PropertyMinder WIKI:General disclaimer

From PropertyMinder WIKI

Revision as of 15:47, 10 June 2011

Terms of Use

General

PropertyMinder and its affiliates ("PropertyMinder") operate this Web site and the associated Web pages. We refer to this site and the associated Web pages as the "Site". Any person accessing or using the Site is referred to as "you".

Acceptance of Terms

By accessing, viewing or using the Site, any of its parts or any service made available on or through it (“Services”), you agree to comply with these Terms of Use as they may be modified by PropertyMinder without notice (“Terms of Use”). These Terms of Use constitute a binding contract between PropertyMinder and you. You are responsible for regularly reviewing the Terms of Use. If you are not willing to be bound by these Terms of Use, please do not access or use the Site.

Use of Site

You may access and use the Site only for your personal and non-commercial use. You agree to access and use the Site only for legal purposes that are permitted by these Terms of Use. Among other things, you agree not to:

modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site, including engaging in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining lists of users or other information;

damage, disable, overburden or impair the Site or interfere with any person's use or enjoyment of the Site; or obtain or attempt to obtain any materials or information through any means not made readily accessible by PropertyMinder on the Site.

In addition, you agree that you will not access or attempt to access password-protected, secure or non-public areas of the Site and will not create or maintain links from any Web site or Web page to any page of the Site. You agree that PropertyMinder may in its sole discretion and at any time terminate your access to and use of the Site or part thereof, with or without notice, for failure to comply with these Terms of Use or other reasons. In addition, PropertyMinder reserves the right, in its sole discretion, to modify or discontinue any Service or portion thereof, with or without notice, and without liability to you or any other person.

Nothing on the Site is an offer or promise by PropertyMinder to sell a specific product for a specific price or to engage in any other transaction or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, PropertyMinder does not make any representation or warranty with respect to any Service or any third-party products or services, and is not responsible for the accuracy, sufficiency, veracity, completeness, or timeliness of any such product or service. You are responsible for confirming the sufficiency and reliability of any services, and you hereby release PropertyMinder from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Note that PropertyMinder is not a real estate broker, mortgage broker or mortgage lender and PropertyMinder does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.

Content of Site

The Site and all of its contents, including all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials (collectively, “Content”) is owned by PropertyMinder and/or third parties with all rights reserved unless otherwise noted. PropertyMinder grants you a limited license to access and use the Site and Content solely for personal and non-commercial purposes. You are prohibited from downloading (other than page caching), modifying or making any other use of the Site or Content except with express written consent of PropertyMinder. You understand that all third party Content posted on, transmitted through or linked from the Site is the sole responsibility of the third party originator of such Content. Content is provided through the PropertyMinder Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall PropertyMinder be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services. You acknowledge that PropertyMinder does not screen or approve third-party Content and that PropertyMinder shall have the right (but not the obligation) in its sole discretion to refuse, modify or delete any Content.

Content You Provide

To the extent that you post, upload, input, submit or otherwise transmit (collectively, "Transmit" or "Transmitting") Content on or through the Site, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Site. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to transmit such Content and to transfer your or others’ interests in such Content to PropertyMinder as provided below. In addition, you promise that you will not use the PropertyMinder Network to transmit any Content:

not related to appropriate subject matters; which is misleading to others, including consumers; that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; that you do not have a right to post and transmit under any law or under contractual relationships; such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or which intentionally or unintentionally violates any applicable local, state, national or international law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act and the Equal Credit Opportunity Act.

By Transmitting Content to the PropertyMinder Network, you grant, and you represent and warrant that you have the right to grant, to PropertyMinder an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Site, you grant PropertyMinder all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any party for any purpose.

GeneralApplicable Law

These Terms of Use are governed by the laws of the State of California, without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the federal and state courts sitting in Santa Clara County, California for all disputes arising out of or relating to accessing or using the Site or any Content. Access or use of any Site is not authorized in any jurisdiction in which it is legally forbidden or that does not give effect to all provisions of these Terms. You agree that no joint venture, partnership or employment or agency relationship exists between you and PropertyMinder as a result of accessing or using any Site. PropertyMinder's performance under these Terms of Use is subject to existing laws and nothing in the Terms of Use is in derogation of PropertyMinder's right to comply with law.

Interpretation

If any part of these Terms is determined to be invalid or, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. Except for any written contract between you and PropertyMinder, these Terms of Use constitute the entire agreement between you and PropertyMinder with respect to any Site.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, THE CONTENT AND THE SERVICES IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROPERTYMINDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS OR TIMELINESS OF THE SITE OR ANY SERVICES OR CONTENT. PROPERTYMINDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD PROPERTYMINDER AND ITS VENDORS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY PERSON DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED OR OTHERWISE PROVIDED BY YOU TO THIS SITE OR ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS OR REPRESENTATIVES OF THESE TERMS OF USE.

Limitation of Liability

IN NO EVENT SHALL PROPERTYMINDER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF USE, DATA OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS OR ANY OTHER SITE, WITH DELAY OR INABILITY TO ACCESS OR USE THE SITE OR RELATED SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS OR SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROPERTYMINDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE AND ALL OTHER USE OF SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Copyright

All materials on the Site and its organization and layoutare owned and copyrighted or licensed by PropertyMinder, its corporate affiliates or its third-party vendors. © PropertyMinder, Inc. 2000-2010, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials is permitted without the prior written permission of PropertyMinder. Any rights not expressly granted herein are reserved.