the offer or these Site Terms, except by written instrument executed by HomebuyersExpress.com, ClarkSelect.com, TotallyFreeFurniture.com, Gil Clark, Clark Select Properties, Inc. Notwithstanding any of these terms and conditions, we reserve the right, without notice and in its sole discretion, to terminate such offer or license to use the Site, and to block or prevent future access to and use of the site or any offers. If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
2002 - 2007, Clark Select Properties, Inc. All rights reserved. Clark Select Properties, Inc., Homebuyers Express™, TotallyFreeFurniture™ and EasyOffer™ are trademarks of Clark Select Properties, Inc™. All other trademarks and service marks are the property of their respective owners.
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 2002 - 2007 Clark Select Properties, Inc. All rights Reserved. No one may reproduce material herein without permission. |
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