You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
You acknowledge that the information on this Website is provided "as is" for general information only and without warranties of any kind. This Website is intended to be a general discussion only. The materials on this Website are not meant to be used for any kind of advice, including but not limited to real estate advice, tax advice, or legal advice. If You are in any way dealing with any kind of transaction, real estate or otherwise, do not rely on this Website. You are advised to consult the appropriate licensed professionals. This Website is subject to change without notice. You acknowledge that information contained on this Website may not be current. Information in the fields discussed on this Website, including real estate, changes rapidly and thus the materials on this Website should not be relied upon to be fully comprehensive or error free. Your use of this Website does not create an attorney-client relationship. Any liability that might arise from Your use of this Website or reliance on it or any of its links is expressly disclaimed by the Company.
You agree not to use the Website or any Content for any of commercial uses unless you obtain Our prior written approval. You agree not to collect or harvest any personally identifiable information, including account names, from the Website. You agree not to solicit, for commercial purposes, any users of or visitors to the Website with respect to their Content.
Your Use of, and Access to, Content
Content is provided to you AS IS. You may access Content for Your information and personal use solely as intended through the provided functionality of the Website and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by Website for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Us or the respective licensors of the Content.
You understand that you will be exposed to Content from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Us, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your visiting to the Website and exposure to the Content.
We do not endorse any Content submitted to Us by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and We will remove all Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right to remove Content without prior notice.
Digital Millenium Copyright Act
A.If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
B.You may direct copyright infringement notifications to our DMCA Agent at 2428 W. Sylvania, Toledo, OH 43613, email: email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
C.Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
D.If a counter-notice is received by the Copyright Agent, YouTube may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at YouTube's sole discretion.
THE WEBSITE (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) IS PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Website will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from this Website is free of viruses, worms, trojan horses or other harmful components. Further, the Company does not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Website either in terms of its compatibility with hardware or other software, its reliability, timeliness, or otherwise. You rely on the Website solely at Your own risk. We do not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy, or non-infringement of any of the programs, materials, products or other information provided on this Website or by the companies or organizations linked or referred to on the Website. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE PRODUCT FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED.
You agree that You will hold harmless the Company and its officers, directors, employees, subsidiaries, parent businesses, affiliates, and all other parties related to the Company for any and all claims arising out of or related to Your access to or use of, or Your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to You or are construed by You to be obscene, offensive, defamatory, or that infringe upon Your intellectual property rights. In no event and under no circumstances shall the Company or the contributors of information to the Website or our sponsors, licensors or authorized representatives be liable to You or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of Your (or any authorized user's) or any unrelated party's use or inability to use the Website, or Your (or any authorized user's) or any unrelated party's reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Website.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by List'N Sell from its facilities in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
This Website and its original content, features, functionality, trademarks, trade names, logos, trade dress, copyright and other intellectual property ("Our IP") are the property of the Company and are protected by international copyright, trademark, and other intellectual property or proprietary rights laws. Unless expressly stated, We do not authorize You to use Our IP in any manner.
We may terminate Your access to the Website, without cause or notice, at any time. This may result in forfeiture and destruction of all information on or related to this Website or that You have provided to this Website that is associated with You. All provisions of these Terms of Service that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links and Third Parties
This Website may contain links to third-party websites that are not owned or controlled by Us. You acknowledge that We have no control over, and assume no responsibility for, the content, nature, privacy policies, terms and conditions, or practices of any third-party websites and services (including those that may be linked on this Website). We strongly advise You to read the terms and conditions, privacy policies, disclaimers, and any other legal information and agreements of any third-party websites that you visit (including those that may be linked to on this Website). Similarly, in certain instances We may permit third parties to provide testimonials and information. We may also from time to time post articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions, recommendations and content of third parties contained on this Website are not necessarily those of the Company, and We expressly disclaim any liability for such opinions, recommendations, and content generally.
This Website (excluding linked sites) is controlled by the Company, which is incorporated in the State of Delaware, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this Website both You and the Company agree that the statutes and laws of the State of Delaware, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website. You and the Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the State of Delaware with respect to such matters. The Company makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
If any of the provisions of these Terms of Service or portion thereof, or the application thereof to any person or circumstances, shall be held or declared to be invalid, illegal, void, or unenforceable, such provision shall be severed and the remainder of these Terms of Service (or of such provision) shall not be affected and shall remain in full force and effect. Furthermore, the severed provision shall be interpreted in a manner which accomplishes, to the extent possible, the original purpose of such provision. The waiver or failure of the Company to enforce any provision of these Terms of Service shall not prevent the Company from subsequent enforcement of that provision and shall not be construed as a waiver of such provision.
Changes to this Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated Terms of Service on the Website. Your use of the Website after such modifications have been posted constitutes Your acceptance of the new Terms of Service. Please review these Terms of Service periodically for any modifications. If You do not agree to any of these Terms of Service or any modifications to these Terms of Service, do not use, access, or continue to use or access this Website and discontinue any use of this Website immediately.
If You have any questions or comments regarding these Terms of Service, please contact Us at 2428 W. Sylvania, Toledo, OH 43613.
These Terms of Service became effective on November 6, 2017.