Terms of Use
AGREEMENT BETWEEN USER AND ALLS REAL ESTATE
The Alls Real Estate Web Site is comprised of various Web pages operated by Alls
Real Estate.
The Alls Real Estate Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the Alls Real Estate Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
Alls Real Estate reserves the right to change the terms, conditions, and notices
under which the Alls Real Estate Web Site is offered, including but not limited
to the charges associated with the use of the Alls Real Estate Web Site.
LINKS TO THIRD PARTY SITES
The Alls Real Estate Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Alls Real Estate and
Alls Real Estate 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. Alls Real Estate is not responsible for webcasting or any other
form of transmission received from any Linked Site. Alls Real Estate is providing
these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by Alls Real Estate of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Alls Real Estate Web Site, you warrant to Alls
Real Estate that you will not use the Alls Real Estate Web Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may
not use the Alls Real Estate Web Site in any manner which could damage, disable,
overburden, or impair the Alls Real Estate Web Site or interfere with any other
party's use and enjoyment of the Alls Real Estate Web Site. You may not obtain or
attempt to obtain any materials or information through any means not intentionally
made available or provided for through the Alls Real Estate Web Sites.
USE OF COMMUNICATION SERVICES
The Alls Real Estate Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
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.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
Alls Real Estate has no obligation to monitor the Communication Services. However,
Alls Real Estate reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Alls Real Estate reserves
the right to terminate your access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
Alls Real Estate 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 Alls Real Estate's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Alls Real Estate does not
control or endorse the content, messages or information found in any Communication
Service and, therefore, Alls Real Estate specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized Alls Real Estate
spokespersons, and their views do not necessarily reflect those of Alls Real Estate.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO Alls Real Estate OR POSTED AT ANY Alls Real Estate WEB SITE
Alls Real Estate does not claim ownership of the materials you provide to Alls Real
Estate (including feedback and suggestions) or post, upload, input or submit to
any Alls Real Estate Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission
you are granting Alls Real Estate, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Alls Real Estate is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in Alls Real Estate's 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 Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Alls Real Estate WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Alls Real Estate AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Alls Real Estate WEB SITE
AT ANY TIME. ADVICE RECEIVED VIA THE Alls Real Estate WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Alls Real Estate AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Alls Real Estate WEB SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. Alls Real Estate AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Alls Real Estate
AND/OR ITS SUPPLIERS 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 Alls Real Estate WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE Alls Real Estate WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE Alls Real Estate WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE Alls Real Estate WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Alls Real Estate 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. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE Alls Real Estate WEB SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Alls Real Estate WEB
SITE.
SERVICE CONTACT : kchiang@allandcompany.com
TERMINATION/ACCESS RESTRICTION
Alls Real Estate reserves the right, in its sole discretion, to terminate your access
to the Alls Real Estate Web Site and the related services or any portion thereof
at any time, without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in King County, Washington,
U.S.A. in all disputes arising out of or relating to the use of the Alls Real Estate
Web Site. Use of the Alls Real Estate Web Site 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 Alls Real Estate as a
result of this agreement or use of the Alls Real Estate Web Site. Alls Real Estate's
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Alls Real Estate's right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Alls Real Estate Web Site or information provided to
or gathered by Alls Real Estate with respect to such use. If any part of this agreement
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 remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the user
and Alls Real Estate with respect to the Alls Real Estate Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Alls Real Estate with respect to the Alls Real
Estate Web Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Alls Real Estate Web Site are: Copyright 2006 by My Website
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.