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Membership privileges are granted by Company to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the Company web site without express written permission from Company. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Company.
Company requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Company system. Members are not permitted to share their individual logon information with others. Company has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the Company website, or abuses their rights related to the Company service.
Upon registration, which is free, User becomes a Basic Member. A Basic Member may search the Company property listings Service.
Company utilizes email as a vital and primary communication channel with Users. As a registered member, Users hereby acknowledge and grant Company the permission to communicate with Users via email (as well as other communication channel such as phone and fax) for any purposes Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use best efforts to honor User's request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered Users/customers.
Warranties and Limitation of Liability
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem. By using this website, including any applets, software, and content contained therein, you agree that use of this website is entirely at your own risk.
THIS WEBSITE, ITS USE AND THE SERVICES THAT THIS WEBSITE PROVIDES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF DAMAGES). THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, BY OR AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER THE COMPANY NOR ANY OF ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS WEBSITE, ITS USE AND/OR THE SERVICES THAT THIS WEBSITE PROVIDES OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE COMPANY, ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Company is an independent company that provides real estate marketing services and does not own, in whole or in part, any of the properties offered on this website unless disclosed as such in writing.
The Company is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on this website, and is the copyright owner or licensee of the content and/or information on this website including but not limited to any screens appearing on this website. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement, for any purpose. However, you may print a copy of the information on this website for your personal use or records. If you make other use of this website, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and you may be subject to penalties. The Company does not grant any license or other authorization to any User of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this website.
Links from and to this Website
You acknowledge and agree that the Company has no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by the Company of the sponsors of such websites or the content, products, advertising or other materials presented on such sites.
Information in the web pages that are linked to this website comes from a variety of sources. Some of this information comes from official Company licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to the Company. The Company does not author, edit, or monitor any of these pages or links. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external websites or resources.
The Company may use third-party advertising companies to serve ads on this website. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. If you would like more information about this practice and your choices, click here.
Compliance with Laws and Regulations
Your access to and use of this website are subject to all applicable federal, state, local, and international laws and regulations.
The Company prohibits unauthorized hypertext links to this website or the framing of any content available through this website. The Company reserves the right to disable any unauthorized links or frames.
Use of "Cookies"
The Company reserves the right to store information on your computer in the form of a "cookie" or similar file or device for the purpose of modifying this website to enhance your browsing experience and track your website navigation preferences. If you do not wish to permit "cookies" to be stored on your computer, you may disable them by following the instructions provided with your browser software. If you elect to disable "cookies," however, please be aware that you will not be able to use certain websites and that your browsing experience at the Company's Website and other sites may suffer.
Downloaded content, such as reports, requiring User to enter an email address automatically grants User membership and subscribes them to receive email communication such as newsletters from Company.
The Company reserves the right to seek all remedies available for violation of the Agreement, including the right to block access from a particular Internet address to this website.
The materials and information contained within this website are provided on an “AS IS” basis and “AS AVAILABLE” basis, without representations or warranties of any kind. The Company expressly disclaims any and all such representations and warranties, either expressed or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. The Company does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Company may make changes to the material at any time without notice. While Company strives to keep the information in these materials accurate and current, Company cannot guarantee the accuracy, completeness or timeliness of the information. Information within these materials may contain technical inaccuracies or typographical errors. Company reserves the right to make changes, corrections and/or improvements to the information contained within these materials at any time, without notice. This is not an offering for securities.
User agrees to indemnify and hold harmless the Company and its stockholders, directors, employees, agents, successors, assigns and affiliates from and against (and will pay upon demand each such person the amount of) any and all third-party claims, demands, losses, liability, damages, or expenses (including reasonable attorney's fees) resulting from, arising out of, relating to or caused by any breach by User of any covenant or other agreement of User contained in this Agreement or any breach by User of any representation or warranty of User contained in this Agreement. In connection with any action or proceeding that may give rise to an obligation of User to indemnify a person as set forth above, the Company shall have the exclusive right, at its option, to defend, compromise and/or settle the action or proceeding, and the User shall be bound by the determination of any action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to the Company or any other party to be indemnified pursuant to this section.
Applicable Law; Forum
All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by the internal law, not the law of conflicts, of the State of . Any suit, action or proceeding against either the Company or User with regard or related to this Agreement, the rights and obligations of the User or the Company under this Agreement, this website, the use of this website and/or the services that this website provides shall be brought in . The User and the Company hereby irrevocably consent to the jurisdiction of the aforementioned courts. In addition, and notwithstanding the foregoing, the User irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon User and may be enforced in any court in which User is subject to jurisdiction by a suit upon such judgment.
Waiver of Trial by Jury
THE COMPANY AND USER EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY COURT AND IN ANY SUIT, ACTION OR PROCEEDING, WHETHER IN TORT, CONTRACT OR OTHERWISE, IN WHICH ANY SUCH PARTY, OR ANY SUCCESSOR OR ASSIGN OF SUCH PARTY, ARE PARTIES, AS TO ALL MATTERS AND THINGS ARISING OUT OF OR RELATING, DIRECTLY OR INDIRECTLY, TO THIS AGREEMENT, THE RIGHTS AND OBLIGATIONS OF THE USER OR THE COMPANY UNDER THIS AGREEMENT, THIS WEBSITE, THE USE OF THIS WEBSITE AND/OR THE SERVICES THAT THIS WEBSITE PROVIDES.
Other Terms Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Waiver of Contractual Right
The failure of the Company to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the Company's right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.
Parties in Interest
This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties to this Agreement and their respective successors, heirs, legatees, personal representatives and permitted assigns. No assignment, delegation or other conveyance of this Agreement or of any rights or obligations hereunder may be made by User (by operation of law or otherwise) without the prior written consent of the Company. The Company may assign its rights and obligations under this Agreement to any other party.
The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement. Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the context may require.
This Agreement constitutes the entire agreement between the User and the Company and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and the Company with respect to this website, the use of this website and/or the services that this website provides. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last Updated: January 1, 2009
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