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WEBSITE TERMS OF USE
If you do not agree to the
Terms of Use, discontinue using the site immediately!
By using this site, you signify your Assent
and Agreement to these Terms of Use. If you do not agree to these Terms of Use,
do not use the site.
Restrictions on Use of Materials
Materials in this website are Copyrighted and
all rights are reserved. Text, graphics, databases, HTML code, and other
intellectual property are protected by US and International Copyright Laws, and
may not be copied, reprinted, published, reengineered, translated, hosted, or
otherwise distributed by any means without explicit permission. All of the
trademarks on this site are trademarks of PropertyScoutCash.com or of other
owners used with their permission.
Database Ownership, License, and Use
PropertyScoutCash.com warrants, and you
accept, that PropertyScoutCash.com is the owner of the copyright of the
Databases of Links to articles and resources available from time to time through
http://www.PropertyScoutCash.com. PropertyScoutCash.com and its contributors
reserve all rights and no intellectual property rights are conferred by this
agreement.
PropertyScoutCash.com grants you a
non-exclusive, non-transferable license to use database(s) accessible to you
subject to these Terms and Conditions. The database(s) may be used only for
viewing information or for extracting information to the extent described below.
You agree to use information obtained from
PropertyScoutCash.com's databases only for your own private use or the internal
purposes of your home or business, provided that is not the selling or broking
of information, and in no event cause or permit to be published, printed,
downloaded, transmitted, distributed, reengineered, or reproduced in any form
any part of the databases (whether directly or in condensed, selective or
tabulated form) whether for resale, republishing, redistribution, viewing, or
otherwise.
Nevertheless, you may on an occasional limited
basis download or print out individual pages of information that have been
individually selected, to meet a specific, identifiable need for information
which is for your personal use only, or is for use in your business only
internally, on a confidential basis. You may make such limited number of
duplicates of any output, both in machine-readable or hard copy form, as may be
reasonable for these purposes only. Nothing herein shall authorize you to create
any database, directory or hard copy publication of or from the databases,
whether for internal or external distribution or use.
Liability
The materials in this site are provided "as
is" and without warranties of any kind either express or implied.
PropertyScoutCash.com disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness for a
particular purpose. PropertyScoutCash.com does not warrant that the functions
contained in the materials will be uninterrupted or error-free, that defects
will be corrected, or that this site or the server that makes it available are
free of viruses or other harmful components. PropertyScoutCash.com does not
warrant or make any representations regarding the use or the results of the use
of the materials in this site in terms of their correctness, accuracy,
reliability, or otherwise. You (and not PropertyScoutCash.com assume the entire
cost of all necessary servicing, repair or correction. Applicable law may not
allow the exclusion of implied warranties, so the above exclusion may not apply
to you.
Under no circumstances, including, but not
limited to, negligence, shall PropertyScoutCash.com be liable for any special or
consequential damages that result from the use of, or the inability to use, the
materials in this site, even if PropertyScoutCash.com or a PropertyScoutCash.com
authorized representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above limitation or exclusion may
not apply to you. In no event shall PropertyScoutCash.com's total liability to
you for all damages, losses, and causes of action (whether in contract, tort,
including but not limited to, negligence or otherwise) exceed the amount paid by
you, if any, for accessing this site.
Facts and information at this website are
believed to be accurate at the time they were placed on the website. Changes may
be made at any time without prior notice. All data provided on this website is
to be used for information purposes only. The information contained on this
website and pages within, is not intended to provide specific legal, financial
or tax advice, or any other advice, whatsoever, for any individual or company
and should not be relied upon in that regard. The services described on this
website are only offered in jurisdictions where they may be legally offered.
Information provided in our website is not all-inclusive, and is limited to
information that is made available to PropertyScoutCash.com and such information
should not be relied upon as all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily
affiliated with sites that may be linked to this site and is not responsible for
their content. The linked sites are for your convenience only and you access
them at your own risk. Links to other websites or references to products,
services or publications other than those of PropertyScoutCash.com and its
subsidiaries and affiliates at this website, do not imply the endorsement or
approval of such websites, products, services or publications by
PropertyScoutCash.com or its subsidiaries and affiliates.
Certain names, graphics, logos, icons,
designs, words, titles or phrases at this website may constitute trade names,
trademarks or service marks of PropertyScoutCash.com or of other entities. The
display of trademarks on this website does not imply that a license of any kind
has been granted. Any unauthorized downloading, re-transmission, or other
copying of modification of trademarks and/or the contents herein may be a
violation of federal common law trademark and/or copyright laws and could
subject the copier to legal action.
Confidentiality of Codes, Passwords and
Information
You agree to treat as strictly private and
confidential any Subscriber Code, username, user ID, or password which you may
have received from PropertyScoutCash.com, and all information to which you have
access through password-protected areas of PropertyScoutCash.com's websites and
will not cause or permit any such information to be communicated, copied or
otherwise divulged to any other person whatsoever.
Other Legal Stuff
These Terms of Use will apply to every access
to http://www.PropertyScoutCash.com. PropertyScoutCash.com reserves the right to
issue revisions to these Terms of Use by publishing a revised version of this
document on this site: that version will then apply to all use by you following
the date of publication. Each access of information from PropertyScoutCash.com
will be a separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may
not be assigned or sublet by You without PropertyScoutCash.com's written consent
in advance.
These Terms of Use shall be governed by,
construed and enforced in accordance with the laws of the California, as it is
applied to agreements entered into and to be performed entirely within such
jurisdiction.
To the extent you have in any manner violated
or threatened to violate PropertyScoutCash.com and/or its affiliates'
intellectual property rights, PropertyScoutCash.com and/or its affiliates may
seek injunctive or other appropriate relief in any state or federal court in the
State of California, and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as
follows:
If a dispute arises under this agreement, we
agree to first try to resolve it with the help of a mutually agreed-upon
mediator in the following location: Orange. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by each of
us.
If it proves impossible to arrive at a
mutually satisfactory solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: Orange, under the rules of the
American Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or
unenforceable in whole or in part, the remaining provisions of this Agreement
shall not be affected thereby.
Termination
These Terms of Use agreement are effective
until terminated by either party. You may terminate this agreement at any time
by destroying all materials obtained from any and all http://www.PropertyScoutCash.com
site(s) and all related documentation and all copies and installations thereof,
whether made under the terms of this agreement or otherwise. This agreement will
terminate immediately without notice at PropertyScoutCash.com's sole discretion,
should you fail to comply with any term or provision of this agreement. Upon
termination, you must destroy all materials obtained from this site and any and
all other http://www.PropertyScoutCash.com site(s) and all copies thereof,
whether made under the terms of this agreement or otherwise.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS
PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE
ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT
YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS.
EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE
OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR
PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR
MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES
MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS
DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME
LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN
INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE
MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING
STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN
IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO
HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,”
“EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF
SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR
FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR
SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY
FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES
ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT
NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND
TECHNIQUES IN OUR MATERIAL
PRIVACY POLICY
Last Updated: January 1, 2006
PropertyScoutCash.com strives to offer its
visitors the many advantages of Internet technology and to provide an
interactive and personalized experience. We may use Personally Identifiable
Information (your name, e-mail address, street address, telephone number)
subject to the terms of this privacy policy. We will never sell, barter, or rent
your email address to any unauthorized third party. Period."
How we gather information from users
How we collect and store information depends
on the page you are visiting, the activities in which you elect to participate
and the services provided. For example, you may be asked to provide information
when you register for access to certain portions of our site or request certain
features, such as newsletters or when you make a purchase. You may provide
information when you participate in sweepstakes and contests, message boards and
chat rooms, and other interactive areas of our site. Like most Web sites,
PropertyScoutCash.com also collects information automatically and through the
use of electronic tools that may be transparent to our visitors. For example, we
may log the name of your Internet Service Provider or use cookie technology to
recognize you and hold information from your visit. Among other things, the
cookie may store your user name and password, sparing you from having to
re-enter that information each time you visit, or may control the number of
times you encounter a particular advertisement while visiting our site. As we
adopt additional technology, we may also gather information through other means.
In certain cases, you can choose not to provide us with information, for example
by setting your browser to refuse to accept cookies, but if you do you may be
unable to access certain portions of the site or may be asked to re-enter your
user name and password, and we may not be able to customize the site’s features
according to your preferences.
What we do with the information we collect
Like other Web publishers, we collect
information to enhance your visit and deliver more individualized content and
advertising. We respect your privacy and do not share your information with
anyone.
Aggregated Information (information that does
not personally identify you) may be used in many ways. For example, we may
combine information about your usage patterns with similar information obtained
from other users to help enhance our site and services (e.g., to learn which
pages are visited most or what features are most attractive). Aggregated
Information may occasionally be shared with our advertisers and business
partners. Again, this information does not include any Personally Identifiable
Information about you or allow anyone to identify you individually.
We may use Personally Identifiable Information
collected on PropertyScoutCash.com to communicate with you about your
registration and customization preferences; our Terms of Service and privacy
policy; services and products offered by PropertyScoutCash.com and other topics
we think you might find of interest.
Personally Identifiable Information collected
by PropertyScoutCash.com may also be used for other purposes, including but not
limited to site administration, troubleshooting, processing of e-commerce
transactions, administration of sweepstakes and contests, and other
communications with you. Certain third parties who provide technical support for
the operation of our site (our Web hosting service for example) may access such
information. We will use your information only as permitted by law. In addition,
from time to time as we continue to develop our business, we may sell, buy,
merge or partner with other companies or businesses. In such transactions, user
information may be among the transferred assets. We may also disclose your
information in response to a court order, at other times when we believe we are
reasonably required to do so by law, in connection with the collection of
amounts you may owe to us, and/or to law enforcement authorities whenever we
deem it appropriate or necessary. Please note we may not provide you with notice
prior to disclosure in such cases.
Affiliated sites, linked sites and
advertisements
PropertyScoutCash.com expects its partners,
advertisers and affiliates to respect the privacy of our users. Be aware,
however, that third parties, including our partners, advertisers, affiliates and
other content providers accessible through our site, may have their own privacy
and data collection policies and practices. For example, during your visit to
our site you may link to, or view as part of a frame on a PropertyScoutCash.com
page, certain content that is actually created or hosted by a third party. Also,
through PropertyScoutCash.com you may be introduced to, or be able to access,
information, Web sites, features, contests or sweepstakes offered by other
parties. PropertyScoutCash.com is not responsible for the actions or policies of
such third parties. You should check the applicable privacy policies of those
third parties when providing information on a feature or page operated by a
third party.
While on our site, our advertisers,
promotional partners or other third parties may use cookies or other technology
to attempt to identify some of your preferences or retrieve information about
you. For example, some of our advertising is served by third parties and may
include cookies that enable the advertiser to determine whether you have seen a
particular advertisement before. Other features available on our site may offer
services operated by third parties and may use cookies or other technology to
gather information. PropertyScoutCash.com does not control the use of this
technology by third parties or the resulting information, and is not responsible
for any actions or policies of such third parties.
You should also be aware that if you
voluntarily disclose Personally Identifiable Information on message boards or in
chat areas, that information can be viewed publicly and can be collected and
used by third parties without our knowledge and may result in unsolicited
messages from other individuals or third parties. Such activities are beyond the
control of PropertyScoutCash.com and this policy.
Children
PropertyScoutCash.com does not knowingly
collect or solicit Personally Identifiable Information from or about children
under 13 except as permitted by law. If we discover we have received any
information from a child under 13 in violation of this policy, we will delete
that information immediately. If you believe PropertyScoutCash.com has any
information from or about anyone under 13, please contact us at the address
listed below.
Contacting Us.
We can be reached by contacting:
PropertyScoutCash.com
Email: privacy@PropertyScoutCash.com
Changes to this Policy
PropertyScoutCash.com reserves the right to
change this policy at any time. Please check this page periodically for changes.
Your continued use of our site following the posting of changes to these terms
will mean you accept those changes. Information collected prior to the time any
change is posted will be used according to the rules and laws that applied at
the time the information was collected.
Governing law
This policy and the use of this Site are
governed by California law. If a dispute arises under this Policy we agree to
first try to resolve it with the help of a mutually agreed-upon mediator in the
following location: Orange County. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a
mutually satisfactory solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: Orange County, under the rules
of the American Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
PropertyScoutCash.com is controlled, operated
and administered entirely within California. This statement and the policies
outlined herein are not intended to and do not create any contractual or other
legal rights in or on behalf of any party.
Warranties, Disclaimers & Legal Rights
BEFORE YOU ENTER ANY OF OUR WEBSITES, PLEASE
READ THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY ENTERING ANY OF OUR WEBSITES, YOU ARE
AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF
THIS SUBSCRIBER AGREEMENT.
Subscriber Agreement
The Web site located at http://www.PropertyScoutCash.com
("Site") is provided by PropertyScoutCash.com. Your access to and use of the
Site is governed by this Subscriber Agreement ("Agreement"). As used in this
Agreement, "PropertyScoutCash.com," "we," "us'" or "our" refers to
PropertyScoutCash.com, and "you" or "your" refers to you, the user of the Site.
The Agreement below is the agreement you consented to upon subscribing to the
site. The Agreement does not apply to use of the publicly available Web Site
maintained by PropertyScoutCash.com.
1. Access and Passwords
As part of the subscription process for this Site, you have
selected or been assigned a particular username and password in accordance with
PropertyScoutCash.com's username and password guidelines. YOU AGREE THAT YOU ARE
THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD,
AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR
PASSWORD. You agree that all actions taken by you, or any other user that
accesses the Site using your username and password, at or through the Site will
be attributed to and legally bind you, even with respect to acts for which the
user had no actual authority or made an error. You assume all resulting
liability from use of the Site and any services available on it by you or others
using your username or password. If you lose your username or password, please
contact us at: support@PropertyScoutCash.com.
2. Subscription Fees and Payments
You can always find the current Subscription Fees posted on
our site. Your subscription will continue and renew automatically, unless
terminated by PropertyScoutCash.comor until you notify PropertyScoutCash.com by
email or as designated on the Site of your decision to terminate your
subscription. If there are any annual, monthly, or similar periodic fees for
your subscription, these fees will be billed automatically to the credit card
designated during the registration process for the Site or subsequently
designated by you to PropertyScoutCash.com, at the start of the annual, monthly,
or similar period, and at the start of each renewal period, unless you terminate
your subscription before the relevant period begins. You agree to pay or have
paid all fees and charges incurred in connection with your username and password
for the Site (including any applicable taxes) at the rates in effect when the
charges were incurred. All fees and charges are nonrefundable.
PropertyScoutCash.com may change the fees and charges then in effect, or add new
fees or charges, by giving you notice in advance. All fees and charges incurred
in connection with your PropertyScoutCash.com username and password will be
billed to the credit card designated during the registration process for the
Site or subsequently designated by you to PropertyScoutCash.com. If you want to
designate a different card or there is a change in credit card validity or
expiration date, or if you believe someone has accessed the Site using your
username and password without your authorization, you may email us at support@PropertyScoutCash.com.
You are also responsible for any fees or charges incurred to access the Site
through an Internet service provider or other third party service. YOU, AND NOT
PropertyScoutCash.com, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR
CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. Privacy
Our Privacy Notice is a part of this Agreement and its terms
are incorporated herein by this reference. Please read it now at the link on our
site.
4. User Conduct
The Site may contain bulletin board services, news groups,
forums, and/or other message or communication facilities ("Communication
Services") designed to enable you to communicate with others. You agree to use
the Communication Services only to submit or post messages and material that are
proper and, when applicable, related to the particular Communication Service.
You are also prohibited from submitting to, posting or transmitting through
PropertyScoutCash.com any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any kind, including but not
limited to any material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable
local, state, national, or international law. Content that consists of or
contains software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam" is prohibited. You may not use a
false email or postal address, impersonate any person or entity, or otherwise
mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other
information that constitutes part of the content expressed or made available by
third parties are those of the respective authors or distributors and not of
PropertyScoutCash.com nor its affiliates, not any of their officers, directors,
employees, or agents. You acknowledge that PropertyScoutCash.com does not
pre-screen all content, but that PropertyScoutCash.com and its designees shall
have the right (but not the obligation) in their sole discretion to refuse or
move any content that is made available via the Communication Services. Without
limiting the foregoing, PropertyScoutCash.com and its designees shall have the
right to remove any content that violates this Agreement or is otherwise
objectionable. You specifically agree that PropertyScoutCash.com is not
responsible for any content sent using and/or included in the Site by any third
party.
5. Copyright and Restrictions
This Web site contains proprietary material of
PropertyScoutCash.com (or material that other suppliers have licensed to PropertyScoutCash.com
for their use) which is protected by copyright and other laws respecting
proprietary rights. PropertyScoutCash.com retains all rights in the material and
media, including (without limitation) all copyright and other proprietary rights
worldwide in all media. You may not use PropertyScoutCash.com except as
expressly permitted under this Agreement and under U.S. copyright laws. Any
routine and/or systematic redistribution of any portion of the products licensed
herein is expressly prohibited.
End users who are duly authorized may Access
PropertyScoutCash.com for individual use, i.e., may view the information on
screen; may download small portions of the information to a computer disk for
personal convenience and later reference; and may print paper copies of small
portions for personal use only.
The rights granted here are an expansion of the rights granted
under the Copyright Act and do not include any rights to reproduce in its
entirety any portion of the information or materials contained therein. No part
of the information may be duplicated in any medium or format beyond the express
terms of this Agreement without prior written authorization from
PropertyScoutCash.com. Any use not authorized by the Agreement is prohibited and
is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed
materials contained therein) is highly proprietary in nature and that
unauthorized copying, transfer or use may cause PropertyScoutCash.com and/or
PropertyScoutCash.com’s suppliers irreparable injury that cannot be adequately
compensated for by means of monetary damages. You agree that any breach of this
provision by you, or any subscriber or end-user, may be enforced by
PropertyScoutCash.com, and/or any of PropertyScoutCash.com’s suppliers, by means
of equitable relief (including, but not limited to, injunctive relief) in
addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed
materials may enforce its rights against you, even though that supplier is not a
party to the Agreement.
You may not and may not permit others to: reproduce, publish,
distribute, sell, or otherwise access or use any material retrieved from or
contained in or on this Site in any manner whatsoever that may infringe any
copyright or proprietary interest of PropertyScoutCash.com; distribute the
information contained in and/on this Site to other users not duly authorized to
Access the Site; distribute, rent, sublicense, lease, transfer or assign the
information or Agreement; decompile, disassemble, or otherwise reverse-engineer
this Site or information contained in or on this Site or any software contained
therein, or alter, translate, modify, or adapt it to create derivative works.
Unauthorized reproduction, transfer, and/or use may be a violation of criminal
as well as civil law.
You are expressly prohibited from placing or installing any
portion of the information on any electronic media, including, but not limited
to, local or wide area networks, timesharing services, multiple processing
units, multiple site arrangements, service or software rental bureaus, list
servers, online services, electronic bulletin boards or forums, World Wide Web
sites or any other server that is Internet-enabled, without written
authorization by PropertyScoutCash.com.
If you breach any provision of this Agreement,
PropertyScoutCash.com may immediately terminate this Agreement and all licenses
granted hereunder without prior notice and in addition to any other available
rights and remedies
6. Limitations on Use
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not
limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other
applications that are capable of copying large portions of content from the
Site. PropertyScoutCash.com can detect the use of these systems through live
logfile analysis and will ban any future use by offenders.
b. Use robots and crawlers, or similar technology, without
following the robot guidelines (found at
http://info.webcrawler.com/mak/projects/robots.html). We are able
to detect robots violating the guidelines and we will ban any offenders. If you
are using a robot/crawler to check PropertyScoutCash.com links, it must operate
according to the robot guidelines (see above). Do not leave new robots
unattended and allow a minimum of 1 minute between automated requests.
c. Use any device, software or routine or the like to
interfere or attempt to interfere with any Site functionality;
d. Take any action that imposes an unreasonable or
disproportionately large load on the Site infrastructure;
e. Use any email addresses appearing on the Site for purposes
not relating specifically to the Site;
f. Access the Site by any means other than through the
interface that is provided by PropertyScoutCash.com, or attempt or access any
area of the Site to which your access is not authorized; or
g. Reverse engineer, reverse assemble or otherwise attempt to
discover any source code relating the Site, except to the extent that such
activity is expressly permitted by applicable law notwithstanding this
limitation.
7. Accuracy and Availability of Information
The Site contains database information and other content
compiled by PropertyScoutCash.com. While we use commercially reasonable efforts
to provide accurate information, PropertyScoutCash.com gives no warranty as to
the accuracy of the database and other content on the Site.
PropertyScoutCash.com reserves the right to withdraw or delete information or
content from the Site at any time.
8. Links to Third Party Sites
PropertyScoutCash.com does not endorse the content on any
third-party Web site, including Web sites of PropertyScoutCash.com's affiliates
("Third-Party Sites"). PropertyScoutCash.com is not responsible for the content
of Third-Party Sites that you reach through links on the Site, sites framed
within the Site, or third-party advertisements on the Site, and we do not make
any representations regarding their content or accuracy. Your use of Third-Party
Sites is at your own risk and subject to the terms and conditions of use for
such sites. Any transaction that you conduct at a Third-Party site will be
between you and the party providing that Web site. This means that
PropertyScoutCash.com is not your agent and is not a party to any transaction at
a Third-Party Site.
9. Representations and Warranties
You represent and warrant to PropertyScoutCash.com that: (a)
you possess the legal right and ability to enter into this Agreement; (b) all
information submitted by you to the Site is true and accurate; (c) you will be
responsible for all use of your username and password even if such use was
conducted without your authority or permission; (d) you are at least 18 years
old; and (e) you will not use the Site for any purpose that is unlawful or
prohibited by this Agreement.
10. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND
WITHIN THIS SITE BY PropertyScoutCash.com AND ITS AFFILIATES ARE PROVIDED "AS
IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND
PropertyScoutCash.com AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES,
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, PropertyScoutCash.com DOES NOT MAKE ANY WARRANTIES REGARDING THE
FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF
THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c)
TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF
VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER
THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE
SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN NO EVENT WILL PropertyScoutCash.com OR ANY OF ITS
AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE
LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF
WARRANTY, AND EVEN IF PropertyScoutCash.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL PropertyScoutCash.com OR ANY OF ITS
AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE
TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY PropertyScoutCash.com FROM YOU FOR
ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR
PRIOR TO YOUR CLAIM.
13. Indemnity
You agree to indemnify and hold us harmless, and pay our
attorney's fees and costs, if we become liable for or incur any damages in
connection with your breach of this Agreement. You may not settle any dispute
without our prior consent, which may only be given in a non-electronic writing
signed by an authorized representative of PropertyScoutCash.com.
14. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site
may, at our option, be conducted electronically, including any that we are
otherwise required to provide in "writing". For example, we may send you notices
via postings at the Site or via email to any email address that you provide to
us during registration as a Site member. If you do not wish to deal with us
electronically, you should not use the Site or enter into this Agreement. If
applicable law now or later requires us to communicate with you
non-electronically, we reserve the right to charge a fee for doing so. Notice
will be deemed given 24 hours after the email is sent, unless (for email) we are
notified that the email address is invalid. Alternatively, we may give you
notice by mail to the address provided during registration.
15. Print a Copy for Your Records
You agree to print or make an electronic copy of this
Agreement (and any amendment from time to time) and retain it in your records.
You also agree to make a copy of any other information that we deliver to you in
writing.
16. Termination
PropertyScoutCash.com may terminate your subscription and/or
access, or suspend access to all or part of the Site, without notice, for any
conduct that PropertyScoutCash.com, in its sole discretion, believes is in
violation of this Agreement, any applicable law, or any act which is harmful to
the interests of another user, service provider, or PropertyScoutCash.com.
PropertyScoutCash.com may also elect not to renew your subscription and access
by providing a notice of nonrenewal prior to the end of your current
subscription term. Applicable sections of this agreement will survive any
termination or expiration of this Agreement.
17. Assignment
You agree not to assign your rights under this Agreement
without the consent of an authorized representative of PropertyScoutCash.com in
a non-electronic record, and any assignment without PropertyScoutCash.com's
consent will be voidable at PropertyScoutCash.com's option. This Agreement will
inure to the benefit of and bind the parties' respective successors and
permitted assigns.
18. Applicable Law and Disputes
This Agreement is governed by the laws of the State of
California, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to
violate PropertyScoutCash.com and/or its affiliates' intellectual property
rights, PropertyScoutCash.com and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of California, and
you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first
try to resolve it with the help of a mutually agreed-upon mediator in the
following location: Orange County. Any costs and fees other than attorney fees
associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to binding
arbitration at the following location: support@PropertyScoutCash.com, under the
rules of the American Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with jurisdiction to do so.
19. Amendments
PropertyScoutCash.com may change the provisions of this
Agreement. When PropertyScoutCash.com changes the terms of this Agreement,
PropertyScoutCash.com will notify you by email or online postings on this Site.
The changes will also appear in this document, which you can access any time.
You already agreed to be bound by the changes when you first subscribed to the
site. If you do not agree to be bound by the changes, you should not use the
Site again and you should cancel your subscription to the Site. Even if you have
not clicked on the "I Agree" button or checked the I agree box when subscribing,
if you use the Site after you have been notified of a change to this Agreement,
you are agreeing now to be bound by that change.
20. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by
reference) is the entire agreement between the parties for its subject matter
and supercedes all prior and contemporaneous communications between the parties.
No term of this Agreement may be waived by PropertyScoutCash.com except in a
signed, non-electronic writing signed by an authorized representative of
PropertyScoutCash.com.
21. General
If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties agree that its remaining
provisions will remain in full force and effect, provided that the allocation of
risks described herein is given effect to the fullest extent possible. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. You agree that no
joint venture, partnership, employment or agency relationship exists between you
and PropertyScoutCash.com or its affiliates as a result of this Agreement or
your use of the Site.
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