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Web Site Terms and Conditions of Usage
IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your (the "User" or "You") use of the BelowMarketProperties. com Web Site (the "Web Site"). These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly. These Terms and Conditions were last updated: March 1, 2006.
1. Permitted Use. User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal educational, informational, and entertainment use. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to, (i) Co-brand the Web Site or portion thereof, or (ii) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion of another web site). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the "Content"). User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.
2. Proprietary
Information.
User acknowledges and agrees that the content accessible
within the Web Site is the proprietary information of the Company
and its content providers, and the Company and its
content providers retain all right, title, and interest in the
Content. Accordingly, User will not reproduce, transmit, publish or
distribute such Content without the express written
consent of the Company or the applicable content provider except
that User may print out a copy of Content solely for User's
personal use. In doing so, User will not remove or alter, or
cause to be removed or altered, any copyright, trademark,
trade name, service mark, or any other proprietary notice or legend
appearing on any of the Content. Copying or duplicating
information, or features from this Web Site is strickly
prohibited. Legal action will be taken against any person or
company who infringe upon trademark and/or copyright laws that
prohibits reproducing or publishing any information from this
Web Site without the written consent of the Company.
3. Disclaimer.
User will have access to a variety of sources of content
through the Internet. The Company has made no effort to verify the
accuracy or suitability of any information contained in any
such sources. Accordingly, the Company will have no liability
or responsibility whatsoever for any content contained within any
such sources. User accesses, uses, and relies upon such content
at User's own risk.
User understands that, except for information, products or
services clearly identified as being supplied by the Company, the
Company does not operate, control or endorse any
information, products or services on the Internet in any way.
User also understands that the Company cannot and does not
guarantee or warrant that files available for downloading from the
Internet will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. Each User is responsible for implementing sufficient
procedures and
checkpoints to satisfy User's particular requirements for
accuracy of data input and output, and for maintaining a means
external to the Web Site for the reconstruction of any lost
data. The Company does not assume any responsibility or risk
for User's use of the Internet.
The Company expressly disclaims any and all warranties with respect to any Content accessible within or through the Web Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
4. Limitation on
Liability.
The Company, its Licensors, service
providers, content providers, employees, agents, officers and
directors will not be liable for any incidental, indirect,
consequential, or special damages, including loss of
revenue or income, pain and suffering, emotional distress or
similar damages, even if the Company has been advised of the
possibility of such damages. In no event will the collective
liability of the Company and its Licensors, service providers,
content providers, employees, agents, officers and directors to any
party (regardless of the form of action, whether in
contract, tort or otherwise) exceed the amount User has paid to the
Company for the applicable Content or service out of which
liability arose.
5. Indemnity.
User will indemnify and hold the Company, its Licensors,
content providers, service providers and contractors (the
"Indemnified Parties") harmless from any breach of these Terms and
Conditions by User, including any use of Content other than as
expressly authorized in these Terms and Conditions. User agrees
that the Indemnified Parties will have no liability in connection
with any such breach or unauthorized use, and agrees to
indemnify any and all resulting loss, damages, judgments, awards,
costs, expenses, and attorneys' fees of the Indemnified Parties in
connection
therewith. User will also indemnify and hold the Indemnified
Parties harmless from and against any claims brought by third
parties arising out of User's use of the information accessed from
the Web Site.
6. Forums.
Information posted on forums, bulletin boards, or similar
portions of the Web Site ("Forums") is supplied by third parties
and other Users unless the Company or its authorized
representative identifies itself as the content poster. Any
opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties
or any other User are those of the respective author(s) and
not of the Company. User will not post any of the following
material in any Forum:
--material which threatens or abuses others, or which is
defamatory or libelous, or which is invasive of another's
privacy;
--material for which User does not have the right to post,
including the proprietary material of any third party;
--material which advocates illegal activity or discusses an
intent to commit an illegal act;
--material for advertising or commercial solicitation;
--material which is vulgar, obscene, pornographic, or
indecent; or
--material which does not pertain directly to the subject
matter of the particular forum.
The Company reserves the right to monitor Forums to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. Notwithstanding these rights, Users remain solely responsible for the content of its postings. User acknowledges and agrees that neither the Company nor any third party content provider will assume or have any liability for any action or inaction by the Company or any third party content provider with respect to any posting on the Forums. User will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company, in its sole discretion, deems offensive.
Further, User hereby grants to Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed.
Copyright 2005 - 2007 www.BelowMarketProperties.com
