If you do not agree to be bound by the Terms contained herein, you may not use our services or this website. The WheelEstateHomes.com
website and the services offered or provided on it (the "Services") are offered to you (the "User" or "Member") under the following terms and conditions of service and use (the "Terms"). The Services are provided to you exclusively under these Terms. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification. As used on this website, the terms "we", "us", or "our" refer to WheelEstateHomes.com.com
. You understand, agree and acknowledge that your use and the Services provided to you are exclusively governed by these Terms which cannot be modified by you. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement the Terms.
- General Terms:
- Users of WheelEstateHomes.com agree not to do any of the following:
- Violate any local, state, federal or international law.
- Solicit any person or company using any telephone number or email address found on WheelEstateHomes.com for any reason other than the purchase of the manufactured homes for sale on WheelEstateHomes.com.
- Extract any information from WheelEstateHomes.com for commercial use or collect, harvest or store personal data about other users including email addresses or other such information, or contact sellers for any purpose other than responding to the content posted by such sellers.
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
- Misrepresent themselves as actual buyers or sellers.
- Interfere with or disrupt the Services or servers or networks connected to the WheelEstateHomes.com website or the other Services.
- In providing us with information from time to time, whether in the registration process or in listing a home for sale, Users and Members 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.
- Users, Sellers or Members may be assigned individual account names and password. You are responsible for maintaining the confidentiality of your account name and password and you are solely responsible for all activities that occur under your account name and password. You agree to immediately notify us of any unauthorized use of your account name and 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 LISTING NUMBER AND/OR PASSWORD.
- You acknowledge that WheelEstateHomes.com is not a real estate broker, mortgage broker, mortgage lender, or manufactured home retailer/dealer. We do not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property or personal property.
- Terms relating to listing a home on WheelEstateHomes.com
- By creating an account and/or submitting listings to WheelEstateHomes.com, you understand and agree that all the listing information you provide will be publicly available to anyone. WheelEstateHomes.com makes absolutely no attempt to verify, validate, or protect any listing information provided to us in any way whatsoever, and you are solely responsible for the content of the information you provide.
- When listing homes, creating accounts, or entering company information on WheelEstateHomes.com, email addresses, URLs, URIs, and/or their descriptions may only be entered in fields specifically designated and labeled for that information. Entering linking or contact information of this type in other locations is not allowed.
- You are solely responsible for all acts or omissions that occur under your listing, including the accuracy and completeness of all content that you (or anyone using your account) submit, post or transmit through the Services. You must comply with all of the general terms herein, including providing true, accurate and responsible information.
- WheelEstateHomes.com is not responsible for and does not control or police any emails or telephone calls our users may receive. Once an email or telephone number is advertised it is public information.
- You understand and agree that WheelEstateHomes.com provides listing service only and is not a licensed real estate broker, realty agent, or manufactured home retailer/dealer.
- By posting, inputting or otherwise submitting information to our web site, you are representing you are the rightful owner of such information and are granting us the right, license and privilege to use such information or data in any way we deem appropriate. We have the right, but not the obligation, to monitor and review the content on the web site and provided through use of the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes.
- You understand and acknowledge that we do not pre-screen or monitor content for accuracy or reliability, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove any content from the Services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any content that violates the Terms, that we believe may create liability for us, or that we deem otherwise objectionable.
- Terms related to finding a home on WheelEstateHomes.com
- The listings and advertisements herein are merely invitations to bid and are not offers to sell. All properties are subject to prior sale or withdrawal.
- WheelEstateHomes.com is strictly an online listing service and does not control or police the content of the listings on our site. The content is provided by the listing party. The accuracy of the information on this website is not guaranteed, nor does WheelEstateHomes.com make any representation about the suitability of the information and/or the services for the purposes intended by the User or Member. Any information or content on this website is provided "as is".
- WheelEstateHomes.com is providing listing service only and is not a licensed real estate broker, realty agent, or manufactured home retailer/dealer.
- Terms related to Pay-Per-Click advertising on WheelEstateHomes.com
- WheelEstateHomes.com retains the right to edit or delete any ad submitted for any reason. If we edit an ad, we will send email notification to the address of the account holder. Typical reasons for removing or editing ads are listed below.
- The ad must use Standard English. The ad can not have unusual repetitions, capitalization, or punctuation.
- The ad may not contain phone numbers or physical addresses.
- The ad must be clear, grammatically correct and use vocabulary appropriate for general viewing.
- The landing page of the ad must have content that reflects the text of the ad.
- The ad may not link to any web site WheelEstateHomes.com chooses not to affiliate with. Typical examples include, but are not limited to, our competitors, or sites having inappropriate material e.g. hate/racist, adult, gambling, illegal drug use, etc.
Attempts to submit non-conforming ads can result in an account being cancelled if WheelEstateHomes.com believes the account holder is not submitting the ads in good faith.
Terms related to the community information on WheelEstateHomes.com
- The target website of the ad must function: the link(s) cannot be broken.
- The Back Button must work at the target website.
- The target website can not spawn more than one pop-up
Advertisers, Services, and Links
- The information related to manufactured housing communities is made available as a service to the User and Members, for the sole purpose of aiding you, the individual consumer. WheelEstateHomes.com cannot and does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.
Limitation on Warranties and Damages; Indemnity
- WheelEstateHomes.com is a distributor of information supplied by third parties and users of the Services. We cannot monitor all of the information received or maintain editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by persons listing homes, other users of the Services, advertisers, links or other referred to or using the website are those of the respective author(s) or d istributor(s) of that information and not of WheelEstateHomes.com. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement.
- By posting, inputting or otherwise submitting information to our web site, you are representing you are the rightful owner of such information and are granting us the right, license, and privilege to use such information or data in any way we deem appropriate. We have the right, but not the obligation, to monitor and review the content on the web site and provided through use of the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes.
- Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our listings, advertisers, or sponsors found on or through the Services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such listing parties, advertisers or sponsors. YOU AGREE THAT WheelEstateHomes.com SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH LISTING PARTIES, ADVERTISERS OR SPONSORS ON OR THROUGH THE SERVICES.
- Our provision of a link to any other web site or location is for your convenience and does not signify our endorsement of such other web site or location or its contents. Any concerns you may have regarding any external link should be directed to that link's web site administrator or webmaster. WheelEstateHomes.com SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB SITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
- YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY LISTINGS, COMMUNITY INFORMATION, OR OTHER INFORMATION, PRODUCTS, SERVICES OR THAT OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) THAT DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THAT THE WheelEstateHomes.com WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WheelEstateHomes.com is strictly an online listing service and does not control or police the content of the listings on our site. Further, WheelEstateHomes.com does not control or police any emails or telephone calls our users may receive. Once an email or telephone number is advertised it is public information. The accuracy of the information on this website is not guaranteed. WheelEstateHomes.com makes no representation about the suitability of the information and/or the services for any purpose. WheelEstateHomes.com shall not be responsible for errors, misprints, omissions or any misinformation.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WheelEstateHomes.com OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO ANY OF THE FOLLOWING:
- The use or the inability to use the Services.
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into, through or from the Services.
- Unauthorized access to or alteration of your transmissions or data.
- Statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including intellectual property rights.
- Your failure to adequately safeguard your password or access to the listing or the Services.
- Any content you access through the Services, including, but not limited to, any errors or omissions in any content, or your use of or reliance on any listing or content posted, emailed or otherwise transmitted through the Services.
- Termination of your access to or use of the Services as provided herein.
- The deletion or failure to store any listing, information or data, communications or content maintained or transmitted by or through the Services.
- Any modification, suspension or discontinuance of the Services (or any part thereof) or these terms.
- Use of or reliance on any listing, content, goods or services available on any other Web sites that you access through the Services.
- Any other matter relating to the Services or these Terms.
- By using the site or Services, you agree that the MAXIMUM LIABILITY, IF ANY, OF WheelEstateHomes.com FOR ALL DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM WheelEstateHomes.com's BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE PAID FOR THE SERVICES AT ISSUE IN THE DISPUTE, OR $500, WHICHEVER IS LESS.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
- You agree to indemnify, defend and hold harmless WheelEstateHomes.com, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (1) any information or content that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account) use of the Services, (3) your (or anyone using your account) violation of these Terms, (4) your (or anyone using your account) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the WheelEstateHomes.com web site or other Services.
- Modifications of Terms or Services
- WheelEstateHomes.com may change the Terms from time to time without prior notification to you. IT IS YOUR RESPONSIBILTIY TO CHECK TO SEE IF THE TERMS HAVE BEEN CHANGED. Each time you access the web site you will be governed by the Terms then in effect. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification. In addition, when using particular portions of the Services, you will be governed by additional terms, which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
- WheelEstateHomes.com reserves the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified.
- You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services.
- Other Terms
- No reproduction, distribution, or transmission of the materials in this site is permitted without the written permission of WheelEstateHomes.com unless otherwise specified.
- The issuance, use, and revocation of sub domains based on WheelEstateHomes.com is at the discretion of WheelEstateHomes.com. WheelEstateHomes.com retains the right to reserve or reassign these sub domain names for any reason.
- Certain of the names, logos, and other materials displayed on the WheelEstateHomes.com web site and in and through the Services constitute trademarks, trade names, service marks or logos ("Marks") of WheelEstateHomes.com or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
- The content of the Services, including without limitation, text, software, music, sound, photos, graphics, page layout and design and other material contained in the Services or information presented through the Services by WheelEstateHomes.com, is the property of WheelEstateHomes.com and/or its licensors, is subject to intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by WheelEstateHomes.com or its licensors. The content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of WheelEstateHomes.com and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any content. You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WheelEstateHomes.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
- The Terms and the relationship between you and WheelEstateHomes.com shall be governed by the laws of the State of Texas as applied to agreements made, entered into and performed entirely in Texas by Texas residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal or state courts having jurisdiction over Kent County, Texas, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.