Agent Site Terms and Conditions
July 28, 2009
Introduction
Welcome to an Agent Site (the "Site") provided by the Web Application for Real Estate (the "Service") an Emanee, LLC ("us", "we", "Emanee" or "The Company") service created to provide real estate professionals (the "Client") a modern online presence.
By accessing or using the Site, you (the "User") have signified you have read, understand and agree to be bound by these Terms and Conditions ("Terms and Conditions" or "Agreement"), whether or not you are a recognized user of the Site.
The Company reserves the right to change, add, or delete portions of these Terms and Conditions at any time without additional notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to be bound by these or any upcoming Terms and Conditions, you should not use the Site. It is your responsibility to frequently check the Site to determine if there have been changes to these Terms and Conditions and to review those changes.
Proprietary Rights
The Site and its content is the proprietary property of the Company, the Client, or its licensors with all rights reserved. No content displayed on this Site may be modified, copied, distributed, reproduced, republished, downloaded, scraped, displayed, transmitted, or sold in any form or by any means, in whole or in part, without the written consent of the Company or the Client guided by the Web Application for Real Estate Terms and Conditions.
Service Requirements
The User must have an internet connection to access the Site. The Company is not responsible for any internet charges that are incurred while viewing the Site. The Company does not guarantee the quality at which you will view or have access to the Site.
Site Content
The Site provides access to information regarding the Client, their business, and related data, excluding Third Party Sites and Content (collectively, "Site Content"). Site Content that is uploaded, posted or provided to the Company by the Client is owned by the Client. The Company may, but is not obligated to regulate the Site Content. The Company does not guarantee or hold any liability concerning the Site Content and its accuracy. The Company is not liable for any Site Content that violates or infringes upon the rights of any third party, including copyright, trademark, privacy, proprietary rights or Site Content that contains offensive or other unlawful material.
User Conduct
As a User, you agree and understand that it is your responsibility to know and uphold the laws of your city, state, and country.
You agree that no materials submitted through the Site or uploaded by you through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, proprietary rights or contain offensive or other unlawful material.
You agree not to use the Site to harvest or collect any informtion including property data, email addresses or other contact information of the clients of the Service or the Site.
You agree not to use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service or the Site.
You agree not to use automated scripts to collect information from or interact with the Service or the Site.
You agree not to upload or otherwise make available any material that contains software viruses or any other computer code, files or programs.
Third Party Sites and Content
The Site may contain advertisements, links to other web sites, and/or data provided by third parties ("Third Party Sites", and "Third Party Content"). The Company does not monitor or check for accuracy the Third Party Sites or Third Party Content and is not responsible for any Third Party Sites or Third Party Content accessed through or displayed on the Site. Displaying or linking to Third Party Sites or Third Party Content does not imply endorsement or approval by the Company. If you choose to access Third Party Sites or Third Party Content you do so at your own risk.
Warrantees
The Company makes no warranties of any kind with respect to the Site or Site Content. The Site, the Service, and the Site Content are provided "as-is". The Company and the Client cannot guarantee and does not promise any specific results from the use of the Site.
The Company is not liable or responsible for any Third Party Content or Site Content that is posted or viewed through the Site. The Company is not responsible for trademark or copyright infringement, illegal, misleading, or false Third Party or Site Content.
The Company does not guarantee and does not warrant that the Site or Site Content is accurate, complete, reliable, current, or error-free. The Company assumes no responsibility for any incurred cost, loss in revenue, customers, personal or corporate equipment, image, or other damage through the use of the Site.
Limited Liability
The Site and Site Content is used at your own risk. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, SUBSCRIBERS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.