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to our Web site. By using our site, you are agreeing to comply with
and be bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you should
not use this site. The term "Site" or "us" or
"we" or "our" refers to ProperDex LLC, the owner
of the Web site. The term "you" refers to the user or
viewer of our Web Site.
1) Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of
Use Agreement ("Agreement") with respect to our site (the
"Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided
by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to using
the Site.
2) Copyright
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the
Site are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of
any such matters or any part of the Site, except as allowed by Section
4 below, is strictly prohibited. You do not acquire ownership rights
to any content, document or other materials viewed through the Site.
The posting of information or materials on the Site does not constitute
a waiver of any right in such information and materials. Some of
the content on the site is the copyrighted work of third parties.
3) Service Marks
properdex.com and others are our service marks or registered service
marks or trademarks. Other product and company names mentioned on
the Site may be trademarks of their respective owners.
4) Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this
Agreement; (b) to use the Site solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information from the Site
solely for internal, personal, non-commercial purposes and provided
that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or its
contents may be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
5) Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information,
materials or documents (collectively defined as "Content and
Materials") therein are subject to the following restrictions
and prohibitions on use: You may not (a) copy, print (except for
the express limited purpose permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of
the Site or any Content and Materials retrieved therefrom; (b) use
the Site or any materials obtained from the Site to develop, of
as a component of, any information, storage and retrieval system,
database, information base, or similar resource (in any media now
existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease,
rental, subscription, or any other commercial distribution mechanism;
(c) create compilations or derivative works of any Content and Materials
from the Site; (d) use any Content and Materials from the Site in
any manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or any third parties;
(e) remove, change or obscure any copyright notice or other proprietary
notice or terms of use contained in the Site; (f) make any portion
of the Site available through any timesharing system, service bureau,
the Internet or any other technology now existing or developed in
the future; (g) remove, decompile, disassemble or reverse engineer
any Site software or use any network monitoring or discovery software
to determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for
the purpose of gathering information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers, invalid or
nonexistent domain names, or other means of deceptive addressing;
and (3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any portion thereof, or
any software available on or through the Site, in violation of the
export control laws or regulations of the United States.
6) Forms, Agreements & Documents
We may make available through the Site or through other Web sites
sample and actual forms, checklists, business documents and legal
documents (collectively, "Documents"). All Documents are
provided on a non-exclusive license basis only for your personal
one-time use for non-commercial purposes, without any right to re-license,
sublicense, distribute, assign or transfer such license. Documents
are provided for a charge and without any representations or warranties,
express or implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. The Documents are
provided "as is", "as available", and with "all
faults", and we and any provider of the Documents disclaim
any warranties, including but not limited to the warranties of merchantability
and fitness for a particular purpose. The Documents may be inappropriate
for your particular circumstances. Furthermore, state laws may require
different or additional provisions to ensure the desired result.
You should consult with legal counsel to determine the appropriate
legal or business documents necessary for your particular transactions,
as the Documents are only samples and may not be applicable to a
particular situation. Some Documents are public domain forms or
available from public records.
7) No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the Site is not
intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of information on the Site or
materials linked to the Site is entirely at your own risk. We are
not a law firm and the Site is not a lawyer referral service.
8) Linking to the Site
You may provide links to the Site, provided (a) that you do not
remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your site does
not engage in illegal or pornographic activities, and (c) you discontinue
providing links to the Site immediately upon request by us.
9) Advertisers
The Site may contain advertising and sponsorships. Advertisers and
sponsors are responsible for ensuring that material submitted for
inclusion on the Site is accurate and complies with applicable laws.
We are not responsible for the illegality or any error, inaccuracy
or problem in the advertisers or sponsors materials.
10) Registration
Certain sections of, or offerings from, the Site may require you
to register. If registration is requested, you agree to provide
us with accurate, complete registration information. Your registration
must be done using your real name and accurate information. Each
registration is for your personal use only and not on behalf of
any other person or entity. We do not permit (a) any other person
using the registered sections under your name; or (b) access through
a single name being made available to multiple users on a network.
You are responsible for preventing such unauthorized use.
11) Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects will
be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely
or otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our
sole discretion to edit or delete any documents, information or
other content appearing on the Site.
12) Third Party Content
Third party content may appear on the Site or may be accessible
via links from the Site. We are not responsible for and assume no
liability for any mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content on the Site.
You understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
13) Unlawful Activity
We reserve the right to investigate complaints or reported violations
of this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to
law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history,
posted materials, IP addresses and traffic information.
14) Indemnification
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, attorneys, advertisers,
product and service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation
of this Agreement or use of the Site.
15) Nontransferable
Your right to use the Site is not transferable or assignable. Any
password or right given to you to obtain information or documents
is not transferable or assignable.
16) Refund and Cancellation Policy
By purchasing a listing package through ProperDex LLC,
you agree that all sales are final. We cannot offer full or partial
refunds for any listing regardless of when your ad was placed or
when your property is sold. Properties may be cancelled at any time
by using the content manager within your control panel.
17) Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE
ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL
FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION
17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US
AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ProperDex.com is not a real estate brokerage. We are only providing
a public area for homeowners and real estate professionals to market
their properties online. ProperDex.com does not receive commissions
or any compensation for the sale of homes via their websites. There
are no additional fees due to ProperDex and/or it’s partners
for successful sales through this website.
ProperDex.com
reserves the right to discontinue or modify any listings at our
sole discretion
Information
presented on this site is provided on an “as-is” basis.
ProperDex LLC and it’s affiliates do not make any representations,
warranties or guarantees, express or implied, regarding the accuracy,
correctness, or completeness of such information, including, without
limitation, pricing, descriptions, designs, data and other features.
It is your sole responsibility to independently evaluate the accuracy,
correctness and completeness of the information presented here.
All information, including pricing, is subject to change without
notice.
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