Terms of Use
By using any website, mobile app or service of EquiPro Real Estate (“EquiPro Real Estate LLC”) you agree to abide by these terms of use between you and EquiPro Real Estate, which include the referenced privacy policy (“Agreement”). If you do not agree to be bound by this Agreement, you are not authorized to use any EquiPro Real Estate website or to obtain any services from EquiPro Real Estate.
The EquiPro Real Estate websites and mobile apps (collectively, “Websites”; and individually, “Website”). EquiPro Real Estate provides numerous services, including as referenced on the Websites (“Services”).
EquiPro Real Estate reserves the right, at its discretion, to revise the terms of this Agreement and/or change, suspend, discontinue or modify any aspect of any Website. Such modifications may include, without limitation, changes in content, in user priorities, and discontinuance of functional aspects of any Website. Your continued use of any Website after the posting of revisions to the Terms of Use shall constitute your acceptance to be bound by the express terms of any such revisions.
By using or attempting to use this Website, you certify to EquiPro Real Estate that you are a resident of the United States or otherwise authorized to conduct business in the United States, are at least 18 years of age or older, and have the legal capacity to enter into this Agreement.
1. CERTIFICATION OF USER
2.1 Website Content
The Website content shall mean all areas and aspects of the Website and Services including, without limitation, text, data, photos, graphics and/or video or any information whatsoever obtained through the Website (collectively referred to herein as “Information”), EquiPro Real Estate’s computers or network and any subscription or software, product, service, or information provided by EquiPro Real Estate.
2.2 Vendor Content
EquiPro Real Estate has entered into contractual relationships with certain vendors, sponsors, and advertisers of products or services (“Vendors”), pursuant to which EquiPro Real Estate may link to or display information, advertisements, discounts, products, goods, or services offered by the Vendors (“Vendor Content”). EquiPro Real Estate does not guarantee the availability or accuracy of any such Vendor Content or offers, nor does it endorse, guarantee, nor insure any Vendor products or services.
2.3 No Offer
EquiPro Real Estate shall not be held liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services. Statements made on the Service Area concerning the products or services of EquiPro Real Estate do not constitute an offer, but are merely solicitations of an offer.
2.4 Registration
You may browse and view certain content on the Website without registering, but as a condition to using certain other aspects of the Website or accessing certain services, you may be required to register and select a user identification and password. You agree to maintain the confidentiality of such registration information, be the sole user of such registration, and use your registration solely to access the Website and obtain Services. EquiPro Real Estate reserves the right to monitor your use of the registration and to discontinue it at any time in EquiPro Real Estate’s sole discretion. If you believe that your registration has been compromised, you must promptly change your registration information and notify us immediately using the contact information provided on our Website.
2. CONTENT AND REGISTRATION
3.1 Copyright, Patent and Trademark Notice
All content of the Website provided by EquiPro Real Estate, including, but not limited to, all text, photos, graphics, audio, software, webpage layouts or configurations, presentations in any format and/or video is copyrighted by EquiPro Real Estate, or its affiliates or subsidiaries. Copyright © EquiPro Real Estate. All rights reserved.
No portion of the Content or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium, whether now known or hereafter created. The foregoing prohibition includes, but is not limited to “screen scraping” or “database scraping” to obtain lists of users or other Information.
You may download or print one copy of pages strictly for personal and non-commercial use; however, any printout must include EquiPro Real Estate’s copyright notice.
EquiPro Real Estate, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of EquiPro Real Estate. All other content product names and company logos are trademarks of their respective owners.
3.2 Notice of Copyright Infringement
EquiPro Real Estate respects the copyrights of others. EquiPro Real Estate reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement.
If you believe that your copyrighted work has been reproduced on the Website in a way that constitutes copyright infringement, you may notify us using the contact information provided on our Website.
3.3 Restricted Use
You agree to use the Service Area and Information for lawful purposes only. You agree not to post or transmit any information through the Service Area which: (a) infringes any patent, trademark or copyright rights of others or violates their privacy or publicity rights, (b) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (c) is protected by patent, copyright, trademark or other proprietary right without the express permission of the owner of such right.
You shall be solely liable for any damages resulting from any infringement of patent, copyright, trademark or other proprietary rights, or any other harm resulting from your use of the Service.
3.4 Your Submission of Messages
You hereby grant to EquiPro Real Estate a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and use for any purpose all messages or other materials posted by you on the Service or any email sent by you to EquiPro Real Estate (in whole or in part) and to incorporate any such messages or other materials or emails in any form, into other media or technology whether now known or hereafter developed.
3.5 Public Messages / Third-Party Content
All electronic forums made available to users of the Service are the sole property of EquiPro Real Estate and are not a public forum.
You understand and acknowledge that all information, data, files, software, music, sound, photographs, graphics, video, messages or other materials posted by any person or entity other than EquiPro Real Estate (“Third-Party Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Third-Party Content originated.
You assume total liability for all Third-Party Content that you upload, post, email or otherwise transmit via the Service. EquiPro Real Estate assumes no liability for any such Third-Party Content.
3. LIMITATIONS ON USE AND USER SUBMISSIONS
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upload, post, e-mail or otherwise transmit any Third-Party Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
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harm minors in any way;
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impersonate any person or entity, including, but not limited to, an official or representative of EquiPro Real Estate, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;
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upload, post, e-mail or otherwise transmit any Third-Party Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
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upload, post, e-mail or otherwise transmit any Third-Party Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
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upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
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upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware;
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disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
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interfere with or disrupt the Service or servers or networks connected to the Service;
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intentionally or unintentionally violate any applicable law;
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stalk or otherwise harass another; or
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collect or store personal data about other users.
You acknowledge that EquiPro Real Estate does not pre-screen Third-Party Content, but EquiPro Real Estate and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Third-Party Content that violates this Agreement or is otherwise objectionable.
EquiPro Real Estate may preserve Third-Party Content and may disclose it if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Third-Party Content violates rights of third parties; or (d) protect rights, property, or safety.
You agree not to use the Service to:
Without prior written consent of EquiPro Real Estate, you may not use any of EquiPro Real Estate’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link to the Website or engage in deep linking in any manner reasonably likely to imply affiliation, endorsement, sponsorship, or otherwise violate applicable law. You may not frame or incorporate into another website any of the Information or other materials on this Website without prior written consent.
3.6 Linking
EquiPro Real Estate, its affiliates, subsidiaries, and Vendors shall have no responsibility to provide you access to the Website. Further, EquiPro Real Estate, its affiliates, subsidiaries, and Vendors shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions, or interruptions of the Service for any reason.
4. ACCESS AND DELAYS IN SERVICES
You acknowledge that EquiPro Real Estate reserves the right to monitor for all lawful purposes any and all Third-Party Content transmitted or received through the Service. Use of the Service, authorized or unauthorized, constitutes consent to such monitoring and to the other terms of this Agreement.
5. MONITORING
6.1 Disclaimer
You acknowledge that certain aspects of the information and/or vendor information and links may be beyond the control of EquiPro Real Estate. Neither EquiPro Real Estate nor its licensors or vendors warrant the accuracy or suitability of any such information.
For this reason, you acknowledge that the website is provided “as is” and “with all faults.” EquiPro Real Estate and its licensors and vendors disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
6.2 User Responsibility
You assume full responsibility for implementing procedures and checks to satisfy your requirements for accuracy and suitability, and for maintaining any means you may require for reconstruction of lost data.
6.3 Viruses
EquiPro Real Estate uses reasonable efforts to assure that no viruses operate on, or are passed through, the Website; however, you assume responsibility for detecting and eradicating any virus or similar program.
6.4 Limitation of Liability
You agree that EquiPro Real Estate and its affiliates, subsidiaries, and vendors shall not be liable for any special, incidental, or consequential damages arising out of the use or inability to use the service.
If liability limitations fail for any reason, liability shall be limited to ten percent (10%) of sums paid by you under this Agreement or $100.00, whichever is greater, as liquidated damages and not as a penalty.
6.5 FTC Notice
Some states do not allow limitations on implied warranties or the exclusion of incidental or consequential damages, so the above limitations may not apply to you.
6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
You agree to defend, indemnify, and hold harmless EquiPro Real Estate and its affiliates, subsidiaries, Vendors, and their respective officers, directors, employees, agents, and contractors from and against all claims, damages, costs, and expenses (including attorneys’ fees) arising from your use of the Website or Services.
7. INDEMNIFICATION
These Terms of Use include our Privacy Policy as contained on our website, which is incorporated fully herein.
8. PRIVACY POLICY
EquiPro Real Estate does not authorize use of the Service to transmit unsolicited bulk email (“SPAM”). We reserve the right to take legal or technical steps to prevent misuse of the Service.