Welcome 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 “propertybuyersconnection.com”
or “us” or “we” or “our” refers to Property Buyers Connection, 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. Services
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. When submitting information about yourself and your property, you are
stipulating to its truthfulness and accuracy. You are also authorizing us to provide
this information to our network of property buyers. This network consists of independent
investors, real estate agents, real estate brokers and affiliates. By submitting
your information you are permitting these real estate professionals to contact you
at the address, telephone, or email address that you have provided. You are consenting
to any such calls even if you are registered or listed on a Federal, State or other
Do Not Call list. Once you are contacted by a member of our network any agreement
you enter into will only be between you and the third party.
We are not licensed agents, attorneys or accountants and recommend to all users
that they seek appropriate professional advice before making any serious financial
decisions, including any related to the selling of real estate.
Under no circumstances will Property Buyers Connection be liable for any direct,
indirect, incidental, punitive or consequential damages or any other injury related
to your interaction with investors, agents, members or affiliates connected with
this Site. As a user of this Site, you agree to take full responsibility for and
accept any consequences arising from your dealings with these real estate professionals,
members or affiliates.
3. Property Seller Responsibilities
When providing us with your personal and property information, you agree to the
following:
1. All information is truthful and accurate
2. You are of legal age to form a legally binding contract
3. You do not have an “exclusive” contract with another real estate professional
4. You may be contacted by Property Buyers Connection regarding your property.
4. 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 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.
5. Service Marks
"PropertyBuyersConnection.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.
6. 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.
7. 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 6 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.
8. 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 advertiser’s or sponsor’s materials.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
15. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim,
liability, or damage of any kind resulting in any way from (a) any errors in or
omissions from the Site or any services or products obtainable therefrom, (b) the
unavailability or interruption of the Site or any features thereof, (c) your use
of the Site, (d) the content contained on the Site, or (e) any delay or failure
in performance beyond the control of a Covered Party. The user acknowledges that
Property Buyers Connection does not guarantee continual, uninterrupted or secure
access to our website.
(b) Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you in any manner consistent
with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission") will forever be our property.
We will not be required to treat any Submission as confidential, and will not be
liable for any ideas (including without limitation, product, service or advertising
ideas) and will not incur any liability as a result of any similarities that may
appear in our future products, services or operations. Without limitation, we will
have exclusive ownership of all present and future existing rights to the Submission
of every kind and nature everywhere. We will be entitled to use the Submission for
any commercial or other purpose whatsoever, without compensation to you or any other
person sending the Submission. You acknowledge that you are responsible for whatever
material you submit, and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and copyright.
16. Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
You must review this Privacy Policy by using the rollowing link:
.
17. Payments
You represent and warrant that if you are purchasing something from us that (i)
any credit information you supply is true and complete, (ii) charges incurred by
you will be honored by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any applicable taxes.
18. Links to other Web Sites
The Site may contain links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the linked Web site
by us. If you decide to leave our Site and access these third-party sites, you do
so at your own risk.
19. Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. If
you believe that your work has been copied in a way that constitutes copyright infringement,
please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf
of the owner of the
copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on
the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is
not authorized by the
copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright
infringement on the Site can be reached by directing an email to the Copyright
Agent at customerservice@propertybuyersconnection.com.
20. Information and Press Releases
The Site contains information and press releases about us. We disclaim any duty
or obligation to update this information or any press releases. Information about
companies other than ours contained in the press release or otherwise, should not
be relied upon as being provided or endorsed by us.
21. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and the Content and Materials
provided therein.
22. Miscellaneous
This Agreement shall be treated as though it were executed and performed in California,
and shall be governed by and construed in accordance with the laws of the State
of California (without regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information, Documents, products or
services related thereto) must be instituted within one (1) year after the cause
of action arose or be forever waived and barred. All actions shall be subject to
the limitations set forth in Section 14 and Section 15. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly for or against any
party. This Agreement and all incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a third party in the event
of an acquisition, sale or merger. Should any part of this Agreement be held invalid
or unenforceable, that portion shall be construed consistent with applicable law
and the remaining portions shall remain in full force and effect. To the extent
that anything in or associated with the Site is in conflict or inconsistent with
this Agreement, this Agreement shall take precedence. Our failure to enforce any
provision of this Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision. Our rights under this Agreement shall survive
any termination of this Agreement.
23. Arbitration
Any dispute relating to this Agreement, or breach thereof shall be settled by confidential
and binding arbitration in San Diego, California, except to the extent that the User has
in any manner violated or threatened to violate Property Buyers Connection, LLC, LLC
intellectual property rights, Property Buyers Connection, LLC, LLC may seek injunctive
or other appropriate relief in any state or federal court in the state of California and
the User consents to exclusive jurisdiction and venue in such courts. Arbitration under
this Agreement shall be conducted under the commercial rules in accordance with the
Arbitration Rules of American Arbitration Association. Each party shall have the right of
discovery as set forth in the Federal Rules of Civil Procedure. Qualified Arbitrators shall
be selected by the parties in accordance with the Arbitration Rules of American Arbitration
Association. The arbitrator’s award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. In the event of litigation or arbitration arising out of this
Agreement, each party shall pay its own costs and expenses of litigation or arbitration. Each
party shall bear one-half of the arbitration fees incurred. The provisions of this section
shall survive any termination of this Agreement.
August 15, 2007
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