Curbside Properties Terms of Service:
1. ACCEPTANCE OF TERMS
Welcome to Curbside Properties! Curbside Properties provides the Curbside Properties service to you, subject to the following Terms of Service ("TERMS OF SERVICE"), which may be updated by us from time to time without notice to you.
2. DESCRIPTION OF SERVICE
Curbside Properties currently provides users with online access to property (“homes”, “rentals”, or any other land type building or structure (i.e the “Service”). In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity, including, but not limited to, a Curbside Properties official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(d) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(e) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
3. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
4. CONTENT SUBMITTED TO CURBSIDE PROPERTIES
Curbside Properties does not claim ownership of the Content you place on your Curbside Properties Site. By submitting Content to Curbside Properties for inclusion on your Curbside Properties sector (meaning your home directory for your property), you grant Curbside Properties the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Curbside Properties Site on Curbside Properties Internet properties. This license exists only for as long as you continue to be a Curbside Properties customer and shall be terminated at the time your Curbside Properties account is terminated.
5. INDEMNITY
You agree to indemnify and hold Curbside Properties, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content, use of the Service, your connection to the Service, or your violation of any rights of another.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
7. MODIFICATIONS TO SERVICE
Curbside Properties reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Curbside Properties shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
8. TERMINATION
You agree that Curbside Properties, in its sole discretion, may terminate your listing on the Curbside Properties Site, use of the Service or use of any other Curbside Properties service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Curbside Properties believes that you have violated or acted inconsistently with the letter or spirit of the terms of service. Curbside Properties may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this terms of service may be effected without prior notice, and acknowledge and agree that Curbside Properties may immediately deactivate or delete your Curbside Properties content and all related information and files in your Curbside Properties sector and/or bar any further access to such files or the Service. Further, you agree that Curbside Properties shall not be liable to you or any third-party for any termination of your access to the Service.
9. ADVERTISEMENTS AND PROMOTIONS
Curbside Properties occasionally runs advertisements and promotions on CurbsideProperties.com. By listing your content on CurbsideProperties.com , you agree that Curbside Properties has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Curbside Properties on Curbside Properties is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Curbside Properties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. Curbside Properties grants you a personal, non-transferable and non-exclusive right and license to use of it’s service on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the service. You agree not to modify content in any manner or form. You agree not to access the Service by any means other than through the interface that is provided by Curbside Properties for use in accessing the Service.
10. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CURBSIDE PROPERTIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) CURBSIDE PROPERTIES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CURBSIDE PROPERTIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CURBSIDE PROPERTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CURBSIDE PROPERTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
13. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TERMS OF SERVICE or other matters by displaying notices or links to notices to you generally on the Service.
14. COPYRIGHTS
Curbside Properties respects the intellectual property rights of others and we ask our users to do the same.
15. GENERAL INFORMATION
The TERMS OF SERVICE constitute the entire agreement between you and Curbside Properties and govern your use of the Service, superceding any prior agreements between you and Curbside Properties or (including, but not limited to, any prior versions of the TERMS OF SERVICE). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Curbside Properties services, third-party content or third-party software. The TERMS OF SERVICE and the relationship between you and Curbside Properties shall be governed by the laws of the State of California without regard to its conflict of law provisions. The failure of Curbside Properties to exercise or enforce any right or provision of the TERMS OF SERVICE shall not constitute a waiver of such right or provision. If any provision of the TERMS OF SERVICE is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS OF SERVICE remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS OF SERVICE must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TERMS OF SERVICE are for convenience only and have no legal or contractual effect. |
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