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Description of Service. Movoto LLC ("Movoto") provides users
with access to a collection of websites, resources, data, software, and tools
("Service"). The services that we provide are subject to the following Terms
and Conditions of Use ("T&C"), which we may modify by posting revised
T&C on our website(s) from time to time without providing notification.
Unless stated otherwise, any new features or enhancements to the current
Service shall be subject to this agreement in addition to any T&C
applicable to particular services. You are responsible for regularly reviewing
these T&C and any applicable changes. Continued use of the service after
any changes take effect will constitute your acceptance of such changes. You
can review the current version of these Terms and Conditions of Use at
http://www.movoto.com .
Binding Agreement. When you visit and use any site within
Movoto's family of websites or when you register for a new Movoto account, you
are both agreeing to be bound by these T&C and representing that you are of
legal age to form a binding contract. If you do not wish to be bound by this
agreement, please refrain from using our services, accessing our websites, or
registering for an Movoto account. By submitting your contact information to
Movoto, you agree that Movoto may contact you.
DISCLAIMERS OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Movoto PROVIDES THE SERVICE ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK. ANY SOFTWARE OR OTHER MATERIAL THAT YOU
DOWNLOAD OR OTHERWISE OBTAIN VIA THE SERVICE IS AT YOUR SOLE RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS
OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL.
THE INFORMATION PROVIDED BY THE SERVICE IS DEEMED TO BE ACCURATE BUT Movoto
CANNOT GUARANTEE ITS ACCURACY. TO THE FULLEST EXTENT PERMITTED BY LAW, Movoto
EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES REGARDING THE ACCURACY,
SUFFICIENCY, VERACITY, VALUE, APPROPRIATENESS, CORRECTNESS, COMPLETENESS,
LEGALITY, SECURITY, AVAILABILITY, OPERABILITY, TIMELINESS, RELIABILITY, OR
USEFULNESS OF INFORMATION, DATA, SERVICES OR PRODUCTS PROVIDED THROUGH, OR IN
CONNECTION WITH, THE SERVICE. Movoto DOES NOT INTEND THE INFORMATION PROVIDED
BY THE SERVICE TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE
FOR CONFIRMING THE ACCURACY AND RELIABILITY OF ANY INFORMATION CONTAINED IN THE
SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Movoto AND ITS EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, INVESTORS,
ASSIGNS, SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF Movoto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, WHETHER
SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE.
Movoto BEARS NO RESPONSIBILITY FOR ANY DAMAGES ARISING FROM ANY FAILURE OF
PERFORMANCE, FAILURE TO STORE, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, ERROR IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, TELECOMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED
ACCESS, ALTERATION OR USE OF RECORDS, BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
EXCLUSIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO
YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF Movoto, ITS OFFICERS, DIRECTORS,
INVESTORS, EMPLOYEES, CONTRACTORS, AGENTS, ASSIGNS, SUBSIDIARIES AND AFFILIATES
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Privacy Policy. Movoto understands that privacy is important
to you. Any information that we collect about you is used or shared according
to Movoto's Privacy Policy, which is incorporated by reference into these
T&C. You can review the current version of the Privacy Policy at
http://www.movoto.com.
Disclosure. You agree that Movoto may disclose, monitor, edit,
access, and preserve your personal information and content if Movoto reasonably
believes that it must do so in order to comply with any applicable law, valid
legal process or governmental request; in order to enforce the T&C or
Privacy Policy; or in order to protect the rights of Movoto employees, Movoto
users, or third parties. The personal information collected by Movoto may be
stored and processed in the United States or any other country in which Movoto
or its agents maintain facilities. By using the Service, you consent to any
such transfer of information outside of your country.
Third Party Content. As consideration for using the Service,
you understand and agree that Movoto may display advertisements and provide
links to third-party content and websites over which Movoto has no control.
Movoto takes no responsibility for any content, advertising or products from
third party service providers, including any content considered harmful,
objectionable, inappropriate or offensive, and Movoto does not endorse or
guarantee the availability of such third party services. You agree that Movoto
shall not be liable for damage of any sort incurred as the result of your
dealings with advertisers or of your use of third-party goods or services.
Your Conduct. When using the Movoto Service, you:
(a) agree to maintain and update your account information to
keep it complete and accurate;
(b) agree to maintain the confidentiality of your account
password and notify Movoto of any unauthorized use of your password or account
or any other security breach;
(c) agree to use the Service only for your sole, personal,
private, noncommercial use;
(d) agree NOT to upload, post, email, transmit or otherwise
make available ("Make Available") any content
i) that you are not permitted
to Make Available under any law, contractual duty, or fiduciary relationship;
ii) that infringes any patent,
trademark, trade secret, copyright or other proprietary right; or
iii) that is unlawful,
fraudulent, defamatory, harassing, offensive, indecent or inappropriate as
reasonably determined by Movoto; and
(e) agree NOT to impersonate another person or entity,
or to falsely state or otherwise misrepresent your affiliation with a person or
entity.
Termination. Movoto reserves the right to restrict, disable,
suspend or terminate your account and refuse any and all current or future use
of the Service without prior notice and for any reason. Movoto also reserves
the right, but bears no obligation, to monitor, screen, and remove any content
available through the Service.
Minimum Age Limit. You must be eighteen (18) years of age or
older to use the Service, and you must have all necessary right, power and
authority to enter into these T&C and to perform the acts required
hereunder.
Real Estate Clients. You represent that you have not entered
into any agreement, such as a listing agreement or buyer broker agreement, with
a real estate agent or agency other than a Movoto employee, agent or
contractor.
Real Estate Data. You agree that all data obtained from the
Service is intended only for your personal, noncommercial use for the purpose
of evaluating properties for sale or purchase. You represent that you have a
bona fide interest in the purchase, sale or lease of real estate of the type
being offered through the Service. You will not copy, redistribute or
retransmit any of the MLS Data or any other home information provided through
the Service. You acknowledge InfoLink's ownership of a copyright in the MLS
Data and the validity of InfoLink's copyright.
Financial and Mortgage Tools. The financial calculations
available through the Service are not an offer to lend. Interest rates are for
demonstration purposes only, and actual market interest rates may vary.
Other Parties. You agree to refrain from contacting the owner
or seller of any property identified using information obtained through the
Service. Furthermore, you agree that Movoto employees, agents or contractors
may represent other prospective buyers of the same properties that meet your
criteria.
You acknowledge that Movoto owns all right, title and interest in the Service,
including all intellectual property rights protected by US and international
law. You agree that you will not copy, reproduce, alter, modify, retransmit,
redistribute decompile, disassemble, reverse engineer, or create derivative
works from the Service or its software. You also agree not to use any automated
or manual process, robot, spider or screen-scraper to copy or monitor any part
of the Service.
Copyright. All content and compilations included on the
Service, such as text, graphics, logos, buttons, images, audio, video, charts,
graphs, data compilations, and software, are the property of Movoto or its
content suppliers and are protected by US and international law.
Trademark. Movoto, the Movoto logo and other marks indicated
on the Service are trademarks of Movoto. Other graphics, logos, buttons, or
service names are trademarks or trade dress of Movoto or its affiliates.
Patent. Pending patents apply to the Movoto website(s) and the
Movoto Service.
Your Rights. Movoto does not claim ownership in the Content
you Make Available on the Service, including any text, data, information,
images, photographs, music, sound, video or other material ("Your Content").
However, if you submit Your Content to Movoto, you grant Movoto and its
affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, alter, modify, adapt, publish,
translate, distribute, display, create derivative works from or otherwise Make
Available Your Content throughout the world in any media. By submitting Your
Content to Movoto, you agree to indemnify Movoto for all claims arising from
Your Content and to abide by the policies above concerning Your Conduct.
Procedure for Submitting Claims of Copyright Infringement. If
you believe that your work has been copied in a way that constitutes copyright
infringement, or that your intellectual property rights have been otherwise
violated, please contact the Movoto Copyright Agent at:
Copyright Agent
Movoto LLC
1155 Broadway Street Suite 205
Redwood City, CA 94063
Please include the following information with your claim:
1. an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
2. a description of the copyrighted work or other
intellectual property that you claim has been infringed;
3. a description of where the material that you claim is
infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law;
6. a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Indemnification. You agree to defend, indemnify and hold
harmless Movoto, its officers, directors, investors, employees, contractors,
agents, successors, assigns, information providers, licensors, subsidiaries and
affiliates from any and all claims arising from, or in any way related to, your
use of the Service. Movoto reserves the right, at its own expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify Movoto, and you agree to cooperate with our defense of these claims.
Entire Agreement. The T&C constitutes the entire agreement between
you and Movoto and governs your use of the Service, superseding any prior
agreement(s). An electronic version of this agreement shall be admissible in
judicial or administrative proceedings to the same extent and subject to the
same conditions as other business documents generated in printed form.
Applicable Law. The T&C shall be governed by the laws of the State
of California without regard to its conflict of law provisions. You and Movoto
consent to submit to the personal and exclusive jurisdiction of the courts
located within the county of Santa Clara, California.
Waiver. The failure of Movoto to exercise or enforce any right or
provision of the T&C shall not constitute a waiver of such right or
provision.
Severability. If any provision of the T&C is found by a court of
competent jurisdiction to be invalid, you and Movoto 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 T&C shall
remain in full force and effect. However, you and Movoto agree that courts
should not give legal or contractual effect to the section titles themselves.
Statute of Limitations. 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 Service or the T&C must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
Relationship. You agree that no joint venture, partnership, employment
or agency relationship exists between you and Movoto as a result of this
agreement. You also agree that there are no survivorship rights or third party
beneficiaries to this agreement.
Force Majeure. Under no circumstances shall Movoto be held liable for
any delay or failure in performance resulting directly or indirectly from acts
of nature or other forces beyond its reasonable control, including, without
limitation, fires, floods, storms and acts of God.
© 2004-2008 by Movoto LLC. All rights reserved. Patent Pending.
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