Terms and Conditions
The terms and conditions (as amended
from time to time as provided herein) shall apply to each time you visit
the ThisProperty.com website. The submission of information to, and use
of, the real estate advertising service ("Service") available through
the ThisProperty.com web site is subject to the following terms and conditions.
BY SUBMITTING INFORMATION to, or accessing information from, the Service,
YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND
CONDITIONS. These terms and conditions are a legal agreement between
you and ThisProperty.com, a division of Ament Properties, LLC ("ThisProperty®").
If you do not agree to these terms and conditions, do not submit information
to, or access information from, the Service. All questions concerning
this agreement should be directed to: admin@ThisProperty.com.
Submission and Administration of Advertisements.
We supply web presence of content supplied
by third parties and users of the Services. Accordingly, we have no editorial
control over such content. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available by
third parties, including information provided by other users of the Services,
are those of the respective author(s) or providers(s) of that information
and not of ThisProperty®. We neither endorse nor are responsible for
the accuracy or reliability of any opinion, advice, information, or statement
made on the ThisProperty® Web site or utilizing the Services by anyone
other than authorized ThisProperty® spokespersons while acting in
their official capacities. We have the right, but not the obligation,
to monitor and review the content on the ThisProperty® Web site and
your account to determine compliance with these Terms and any other operating
rules established by us, to satisfy any law, regulation, or authorized
government request, or for other purposes. You understand and acknowledge
that we do not pre-screen or monitor content for accuracy or reliability,
but that we and our designees shall have the right (but not the obligation)
in our sole discretion to remove any content from the Services, without
liability to you for any reason. Without limiting the foregoing, we and
our designees shall have the right to remove any content that violates
the terms, that we believe may create liability for us, or that we deem
otherwise objectionable.
The Customer understands ThisProperty®
is a property advertising service firm that provides web presence to its
Customers. ThisProperty® is not paid a commission or any fees for
real estate transactions and are not in any way associated with procurement
of real estate sales. The Customer, the Customers agents, legal advisors
and representatives shall be responsible for all action and response to
solicited offers or bids.
While ThisProperty® shall take all
reasonable efforts for data back-up and business resumption, the Customer
will be solely responsible for retaining back-up copies of all information,
photographs, and other materials it provides to ThisProperty®.
Use of Information.
Customer agrees to treat all information
and advertisements obtained from the Service as proprietary to ThisProperty®.
ThisProperty® does not ensure the accuracy of, endorse, or recommend
any advertisements and customer uses such information at its own risk.
Customer may access the advertisements solely to obtain initial information
from which further evaluation and investigation may commence. Customer
shall limit access and use of advertisements to personal and internal
use, and shall not use advertisements obtained from the Service for further
distribution, publication, public display, or preparation of derivative
works. Customer shall not use or reproduce advertisements obtained from
the Service for, or in connection with, any other listing or advertising
service or device.
Payment Terms.
Customer agrees to pay for all
products and services ordered through the ThisProperty® website using
the payment method indicated. Any attorneys fees, court costs, or other
costs incurred in collection of delinquent amounts shall be paid by Customer.
If payment is not current, ThisProperty® may immediately cease in
providing the Service to the Customer. Currently, ThisProperty® is
on a one, three and six month subscription basis with Customer having
the right to remove the listing at anytime during that period. However,
there will be no refunds of unused months. ThisProperty® reserves
the right to change its fees or billing methods at any time.
Local and municipal sign restrictions and ordinances.
Many municipalities and local governments
have ordinances and/or restrictions on the size and use of signs on property.
If you suspect this may be the case in your municipality it is best to
check with your local government prior to choosing any of our optional
signage.
Limitation of Liability and Indemnification.
IN NO EVENT SHALL THISPROPERTY®
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS
OF BUSINESS, LOSS OF USE OR OF DATA, OR OF INTERRUPTION OF BUSINESS) ARISING
OUT OF THIS AGREEMENT. Customer's exclusive remedy, and ThisProperty's
entire liability under this Agreement shall be a refund to Customer of
the fees paid to ThisProperty® hereunder, and in no event will ThisProperty's
liability for any reason exceed such fee. ThisProperty® (and it's
member(s), employees, and agents) shall not be liable for any damages
whatsoever arising from Customer's use of the Service, and Customer shall
indemnify ThisProperty® (and ThisProperty's member(s), directors,
employees, and agents), and hold each of them harmless from and against
any and all costs, damages, or losses by any of them (including, without
limitation, reasonable attorneys' fees) as a result of a claim by any
person other than Customer arising from Customer's use or application
of the Services or the deliverables.
Warranty Disclaimers.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES
IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES.
WE MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
(ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL
BE ACCURATE OR RELIABLE; (iii) THE ACCURACY, RELIABILITY, OR QUALITY OF
ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL OBTAINED THROUGH
THE SERVICES WILL MEET YOUR EXPECTATIONS; (iv) DEFECTS IN THE SERVICES
WILL BE CORRECTED; OR (v) THE THISPROPERTY® WEB SITE OR THE SERVER
THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION.
WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES
OFFERED BY THIRD PARTIES, AND WE MAKE NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
THISPROPERTY® OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
Other Rights of ThisProperty®.
Customer agrees that ThisProperty®
shall have the right to use the advertisements and other information submitted
to it for any purpose, including without limitation for publication of
all or part of such advertisement on the world wide web for unrestricted
use by customers. ThisProperty® shall have the sole authority to
choose the manner in which any advertisement will be received, displayed,
and used by the service, and reserves the right to remove all or any part
of an advertisement or refuse services to anyone at any time in its sole
discretion. ThisProperty® shall have no obligation to (i) resolve
disputes among users of the Service; or (ii) monitor or verify the accuracy
or proper use of the advertisements.
Miscellaneous
The terms constitute the entire and exclusive
and final statement of the agreement between you and ThisProperty®
with respect to the subject matter hereof, and govern your use of the
Services, superseding any prior agreements or negotiations between you
and ThisProperty® with respect to the subject matter hereof. The terms
and the relationship between you and ThisProperty® shall be governed
by the laws of the State of Wisconsin as applied to agreements made, entered
into, and performed entirely in Wisconsin by Wisconsin residents, notwithstanding
your actual place of residence. All lawsuits arising out of the terms
or out of your use of the Services shall be brought in the Federal or
State courts having jurisdiction over Outagamie County, Wisconsin and
you and ThisProperty® hereby irrevocably submit to the exclusive personal
jurisdiction of such courts for such purpose. Our failure to exercise
or enforce any right or provision of the terms shall not constitute a
waiver of such right or provision. If any provision of the terms is found
by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties’ intentions
as reflected in the provision, and that the other provisions of the terms
remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or
related to use of the Services or the terms must be filed within one (1)
year after such claim or cause of action arose or be forever barred. The
section titles in the terms are for convenience only and have no legal
or contractual effect.
|