Branson Real Estate and Home TV Channel for Branson, MO Realty Professionals.

VISITOR AGREEMENT and TERMS OF USE
ACCEPTANCE OF TERMS
We welcome you to our website (the "Site"), which is available as part of the HomeStation TV service subject to these terms of use. This Site and the HomeStation TV service is operated by Momentum Marketing, LLC. All references in this agreement to "we" and "our" shall refer to Momentum Marketing LLC. In visiting our Site or using our Site and the HomeStation television station to advertise, you accept the following agreement and agree to abide by its provisions and the provisions of the Privacy Policy which is attached hereto and incorporated herein by this reference. The internet is an evolving medium. We may change the terms of these terms of use from time to time to address new issues or situations. By continuing to use this Site after we post notice of any such changes, you agree to accept the new terms. If you are advertising your real estate for sale on this Site, HomeStation TV may post your voice, contact name, telephone number, pager number, photograph, e-mail address and/or certain other information that you provide to HomeStation TV both on this Site and on a television station which will be transmitted to cable subscribers in the cable system (the "System").
SUMMARY OF HOW THIS AFFECTS THE ADVERTISER 1. The advertiser agrees to receive unsolicited email from HomeStation TV (your email will not be sold or distributed to any third parties) 2. The advertiser agrees preview his/her television and website listings, as HomeStation TV and Momentum Marketing LLC will not be held liable for the content or appearance of any such listings.
PRIVACY
Our Privacy Policy http://www.homestation.tv/privacypolicy.pdf tells you what you may expect concerning personal information you may provide to us while using our Site. Its provisions are considered a part of these Terms of Use. Please take a moment to review it.
LIMITED ACCESS
From time to time, this Site may be unavailable without notice, for maintenance, updating or for reasons that may be beyond our control.
Some portions of our Site contain confidential or proprietary information and we may limit access to individuals that are advertising on the Site. Access by unauthorized persons without our permission is prohibited and anyone with log in access is responsible for maintaining the confidentiality of access information.
Use of this Site in any way that violates any law, regulation or rule of professional conduct is prohibited. We reserve the right to block access to any user if we find any violation of the above or of this Visitor Agreement and Terms of Use or if we deem it necessary in order to protect our rights or access by others.
Certain portions of our Site may have special terms or limitations of use. These will be posted where applicable or noted with a link to pages detailing these provisions. The advertising service offered through this Site is limited to use by real estate agencies, real estate agents and individuals that are selling their homes.
LIMITED USE
You may only use the Site for legal purposes. You may not use the Site or its services to publish, post, distribute or disseminate any defamatory, obscene or other unlawful material or information, including another's proprietary information, without express authorization from the rights holder. You may not use the Site to collect or harvest personal information, including Internet addresses, about other users of the Site. By using this Site, you agree to comply with all applicable laws and regulations including without limitation the CAN-SPAM Act and all real estate laws, rules and regulations, including without limitation the Fair Housing Act. You represent and warrant that (i) all advertisements that you ask HomeStation TV to create on your behalf comply with all applicable laws, governmental and industry codes, rules and regulations and with our commercial and program standards; (ii) your advertisement contains no defamatory matter and do not violate any right of privacy or publicity, or any other proprietary or other rights of any third persons; (iii) your advertisement do not violate any law or other governmental rule or regulation, or infringe upon any copyright, trademark, service mark, music rights, or other intellectual property right of any party, or give rise to any product liability or other claim; and (iv) you are a fully licensed real estate agent and broker in good standing and fully licensed to sell the real estate that you advertise through HomeStation TV and/or you are the owner of the property being advertized.
We reserve the right to reject any request for advertising for any real estate, property, good or service or any other purpose and to restrict use of this Site to anyone who uses this Site or the Service in a manner which we deem inappropriate. Your advertisement is subject to the approval (before, during or after the scheduled run of your advertisement) of HomeStation TV, System and any programming service on which the advertisement is to be cablecast ("Service"). We may refuse at any time to post or cablecast your advertisement in all or parts of the area serviced by the System that we or the System determines, in its sole discretion, to be illegal, unsatisfactory, unsuitable, contrary to the public interest, or contrary to its business interests. This Agreement does not obligate us to cablecast or post any advertisement, sound recordings or material inconsistent with the policies or practices of HomeStation TV, System or Service. If any advertisement is unsatisfactory, we shall make reasonable efforts to notify you. Unless you furnish satisfactory material 5 days before the scheduled posting and cablecast time, we may at our option: (i) substitute our own program at no charge to you, (ii) terminate this Agreement without liability or charge to either party, and/or (iii) hold you liable for all time reserved. We and System may solicit, post and cablecast advertisements or announcements that compete with your business, products or services. You may not use the Site or its services to advertise anything other than real estate. HomeStation TV may refuse to advertise any real estate or any other property, good or service that HomeStation TV decides in the sole discretion is unacceptable.
USE BY CHILDREN
Our Site is not intended for use by children and we do not knowingly seek or accept personal information from children under the age of thirteen. Children below that age should get permission from a parent or guardian before using our Site or using the services. Please see our Privacy Policy at http://www.homestation.tv/privacy.pdf. for additional information. Our Site requests age information from Sellers and prohibits any sales by minors under the age of 18.
CABLECAST OF YOUR ADVERTISEMENT
Initially the ads will be cablecast on Channel 63 of the System, but HomeStation TV reserves the right to change that channel from time-to-time in its sole discretion without providing notice to you. Notwithstanding anything to the contrary in any other agreement that you may have with HomeStation TV, you will not receive any details of the duration, cost, date or time of the cablecast of your advertisement with your invoice, and you may not terminate your advertising contract online. Removing or deactivating listings from the HomeView website does not constitute or imply termination of the Agency contract. Listing reservations will not be refunded even if reservations have gone unused. System may substitute for the cablecast of your advertisement any matter that System deems, in its sole discretion, to be of greater local or national importance and the cablecast of your advertisement is preemptible in accordance with HomeStation TV’s standard traffic policies. If System does not cablecast or post part or all of your advertisement at any stipulated time, System may cablecast your advertisement at subsequent times. Notwithstanding anything to the contrary in this Agreement, if your advertisement airs on the System for at least ninety percent (90%) of the time ordered, you agree to pay in full. In the event of a mechanical failure, equipment problem, utility outage, technical problem, act of God, accident, fire, flood, tornado, hurricane, lock-out, strike or other labor dispute, war, terrorist act, earthquake, explosion or any other event beyond our reasonable control (a "Force Majeure Event"), we and System shall not be liable for any failure to perform. If a Force Majeure Event affects our performance under this Agreement, you agree to pay in full once an average of seventy percent (70%) of the System’s cable nodes are functioning in any twenty-four (24) hour period in a way that gives the majority of subscribers in the applicable area the ability to receive the Service on which your advertisement airs.
TERMINATION OR EXPIRATION
If you advertise on this Site, any material that you provide to us or that we develop for you for the Site or for cablecast on the System may be destroyed by HomeStation TV upon expiration or termination of your listing.
TIMEFRAME
It may take us up to ten (10) business days from when we receive all information from you before that information is posted to the Site and is cablecast on the System.
CONTENT LICENSE
We grant you the right to copy or print one copy of the contents of this Site to which you have permitted access. Any use is limited by law, any rules of professional conduct and is subject to revocation upon notice to you. Use of any directory information is not permitted for solicitation or sales purposes without our express written consent.
LACK OF WARRANTIES OR LIABILITY
Use of this Site and its contents, as modified from time to time, is provided "as is" and "as available", without warranty and subject to these Terms of Use. Specifically, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THIS SITE OR ANY INFORMATION, ADVERTISEMENT, REAL ESTATE, IMAGE OR DATA IT MAY CONTAIN. WE DO NOT GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, WITHOUT OMISSIONS OR INACCURACIES, FRAUD, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL ASPECTS. YOUR USE IS SOLELY AT YOUR RISK. BEFORE PURCHASING REAL ESTATE THAT YOU HAVE READ ABOUT ON THIS SITE, YOU SHOULD DO REASONABLE DUE DILIGENCE, INCLUDING MAKING REASONABLE INQUIRES THAT THE SELLER, AGENT OR AGENCY IS NOT MAKING FRAUDULENT REPRESENTATIONS AND YOU SHOULD CONFIRM AND MAKE REASONABLE ATTEMPTS TO VERIFY ANY INFORMATION (INCLUDING THE PRICE) THAT IS IMPORTANT TO YOUR PURCHASING DECISION. HomeStation TV IS NOT RESPONSIBLE FOR AND DOES NOT GUARANTEE THE PRICE OR ANY REPRESENTATIONS MADE BY THE SELLER, THE AGENT OR THE AGENCY. HomeStation TV DOES NOT REPRESENT AND WARRANT THAT THE AGENTS OR AGENCIES POSTING INFORMATION ON THIS SITE AND ON THE SYSTEM ARE PROPERLY LICENSED TO SELL REAL ESATE BY THE APPROPRIATE REAL ESTATE GOVERNING BODY. YOU SHOULD INQUIRE WITH THE APPROPRIATE REAL ESTATE GOVERNMENT BODY TO CONFIRM THAT THE REAL ESTATE AGENTS AND AGENCIES ARE PROPERLY LICENSED TO SELL REAL ESTATE AND ARE IN GOOD STANDING. HomeStation TV EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. www.homestation.tv and HomeStation TV is a service that brings home sellers, real estate agents and agencies and real estate buyers together. Information about particular merchandise is supplied by the seller, the agent or the agency, not by HomeStation TV. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. Though we hope that all who come to the Site will act honorably and treat each other fairly, we cannot verify the information they supply or guarantee the merchandise they offer. When using this service to find a buyer for your merchandise or merchandise you can buy, we urge you to use the same common sense and good judgment you would in selling or buying real estate, or responding to, a classified ad in the newspaper. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILATES, THE CABLE SYSTEM THAT AIRES THE AD (THE "SYSTEM") OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, VENDORS OR OTHERS RELATED IN ANY WAY TO US BE LIABLE TO YOU OR TO ANYONE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL, DIRECT OR INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OR THE SAME. ANY LIABILITY WE MAY HAVE SHALL BE STRICTLY LIMITED TO ANY COST CHARGED BY US TO YOU FOR ACCESS TO THIS SITE. By posting advertising, messages, uploading files, inputting data, or engaging in any other form of communications through this Site or the service, you are granting Momentum Marketing LLC and its affiliated entities a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: 1. Use, copy, sublicense, adapt, transmit, retransmit, distribute and/or publicly perform or display any such communication; 2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, patent laws or the law of ideas under any relevant jurisdiction. By submitting material to us or the Site, you are representing that you are the owner of the material or are making your submission with the express consent of the owner. Submitting material that is the property of another without the express consent of its owner, is not only a violation of this Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights. Any information that you provide to us is provided on a non-confidential basis.
INDEMNITY
YOU AGREE, UPON OUR REQUEST, TO DEFEND, INDEMNIFY AND HOLD US, THE SYSTEM AND OUR AFFILIATES AND EACH OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, VENDORS AND THOSE OF OUR AFFILIATES FROM ALL LIABILITIES, CLAIMS, ATTORNEYS’ FEES, DAMAGES, COSTS AND EXPENSES THAT MAY ARISE FROM ANY VIOLATIONS OF LAW OR REGULATIONS (INCLUDING WITHOUT LIMITATION ANY VIOLATTION OF THE FAIR HOUSING ACT), CLAIMS FOR DEFAMATION, LIBEL, UNFAIR COMPETITION, UNFAIR TRADE PRACTICE, VIOLATION OF RIGHTS OF PRIVACY OR OF PUBLICITY, CLAIMS FOR MUSIC LICENSE FEES AND/OR ROYALTIES (EXCEPT FOR THE PERFORMANCE OF MUSIC ON THE SYSTEM), INFRINGEMENT OF TRADEMARK, TRADE NAME, COPYRIGHT OR ANY OTHER PROPRIETARY RIGHTS, OR ANY OTHER CLAIMS, CAUSES OF ACTION OR THE LIKE ARISING DIRECTLY OR INDIRECTLY FROM THE POSTING ON THE SITE OR THE CABLECASTING ON THE SYSTEM OF ANY MATERIAL FURNISHED BY YOU OR CREATED BY MOMENTUM MARKETING LLC AT YOUR REQUEST AND/OR RESULTING FROM YOUR BREACH OF ANY REPRESENTATION OR WARRANTY HEREUNDER, OR YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE OR THE USE OR MISUSE OR THIS SITE. WE RESERVE THE RIGHT TO ASSUME OUR OWN DEFENSE, AT YOUR EXPENSE, AND TO REQUIRE YOU TO COOPERATE IN ANY SUCH CIRCUMSTANCE.
THIRD PARTY WEBSITES
This Site may contain links to other sites on the Internet. We have no control or responsibility for such sites and disclaim any responsibility for their availability, content or for any consequences from their use. The presence of such a link does not imply any endorsement of the site, its content or its provider.
Third party websites may provide links to this Site at its home page and without framing or inline linking; provided that such website or its provider does not disparage us or our Site and provided that no unauthorized connection to us or our Site is stated or implied. We may, at any time, in our sole judgment and without cause, revoke any license to link to this Site.
REFUND GUIDELINES
We adhere to the following guidelines for requests for refunds of listing fees:
1. We will not provide any refund, for any reason, if the request for refund is received by us more than 72 hours after a listing has been placed. If you contact us after 72 hours, we will correct any minor mistakes we have made in the listing that you inform us of in writing, but cannot offer a refund. 2. A refund will be provided by us only for the following reasons: (i) your listing is materially different from what you ordered and you wish to cancel the listing, or (ii) you mistakenly ordered duplicate listings and seek to cancel and obtain a refund on one of the duplicate listings only. 3. We cannot provide a refund for any other reason. For example, we cannot provide a refund if you change your mind about the listing or its content, or if you have made mistakes in submitting the listing, or if you have not received any inquiries or offers to purchase the merchandise through the Site, or if the merchandise has already been sold through other means. We also cannot provide a refund if we made mistakes in the content of the listing, unless the erroneous listing is materially different from what you ordered. In a case where we have made a mistake, we will make the necessary corrections to the listing. 4. If you made minor mistakes submitting your listing, or if you change your mind about specific content, we will make the appropriate corrections to the listing. There will be no cost associated with making a reasonable number of these corrections.
CHOICE OF LAW AND FORUM FOR DISPUTES
The laws of the state of Missouri, without regard to the conflict or choice-of-law provisions thereof, shall govern this Agreement.
CONTACTING US
If you have questions about these Terms of Use, or about our Site, or if any of your material is posted inaccurately, you can contact us by info@homestation.tv or call 417-337-3434.
GENERAL TERMS
These Terms of Use and the attached policies and the mutually executed terms and conditions for the cablecast of your ad constitute the entire agreement between us and you concerning your use of this Site. Any failure to exercise or enforce any right or term shall not constitute a waiver. If any provision is found by law to be invalid, the court is to give effect to the parties’ intentions as they are stated here and the other provisions are to remain in full force and effect. Any discrepancy, dispute or disagreement by you with any cablecast, service or amount charged hereunder (a "dispute") must be reported to us in writing within ten (10) business days from the last scheduled air date or posting (whichever is later), time being of the essence. Your failure to do so shall constitute a waiver of any claim by you arising from the dispute. Any claim or cause of action arising from or related to your use of this Site must be filed with a court named above within one (1) year from the date it arose or be forever barred. The indemnity provisions set forth above shall survive the cancellation, expiration or termination of this Agreement. You may not transfer or assign this Agreement, including the rights hereunder, without our prior written consent. We are not required to advertise for anyone other than you or for any real estate requested by you and accepted by us. The obligations of all parties are subject to the terms of applicable licenses and to federal, state and local laws and regulations. We will not return tapes, photos and other material provided by you. Material used by us for your advertisement may be used by us in commercials for other customers and will not necessarily be retained by us. We and/or System may deliver copies of your material to any third party pursuant to a subpoena, court order or similar judicial process without notice to, or consent of, you.
REVISIONS
These Terms of Use were established effective June 28, 2004. Since the Internet, our Site and the laws that apply to both can change, we reserve to right to update or change our policy from time to time. Any changes will be posted as soon as is reasonably possible and will note their effective date.

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VISITOR AGREEMENT and TERMS OF USE ACCEPTANCE OF TERMS We welcome you to our website (the "Site"), which is available as part of the HomeStation TV service subject to these terms of use. This Site and the HomeStation TV service is operated by Momentum Marketing, LLC. All references in this agreement to "we" and "our" shall refer to Momentum Marketing LLC. In visiting our Site or using our Site and the HomeStation television station to advertise, you accept the following agreement and agree to abide by its provisions and the provisions of the Privacy Policy which is attached hereto and incorporated herein by this reference. The internet is an evolving medium. We may change the terms of these terms of use from time to time to address new issues or situations. By continuing to use this Site after we post notice of any such changes, you agree to accept the new terms. If you are advertising your real estate for sale on this Site, HomeStation TV may post your voice, contact name, telephone number, pager number, photograph, e-mail address and/or certain other information that you provide to HomeStation TV both on this Site and on a television station which will be transmitted to cable subscribers in the cable system (the "System"). SUMMARY OF HOW THIS AFFECTS THE ADVERTISER 1. The advertiser agrees to receive unsolicited email from HomeStation TV (your email will not be sold or distributed to any third parties) 2. The advertiser agrees preview his/her television and website listings, as HomeStation TV and Momentum Marketing LLC will not be held liable for the content or appearance of any such listings. PRIVACY Our Privacy Policy http://www.homestation.tv/privacypolicy.pdf tells you what you may expect concerning personal information you may provide to us while using our Site. Its provisions are considered a part of these Terms of Use. Please take a moment to review it. LIMITED ACCESS From time to time, this Site may be unavailable without notice, for maintenance, updating or for reasons that may be beyond our control. Some portions of our Site contain confidential or proprietary information and we may limit access to individuals that are advertising on the Site. Access by unauthorized persons without our permission is prohibited and anyone with log in access is responsible for maintaining the confidentiality of access information. Use of this Site in any way that violates any law, regulation or rule of professional conduct is prohibited. We reserve the right to block access to any user if we find any violation of the above or of this Visitor Agreement and Terms of Use or if we deem it necessary in order to protect our rights or access by others. Certain portions of our Site may have special terms or limitations of use. These will be posted where applicable or noted with a link to pages detailing these provisions. The advertising service offered through this Site is limited to use by real estate agencies, real estate agents and individuals that are selling their homes. LIMITED USE You may only use the Site for legal purposes. You may not use the Site or its services to publish, post, distribute or disseminate any defamatory, obscene or other unlawful material or information, including another's proprietary information, without express authorization from the rights holder. You may not use the Site to collect or harvest personal information, including Internet addresses, about other users of the Site. By using this Site, you agree to comply with all applicable laws and regulations including without limitation the CAN-SPAM Act and all real estate laws, rules and regulations, including without limitation the Fair Housing Act. You represent and warrant that (i) all advertisements that you ask HomeStation TV to create on your behalf comply with all applicable laws, governmental and industry codes, rules and regulations and with our commercial and program standards; (ii) your advertisement contains no defamatory matter and do not violate any right of privacy or publicity, or any other proprietary or other rights of any third persons; (iii) your advertisement do not violate any law or other governmental rule or regulation, or infringe upon any copyright, trademark, service mark, music rights, or other intellectual property right of any party, or give rise to any product liability or other claim; and (iv) you are a fully licensed real estate agent and broker in good standing and fully licensed to sell the real estate that you advertise through HomeStation TV and/or you are the owner of the property being advertized. We reserve the right to reject any request for advertising for any real estate, property, good or service or any other purpose and to restrict use of this Site to anyone who uses this Site or the Service in a manner which we deem inappropriate. Your advertisement is subject to the approval (before, during or after the scheduled run of your advertisement) of HomeStation TV, System and any programming service on which the advertisement is to be cablecast ("Service"). We may refuse at any time to post or cablecast your advertisement in all or parts of the area serviced by the System that we or the System determines, in its sole discretion, to be illegal, unsatisfactory, unsuitable, contrary to the public interest, or contrary to its business interests. This Agreement does not obligate us to cablecast or post any advertisement, sound recordings or material inconsistent with the policies or practices of HomeStation TV, System or Service. If any advertisement is unsatisfactory, we shall make reasonable efforts to notify you. Unless you furnish satisfactory material 5 days before the scheduled posting and cablecast time, we may at our option: (i) substitute our own program at no charge to you, (ii) terminate this Agreement without liability or charge to either party, and/or (iii) hold you liable for all time reserved. We and System may solicit, post and cablecast advertisements or announcements that compete with your business, products or services. You may not use the Site or its services to advertise anything other than real estate. HomeStation TV may refuse to advertise any real estate or any other property, good or service that HomeStation TV decides in the sole discretion is unacceptable. USE BY CHILDREN Our Site is not intended for use by children and we do not knowingly seek or accept personal information from children under the age of thirteen. Children below that age should get permission from a parent or guardian before using our Site or using the services. Please see our Privacy Policy at http://www.homestation.tv/privacy.pdf. for additional information. Our Site requests age information from Sellers and prohibits any sales by minors under the age of 18. CABLECAST OF YOUR ADVERTISEMENT Initially the ads will be cablecast on Channel 63 of the System, but HomeStation TV reserves the right to change that channel from time-to-time in its sole discretion without providing notice to you. Notwithstanding anything to the contrary in any other agreement that you may have with HomeStation TV, you will not receive any details of the duration, cost, date or time of the cablecast of your advertisement with your invoice, and you may not terminate your advertising contract online. Removing or deactivating listings from the HomeView website does not constitute or imply termination of the Agency contract. Listing reservations will not be refunded even if reservations have gone unused. System may substitute for the cablecast of your advertisement any matter that System deems, in its sole discretion, to be of greater local or national importance and the cablecast of your advertisement is preemptible in accordance with HomeStation TV’s standard traffic policies. If System does not cablecast or post part or all of your advertisement at any stipulated time, System may cablecast your advertisement at subsequent times. Notwithstanding anything to the contrary in this Agreement, if your advertisement airs on the System for at least ninety percent (90%) of the time ordered, you agree to pay in full. In the event of a mechanical failure, equipment problem, utility outage, technical problem, act of God, accident, fire, flood, tornado, hurricane, lock-out, strike or other labor dispute, war, terrorist act, earthquake, explosion or any other event beyond our reasonable control (a "Force Majeure Event"), we and System shall not be liable for any failure to perform. If a Force Majeure Event affects our performance under this Agreement, you agree to pay in full once an average of seventy percent (70%) of the System’s cable nodes are functioning in any twenty-four (24) hour period in a way that gives the majority of subscribers in the applicable area the ability to receive the Service on which your advertisement airs. TERMINATION OR EXPIRATION If you advertise on this Site, any material that you provide to us or that we develop for you for the Site or for cablecast on the System may be destroyed by HomeStation TV upon expiration or termination of your listing. TIMEFRAME It may take us up to ten (10) business days from when we receive all information from you before that information is posted to the Site and is cablecast on the System. CONTENT LICENSE We grant you the right to copy or print one copy of the contents of this Site to which you have permitted access. Any use is limited by law, any rules of professional conduct and is subject to revocation upon notice to you. Use of any directory information is not permitted for solicitation or sales purposes without our express written consent. LACK OF WARRANTIES OR LIABILITY Use of this Site and its contents, as modified from time to time, is provided "as is" and "as available", without warranty and subject to these Terms of Use. Specifically, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THIS SITE OR ANY INFORMATION, ADVERTISEMENT, REAL ESTATE, IMAGE OR DATA IT MAY CONTAIN. WE DO NOT GUARANTEE THAT THE SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, WITHOUT OMISSIONS OR INACCURACIES, FRAUD, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL ASPECTS. YOUR USE IS SOLELY AT YOUR RISK. BEFORE PURCHASING REAL ESTATE THAT YOU HAVE READ ABOUT ON THIS SITE, YOU SHOULD DO REASONABLE DUE DILIGENCE, INCLUDING MAKING REASONABLE INQUIRES THAT THE SELLER, AGENT OR AGENCY IS NOT MAKING FRAUDULENT REPRESENTATIONS AND YOU SHOULD CONFIRM AND MAKE REASONABLE ATTEMPTS TO VERIFY ANY INFORMATION (INCLUDING THE PRICE) THAT IS IMPORTANT TO YOUR PURCHASING DECISION. HomeStation TV IS NOT RESPONSIBLE FOR AND DOES NOT GUARANTEE THE PRICE OR ANY REPRESENTATIONS MADE BY THE SELLER, THE AGENT OR THE AGENCY. HomeStation TV DOES NOT REPRESENT AND WARRANT THAT THE AGENTS OR AGENCIES POSTING INFORMATION ON THIS SITE AND ON THE SYSTEM ARE PROPERLY LICENSED TO SELL REAL ESATE BY THE APPROPRIATE REAL ESTATE GOVERNING BODY. YOU SHOULD INQUIRE WITH THE APPROPRIATE REAL ESTATE GOVERNMENT BODY TO CONFIRM THAT THE REAL ESTATE AGENTS AND AGENCIES ARE PROPERLY LICENSED TO SELL REAL ESTATE AND ARE IN GOOD STANDING. HomeStation TV EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. www.homestation.tv and HomeStation TV is a service that brings home sellers, real estate agents and agencies and real estate buyers together. Information about particular merchandise is supplied by the seller, the agent or the agency, not by HomeStation TV. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. Though we hope that all who come to the Site will act honorably and treat each other fairly, we cannot verify the information they supply or guarantee the merchandise they offer. When using this service to find a buyer for your merchandise or merchandise you can buy, we urge you to use the same common sense and good judgment you would in selling or buying real estate, or responding to, a classified ad in the newspaper. UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILATES, THE CABLE SYSTEM THAT AIRES THE AD (THE "SYSTEM") OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, VENDORS OR OTHERS RELATED IN ANY WAY TO US BE LIABLE TO YOU OR TO ANYONE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL, DIRECT OR INDIRECT, PUNITIVE OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OR THE SAME. ANY LIABILITY WE MAY HAVE SHALL BE STRICTLY LIMITED TO ANY COST CHARGED BY US TO YOU FOR ACCESS TO THIS SITE. By posting advertising, messages, uploading files, inputting data, or engaging in any other form of communications through this Site or the service, you are granting Momentum Marketing LLC and its affiliated entities a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: 1. Use, copy, sublicense, adapt, transmit, retransmit, distribute and/or publicly perform or display any such communication; 2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, patent laws or the law of ideas under any relevant jurisdiction. By submitting material to us or the Site, you are representing that you are the owner of the material or are making your submission with the express consent of the owner. Submitting material that is the property of another without the express consent of its owner, is not only a violation of this Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights. Any information that you provide to us is provided on a non-confidential basis. INDEMNITY YOU AGREE, UPON OUR REQUEST, TO DEFEND, INDEMNIFY AND HOLD US, THE SYSTEM AND OUR AFFILIATES AND EACH OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, VENDORS AND THOSE OF OUR AFFILIATES FROM ALL LIABILITIES, CLAIMS, ATTORNEYS’ FEES, DAMAGES, COSTS AND EXPENSES THAT MAY ARISE FROM ANY VIOLATIONS OF LAW OR REGULATIONS (INCLUDING WITHOUT LIMITATION ANY VIOLATTION OF THE FAIR HOUSING ACT), CLAIMS FOR DEFAMATION, LIBEL, UNFAIR COMPETITION, UNFAIR TRADE PRACTICE, VIOLATION OF RIGHTS OF PRIVACY OR OF PUBLICITY, CLAIMS FOR MUSIC LICENSE FEES AND/OR ROYALTIES (EXCEPT FOR THE PERFORMANCE OF MUSIC ON THE SYSTEM), INFRINGEMENT OF TRADEMARK, TRADE NAME, COPYRIGHT OR ANY OTHER PROPRIETARY RIGHTS, OR ANY OTHER CLAIMS, CAUSES OF ACTION OR THE LIKE ARISING DIRECTLY OR INDIRECTLY FROM THE POSTING ON THE SITE OR THE CABLECASTING ON THE SYSTEM OF ANY MATERIAL FURNISHED BY YOU OR CREATED BY MOMENTUM MARKETING LLC AT YOUR REQUEST AND/OR RESULTING FROM YOUR BREACH OF ANY REPRESENTATION OR WARRANTY HEREUNDER, OR YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE OR THE USE OR MISUSE OR THIS SITE. WE RESERVE THE RIGHT TO ASSUME OUR OWN DEFENSE, AT YOUR EXPENSE, AND TO REQUIRE YOU TO COOPERATE IN ANY SUCH CIRCUMSTANCE. THIRD PARTY WEBSITES This Site may contain links to other sites on the Internet. We have no control or responsibility for such sites and disclaim any responsibility for their availability, content or for any consequences from their use. The presence of such a link does not imply any endorsement of the site, its content or its provider. Third party websites may provide links to this Site at its home page and without framing or inline linking; provided that such website or its provider does not disparage us or our Site and provided that no unauthorized connection to us or our Site is stated or implied. We may, at any time, in our sole judgment and without cause, revoke any license to link to this Site. REFUND GUIDELINES We adhere to the following guidelines for requests for refunds of listing fees: 1. We will not provide any refund, for any reason, if the request for refund is received by us more than 72 hours after a listing has been placed. If you contact us after 72 hours, we will correct any minor mistakes we have made in the listing that you inform us of in writing, but cannot offer a refund. 2. A refund will be provided by us only for the following reasons: (i) your listing is materially different from what you ordered and you wish to cancel the listing, or (ii) you mistakenly ordered duplicate listings and seek to cancel and obtain a refund on one of the duplicate listings only. 3. We cannot provide a refund for any other reason. For example, we cannot provide a refund if you change your mind about the listing or its content, or if you have made mistakes in submitting the listing, or if you have not received any inquiries or offers to purchase the merchandise through the Site, or if the merchandise has already been sold through other means. We also cannot provide a refund if we made mistakes in the content of the listing, unless the erroneous listing is materially different from what you ordered. In a case where we have made a mistake, we will make the necessary corrections to the listing. 4. If you made minor mistakes submitting your listing, or if you change your mind about specific content, we will make the appropriate corrections to the listing. There will be no cost associated with making a reasonable number of these corrections. CHOICE OF LAW AND FORUM FOR DISPUTES The laws of the state of Missouri, without regard to the conflict or choice-of-law provisions thereof, shall govern this Agreement. CONTACTING US If you have questions about these Terms of Use, or about our Site, or if any of your material is posted inaccurately, you can contact us by info@homestation.tv or call 417-337-3434. GENERAL TERMS These Terms of Use and the attached policies and the mutually executed terms and conditions for the cablecast of your ad constitute the entire agreement between us and you concerning your use of this Site. Any failure to exercise or enforce any right or term shall not constitute a waiver. If any provision is found by law to be invalid, the court is to give effect to the parties’ intentions as they are stated here and the other provisions are to remain in full force and effect. Any discrepancy, dispute or disagreement by you with any cablecast, service or amount charged hereunder (a "dispute") must be reported to us in writing within ten (10) business days from the last scheduled air date or posting (whichever is later), time being of the essence. Your failure to do so shall constitute a waiver of any claim by you arising from the dispute. Any claim or cause of action arising from or related to your use of this Site must be filed with a court named above within one (1) year from the date it arose or be forever barred. The indemnity provisions set forth above shall survive the cancellation, expiration or termination of this Agreement. You may not transfer or assign this Agreement, including the rights hereunder, without our prior written consent. We are not required to advertise for anyone other than you or for any real estate requested by you and accepted by us. The obligations of all parties are subject to the terms of applicable licenses and to federal, state and local laws and regulations. We will not return tapes, photos and other material provided by you. Material used by us for your advertisement may be used by us in commercials for other customers and will not necessarily be retained by us. We and/or System may deliver copies of your material to any third party pursuant to a subpoena, court order or similar judicial process without notice to, or consent of, you. REVISIONS These Terms of Use were established effective June 28, 2004. Since the Internet, our Site and the laws that apply to both can change, we reserve to right to update or change our policy from time to time. Any changes will be posted as soon as is reasonably possible and will note their effective date.
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