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Terms Of Use
ERA Mi Casa Real Estate is the interactive on-line service operated to
all our customers on the World Wide Web of the Internet, consisting of
information services and content provided by ERA Mi Casa Real Estate,
affiliates of ERA Mi Casa Real Estate and other third parties.
"Subscriber" means each person who establishes or accesses a connection
("Account") for access to and use of ERA Mi Casa Real Estate Interactive.
General
(A) This Agreement, which incorporates by reference other provisions applicable
to use of ERA Mi Casa Real Estate Interactive, including, but not limited
to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental
Terms") governing the use of certain specific material contained in
ERA Mi Casa Real Estate Interactive, sets forth the terms and conditions that
apply to use of ERA Mi Casa Real Estate Interactive by Subscriber. By using
ERA Mi Casa Real Estate Interactive (other than to read this Agreement for the
first time), Subscriber agrees to comply with all of the terms and conditions hereof.
The right to use ERA Mi Casa Real Estate Interactive is personal to Subscriber
and is not transferable to any other person or entity. Subscriber is responsible for
all use of Subscriber's Account (under any screen name or password) and for ensuring
that all use of Subscriber's Account complies fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting the confidentiality of
Subscriber's password(s), if any.
(B) ERA Mi Casa Real Estate shall have the right at any time to change or
discontinue any aspect or feature of ERA Mi Casa Real Estate Interactive, including,
but not limited to, content, hours of availability, services, and equipment needed for
access or use.
Changed Terms
ERA Mi Casa Real Estate shall have the right at any time to change or modify the
terms and conditions applicable to Subscriber's use of ERA Mi Casa Real Estate Interactive, or any part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof, which may be given
by means including, but not limited to, posting on ERA Mi Casa Real Estate Interactive, or by electronic or conventional mail, or by any other means by which
Subscriber obtains notice thereof. Any use of ERA Mi Casa Real Estate Interactive
by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber
of such changes, modifications or additions.
Equipment
Subscriber shall be responsible for obtaining and maintaining all telephone, telephone
line, computer hardware and software, and other equipment and services needed for
access to and use of ERA Mi Casa Real Estate Interactive and all charges related
thereto.
Subscriber Conduct
(A) Subscriber shall use ERA Mi Casa Real Estate Interactive for lawful purposes
only. Subscriber shall not post or transmit through ERA Mi Casa Real Estate Interactive any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without ERA Mi Casa Real Estate's express prior approval,
contains advertising or any solicitation with respect to products or services. Any conduct
by a Subscriber that in ERA Mi Casa Real Estate's discretion restricts or inhibits any
other Subscriber from using or enjoying ERA Mi Casa Real Estate Interactive will not be
permitted. Subscriber shall not use ERA Mi Casa Real Estate Interactive to advertise or
perform any commercial solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on-line information services competitive with
ERA Mi Casa Real Estate Interactive.
(B) ERA Mi Casa Real Estate Interactive contains copyrighted material, trademarks and
other proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of ERA Mi Casa Real Estate Interactive are copyrighted as a collective work under the United States copyright laws.
ERA Mi Casa Real Estate owns a copyright in the selection, coordination, arrangement
and enhancement of such content, as well as in the content original to it. Subscriber may
not modify, publish, transmit, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the content, in whole or in part. Subscriber may download
copyrighted material for Subscriber's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted without the express permission
of ERA Mi Casa Real Estate and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that
it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on ERA Mi Casa Real Estate Interactive any material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary right and
the burden of determining that any material is not protected by copyright rests with Subscriber.
Subscriber shall be solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By submitting material
to any public area of ERA Mi Casa Real Estate Interactive, Subscriber automatically grants,
or warrants that the owner of such material has expressly granted ERA Mi Casa Real Estate the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now known or hereafter developed
for the full term of any copyright that may exist in such material. Subscriber also permits any
other Subscriber to access, view, store or reproduce the material for that Subscriber's personal
use. Subscriber hereby grants ERA Mi Casa Real Estate the right to edit, copy, publish and
distribute any material made available on ERA Mi Casa Real Estate Interactive by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of ERA Mi Casa Real Estate,
its subsidiaries, affiliates and its third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranty; Limitation of Liability
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF ERA Mi Casa Real Estate INTERACTIVE IS AT
SUBSCRIBER'S SOLE RISK. NEITHER ERA Mi Casa Real Estate, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
ERA Mi Casa Real Estate INTERACTIVE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ERA Mi Casa Real Estate INTERACTIVE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH ERA Mi Casa Real Estate INTERACTIVE.
(B) ERA Mi Casa Real Estate INTERACTIVE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER
THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT
ERA Mi Casa Real Estate IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH SUBSCRIBER.
(D) IN NO EVENT WILL ERA Mi Casa Real Estate, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING ERA Mi Casa Real Estate INTERACTIVE OR THE ERA Mi Casa Real Estate INTERACTIVE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO
USE ERA Mi Casa Real Estate INTERACTIVE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ERA Mi Casa Real Estate INTERACTIVE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ERA Mi Casa Real Estate, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE
OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ERA Mi Casa Real Estate INTERACTIVE,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS
OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE
LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE,
SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY
PRICING OR OTHER INFORMATION. ERA Mi Casa Real Estate, ITS AFFILIATES, INFORMATION PROVIDERS
OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION
PROVIDED. NEITHER, ERA Mi Casa Real Estate, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF
THE INFORMATION.
Monitoring
ERA Mi Casa Real Estate shall have the right, but not the obligation, to monitor the content
of ERA Mi Casa Real Estate Interactive, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by ERA Mi Casa Real Estate and to satisfy any law, regulation or authorized government request. ERA Mi Casa Real Estate shall have the right in its sole discretion to edit, refuse to post or remove any material
submitted to or posted on ERA Mi Casa Real Estate Interactive. Without limiting the foregoing,
ERA Mi Casa Real Estate shall have the right to remove any material that
ERA Mi Casa Real Estate, in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
Indemnification
Subscriber agrees to defend, indemnify and hold harmless ERA Mi Casa Real Estate, its
affiliates and their respective directors, officers, employees and agents from and against
all claims and expenses, including attorneys' fees, arising out of the use of
ERA Mi Casa Real Estate Interactive by Subscriber or Subscriber's Account.
Termination.
Either ERA Mi Casa Real Estate or Subscriber may terminate this Agreement at any time.
Without limiting the foregoing, ERA Mi Casa Real Estate shall have the right to immediately
terminate Subscriber's Account in the event of any conduct by Subscriber which ERA Mi Casa Real Estate,
in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber
of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall
survive termination of this Agreement.
Third Party Content
ERA Mi Casa Real Estate is a distributor (and not a publisher) of content supplied by third parties
and Subscribers. Accordingly, ERA Mi Casa Real Estate has no more editorial control over such
content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available by third parties, including
information providers, Subscribers or any other user of ERA Mi Casa Real Estate Interactive,
are those of the respective author(s) or distributor(s) and not of ERA Mi Casa Real Estate.
Neither ERA Mi Casa Real Estate nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
(Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers
of warranty.)
In many instances, the content available through ERA Mi Casa Real Estate Interactive represents
the opinions and judgments of the respective information provider, Subscriber, or other user not under
contract with ERA Mi Casa Real Estate. ERA Mi Casa Real Estate neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or statement made on ERA Mi Casa Real Estate Interactive by anyone other than authorized ERA Mi Casa Real Estate employee spokespersons while
acting in their official capacities. Under no circumstances will ERA Mi Casa Real Estate be liable
for any loss or damage caused by a Subscriber's reliance on information obtained through
ERA Mi Casa Real Estate Interactive. It is the responsibility of Subscriber to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other content available through
ERA Mi Casa Real Estate Interactive. Please seek the advice of professionals, as appropriate, regarding
the evaluation of any specific information, opinion, advice or other content.
Miscellaneous
This Agreement and any operating rules for ERA Mi Casa Real Estate Interactive established by
ERA Mi Casa Real Estate constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements between the parties with respect
to such subject matter. This Agreement shall be construed in accordance with the laws of the State of
Georgia, without regard to its conflict of laws rules. 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. The
section headings used herein are for convenience only and shall not be given any legal import.
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