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Terms of Service
1. ACCEPTANCE OF TERMS OF USE
By accessing and using this Website, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE WEBSITE IN ANY MANNER. 94598Homes.com reserves the right to limit or terminate your access to the Website if you do not comply with these Terms of Use.
You must be at least 16 to use the Website. If 94598Homes.com discovers through reliable means that you are younger than 16, 94598Homes.com will cancel your account.
94598Homes.com reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Websites after the posting of any changes to the Terms of Use means that you have accepted those changes.
2. RESTRICTIONS ON USE OF THE WEBSITES
Content You Post to the Websites
A. is harmful, threatening, abusive, harassing, tortuous, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
B. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
C. is illegal;
D. is tortuous, defamatory, libelous or invasive of another’s privacy or publicity rights;
E. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
F. you do not have a right to make available under law or contractual or fiduciary relationships;
G. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
H. bears any false, disguised or misleading origin;
I. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment. |
All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via the Websites. 94598Homes.com reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in the Websites and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF THE WEBSITES AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE THE WEBSITES AND THE SERVICES PROVIDED THEREBY.
Prohibited Activities
You may not use the Websites to do any of the following:
A. harass or advocate harassment of another person or entity;
B. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
C. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
D. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
E.transmit unsolicited mass mailings or “spam;”
F. collect or store any information about other users or members, other than in the normal course of using the Websites for their intended purpose of facilitating voluntary communication among users;
G. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.
H. bears any false, disguised or misleading origin;
I. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment. |
You may not do any of the following to the Website:
A. use the Websites in any manner that could damage, disable, overburden, disrupt or impair the Webiste or any 94598Homes.com server, or the network(s) connected to any 94598Homes.com server, or interfere with any other party’s use and enjoyment of the Websites
B. disobey any applicable policies or regulations of networks connected to the Websites;
C. modify, adapt, translate or reverse engineer the Website
D. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Websites;
E.frame the Websites or reformat them in any way; or
F. create user accounts using any automated means or under false pretenses. |
Other Requirements
To the extent that you use or connect to any third party messaging and/or content delivery systems through the Website, you agree that you will comply with all terms and conditions of use for such third party systems, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.
You understand that the Website and services offered thereby are offered to the public free of charge. If you use the Website to advertise products or services in any way other than pursuant to an Advertising Agreement executed by you and 94598Homes.com (“Unauthorized Advertising”), 94598Homes.com reserves the right to restrict your access to the Websites and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using the Website for commercial use, you may request, or 94598Homes.com may request that you work with 94598Homes.com, subject to 94598Homes.com’s approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on the Website.
3. NO RESPONSIBILITY FOR THIRD PARTY CONTENT
You understand that the Website 94598Homes.com will from time to time use a blog to communicate with various parties and that 94598Homes.com does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to 94598Homes.com. 94598Homes.com cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.
You understand that you may be exposed to content that you find offensive to you, and that you use the Websites at your own risk.
4. INTERSTATE AND INTERNATIONAL USE
Users in the European Union consent to the collection and processing of personal information, as described in this Agreement, in the United States. All users understand the potential cross-border nature of communications made using the Website, and acknowledge that using the Website may result in interstate and international transmission of data.
5. NOTICE TO USERS OF 94598HOMES.COM
94598Homes.com reserves the right to terminate a 94598Homes.com user, remove users from a 94598Homes.com account and/or limit the number of log-ins, or Instances of any given 94598Homes.com connection if 94598Homes.com determines in its sole discretion that not doing so could adversely affect the Website, 94598Homes.com, or its users. Users of 94598Homes.com may not create an article on any page or blog or otherwise embed or cause to display any instance of any 94598Homes.com Room on any web site that contains, propagates, or otherwise displays any adult, illegal or patently offensive content.
6. LICENSE AND CONFIDENTIAL INFORMATION
By posting information or content to, or otherwise causing content to be displayed on, the Website, including in any 94598Homes.com article, you automatically grant, and you represent and warrant that you have the right to grant, to 94598Homes.com an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
No information or content of any kind that you submit to 94598Homes.com, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Website shall be deemed confidential or secret information.
7. COPYRIGHT AND TRADEMARKS INFORMATION
COPYRIGHT NOTICE: Copyright © 2008 94598Homes.com, Inc. All Rights Reserved.
“94598Homes.com” is a registered trademark of 94598Homes.com, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders. |
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THIS SITE IS NOT AFFILIATED WITH OR ENDORSED BY
Diverse Solutions, Inc., Zillow.com, Inman News, WordPress ,Inc., OnBoard LLC |
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8. COPYRIGHT POLICY
In addition to any other use restrictions set forth in this Agreement, you may not engage in or facilitate the posting, modification, distribution, reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of 94598Homes.com to terminate all privileges of any user who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Company by the copyright owner or the copyright owner’s legal agent.
9. PRIVACY POLICY
94598Homes.com respects your desire for privacy. 94598Homes.com’s Privacy Policy can be found at privacy.php. By using the Websites, you are consenting to the terms of our Privacy Policy.
10. THIRD PARTY WEB SITES AND CONTENT
The Website may contain links to third-party sites that are not under the control of 94598Homes.com, and 94598Homes.com is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that 94598Homes.com endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. 94598Homes.com is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Websites.
In addition, links to advertising that has not been approved by 94598Homes.com may be embedded in third party content displayed on the Website. 94598Homes.com is not responsible for any content, cookies, or other technology used in connection with such advertising.
11. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE WEBSITES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON THIS WEB SITE IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND 94598HOMES.COM HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, 94598HOMES.COM DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall 94598Homes.com be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use of the Website or information available from the Website.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Website. The Website may contain technical inaccuracies or typographical errors. 94598Homes.com assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Websites.
94598Homes.com may terminate or make changes to all or any portion of the Website, product offerings, and any other information and materials on the Websites and may delete any content that has been submitted to the Website at any time and without notice or liability.
12. INDEMNITY
You agree to indemnify, defend, and hold 94598Homes.com and its affiliates, agents, co-branders, and partners harmless from any claim or demand made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of the Website. Any such indemnification shall include the payment of reasonable attorneys’ fees incurred in the defense of such claim.
13. TERMINATION OF ACCESS TO 94598HOMES.COM; CONSEQUENCES OF VIOLATION OF TERMS OF USE
94598Homes.com reserves the right to terminate your privilege to use the Website at any time for any reason. In addition, 94598Homes.com shall have the right to (i) remove any material that in its sole opinion may violate, or that is alleged to violate, any applicable law or these Terms of Use; (ii) terminate a 94598Homes.com blog article or any other portion of the Websites, and/or remove a user or users from a 94598Homes.com registered MLS Map Search or otherwise terminate any use of the Website if 94598Homes.com determines in its sole discretion or had a good faith concern that such use is unlawful and/or prohibited by these Terms of Use; and (iii) inform law enforcement of any illegal activity or material 94598Homes.com suspects or discovers on, through, or otherwise relating to the Website and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.
14. GENERAL INFORMATION
The Terms of Use, the Privacy Policy and any applicable guidelines posted on the Websites constitute the entire agreement between you and 94598Homes.com, govern your use of the Websites, and supersede any prior agreements between you and 94598Homes.com relating to your use of the Website (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional 94598Homes.com services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing the Website you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Website, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of Walnut Creek in the State of California, USA. The failure of 94598Homes.com to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.
15. COMMENTS AND QUESTIONS
If you have any comments or questions you may address them to the customer service department at 94598Homes.com at info@94598Homes.com or via mail addressed to Customer Service, 94598Homes.com at 1283 Boulevard Way, Walnut Creek CA 94595.
16. BROKER OF RECORD
94598Homes.com. 1283 Boulevard Way Walnut Creek Ca 94595 |
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