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Terms
and Conditions YOUR USE OF THIS WEB SITE
CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
This Web site (the "Web Site") is a service made available
by Locations 06. ("Provider") and all content, information
and software provided on and through the Web Site ("Content")
may be used solely under the following terms and conditions ("Terms
of Use").
1. WEB SITE LICENSE.
As a user of this Web Site you are granted a nonexclusive, nontransferable,
revocable, limited license to access and use the Web Site and content
in accordance with these Terms and conditions of Use. Provider may
terminate this license at any time for any reason.
2. PROVIDER.
Locations 06 ("we," "our" or "us"),
provides the World Wide Web Sites (the "Site," located
at http://www.locations06.com), together with the advertising and
content on the Site and any related services (collectively, the
"Services"), subject to your compliance with the terms
and conditions set forth in this agreement ("Agreement").
By using the Site or the Services, you agree to be bound by these
terms and conditions, and any other agreement you are required to
enter into with Locations 06 in conjunction with your participation
in the Site. If you do not agree to these terms and conditions,
please do not use the Site or the Services. This Agreement is made
between Locations 06 and you, as a registered member or visitor
("you"). The words "you" or "your"
shall also mean heirs, executors, administrators, successors and
legal representatives. We reserve the right at any time to impose
or change any fees or charges for use of the Site or Services, change
the Site or the Services, including eliminating or discontinuing
any content on or feature of any Site or change the terms of this
Agreement. Any changes we make will be effective immediately on
notice, which we may give by posting the revised Agreement on the
Site. Your use of the Services after such notice will be deemed
acceptance of such changes.
3. USE OF SITE.
While using the Site and/or Services, you agree to comply with all
applicable laws, rules and regulations. We have no obligation to
monitor the Site or any materials that you transmit to the Site
(including, without limitation, any submission or other material).
However, you acknowledge and agree that we have the right to monitor
the Site and the materials you transmit, from time to time, and
to disclose any information (including your personally identifiable
information) to any third party in order to operate the Site properly,
to protect Locations 06, the Site, the Services, our sponsors, partners,
affiliates, and our members and visitors; and to comply with any
legal obligations, regulations, or governmental requests. Locations
06 may condition your right to participate on the Site or in the
Services on your furnishing to Locations 06 and keeping updated
at all times, such personal identifying information as Locations
06 may require.
4. RULES OF CONDUCT
While using the Site or the Services, you agree not to:
-Restrict or inhibit any other visitor or member from using the
Site or the Services;
-Post or communicate pornographic material on the Site;
-Transmit any content or information that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, vulgar, obscene,
hateful, fraudulent, discriminatory, or otherwise objectionable,
or infringes on our or any third party's intellectual property or
other rights;
-Transmit any information, software, or other material that contains
a virus, worm, time bomb or other harmful or disruptive component;
-Post or transmit chain letters or pyramid marketing schemes;
-Post or transmit unsolicited advertising, promotional materials,
or other forms of solicitation;
-Modify, adapt, sublicense, translate, sell, reverse engineer, decompile
or disassemble any portion of the Site, the Services, or the software
underlying either of them, or modify any materials downloaded from
the Site;
-Modify, copy, or tamper with any listing or any other content that
you may access through the Site, or use any content that you might
access through the Site or the Services for any reason other than
contacting property managers, roommates or associated services listed
on the Site and collect, harvest or disclose information about other
Site visitors or members without their consent;
-Do any act which interferes with or slows the operation of the
Site or the Services;
-Use any application or other device or process to retrieve, index
or reproduce or circumvent the navigational structure or presentation
of the Site, the Services or their contents;
-Utilize information on the site for any fraudulent or criminal
purpose; and
-Use the Site or Services for any unlawful purpose.
5. SUBMISSIONS AND LISTINGS
You agree to list only properties managed by your property management
firm. You are solely responsible for the accuracy of listings regardless
of who enters the information on the website. All listings will
remain on the site and may be deleted in the sole discretion of
Locations 06. You agree and understand that although the use of
the site is of no cost to you presently, Locations 06 reserves the
right to charge a subscription rate for the use of the site in the
future. Furthermore, you understand that in the future, Locations
06 may solicit you for subscription to the site and search engine.
All information regarding the pricing structure for our services
may be found on the site http://www.locations06.com.
6. PROPRIETARY RIGHTS
The Site and the Services are owned and operated by Locations 06
and others pursuant to contractual arrangements. You acknowledge
and agree that copyrights, trademarks, service marks, patents, trade
secrets, or other proprietary rights and laws protect all content
and materials available on the Site and in the Services. The following
trademarks: Locations 06, and all associated logos, graphics, images
and domain names, including, without limitation, http://www.locations06.com,
are the trade names, trademarks, service marks, logos, and/or domain
names of Locations 06. You agree that you will not challenge the
respective ownership rights of Locations 06 or any third party in
or to the Locations 06 Marks or any third party marks, and that
you will not register or attempt to register any trademark, service
mark, logo, and/or domain name that is identical or confusingly
similar to any of the Locations 06 Marks or third party marks contained
on the Site or in the Services.
7. TERMINATION
Locations 06 reserves the right, in its sole discretion, to terminate
your access to all or part of the Site or the Services, at any time,
with or without notice.
8. DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT
YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. LOCATIONS 06 PROVIDES
NO ASSISTANCE INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL OR CUSTOMER
SUPPORT.
LOCATIONS 06 MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL
MEET YOUR SYSTEM'S REQUIREMENTS, OR THAT THE SITE OR THE SERVICES
(OR THE SERVERS THAT MAKE THEM AVAILABLE) WILL BE UNINTERRUPTED,
TIMELY, SECURE, ERROR FREE OR FREE OF HARMFUL COMPONENTS; NOR DOES
LOCATIONS 06 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE OR THE SERVICES OR AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE
SERVICES OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED.
LOCATIONS 06 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE OR THE SERVICES 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 SUCH MATERIAL AND/OR DATA.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOCATIONS 06 DISCLAIMS
ANY WARRANTY FOR CONTENT ON THE SITE OR THAT THE SERVICES ARE APPROPRIATE
FOR ANY PARTICULAR AUDIENCE OR READER, OR THAT SUCH MATERIAL IS
FREE OF OFFENSIVE, INDECENT, OBSCENE, DISCRIMINATORY, DEFAMATORY
OR OTHER POTENTIALLY INAPPROPRIATE ELEMENTS. YOU ACKNOWLEDGE THAT
WE DO NOT AND CANNOT REVIEW AND MONITOR CONTENT ON THE SITE OR IN
THE SERVICES ON A REGULAR BASIS, AND YOU HEREBY AGREE THAT WE SHALL
HAVE NO LIABILITY FOR ANY DAMAGES OR COSTS THAT MAY ARISE FROM OUR
PUBLICATION OR YOUR VIEWING OR READING OF, EXPOSURE TO, OR ACCESS
TO ANY POSTING OF CONTENT ON THE SITE OR THE SERVICES.
THE SITE AND SERVICES MAY CONTAIN LINKS TO THIRD-PARTY SITES. THOSE
THIRD-PARTY SITES ARE NOT UNDER THE CONTROL OF LOCATIONS 06 AND
LOCATIONS 06 IS NOT RESPONSIBLE FOR THE CONTENT ON ANY LINKED SITE.
IF YOU ACCESS A THIRD-PARTY SITE FROM OUR SITE, THEN YOU DO SO AT
YOUR OWN RISK. THE INCLUSION OF THE LINK DOES NOT IMPLY THAT WE
ENDORSE OR ACCEPT ANY RESPONSIBILITY FOR THE CONTENT ON THOSE THIRD-PARTY
SITES.
LOCATIONS 06 MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SITE OR THE SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE OR BY WAY OF THE SERVICES. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOCATIONS
06 OR THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LOCATIONS 06, ITS LICENSEES, SUCCESSORS,
ASSIGNS, RELATED OR AFFILIATED ENTITIES, ADVERTISERS, SPONSORS,
PROVIDERS, CONTRACTORS, CONSULTANTS OR PROFESSIONAL ADVISORS OR
THE PARENT, SUBSIDIARY OR AFFILIATED COMPANIES OF EACH OF THEM AND
ANY OF ITS OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS,
REPRESENTATIVES OR AGENTS (THE "LOCATIONS 06 PARTIES")
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST OPPORTUNITY THAT RESULT
FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
EVEN IF LOCATIONS 06 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LOCATIONS
06 PARTIES' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO
THE EXTENT REQUIRED BY LAW.
9. INDEMNIFICATION
You shall be fully responsible for any violation of this Agreement
or of any other agreement between you and Locations 06. You agree
to defend, indemnify, and hold harmless the Locations 06 Parties
from all liabilities, claims, and expenses, including attorneys'
fees that arise from your use or misuse of the Site or the Services.
Locations 06 reserves the right to assume the exclusive defense
and control of any matter otherwise subject to indemnification by
you, in which event you will cooperate fully with Locations 06 in
asserting any available defenses.
10. SEVERABILITY AND INTEGRATION
This Agreement and any other agreement between you and Locations
06, constitutes the entire agreement between you and Locations 06
with respect to the Site and the Services and supersedes all prior
or contemporaneous communications and proposals (whether oral, written,
or electronic) between you and Locations 06 with respect to the
Site and the Services. If any part of this Agreement is held invalid
or unenforceable, that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain
in full force and effect.
11. MISCELLANEOUS
This Agreement is not assignable or otherwise transferable by you,
and any such transfer, assignment or sublicense shall be null and
void. No agency, partnership, joint venture or employment relationship
between you and Locations 06 is intended or created by this Agreement.
No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or
default. Any heading, caption or paragraph title contained in this
Agreement is inserted only as a matter of convenience and in no
way defines or explains any paragraph or provision hereof. Any notifications
or other communications that we undertake to send to you hereunder
will be deemed conclusively given if sent to the email address submitted
as part of your registration with Locations 06. If such email address
does not function, Locations 06 will have no obligation to send
you notifications or other communications by other means, notwithstanding
that other contact information for you may be available to us.
Your electronic consent to this Agreement (or to any other agreement
between you and Locations 06), whether by clicking "I AGREE"
or similar buttons provided in conjunction with any such agreement,
your submission of any agreement with your initials and/or name
entered into a box provided for that purpose together with the agreement,
and/or your registration to use the Site or the Services governed
by this Agreement, shall constitute your electronic signature and,
according to the provisions of law (including, without limitation,
copyright law), shall be of the same effect as if you had signed
such agreement manually. Your access and use of the Site or the
Services also constitutes your acceptance of this Agreement. Upon
our request, you agree to sign a non-electronic version of this
Agreement. A printed version of this Agreement and/or of any notice
given in electronic form shall be admissible in judicial, administrative,
or arbitration proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
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