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Last updated 9/20/2001
Please read this agreement
("Agreement") carefully before accessing or using this
web site ("Site"). By accessing or using the
Site, you agree to be bound by this Agreement. ResidencyGuide.com,
and its suppliers provide the information and services on this
Site to you, the user, conditioned on your acceptance without
modification of the terms, conditions and notices contained
herein. Your use of these Sites constitutes your agreement
to all such terms, conditions and notices.
FURTHERMORE, BY USING
RESIDENCYGUIDE.COM WEB SITE, YOU ACKNOWLEDGE THAT RESIDENCYGUIDE.COM
IS NOT A REAL ESTATE AGENT, REAL ESTATE BROKER, MORTGAGE BROKER OR MORTGAGE LENDER.
AND, IT DOES NOT AID OR ASSIST BORROWERS IN OBTAINING, SOLICIT BORROWERS
OR LENDERS FOR, NEGOTIATE OR MAKE LOANS SECURED BY LIENS ON REAL ESTATE PROPERTY.
The information and services offered on this
Site are provided with the understanding that neither
ResidencyGuide.com nor its suppliers or users are engaged in
rendering legal or other professional services or advice.
Your use of the Site is subject to the additional disclaimers and
caveats that may appear throughout the Site.
ResidencyGuide.com and its agents assume no
responsibility for any consequence relating directly or
indirectly to any action or inaction that you take based on the
information, services or other material on this Site. While
ResidencyGuide.com strives to keep the information on this Site
accurate, complete and up-to-date, ResidencyGuide.com and its
suppliers cannot guarantee, and will not be responsible for any
damage or loss related to, the accuracy, completeness or
timeliness of the information.
PERSONAL AND NONCOMMERCIAL
USE LIMITATION: PROHIBITED USES
You may access, download and print materials on
this Site for your personal and non-commercial use. You may
not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, frame
in another Web page, use on any other web site, transfer or sell
any information, software, lists of users, databases or other
lists, products or services obtained from this Site. The
foregoing prohibition expressly includes, but is not limited to,
the practices of "screen scraping" or "database
scraping" to obtain lists of users or other
information. If and when requested by ResidencyGuide.com
you agree to provide true, accurate and complete user information
and to refrain from impersonating or falsely representing your
affiliation with any person or entity. Except with the
written permission of ResidencyGuide.com you agree to refrain
from accessing or attempting to access password protected, secure
or non-public areas of this Site. Unauthorized individuals
attempting to access prohibited areas of this Site may be subject
to prosecution.
PROPRIETARY RIGHTS
All materials including but not limited to data,
photos, video, graphics, Forum Messages and Ratings on this Site (as well as the
organization and layout of the Site) are copyrighted or
licensed by ResidencyGuide.com or its affiliates or its
suppliers. © Copyright ResidencyGuide.com 2002. All
rights reserved. No reproduction, distribution, or
transmission of the copyrighted materials at this Site is
permitted without the written permission of ResidencyGuide.com.
If you post content or submit material, and unless we indicate otherwise, you
grant ResidencyGuide.com and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant ResidencyGuide.com and its
affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you will
indemnify ResidencyGuide.com or its affiliates for all claims resulting from content you
supply. ResidencyGuide.com has the right but not the obligation to monitor and edit or
remove any activity or content. ResidencyGuide.com takes no responsibility and assumes
no liability for any content posted by you or any third party.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of this Site, you
warrant to ResidencyGuide.com that you will not use this Site for
any purpose that is unlawful or prohibited by these terms,
conditions, and notices. If you violate any of these terms,
your permission to use the Site automatically terminates.
LIABILITY DISCLAIMER
You use this Site at your own risk. If
your use of this Site or the materials therein results in the
need for servicing or replacing property, material, equipment or
data, neither ResidencyGuide.com nor its affiliates are
responsible for those costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. RESIDENCYGUIDE.COM AND/OR ITS AFFILIATES
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THIS SITE AT ANY TIME.
ALL INFORMATION, PRODUCTS, AND SERVICES ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN
NO EVENT SHALL RESIDENCYGUIDE.COM AND/OR ITS AFFILIATES AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR
INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND
SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF RESIDENCYGUIDE.COM AND/OR ITS
AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF 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.
INDEMNIFICATION
You agree to indemnify, defend and hold
harmless ResidencyGuide.com and its affiliates and suppliers from
any liability, loss, claim and expense (including attorneys'
reasonable fees) related to your violation of this Agreement.
You shall be the only authorized user of
ResidencyGuide.com through your Membership. You also agree that you
shall be solely responsible for all messages posted, statements
made, or acts or omissions that occur within the ResidencyGuide.com
through the use of your Membership. If you allow third parties to
access ResidencyGuide.com through your Membership, you will indemnify,
defend and hold harmless ResidencyGuide.com and its affiliates and
any independent contractor engaged by ResidencyGuide.com to assist in
monitoring the ResidencyGuide.com, against any liability, costs or
damages arising out of claims or suits by such third parties based
upon or relating to such access and use. If you believe someone has
used your Membership without your authorization, or has, in your judgment,
violated these Terms and Conditions, you should immediately notify
Webmaster@ResidencyGuide.com.
LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to web sites
operated by parties other than ResidencyGuide.com or its
affiliates. Such hyperlinks are provided for your reference
only. ResidencyGuide.com does not control such web sites,
and is not responsible for their contents. Inclusion of
hyperlinks by ResidencyGuide.com to such web sites does not imply
any endorsement of the material on such web sites or any
association with their operators, and you access and use such
sites, including information, material, products and services
therein, solely at your own risk. Furthermore, because the
privacy policy you just read is applicable only when you are on
our Site, once linked to another web site, you should read that
sites privacy policy before disclosing any personal
information.
CHANGES TO SITE
ResidencyGuide.com and/or its affiliates and/or
its suppliers may make improvements or changes in the
information, services, products, and other materials on this
Site, or terminate this Site, at any time without notice.
ResidencyGuide.com may modify this Agreement at any time, and
such modifications shall be effective immediately upon posting of
the modified Agreement. Accordingly, you agree to review
the Agreement periodically, and your continued access or use of
this Site shall be deemed your acceptance of the modified
Agreement.
RATINGS, MESSAGES AND OTHER CONTENT
ResidencyGuide.com provides its forums and rating system as a
means through which users can express their opinions publicly, and ResidencyGuide.com does not monitor or censor
these opinions or investigate any remarks posted by users for accuracy or reliability. The Ratings posted by any users
or third parties are their own and do not reflect the views of this website or its management.
Users may post Ratings, comments, and other content, and submit suggestions, ideas, comments, questions, or other information,
so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." User may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a rating or other content.
All the content including rating, message or other content, provided by user or other third party must abide by the
PROPERTY RIGHTS given above. Residencyguide.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly
review posted content.
Please use good judgment when leaving rating or feedback or other comments regarding other users or homes at ResidencyGuide.com or other third parties.
Please note that you may be held legally responsible for damages suffered by other ResidencyGuide.com users or third parties as a result of these remarks if
a court finds that these remarks are legally actionable or defamatory. Under federal law and state law, ResidencyGuide.com is not legally
responsible for any feedback or comments posted or made available on its site by any users or third parties, even if
that information is defamatory or otherwise legally actionable.
ResidencyGuide.com reserves the right to remove or restrict access to any information posted or made available on its site by its users or any third party, including in the following situations:
- where feedback or information posted contains language that is obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal or otherwise objectionable;
- where feedback or information posted is not directly related to ResidencyGuide.com or the website content and/or is primarily personal in nature;
- where a court or other governmental authority orders ResidencyGuide.com to remove or restrict access to feedback or information posted on its site;
- where feedback or information posted is shown to have been left by a minor or by a user who has conducted any fraudulent transaction;
- where feedback or information posted contains any personal identification information about a user or any third party, including name, address, phone number or e-mail address; or
- where feedback or information posted makes any reference to actions taken or purported to be taken by ResidencyGuide.com or any law enforcement organization.
If you believe that an ResidencyGuide.com user has left feedback for you or posted information that meets one or more of the criteria listed above, please contact feedback@ResidencyGuide.com.
This Agreement and the resolution of any
dispute related to this Agreement or this Site shall be governed
by and construed in accordance with the laws of Georgia,
without giving effect to any principles of conflicts of
law. Failure by ResidencyGuide.com or its affiliates to
insist upon strict enforcement of any provision of this Agreement
shall not be construed as a waiver of any provision or
right. 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 this Site or this Agreement must be filed
within one (1) year after such claim or cause of action arose or
be forever barred. Any legal action or proceeding between
ResidencyGuide.com and/or its affiliates and you related to this
Agreement shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in Fulton County of Georgia.
MISCELLANEOUS
This Agreement and the resolution of any
dispute related to this Agreement or this Site shall be governed
by and construed in accordance with the laws of Georgia,
without giving effect to any principles of conflicts of
law. Failure by ResidencyGuide.com or its affiliates to
insist upon strict enforcement of any provision of this Agreement
shall not be construed as a waiver of any provision or
right. 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 this Site or this Agreement must be filed
within one (1) year after such claim or cause of action arose or
be forever barred. Any legal action or proceeding between
ResidencyGuide.com and/or its affiliates and you related to this
Agreement shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in Fulton County of Georgia.
All the logos, product and service names are
trademarks owned by licensed to ResidencyGuide.com or its
affiliates (the "Marks"). Without the prior
written permission of ResidencyGuide.com or its appropriate
affiliates, you agree not to display or use in any manner, the
Marks.
All other trademarks are the property of their
respective owners.
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