HOUSINGINTELLIGENCE.COM

SUBSCRIBER AGREEMENT AND TERMS OF USE

Last Updated 9/27/07

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”) RELATING TO YOUR USE OF THIS WEBSITE, WWW.HOUSINGINTELLIGENCE.COM (“SITE”). THE SUBSCRIPTION SERVICE (“Service”), AND THE INFORMATION, DATA, SOFTWARE, TECHNOLOGY AND THE ACCOMPANYING DOCUMENTATION, REPORTS, PRODUCTS AND MATERIALS DESCRIBED AND/OR SOLD ON OR THROUGH THIS SITE (“Materials”) PROVIDED ON THIS SITE BY BLUESMOKE, LLC (“we,” “us,” “BlueSmoke”). BY CLICKING ON THE CHECK BOX TO “ACCEPT TERMS AND CONDITIONS” ON THE SITE AND THEREAFTER UTILIZING THE SITE, YOU (“User” or “You”) HEREBY AGREE TO BE LEGALLY BOUND BY THIS USER AGREEMENT WHICH INCORPORATES BY REFERENCE THE PRIVACY POLICY AND DMCA NOTICE POSTED ON THIS SITE, AS SUCH DOCUMENTS ARE AMENDED FROM TIME TO TIME. IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE BOUND BY IT, PLEASE DO NOT CLICK ON THE CHECK BOX TO “ACCEPT TERMS AND CONDITIONS” OR OTHERWISE USE THE SITE OR ENTER ANY INFORMATION ABOUT YOURSELF OR TRANSACT ANY BUSINESS THROUGH THIS SITE. THIS USER AGREEMENT IS ALSO INTENDED TO BE USED IN CONJUNCTION WITH ANY OTHER AGREEMENT BETWEEN YOU AND US. ANY CONFLICT BETWEEN THIS AGREEMENT AND SUCH OTHER AGREEMENT SHALL BE RESOLVED IN FAVOR OF SUCH OTHER AGREEMENT, WHICH SHALL CONTROL.

Changes to this Agreement
We reserve the right to modify these terms at any time. In the event that we modify the terms of this Agreement, we will notify you of the change in writing or electronically. The changes will also appear in this document, which you can access at any time through the Terms of Service link at the bottom of the home page of the Site. By using the Site, the Service or Materials after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions, please do not use the Service and promptly contact us to terminate your subscription.

Scope of Use
The contents of this Site, the Service and the Materials are protected by national and international copyright, trademark and other laws, and are the property of BlueSmoke and any other owners. You may not change or delete any author credit, trademark, legend, proprietary or copyright notice. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Site, the Service and the Reports. We grant you a limited, non-exclusive, revocable, non-assignable, non-sublicensable, non-transferable license to access and make personal use of the Site, the Service and the Materials. This license does not include any resale, redistribution, replication, public display, republication or similar commercial use of this Site, or the Service, or its contents or the Materials, except as expressly provided herein or any other agreement that you have entered into with us; any collection and use of any Materials, descriptions, or prices; any derivative use of this Site or its contents or the Materials; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

This Site or any portion of this Site, the Service or the Materials, may not be reproduced, duplicated, copied, sold, resold, visited, modified, disclosed, publicly displayed, reverse engineered, disassembled, decompiled or otherwise exploited for any similar commercial or other purpose without our express written consent or as otherwise permitted in any other Agreement with us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on the website without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use of the Site, Materials or the Service terminates the permission and license granted by us.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray us or any products, Materials or Services offered on the website in a false, misleading, derogatory, or other manner which we deem offensive. You may not post any material or information on the Site that is false, misleading, derogatory, defamatory, obscene, harassing, violative of the law or anyone’s rights or which we deem offensive. We have the right, but not the obligation to monitor your use or other users’ postings or other use of this Site. You may not use any logo or other proprietary graphic or trademark on the website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. We reserve all rights in the Site, the Service and Materials that are not expressly granted under this Agreement and no additional rights or licenses are granted to you by implication, estoppel, course of dealing or otherwise.

The Service is available only for the number of individuals identified when you order the Service. You may occasionally make and distribute a report or related information from the Service in non-electronic form only, to no more than five individuals within your company, without charge, provided you do not modify, amend or otherwise alter the information provided through the Service. You must also include all copyright and other proprietary notices in the same form in which the notices appear on the Service. If you desire to distribute a report to a larger group of individuals, on a regular basis or in any other manner not expressly granted under this Agreement, you must first contact us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or BlueSmoke, LLC, P.O. Box 767518, Roswell, GA 30076 to obtain our consent. You may not reproduce, distribute, transmit, disseminate, decompile, publish or circulate the information received through the Service in any other way, without the express written consent of BlueSmoke. Use, distribution, selling or otherwise making available the information provided through the Service to third parties is expressly prohibited.

Reports
If your access to the Site is in connection with the purchase of the Reports, some of the terms regarding the fees and terms specifically associated with use of the Service may not apply to you. However, all of the other terms and conditions set fort herein apply to your use of the Reports.

Our Right
We reserve the right to terminate or restrict your access to, the Site, the Service, or the Materials if in our opinion, your use may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement. BlueSmoke also reserves the right, but is not obligated, to monitor your and the use of any designated users use of the Site, the Service, or the Materials to ensure compliance with the terms of this Agreement. If we determine, in our sole discretion, from monitoring such use that any use under a user-id and password assigned to you is in violation of this Agreement, we reserve the right to take action we reasonably deem necessary, including but not limited to seeking equitable relief, pursuing legal actions, assessing additional charges, or suspension or termination of the account.

Service Descriptions
We attempt to be accurate when describing our Service and Materials. However, we do not warrant that the Service descriptions, Materials, or the reports and information provided through the Service are complete, reliable, current, or error-free. A description of the Service is set forth in the Frequently Asked Questions.

Fees and Payments
You agree to pay the subscription fees and any other charges incurred in connection with your use of the Materials or Services at the rate in effect when the charges were incurred. A subscription to the Service is provided on a pre-pay term-to-term basis, such as month-to-month or quarter-to-quarter, commencing on the date that you sign up for the Service. A subscription to the Service will automatically be renewed on the term anniversary of that sign-up date. For example on the monthly anniversary date of each month for a monthly subscription or on the quarterly anniversary date of each quarter for a quarterly subscription. We will automatically bill all charges to your credit card. Subscription fees will be billed at the beginning of your subscription or any applicable renewal. All fees are nonrefundable, unless otherwise indicated in writing. We reserve the right to change the fees and charges associated with the Materials or the Service, by giving you prior notice. If you desire to use a different credit card, update the information for your current credit card (e.g. expiration date) or change the billing address associated with your credit card, you must update your account profile or contact us to make these changes. Additional details regarding fees and payment terms are set forth in the Frequently Asked Questions.

Renewal
Your subscription will renew automatically, unless we terminate it, you cancel your subscription through the Site, or you notify us at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or BlueSmoke, LLC, ATTN: Member Services, P.O. Box 767518, Roswell, GA 30076 (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.

Third Party Content
The Site may contain links to other websites, which are completely independent of BlueSmoke. These Sites are not under our control and we are not responsible for the information or links you may find there. BlueSmoke makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Site to which we provide links. We are providing these links only as a convenience and encourage you to read the terms and conditions associated with any third party site to which you link from the Site. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this Site only provides links.

Fraud
Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site.

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Privacy Policy. For a complete description of how we use and protect your personal information, see the Privacy Policy. The Privacy Policy is a part of this Agreement and is incorporated herein by reference. By clicking on the check box to “AGREE TO THE TERMS AND CONDITIONS,” you are agreeing to be bound by the terms of the Privacy Policy. If you object to your personal information being transferred or used in this way please do not use this Site or click on the check box to “AGREE TO THE TERMS AND CONDITIONS.”

Passwords
The owner of the Service or Materials account is responsible for maintaining the confidentiality of any user-id and password assigned to its designated users, as well as all activity that occurs under the user-ids and passwords distributed through this Site. The user-ids and passwords should not be made available to non-designated individuals or other entities. If the owner of the Service or the Materials account, or any of its designated individuals, provides other individuals with access to the user-ids and passwords, such individual will have the ability to act on behalf of the Service or the Materials account owner (for which you will be held responsible), view information about your account and make changes through the Site for your use of the Service or the Materials. In the event you discover any unauthorized use any user ids and passwords, you agree to notify us promptly at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or BlueSmoke, LLC, P.O. Box 767518, Roswell, GA 30076.

Additionally, you agree to promptly notify us if you make any changes to your mailing address or email address by updating your account profile on the Site, so we can continue to contact you when necessary. If we send a notice to an old mailing address or email address, which you failed to update, such notice shall be deemed sufficient notice.

Disclaimers
THE SERVICES, THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEITHER BLUESMOKE NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT THE SERVICES AND MATERIALS OR ANY FUNCTIONS CONTAINED IN OR PROVIDED THROUGH THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BLUESMOKE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER BLUESMOKE NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS SITE, SERVICES OR MATERIALS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BLUESMOKE OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST AND RISK ASSOCIATED WITH YOUR USE OF THIS SITE, THE SERVICES AND MATERIALS.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability
IF FOR ANY REASON YOU ARE NOT SATISFIED WITH THIS SITE, THE SERVICE, MATERIALS OR THE CONTENT OF THE SITE, YOUR SOLE REMEDY IS TO CEASE USING THIS SITE, THE SERVICES OR MATERIALS. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL BLUESMOKE OR ANY OF ITS RESPECTIVE, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, SPECIAL OR CONSEQUENTIAL, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SERVICES OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BLUESMOKE OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE).

THE MAXIMUM LIABILITY OF BLUESMOKE, ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT, SERVICES OR MATERIALS SHALL BE IN THE AGGREGATE AND LIMITED TO DIRECT ACTUAL DAMAGES NOT TO EXCEED THE ACTUAL AMOUNTS PAID TO BLUESMOKE HEREUNDER, REDUCED BY ANY AMOUNT DUE BLUESMOKE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL BLUESMOKE OR ANY OF ITS RESPECTIVE, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, SPECIAL OR CONSEQUENTIAL, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SERVICES OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BLUESMOKE OR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR ANY OF ITS OR THEIR RESPECTIVE, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) BEYOND THE ACTUAL AMOUNTS PAID TO IT HEREUNDER.

IN ADDITION, IF YOU PURCHASE OR LICENSE ANY THIRD PARTY PRODUCTS, SERVICES OR TECHNOLOGY THROUGH THIS SITE, SUCH TRANSACTION WILL BE GOVERNED BY A SEPARATE AGREEMENT BETWEEN YOU AND THE SELLER OF SUCH PRODUCTS OR SERVICES. SUCH AGREEMENT MAY PROVIDE ITS OWN SEPARATE WARRANTIES AND OTHER PROTECTIONS TO YOU. EXCEPT AS OTHERWISE PROVIDED IN THIS USER AGREEMENT OR IN ANY OTHER AGREEMENT WITH US, YOU SHOULD CAREFULLY REVIEW AND CONSULT YOUR AGREEMENT(S) WITH SUCH THIRD PARTIES, AND LOOK SOLELY TO THOSE AGREEMENT(S) IN CONNECTION WITH ANY ISSUES OR PROBLEMS THAT YOU MAY HAVE WITH SUCH THIRD PARTY PRODUCTS OR SERVICES.

To the full extent permissible by applicable law, you hereby release, agree and covenant not to sue BlueSmoke our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your use of the Site, other than willful misconduct on our part.

Applicable law may not allow the limitation on liability, so the above limitation may not apply to you.

Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to us at BlueSmoke, LLC, P.O. Box 767518, Roswell, GA 30076 and to you at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing.

Arbitration
Any controversy or claim between you and us or our subsidiaries and affiliates, and our officers, directors and employees, arising out of or relating to this Agreement or your use of the Site, or the Service or the Materials, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.

Taxes
You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.

Severability
The invalidity of any portion of this Agreement will not affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Indemnity
You agree to defend, indemnify and hold harmless BlueSmoke its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys fess, that arise from your use of the Site, the Services, or Materials; your posting, downloading or transmission of all communications or material on this site; your submission of comments, posts, or other information to this website; or from your violation of applicable law. Nothing in these terms and conditions will be construed to make us your agent, employee, joint venture, partner, franchisee-franchisor or legal representative of any of the others. None of us will either have or represent itself to have any authority to bind another to any obligation.

Governing Law
These terms will be governed by and construed in accordance with the laws of Georgia. Accordingly, the laws of Georgia, will be used exclusively to construe, govern, and enforce these terms, excluding all conflict of laws rules except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of Georgia. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the Georgia courts and you consent to the exclusive jurisdiction of the state and federal courts located in Georgia. This Agreement is deemed to have been entered into and executed in Georgia.

Injunctive Relief
In the event you breach or threaten breach of this Agreement, you acknowledge and agree that We will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding BlueSmoke’s rights to relief in either law or equity.

Breach
Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the website in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; or (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties.

Continuing Cooperation
The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this User Agreement.

Your Age
We intend that this Site and the Services and Materials be used by adults only and users that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site, Services and Materials should not be used by minors. If you do not qualify, you are not permitted to use the Site, the Services or order the Materials, and you do not have our consent to do so.

Miscellaneous
If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire Agreement between you and us relating to the subject matter it contains. This Agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or BlueSmoke, LLC, ATTN: Member Services, P.O. Box 767518, Roswell, GA 30076.

The Materials are © copyrighted by us. No part of the Materials may be copied, or changed in any format, sold, or used in any way other than what is outlined within the Materials, this User Agreement or any other agreement between the parties, under any circumstances.