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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.


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