Terms & Conditions
YOUR
USE OF THIS WEB SITE AND THE TECHNOLOGY PROVIDED THEREIN
(collectively, the "propertybbs.com
System"), OR, IF YOU ARE A
PROPERTY REPRESENTATIVE YOUR REGISTRATION
AND UPLOADING OF INFORMATION ONTO
THE PROPERTYBBS.COM SYSTEM, CONSTITUTES
ACCEPTANCE OF THE TERMS AND CONDITIONS
PROVIDED
BELOW (the "Terms").
PROPERTYBBS.COM MAY MODIFY THE TERMS, AMPLIFY THE TERMS, AS WELL AS DICONTINUE
OR CHANGE SERVICES OFFERED AT ANY
TIME. YOU MAY VIEW THE MOST UP-TO-DATE
VERSION OF THE TERMS AT ANY TIME
AT http://www.propertybbs.com
SECURITY
You may not tamper with other accounts,
commit unauthorized intrusion into
any part of propertybbs.com System
or
use the propertybbs.com System
to intrude into any other system.
You may not use propertybbs.com
services
not included in your listing agreement.
Acts of interference, including
but not limited to, password cracking,
defrauding
others into releasing their passwords,
denial-of-service attacks (sending
packets with an illegal packet
size,
UDP flooding, ping-flooding, half-open
TCP connection flooding, etc.)
are prohibited. You agree to maintain
your password to access the propertybbs.com
System
confidential, not to share it with
others and you shall not permit
others to use the propertybbs.com
System
through your password. You shall
contact propertybbs.com promptly
if you suspect that the security
of your password
may have been compromised.
LINKS
The propertybbs.com System may
contain links to other web sites
("Linked Sites"). The
Linked Sites are not under propertybbs.com'
control and
propertybbs.com
is not responsible for the contents
of any Linked Site, including without
limitation any link contained
in
a Linked Site, or any changes or
updates to a Linked Site. propertybbs.com
is not responsible for webcasting
or any other form of transmission
received from
any Linked Site. propertybbs.com
provides such links
to you only as a convenience, and
the inclusion of any
link does not imply endorsement
by propertybbs.com of the Linked
Site or any association with its
operators.
USE
Information obtained via the propertybbs.com
System is for your internal use
only and may not be further
disseminated, published or otherwise
disclosed without propertybbs.com'
prior written consent. As a condition
of your use of the propertybbs.com
System, you represent,
warrant and covenant to propertybbs.com
that you will not use the propertybbs.com
System for any purpose
that is unlawful or prohibited
by these Terms and that your use
of the propertybbs.com System shall
not be
for purposes of copying propertybbs.com'
business model, system designs,
content or for extracting information
to create or provide a competing
site or system. You
may not use the propertybbs.com
System in any manner that could
damage, disable, overburden, or
impair the
web site or interfere with any
other party's use and enjoyment
of the propertybbs.com System.
You may not
obtain or attempt to obtain any
materials or information from the
propertybbs.com System through
any means not
expressly authorized by propertybbs.com.
propertybbs.com may terminate your
access to any or all of the propertybbs.com
System at any time without notice
for any reason whatsoever.
USE OF SERVICES
The propertybbs.com System may
contain various types of e-mail,
direct and other communications
facilities
designed to enable users to communicate
and send
requests for information and/or
other messages or communications
(collectively, "Services").
You agree to use the Services only
to post, send and receive
messages
and material that are proper and
related to the particular Service.
By way of example, and not
as a limitation,
you agree that when using the Service,
you will not:
-
Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights
(such
as rights of privacy and publicity) of others.
-
Publish, post, upload, distribute
or disseminate any inappropriate, profane,
defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
-
Send messages that contain
software or other material protected by intellectual
property
laws (or by rights of privacy or publicity) unless you own or control
the rights thereto or have
received all necessary consents.
-
Send messages that contain
viruses, corrupted files, or any other similar
software
or programs that may damage the operation of another's computer.
-
Send messages
that contain false or misleading information.
-
Advertise,
quote or offer to sell or lease property
that you do not have
the ability to sell.
-
Conduct or forward surveys,
contests, pyramid schemes or chain letters.
-
Receive
without notifying propertybbs.com any message
sent by another user
of a Service that you know, or reasonably should know, cannot be legally distributed
in such manner.
-
Restrict
or inhibit any other user from using and
enjoying the Services.
-
Violate any code of
conduct or other guidelines which may be
applicable for any particular Service.
-
Harvest
or otherwise collect information about
others, including contact information such
as e-mail addresses,
for
the purpose of building "contact" or "lead" lists.
-
Violate
any applicable laws or regulations.
propertybbs.com shall have no obligation
to monitor the Services.
However, propertybbs.com reserves the right to review materials
posted to the Service and
to remove any materials
in its sole discretion. propertybbs.com reserves
the right to terminate your access
to any
or all of the Services at
any time without notice for any reason whatsoever.
propertybbs.com further reserves
the right
at all times to disclose any information
as necessary to satisfy any applicable
law, regulation, legal process or governmental
request,
or to edit, refuse to post or to
remove any information or materials, in whole or
in part, in its sole discretion.
Materials sent to the Service
may
be subject to posted limitations
on usage, reproduction
and/or dissemination. You are responsible for
adhering
to such limitations if you received
the materials.
You may not send unsolicited
e-mail to any recipient that has not specifically
made its e-mail available for such purposes.
You agree not to
transmit, promote, or otherwise
make available any software, product
or service that
is either illegal or designed
to violate
these Terms. Such software, products or services
include, but are not limited to,
programs designed to send
unsolicited advertisements (i.e., "spamware") and services
which send unsolicited advertisements. You may not
continue to send e-mail to a recipient if recipient
has requested that you discontinue such communication.
propertybbs.com prohibits the transmission of e-mail
that is false, misleading, harassing, libelous, defamatory,
legally obscene or pornographic, threatening, abusive
or hateful to non-consenting recipients. The forwarding
or propagation of chain letters of any type (including
charity requests or petitions for signatures) is prohibited. "Mailbombing" (i.e.,
flooding a user
or site
with large
or numerous
e-mail messages)
is prohibited.
MATERIALS
PROVIDED TO propertybbs.com
OR POSTED ON THE
propertybbs.com SYSTEM
propertybbs.com does not
claim ownership
of the
materials provided
to propertybbs.com
or posted,
uploaded, inputted
or submitted
to the
propertybbs.com System
(collectively "Submissions").
However, by
registering, posting,
uploading, inputting
or submitting
your Submission
you are
granting to
propertybbs.com and
its sublicensees
permission to
use your
property information
in connection
with the
operation of
the propertybbs.com
System and
its use
by others
including, without
limitation, the
rights to:
publicly display,
reformat your
Submission, and
publish your
name in
connection with
your Submission
on the
propertybbs.com web
site and
any other
web sites
to which
propertybbs.com provides
content.
No compensation
will be
paid with
respect to
the use
of your
Submission. propertybbs.com
is
under no
obligation to
post or
use any
Submission you
may provide
and may
remove any
Submission at
any time
in its
sole discretion.
By posting,
uploading, inputting,
providing or
submitting your
Submission you
warrant and
represent that
you own
or otherwise
control all
of the
rights to
your Submission
as described
in this
section including,
without limitation,
all the
rights necessary
for you
to provide,
post, upload,
input or
submit the
property information.
You
represent and warrant
to propertybbs.com that
the
information provided
by you in your
listing form
is true, complete
and correct
and you agree
to update such information
record periodically
as needed. propertybbs.com
cannot accept
payments from
persons who
are not at
least eighteen (18) years
of age.
Property
representatives registering
to upload their property
information onto the
propertybbs.com System
agree to the following
additional terms
and conditions:
-
Each supplier hereby grants to
propertybbs.com a non-exclusive, royalty-free license,
for as long as the property representative’s
listing with propertybbs.com remains in effect,
to display the representative’s listing and
company contact information on the propertybbs.com
System,
including the propertybbs.com web site and other
sites that propertybbs.com may provide content.
Each property
representative further authorizes propertybbs.com
to grant sublicenses to propertybbs.com users or
other
users to access, search and use the property representative’s
property information
via the
propertybbs.com System
pursuant to
these Terms.
-
Property representative’s
not desiring to
have their Submissions displayed on the propertybbs.com
System at web sites other than the propertybbs.com
web site
may opt-out by
notifying
propertybbs.com in
writing via facsimile or e-mail.
-
Property
representative agree to maintain their property
data uploaded onto the propertybbs.com System
as current, both in terms of the
content
of the property file and
the frequency of the file uploads.
-
Property representative shall,
if applicable, clearly
and accurately identify any property
submitted for inclusion in the database that contain
reproductions,
either in whole or part, of another property
representative’s
property. Property
representative will
apply this
clear and
accurate identification
to the
applicable property.
-
Listing photos must be either of
the actual property listed, PropertyBBS.com's standard
"No Photo Available" image
or a stock property photo. Any listing found to
have other images will be edited at the discretion
of
PropertyBBS.com system administrators. If a stock
property photo is used, it must be either noted
on the image and/or within the property description
that the photo is not of the property but is a
stock photo.
-
propertybbs.com shall have
the right, exercisable in its sole and
absolute discretion, to exclude
portions
of, and perform minor manipulations to, property
representative’s
Submissions, including,
for example,
the elimination
of certain
data fields
that do
not materially
impact the
usefulness of
the information
provided.
DISCLAIMER
USE OF ANY INFORMATION OBTAINED OR SERVICES PROVIDED
VIA THE PROPERTYBBS.COM SYSTEM IS AT YOUR OWN RISK.
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH
THE PROPERTYBBS.COM SYSTEM MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. PROPERTYBBS.COM
AND/OR ITS RESPECTIVE REPRESENTATIVE’S MAY
MAKE CHANGES IN THE PROPERTYBBS.COM SYSTEM AT ANY
TIME. INFORMATION RECEIVED VIA THE PROPERTYBBS.COM
SYSTEM SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL,
FINANCIAL OR OTHER DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION. PROPERTYBBS.COM AND/OR ITS RESPECTIVE
REPRESENTATIVE’S MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, PRODUCTS AND SERVICES
CONTAINED ON THE PROPERTYBBS.COM SYSTEM FOR ANY PURPOSE.
ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. PROPERTYBBS.COM
AND/OR ITS RESPECTIVE REPRESENTATIVE’S HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO SUCH INFORMATION, PRODUCTS AND SERVICES INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NO INFORMATION GIVEN BY PROPERTYBBS.COM, ITS EMPLOYEES,
AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY
EITHER EXPRESSED OR IMPLIED.
IN
NO EVENT
SHALL PROPERTYBBS.COM
AND/OR ITS
REPRESENTATIVE’S
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE PROPERTYBBS.COM
SYSTEM, WITH THE DELAY OR INABILITY TO USE THE
PROPERTYBBS.COM SYSTEM OR RELATED SERVICES, THE
PROVISION OF OR FAILURE
TO PROVIDE SERVICES WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF
PROPERTYBBS.COM OR ANY OF ITS REPRESENTATIVE’S
HAVE BEEN
ADVISED OF
THE POSSIBILITY
OF SUCH
DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS
DO NOT
ALLOW
THE
EXCLUSION OR
LIMITATION
OF
LIABILITY FOR
CONSEQUENTIAL
OR
INCIDENTAL
DAMAGES,
THE ABOVE
LIMITATION
MAY
NOT
APPLY
TO YOU.
IF YOU
ARE DISSATISFIED
WITH ANY
PORTION OF
THE PROPERTYBBS.COM
SYSTEM, OR
WITH ANY
OF THESE
TERMS,
YOUR
SOLE AND
EXCLUSIVE REMEDY
IS TO
DISCONTINUE
USING
THE PROPERTYBBS.COM
SYSTEM.
GENERAL
You
agree to defend,
hold harmless,
and expeditiously
indemnify
propertybbs.com
from
any
and all liability,
claim, loss,
damage
or expense
arising out
of
your breach
or
violation of
any
covenant contained
in these Terms,
or resulting
from
your
use of the
propertybbs.com
System.
You agree to
hold propertybbs.com
harmless
from
any claims
relating to
any
action taken
by
propertybbs.com
as
part
of an investigation
into
a
suspected violation
of these Terms
or as
a result of
its
conclusion
that a
violation of
these
Terms has occurred.
These
Terms are governed
by the laws of
the State of
Florida, U.S.A.
You hereby consent
to personal jurisdiction
and venue in
the courts located
in Seminole
County, Florida,
U.S.A. in all
disputes arising
out of or relating
to the use
of the propertybbs.com
System. Use of
the propertybbs.com
System is unauthorized
in any jurisdiction
that does not
give effect
to all provisions
of these terms
and
conditions, including
without limitation
this paragraph.
You
agree that no
joint venture,
partnership,
employment, or
agency
relationship exists
between you
and propertybbs.com
as
a
result of
your agreement
with
these Terms or
use
of the propertybbs.com
System. If
any part of
these Terms
is determined
to
be invalid or
unenforceable
pursuant to applicable
law including,
but not limited
to, the warranty
disclaimers and
liability
limitations set
forth
above, then 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
Terms as revised
shall continue
in effect. Unless
otherwise specified
herein, these Terms
constitute the
entire
agreement between
you and propertybbs.com
with respect to
the
propertybbs.com
System
and it supersedes
all prior
or contemporaneous
communications
and
proposals, whether
electronic, oral
or
written, between
you and propertybbs.com
with respect to
the
propertybbs.com
System.
A printed
version of
these Terms and
of any notice
given in electronic
form shall be
admissible
in judicial
or administrative
proceedings
based upon
or relating to
these
Terms to the
same extent and
subject to the
same conditions
as other business
documents and
records
originally generated
and maintained
in printed form.
ENFORCEMENT
When
propertybbs.com
becomes
aware of an
alleged
violation of
these
Terms, propertybbs.com
will initiate
an investigation.
During
the investigation,
propertybbs.com
shall
have
the right to
restrict
your access
to the propertybbs.com
System in order
to prevent
further possible
unauthorized
activity.
Depending on
the severity
of the violation,
propertybbs.com
may,
at
its sole discretion,
immediately
restrict,
suspend, or
terminate
your account
and/or
pursue other
civil remedies.
If
such
violation is
a criminal offense,
propertybbs.com
will
notify
the appropriate
law
enforcement
agency
of such violation.
COPYRIGHT
All
contents of
the
propertybbs.com
System
are: (c) Copyright
2003 propertybbs.com
and/or
its suppliers.
All
rights
reserved.
REPORTING VIOLATIONS
Any
party seeking
to report any
violations
of these
Terms
may contact
propertybbs.com
via e-mail: admin@propertybbs.com
General
propertybbs.com will not sell, trade, or disclose
to third parties any user information derived from
the registration for, or use of, a propertybbs.com
online service - including user names and addresses
- without the consent of the user except as required
by subpoena, search warrant, or other legal process
or in the event that such user is engaging in unlawful
use of our web site. User information will, however,
be disclosed by you when you utilize our system to
contact a property representative, such as when e-mailing
a property representative. When propertybbs.com uses
third parties to perform services on its behalf, propertybbs.com
will request that such third parties protect your user
information consistently with this privacy policy.
However, we cannot ensure that all of your user information
will never be disclosed, as regulatory and/or other
requirements may make disclosure necessary.
Collection and Use: propertybbs.com servers automatically
gather information about traffic activity within the
propertybbs.com web site, including which pages are
viewed and which functions are executed. propertybbs.com
primarily uses this information only in the aggregate.
propertybbs.com may collect and use user information
for various purposes, including but not limited to,
billing purposes, to provide or change service, to
anticipate and resolve problems with your service,
or to inform you of products and services that better
meet your needs. This means that propertybbs.com may
use your user information, in conjunction with information
available from other sources, to market new services
that may be of interest to you, but propertybbs.com
will not disclose your user information to third parties
who want to market products to you.
User Opt-Out: A user may choose not to receive direct
marketing communications from propertybbs.com in connection
with propertybbs.com online services. Upon such choice,
propertybbs.com (a) will not contact that user directly
with marketing messages about propertybbs.com online
services, and (b) will not use user information obtained
from that user's registration to contact that user
with marketing messages about any propertybbs.com products
or services. A user may choose not to receive such
messages by notifying propertybbs.com via e-mail, fax
or mail.
Security: propertybbs.com has implemented
technology and security features to safeguard the
privacy of your
user information from unauthorized access or improper
use, and propertybbs.com, based on its judgment, will
continue to enhance its security procedures as new
technology becomes available. However, "perfect
security" is not available on the Internet.
E-mail Contents: propertybbs.com will not read or disclose
to third parties private e-mail communications that
are transmitted using propertybbs.com services except
as required to operate the service or as otherwise
authorized by law.
Improper Conduct: propertybbs.com may also use user
information to investigate and help prevent potentially
unlawful activity or activity that threatens the network
or otherwise violates the user agreement for that service.
Account Information: propertybbs.com honors requests
from users for account information and will correct
any such information which may be inaccurate. Users
may verify that appropriate corrections have been made.
Cookies
The propertybbs.com web site makes limited
use of "cookies" for
the purposes of 1) making the user experience more
efficient and secure, and 2) facilitating the gathering
of non-specific user information. A cookie is a commonly
used internet standard which stores, in a very small
text file on the user's hard disk, information specific
to the user. Cookie technology prevents access of this
information by any web site other than the web site
issuing the cookie. The private features of the propertybbs.com
web site are only accessible when cookies are enabled
in the user's browser. If a user does not wish to utilize
cookie technology, this feature may be disabled within
the user's web browser. However, doing so makes the
private features of the propertybbs.com web site unavailable
through that browser (for as long as cookies are disabled).
Other Web Sites
propertybbs.com' privacy policy only applies to the
propertybbs.com web site. The propertybbs.com web site
may link from several points throughout it's web site
to third party information and service providers who
may collect personal information from users in order
to provide users with information or services. propertybbs.com
has no control over the privacy policy of any third
party company. Please examine the privacy policies
of such third parties prior to submitting any personal
information, as they may differ from propertybbs.com.
propertybbs.com web site content is also featured
on other web sites with differing or non-existent privacy
policies. These web sites may collect personal information
from their users that may or may not be used in conjunction
with propertybbs.com site information. Prior to supplying
any personal information to any third party company
linking to propertybbs.com site, please read and understand
their privacy policy.
Advertisements
Advertisements may appear on pages throughout the
propertybbs.com web site. Some advertisements may request
information directly from users or take users to web
sites that may request personal information. propertybbs.com
has no control over its advertisers' privacy policies,
so please examine the privacy policy of any company
advertising on propertybbs.com site prior to submitting
any personal information.
Surveys
Occasionally, propertybbs.com may conduct surveys
on it's web site. Surveys are conducted at random and
are completely voluntary to web site users. The survey
may request a user to provide user information in exchange
for the information or services provided by the survey.
propertybbs.com may use this information in an aggregate
manner to better tailor the type of services, information,
and advertising that are provided on it's web site.
Policy Changes
propertybbs.com reserves the right to change its policy
by publishing new terms on its web site and your access
and use of the propertybbs.com web site thereafter
constitutes your acknowledgment and acceptance of same.
This policy does not create any legal right for you
or any third parties.
Questions?
Please direct any questions or comments regarding
the propertybbs.com policy to webmaster@propertybbs.com
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