DISCLAIMER / TERMS OF USE
2007 Equistone Partners Disclaimer:
The material in this site is based upon
information which we consider reliable, but because it has been supplied by third
parties, we cannot represent that it is accurate or complete, and it should not
be relied upon as such. These offerings are
subject to the possibility of errors, omissions, change of price, rental or other
conditions, prior sale, lease or financing, or withdrawal without notice. We include
projections, opinions, assumptions or estimates for example only, and they may not
represent current or future performance of the property. You and your tax and legal
advisors should conduct your own investigation of the property and transaction.
Terms of Use
(Effective as of October 21, 2007)
This Equistone Partners Terms of Use agreement (this "agreement") is a legal agreement between you and Equistone
Partners, Inc. ("Equistone Partners", "we", "us" or "our"), providing, among other
things, the terms and conditions for your use of our Web site accessible at http://www.Equistone.com
(the "site").
We may periodically modify these Terms of Use and will post a copy of the amended agreement
at http://www.Equistone.com/Public/TermsOfUse.aspx.
If you do not agree to, or cannot comply with, the agreement as amended, you should
not use the site. You will be deemed to have accepted the agreement as amended
if you continue to use the site after any amendments are posted on the site.
We reserve the right to refuse to provide our products and services to anyone at
any time.
This agreement contains
warranty and liability disclaimers. By accessing the resources in this site, you accept the following terms and conditions of this agreement without any reservations, modifications,
additions, or deletions. If you do not agree to the Terms of Use contained
in this agreement, you are not authorized to use the site. You may be denied
access to the site, with or without prior notice to you, if you do not comply with any
provision of this agreement.
1. Authorized users
1.1 Age requirement;
authority. In order to use the site, you must be at least 18 years of age.
You represent that (i) you have read and understood, and that you agree to be bound
by, this agreement and (ii) you are at least 18 years old. If you do not agree
to, or cannot comply with, any of these terms and conditions of this agreement,
please do not attempt to access this site.
1.2 Registration.
We reserve the right to restrict certain areas of information on this site to our
approved registered users. In the event that any area of the site requires
you to register with us prior to our granting you access to such areas of the site,
you agree to provide truthful information, including but not limited to a member
name and password as well as your name, address, telephone number and a valid email
address (the "account information"). You agree to provide accurate account
information and to update your account information as necessary to keep it accurate.
Equistone Partners
will use your account information in accordance with its Privacy Policy, which can
be found at http://www.Equistone.com/Public/PrivacyPolicy.aspx
, as described further in section 6 of this agreement.
You are solely responsible for maintaining the confidentiality of your member name
and password. You agree to notify us immediately of any unauthorized use of
your member name, password or account. Equistone Partners will not be responsible
for any losses arising out of the unauthorized use of your account and you agree
to indemnify and hold harmless Equistone Partners, its partners, parents, subsidiaries,
agents, affiliates and/or licensors, as applicable, for any improper, unauthorized
or illegal uses of your account.
2. License to use this site
2.1 Grant of license.
Equistone Partners grants to you a non-exclusive, non-transferable
limited license to access and use the site in accordance with the terms and conditions
set forth in this agreement. Equistone Partners reserves all right, title and
interest not expressly granted under this license to the fullest extent possible
under applicable laws. Any use of the site not specifically permitted under
this agreement is strictly prohibited.
2.2 Restrictions.
You agree that you will not: (i) use the site to reproduce, transmit, display or
distribute copyrighted material in any medium or via any method without Equistone
Partners' express written permission; (ii) copy, store, edit, change, prepare any
derivative work of or alter in any way any of the content provided on this site;
or (iii) use our site in any way that violates the terms of this agreement.
The site is owned by Equistone Partners and is protected by United States
copyright
laws and international treaty provisions. You will not sublicense, assign,
or transfer the license granted to you under this agreement. Any attempt to
sublicense, assign, or transfer any of the rights, duties, or obligations in violation
of the provisions of this agreement is void.
3. Other restrictions
You agree that you will not: (a) impersonate any person or entity or misrepresent
your affiliation with any other person or entity; (b) engage in spamming, flooding,
harvesting of e-mail addresses or other personal information, spidering, screen
scraping, database scraping, or any other activity with the purpose of obtaining
lists of users or any other information, including specifically, property listings
available through the site; (c) send chain letters or pyramid schemes via the site;
or (d) attempt to gain unauthorized access to other computer systems through the
site. You agree that you will not use the site in any manner that could damage,
disable, overburden, or impair the site or interfere with any other party's use
and enjoyment of the site.
4. Trademarks
The following are registered trademarks or trademarks of Equistone Partners: Equistone
Partners and its design logo, as well as certain other Equistone Partners trademarks,
service marks, graphics, and logos (collectively, the "Equistone Partners trademarks")
used in connection with Equistone Partners' provision of products and services.
The site may contain third-party trademarks, service marks, graphics and logos.
You are not granted any right or license with respect to the Equistone Partners
trademarks or the trademarks of any third party.
5. Privacy policy
Unless otherwise addressed in this agreement, your use of this site is subject to
Equistone Partners' Privacy Policy,
which is incorporated by reference and
made a part of this agreement. It is important that you read and understand
the terms of Equistone Partners' Privacy
Policy. Equistone Partners may cooperate
with and disclose information (including your account information) to any authority,
government official or third-party, without giving any notice to you, in connection
with any investigation, proceeding or claim arising from an asserted illegal action
or infringement whether related or unrelated to your use or misuse of this site.
6. Copyrights
As between you and Equistone Partners, you acknowledge that Equistone Partners owns
or has a license to all title and copyrights in and to the content provided on this
site. All title and intellectual property rights in and to any licensed content
provided on this site is the property of the respective content owners and may be
protected by applicable copyright or other intellectual property laws and treaties
and subject to use restrictions under such laws or treaties.
7. Submissions
If you submit to us or post on the site any property listing, testimonial, comment,
review, suggestion or any work of authorship (collectively a "submission") including,
without limitation, submissions about any of our products or services, such submission
will not be confidential or secret, and may be used by us in any manner. Please
do not submit or send any submission to us that you consider contains confidential
or proprietary information. No submission sent to us will be considered or
treated as confidential information. We do not pre-screen submissions and
we will have no obligation to read any particular submission submitted or sent to
us. By submitting or sending a submission to us, you: (i) represent and warrant
that the submission is original to you, that no other party has any rights thereto,
and that any "moral rights" in such submission have been waived, and (ii) you grant
us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive
and fully transferable, assignable and sub licensable right and license to use,
reproduce, publish, distribute, display, translate, summarize, modify and adapt
such submission (in whole or part) and/or to incorporate it in other works in any
form, media, or technology now known or later developed, in our sole discretion,
with or without your name.
8. Limitation of liability
In no event will Equistone Partners be liable for indirect, general, special,
incidental, consequential, exemplary or other damages (including, without limitation,
damages for loss of profits, business interruption, corruption of files, loss of
business information or any other pecuniary loss) even if Equistone Partners has
been advised of the possibility of such damages. No oral or written information
or advice given by Equistone Partners or others will create a warranty and neither
you nor any third party may rely on any such information or advice. Some jurisdictions
do not allow the exclusion of implied warranties or limitation or exclusion of liability
for incidental or consequential damages, so the above exclusions and limitations
may or may not apply to you.
9. Disclaimers
9.1 The site (including
all of its content) is provided to you "as is." Any use of this site is at
your own risk. To the maximum extent permitted by applicable law, Equistone Partners
disclaims all warranties, either express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular purpose,
title and non-infringement. Equistone Partners makes no representations, warranties
or guarantees that this site will be free from loss, destruction, damage, corruption,
attack, viruses, interference, hacking, or other security intrusion
and Equistone Partners disclaims any liability relating thereto.
9.2 Equistone Partners makes no representations, warranties or guarantees that use or results
of the use
of the site (including all of its content) is or will be accurate, reliable, current,
uninterrupted or without errors. Without prior notice, Equistone Partners may modify, suspend, or discontinue any aspect or feature of this site or your use
of this site. If Equistone Partners elects to modify, suspend, or discontinue
the site, it will not be liable to you or any third party.
9.3 All property listing
information contained within this site is subject to the possibility of errors,
omissions, change of price, rental or other conditions, prior sale, lease or financing,
or withdrawal without notice. Any projections, opinions, assumptions or estimates
contained within this site are for example only, and such projections, opinions,
assumptions or estimates may not represent current or future performance of a listed
property. You and your tax and legal advisors should conduct your own investigation
of any property listed on this site and any contemplated transaction concerning
any property listed on this site.
9.4 You acknowledge that your
submission of any information to us is at your own risk. Equistone Partners does not
assume any liability to you with regard to any loss or liability
relating to such information in any way.
9.5 Some of the content,
products, and services available through the Equistone Partners site may include
materials that belong to third parties. You acknowledge that Equistone Partners
assumes no responsibility for such content, products or services.
10. Term
This agreement will remain effective until terminated by you or terminated by us.
11. Indemnity
You will indemnify and hold Equistone Partners, its directors, officers, employees,
affiliates, agents, contractors, and licensors harmless with respect to any suits
or claims incurred out of (i) your breach of this agreement, including, but not limited
to, any infringement by you of the copyright or intellectual property rights of
any third party; or (ii) your use or misuse of the site.
12. General
12.1 You will be responsible
for providing the dial-up, DSL, cable modem or other form of internet access and
any other hardware and software necessary to access and use the site.
12.2 Equistone Partners complies with all applicable laws, including, but not limited to,
privacy laws and
individual state laws with respect to the sale or lease of real property.
You agree that you will comply with all such laws applicable to you.
12.3 Equistone Partners
or its business partners may present advertisements or promotional materials on
or through the site. Your dealings with, or participation in promotions of,
any third-party advertisers on or through the site are solely between you and such
third party and your participation is subject to the terms and conditions associated
with that advertisement or promotion. You agree that Equistone Partners is
not responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such third party materials
on the site.
12.4 If you know of,
or suspect, copyright infringement, please send a notice to Equistone Partners;
c/o Director of Web Marketing; Equistone Partners, Inc., 160 Franklin Street, Suite 200A, Jack London Square - Oakland, CA 94607.
The notice must contain all of the information set forth in section 512(c)(3)(a)
of the U.S. Copyright Act, 17 U.S.C. ยง 101 et seq.
12.5 This agreement
will be governed by the laws of the state of California. The exclusive jurisdiction
for any claim, action or dispute with Equistone
Partners or relating in any way
to your use of the site will be in the state and federal courts of the state of California
and the venue for the adjudication or disposition of any such claim,
action or dispute will be in the
county
of
Alameda,
California
.
12.6 Equistone Partners may send notices to you with respect to your use of the site by
sending an email
message to the email address listed in your account information, by sending a letter
via U.S . mail to the contact address listed in your account information, or by
a posting a note on the site when you access your account. You agree that
we may provide notice to you through such means. Unless otherwise stated in
the notices, the notices will become effective immediately.
12.7 General contact
information. For questions regarding this site or your use of this site, please
email us at
info@equistone.com or call 510-868-8555.
You acknowledge that
you have read this agreement, understand it and will be bound by its terms and conditions.
You further acknowledge that this agreement represents the complete and exclusive
statement of the agreement between us and that it supersedes any proposal or prior
agreement oral or written, and any other communications between us relating to the
subject matter of this agreement.