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Terms Of Use
THIS IS A BINDING LEGAL CONTRACT. CAREFULLY READ THESE WEBSITE TERMS OF USE (“TERMS
OF USE”) BEFORE USING THE WEBSITE HAVING THE DOMAIN NAME OF WWW.PPAR.COM (THE “WEBSITE”).
BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE,
AND BE LIABLE TO THE PIKES PEAK REALTOR® SERVICES CORP. AND THE PIKES PEAK ASSOCIATION
OF REALTORS® (INDIVIDUALLY AND COLLECTIVELY THE “WEBSITE OWNER”) FOR ANY NONCOMPLIANCE
WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT
USE THE WEBSITE, AND MAY NOT CREATE OR MAINTAIN A LINK TO THE WEBSITE.
1. License.
Website Owner hereby grants to you a revocable, limited, nonexclusive license for
the duration of your current viewing session to access, download and print only
individual real estate listings, comprising factual information and creative content
displayed on the Website (the “Listing Content”), solely for personal and non-commercial
purposes, and no other purposes, and subject to the limitations set forth in these
Terms of Use. This license will terminate immediately upon any noncompliance by
you with any of the terms of these Terms of Use, or at any other time upon notice
to you. All rights not expressly granted in these Terms of Use are reserved.
2. Limitations on Use
2.1 Except as expressly provided under these Terms of Use or upon Website
Owner’s express prior written consent, you may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, upload, post, license, frame in
another website, use on any other website, create derivative works of, transfer,
sell, and/or exploit for commercial use, any content, software, real estate listings,
databases or other lists, products or services provided through or obtained from
the Website, including by email or other electronic means, without the prior written
consent of Website Owner. In addition, you may not circumvent any technological
measures or features of the Website that are intended to or effectively control
access to the Listing Content, or any other protected content or information included
on the Website. The Website may contain robot exclusion headers. The real estate
listings displayed on the Website, including the Listing Content, are updated on
a real-time basis, and are proprietary or licensed to Website Owner. You agree that
you will not use any robot, spider, scraper or other automated means to access the
Website for any purpose without Website Owner’s express prior written consent.
2.2 You further agree that you will not:
- take any action that imposes or may impose (in Website Owner’s sole discretion)
an unreasonable or disproportionately large load on Website Owner’s infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display
any content from the Website without Website Owner’s express prior written consent
and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Website or any
activities conducted on the Website; or
- bypass Website Owner’s robot exclusion headers or other measures Website Owner may
use to prevent or restrict access to the Website.
3. Your Representations
and Warranties.
You represent and warrant to Website Owner that any information you provide on the
Website will be true, accurate and complete, and will not violate any law, statute,
ordinance or regulation. You warrant that you will not falsely identify yourself
or impersonate or falsely represent your affiliation with any person or entity.
Except with the written permission of Website Owner, you agree that you will not
access or attempt to access password protected, secure or non-public areas of the
Website. Unauthorized individuals attempting to access prohibited areas of the Website
may be subject to legal prosecution. You further warrant to Website Owner that you
will not use the Website for any purpose that is unlawful or prohibited by these
Terms of Use, including without limitation the posting or transmitting of any threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material.
4.
Changes to These Terms Of Use
Website Owner reserves the right, in its sole discretion, to modify, update, or
otherwise revise these Terms of Use at any time. Such revisions shall be effective
immediately upon posting on the Website. By using the Website or creating, maintaining,
or using, if authorized by the Website Owner, a link to the Website, after Website
Owner has posted any modifications, updates or revisions, you agree to be bound
by such revised Terms of Use. In addition to these Terms of Use, additional terms
may govern use of certain web pages within the Website or the creation, maintenance
and use of a link to the Website, as such terms may be contained on the web pages
of the Website. Provided that such additional terms are not contrary to these Terms
of Use, by accessing and using such web pages, and creating, using, and maintaining
a link to the Website), you agree to be bound by such terms.
5.
Links To Other Websites
The Website may contain links to other websites and advertising and content of third
parties (“Third Party Content”). The Third Party Content is provided for your convenience
and information only and, as such, you access them at your own risk. You agree and
acknowledge that Website Owner is not responsible for, and does not endorse the
Third Party Content or anything that may be delivered to you or your computer as
a result of accessing any Third Party Content or using any related third party product
or service, whether or not Website Owner is affiliated with the owners of such Third
Party Content. Without limiting the generality of the foregoing, Website Owner is
not responsible and shall have no liability for (i) any viruses or other illicit
code that may be downloaded through a link found on the Website, or by accessing
Third Party Content or (ii) any advertising, information, content, services or products
provided to you from of any third parties.
6. Terms for Creation of a Link
6.1 Upon your acceptance of the terms and conditions of these Terms of Use,
you are authorized to establish a hypertext link (the “Link”) from your website
(“Your Website”) to the home page of the Website. Deep linking to content appearing
in the web pages below the home page of the Website is not permitted
6.2 If you create a Link, Your Website shall not:
- Create frames around the Website or otherwise alter the visual presentation of the
Website.
- Expressly state or otherwise imply that Website Owner is endorsing you, your
products or services, or the content of Your Website.
- Expressly state or otherwise imply an affiliation between you and Website
Owner without the prior written consent of Website Owner.
- Misrepresent your relationship with Website Owner or present false or misleading
impressions about Website Owner’s products or services.
- Disparage the Website or display the Link in a manner that that diminishes
Website Owner’s goodwill.
- Include or display any material which is immoral, unethical, illegal or inappropriate
for a professional website.
6.3 You acknowledge and agree that you are not a publisher, distributor, agent,
partner, franchiser or endorser of the Website, and Website Owner is not a publisher,
distributor, agent, franchiser or endorser of Your Website. Website Owner retains
exclusive editorial control over the Website and has the right to make administrative
or operational decisions it deems necessary or desirable in the normal course of
business.
6.4 You warrant to Website Owner that (1) you have duly registered the domain
name of Your Website with all applicable authorities and/or have a license to use
Your Website, and you possess all rights necessary to use such the domain name for
Your Website, and (2) the content of and materials placed on or within Your Website,
and any hyperlinks on Your Website, do not and will not (i) infringe upon or violate
any United States copyright, patent, trademark or other proprietary right of a third
party, or (ii) violate any applicable law, statute, regulation, or non-proprietary
right of a third party.
7.
Proprietary Rights.
You acknowledge and agree that the trademarks of Website Owner (the “Marks”), the
Website, the Listing Content, the compilation or real estate listings, and the content
and look and feel of the Website, to the extent protectable, are proprietary, original
works of authorship of Website Owner, or licensors of Website Owner, protected under
United States and worldwide copyright, trademark, and trade secret laws of general
applicability. You further acknowledge and agree that all right, title and interest
in and to the Marks, the Website, and the content and look and feel of the Website
are and shall remain with Website Owner or its licensors. You agree not to contest
or infringe these rights, directly or indirectly, at any time. Without the prior
written consent of Website Owner, your modification of the content, use of the content
on any other website or networked computer environment, or use of the content for
any purpose other than personal, non-commercial use, violates the copyrights, trademarks
or other intellectual property rights of Website Owner or its licensors, and is
prohibited. Except as expressly provided under this Agreement, you may not use on
any website, including Your Website, or on any other materials, the Marks, or any
other trademarks or copyrighted materials appearing on the Website, including without
limitation any logos, without the express prior written consent of the owner of
the mark or copyright.
8.
Interruptions in Service
The Website and access to the content of the Website may from time-to-time be unavailable
to you or users of Your Website, whether because of technical failures or interruptions,
intentional downtime for service or changes to the Website, or otherwise. You agree
that Website Owner shall have no liability of any nature to you or any third party
for any modifications to the Website, and any interruption or unavailability of
access to the Website or its content.
9.
No Warranties; Exclusion of Liability
You understand and agree to the following:
- a) YOUR USE OF AND RELIANCE UPON ANY AND ALL CONTENT AND SERVICES, INCLUDING WITH
RESPECT TO ANY REAL ESTATE LISTING, CONTAINED IN OR PROVIDED THROUGH THE WEBSITE
IS AT YOUR SOLE RISK. SUCH CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. WEBSITE OWNER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES,
OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS,
VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE DATA, METHODS,
OR CONTENT CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. WEBSITE OWNER DOES NOT
WARRANT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBSITE OWNER 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.
- IN NO EVENT WILL WEBSITE OWNER BE LIABLE TO YOU, ANY USER OF THE WEBSITE OR
YOUR WEBSITE, OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE
UPON THE CONTENT CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. ANY CONTENT YOU DOWNLOAD
OR OTHERWISE OBTAIN THROUGH THE USE OF THE WEBSITE, OR ANY LINKED WEBSITE, IS AT
YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT,
SOFTWARE, YOUR WEBSITE, LOSS OF DATA, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO
OR ALTERATION OF PERSONAL RECORDS, THE RELIANCE UPON OR USE OF DATA, CONTENT, OPINIONS
OR OTHER MATERIALS APPEARING ON THE WEBSITE OR A LINKED WEBSITE, OR OTHER PERSONAL
LOSS THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY MATERIAL ON THE WEBSITE OR A LINKED
WEBSITE.
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WEBSITE OWNER BE
LIABLE TO YOU, OR ANY USER OF THE WEBSITE OR YOUR WEBSITE, OR TO ANY THIRD PARTY
FOR ANY LOSS, EXPENSE, OR DAMAGE, OF ANY NATURE, INCLUDING CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED
DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON CONTENT OR SERVICES OBTAINED
BY OR PROVIDED THROUGH THE WEBSITE, OR FOR ANY ERROR OR OMISSION, OR OTHERWISE IN
ANY WAY CONNECTED WITH USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, INCLUDING
NEGLIGENCE, OR OTHERWISE, EVEN IF WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
10.
Indemnification
You agree to indemnify, defend and hold harmless Website Owner, its officers, directors,
employees, shareholders, agents, affiliates, suppliers, successors and assigns from
and against any and all liability, loss, claim, demand, suit, proceeding, damage,
cost and expense, including reasonable attorneys fees and costs, arising out of
or resulting from (a) any violation by you of these Terms of Use; (b) the content
of Your Website; or (c) any negligent acts, errors or omissions of you or your agents
or contractors.
11. Miscellaneous
11.1 These Terms of Use and all other terms and conditions related to the
use of the Website shall be governed by and construed in accordance with the laws
of the state of Colorado, United States of America, without regard to its conflict
of law provisions. By use of the Website or creating a Link, you hereby consent
to the exclusive jurisdiction of and venue in the federal and state courts located
in El Paso County and/or the state of Colorado, United States of America, for all
disputes arising out of or related to the use of the Website, any information contained
on or provided through the Website, and the creation and maintenance of a Link,
and you waive all defenses to the exclusive jurisdiction of such courts.
11.2 If any provisions of these Terms of Use shall be unlawful, void or for
any reason unenforceable, then such provision shall be deemed severed from these
Terms of Use and shall not affect the validity and enforceability of any remaining
provisions.
11.3 These Terms of Use supersede any prior agreements or understandings between
you and the Website Owner not incorporated into these Terms of Use. In the event
of any inconsistency between these Terms of Use and any future posted Terms of Use,
the last posted Terms of Use shall control.
11.4 There are no third party beneficiaries of these Terms and Conditions.
11.5 If you violate any of these Terms of Use, your permission to use the
Website and to create or maintain a Link, and your license to the Marks shall immediately
terminate without the necessity of any notice to you. Website Owner retains the
right to deny access to the Website to anyone at its sole discretion, for any reason,
including but not limited to violation of these Terms of Use. Website Owner may,
at any time, in its sole discretion for any reason terminate only your right to
create and maintain a Link, without affecting your right to otherwise access and
use the Website in accordance with these Terms and Conditions. Upon notice of any
termination of your right to create and maintain a Link and license to the Marks,
and you shall immediately remove any and all Links and Marks from Your Website.
11.6 We respect your privacy and encourage you to read our Privacy Statement
so you can make an informed decision about using the Website
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