|
FOR PLANETREALESTATE.COM™
Last Updated June 30, 2004
BY VISITING OR USING ANY OF THE PLANETREALESTATE.COM™
WEB SITE EXCEPT THIS PAGE AND THE HOME PAGE OF THE PLANETREALESTATE.COM
WEB SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND THAT
SUCH AGREEMENT CONSITUTES A BINDING CONTRACT BETWEEN YOU AND PLANETREALESTATE.COM,
INC. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE
DO NOT VISIT OR USE ANY OF THE PLANETREALESTATE.COM WEB SITE.
FURTHERMORE, BY USING ANY OF THE PLANETREALESTATE.COM WEB SITE, YOU
ACKNOWLEDGE THAT PLANETREALESTATE.COM IS NOT A REAL ESTATE BROKER,
MORTGAGE BROKER OR MORTGAGE LENDER. IT DOES NOT AID OR ASSIST BORROWERS
IN OBTAINING, SOLICIT BORROWERS OR LENDERS FOR, NEGOTIATE OR MAKE
LOANS SECURED BY LIENS ON REAL PROPERTY.
planetrealestate.com, Inc. and/or its partners (together referred
to as "planetrealestate.com") operate this web site and
associated web pages. For the purposes of these Terms of Use, planetrealestate.com
refers to this as the "planetrealestate.com web site."
planetrealestate offers you access to the planetrealestate.com web
site in exchange for your agreement to accept and comply with the
terms, conditions, and notices stated here and as may be modified
by planetrealestate.com from time-to-time. planetrealestate.com refers
to these terms, conditions, and notices, whether modified or unmodified,
as the "Agreement" or as the "Terms of Use". planetrealestate.com
reserves the right to modify in its sole discretion this Agreement
and/or the planetrealestate.com web site without providing notification.
You are responsible for regularly reviewing this Agreement. You can
review the most current version of the Agreement at any time at: http://www.planetrealestate.com/about/terms.htm.
ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN
WEB SITE OR WEB PAGES WITHIN THE PLANETREALESTATE.COM WEB SITE.
NOTICE FOR ALL FINANCIAL AND MORTGAGE
TOOLS - These are calculation tools, not
an offer to lend. Interest rates shown are for demonstration purposes
only. Actual market interest rates may vary.
GENERAL USE AND LIMITATIONS ON GENERAL
USE OF THE PLANETREALESTATE.COM WEB SITE
Except where we specify otherwise, planetrealestate.com offers you
access to the planetrealestate.com web site for your personal and
non-commercial use only. You agree that you will not use the planetrealestate.com
web site, in whole or in part, for any purpose that is unlawful or
prohibited by these Terms of Use or for any purposes other than those
that are personal and non-commercial. You agree that you will 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 provided
through or obtained from the planetrealestate.com web site. This means,
among other activities, that agree not to engage in the practices
of "screen scraping," "database scraping," or
any other activity with the purpose of obtaining lists of users or
other information. You agree that you will not use the planetrealestate.com
web site in any manner that could damage, disable, overburden, or
impair the planetrealestate.com web site or interfere with any other
party's use and enjoyment of the planetrealestate.com 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 planetrealestate.com web site.
If and when requested by planetrealestate.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 planetrealestate.com, you agree
that you will not access or attempt to access password protected,
secure or non-public areas of the planetrealestate.com web site. Unauthorized
individuals attempting to access prohibited areas of the planetrealestate.com
web site may be subject to prosecution.
Except with the written permission of planetrealestate.com, you agree
that you will not create links from any web site or web page to any
page within the planetrealestate.com web site with the exception of
the planetrealestate.com web site homepage. A clear and prominent
association indicating that the link is connected to the planetrealestate.com
web site homepage must accompany the origin of any link to the planetrealestate.com
web site homepage. However, you agree that you will not juxtapose
the "planetrealestate.com" name and mark and the link with
your name or any other material(s) in a manner which might lead to
the erroneous conclusion that there is any affiliation or association
between planetrealestate.com and you or any other person or entity.
You agree that if planetrealestate.com requests in writing that you
remove any link or links to the planetrealestate.com web site, you
will promptly do so. You agree that if you create any link to the
planetrealestate.com web site that you will not employ any technology
that results in the placement of content from the planetrealestate.com
web site in a frame and/or a reduced pop-up window and/or any other
display mechanism which changes the planetrealestate.com web site
from how they would appear if a user typed in their URL to a typical
browser line.
You agree that planetrealestate.com may in its sole discretion and
at any time terminate your access to and use of the planetrealestate.com
web site, or any part thereof, with or without notice.
From planetrealestate.com
The planetrealestate.com web site contains content and information
originated by planetrealestate.com. Such content is presented on the
web site as a public service, for the sole purpose of aiding you,
the individual consumer. planetrealestate.com, does not guarantee
the accuracy, sufficiency, correctness, veracity, completeness, or
timeliness of such information. You are responsible for confirming
the sufficiency and reliability of any such information.
From planetrealestate.com Affiliates
For your convenience, the planetrealestate.com web site contains content
and information from planetrealestate.com's affiliates and/or links
to affiliate web site ("Affiliate Content"). Such content
is not under the control of planetrealestate.com and planetrealestate.com
is not responsible for such content, including without limitation
any link contained in such content, or any changes or updates to such
content. planetrealestate.com is providing such content to you only
as a convenience, and the inclusion of such content does not imply
endorsement by planetrealestate.com of such content or the affiliate.
You may be subject to additional and/or different terms, conditions,
and privacy policies when you use affiliate services, content, software
or sites.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT
NOT LIMITED TO PLANETREALESTATE.COM CONTENT, AFFILIATE CONTENT, AND
PUBLIC CONTENT, PROVIDED BY PLANETREALESTATE.COM THROUGH THE PLANETREALESTATE.COM
WEB SITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. PLANETREALESTATE.COM
MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES
WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS,
VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION.
PLANETREALESTATE.COM 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. PLANETREALESTATE.COM SHALL HAVE NO LIABILITY TO
YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR
ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE,
CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
PLANETREALESTATE.COM WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
To planetrealestate.com
In order for you to participate in certain services that planetrealestate.com
provides through the planetrealestate.com web site, planetrealestate.com
requires you to provide specific information about yourself. If you
choose to participate in such services, you agree to provide true,
accurate and complete information and to refrain from impersonating
or falsely representing your affiliation with any person or entity.
planetrealestate.com is committed to maintaining the privacy and security
of any and all such information that you provide to planetrealestate.com
through the planetrealestate.com web site. To that end, planetrealestate.com
urges you to review the planetrealestate.com Privacy Policy, which
may be accessed by clicking on the following link:
planetrealestate.com Privacy Statement
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD PLANETREALESTATE.COM
AND ITS, SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES HARMLESS FROM
ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE
ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF
ANY INFORMATION, INCLUDED BUT NOT LIMITED TO PLANETREALESTATE.COM
SOLICITED INFORMATION AND AFFILIATE SOLICITED INFORMATION.
Non-Commercial Services
planetrealestate.com provides through the planetrealestate.com web
site a number of venues in which interactive services ("Interactive
Services"), such as on-line calculators, planning tools, and
checklists, are offered to you. planetrealestate.com offers such services
for the sole purpose of disseminating information for your benefit.
planetrealestate.com cannot guarantee the accuracy, sufficiency, correctness,
veracity, completeness, or timeliness of such services. You are responsible
for confirming the sufficiency and reliability of any such service.
THE INFORMATION CONTAINED IN AND PROVIDED
THROUGH PLANETREALESTATE.COM'S INTERACTIVE SERVICES ARE NOT INTENDED
NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. PLANETREALESTATE.COM
MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE
IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH
SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS,
VERACITY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA,
METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH
SERVICES. PLANETREALESTATE.COM 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 WITH REGARD TO SUCH SERVICES. PLANETREALESTATE.COM
SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES
OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING
LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY
ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION
CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL PLANETREALESTATE.COM
BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY
DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY
THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED
THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION
WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
Third-Party Services
A number of commercial services, such as financial and contractor
services, are offered by third parties through the planetrealestate.com
web site. You acknowledge that by permitting such services to be offered
through the planetrealestate.com web site, planetrealestate.com is
acting as a passive conduit for the transmission to such third parties
of any information related to such services that you submit to planetrealestate.com.
In order for planetrealestate.com to distribute your information and
facilitate contacts between you and such third parties, you hereby
grant planetrealestate.com permission to disclose any and all of the
information that you provide to planetrealestate.com to any such third
party that planetrealestate.com, in its sole discretion, deems relevant
and appropriate.
Any information that you provide to planetrealestate.com must be true,
complete, and accurate, must not represent you as someone else or
falsely identify you, and must not violate any law, statute, ordinance
or regulation. You are solely responsible for such information and
for all of the terms and conditions of transactions between you and
such third parties, including, without limitation, terms regarding
warranties, insurance, fees, taxes, titles and licenses. You must
not submit a request for a third party service through the planetrealestate.com
web site unless you intend, in good faith, to contract with such third
party for the use of such service.
planetrealestate.com is not and will not be responsible for (i) the
terms and conditions of any transaction between you and any third
party, (ii) any insufficiency of or problems with any such third party's
background, insurance, credit or licensing, or (iii) the quality of
services performed by any such third party or any other legal liability
arising out of or related to the performance of such services. In
the event that you have a dispute with any such third party, you release
planetrealestate.com (and its affiliates, agents and employees) from
any and all claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes.
GENERAL TERMS
This Agreement is governed by the laws of the State of Louisiana,
U.S.A. You hereby consent to the exclusive jurisdiction and venue
of courts sitting in Louisiana in all disputes arising out of or relating
to the use of the planetrealestate.com web site. Use of the planetrealestate.com
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 planetrealestate.com as a result
of this Agreement or use of the planetrealestate.com web site. planetrealestate.com's
performance of this Agreement is subject to existing laws and legal
process, and nothing contained in this Agreement is in derogation
of planetrealestate.com's right to comply with governmental, court
and law enforcement requests or requirements relating to your use
of the planetrealestate.com web site or information provided to or
gathered by planetrealestate.com 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 you and planetrealestate.com with respect to the
planetrealestate.com web site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between you and planetrealestate.com with respect to the planetrealestate.com
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
and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS
SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. PLANETREALESTATE.COM,
ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES TO THIS SITE AT ANY TIME.
IN NO EVENT SHALL PLANETREALESTATE.COM 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 PLANETREALESTATE.COM WEB SITE,
WITH THE DELAY OR INABILITY TO USE THE PLANETREALESTATE.COM 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 PLANETREALESTATE.COM WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE PLANETREALESTATE.COM WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
I PLANETREALESTATE.COM 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 PLANETREALESTATE.COM
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE PLANETREALESTATE.COM WEB SITE.
You agree to indemnify, defend and hold harmless planetrealestate.com,
its partners, affiliates, subsidiaries and suppliers from any liability,
loss, claim and expense (including attorneys' reasonable fees) related
to your violation of this Agreement.
All materials on the planetrealestate.com web site (as well as the
organization and layout of the planetrealestate.com web site) are
owned and copyrighted or licensed by planetrealestate.com, its affiliates
or its suppliers. (c) 2002 planetrealestate.com, Inc. All rights reserved.
No reproduction, distribution, or transmission of the copyrighted
materials at the planetrealestate.com web site is permitted without
the written permission of planetrealestate.com. Any rights not expressly
granted herein are reserved.
Trademarks referenced on the planetrealestate.com web site, including,
but not limited to planetrealestate™ are either trademarks or
registered trademarks of planetrealestate. REALTOR®,
REALTOR.com®
and One REALTOR Place®
are the registered trademarks of the
NATIONAL ASSOCIATION OF REALTORS®.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement 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.
Legal Department
planetrealestate.com, Inc.
2 W. St. George, UT 84770
St. George, UT 84770
Fax (435) 628-3599
|
|
