Date of Last Revision: April 15, 2010.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by your profile form on the Site ("Registration Data"); (b) maintain the security of your password and identification; and (c) be fully responsible for all use of your account and for any actions that take place using your account.
ViewMyLisitng.com, Pro Gold i2 and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, service marks of the Company. Company's trademarks and service marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
You understand that except for advertising programs offered by us on the PURL (e.g., premimum ViewMylisitng.com 9ae subscription service and Pro Gold i2 software) the Service and the PURL are available for your personal use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, deflamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the PURL to:
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the PURL You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgement of the Company violates this Agreement or the Code of Conduct. When you post User Content to your PURL, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on your PURL and summit User Content including Text and images to major search engines. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with your PURL or the promotion thereof. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content and Listing data may be available on major search engines.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at it’s sole discretion limit access to the PURL and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Site contains (or you may be sent through the PURL or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You are solely responsible for your interactions with other PURL users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
We care about the privacy of our users. By using the PURL, you are consenting to have your my profile data, Listing data, and open house data made available thoughout the internet.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the PURL or in connection with the Service, whether posted or caused by users of the PURL, by Taro Systems, Inc., by third parties or by any of the equipment or programming associated with or utilized in the PURL. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the PURL and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the PURL or in connection with any User Content or Third Party Applications,
The PURL may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the PURL, any User Content or Third Party Applications, Software or Content posted on or through the PURL or transmitted to Users, or any interactions between users of the PURL, whether online or offline.
The Company reserves the right to change any and all content, software and other items used or contained in the PURL and any Services and Platform Applications offered through the PURL at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Disclaimer of Warranty and Limited Liability
THE PURL AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, TARO SYSTEMS, INC. DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE PURL OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CORRECTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PURL IS ASSUMED BY YOU. IF THE PURL OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT TARO SYSTEMS, INC. OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY TARO SYSTEMS, INC., ON THIS TARO SYSTEMS, INC. PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TARO SYSTEMS, INC., ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. NEITHER TARO SYSTEMS, INC. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCTS EVEN IF TARO SYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This disclaimer of Warranty and Limited Warranty is governed by the Laws of the State of Michigan 49546.
U.S. Government Restricted Rights
The PURL and documentation is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b) (3)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013. Any questions concerning this Agreement, please contact in writing: TARO Systems, Inc., 6157 28th Street S.E., Grand Rapids,
By visiting or using the PURL, you agree
between Company and User with respect to Companyís delivery, on-line usage,
security of information, Privacy, and performance of the Web Site known as
ViewMyListing.com and Userís use thereof.
This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the PURL, your use of the PURL, your conduct in connection with the PURL or with other users of the PURL.