Please read this Agreement carefully before accessing the Lease in San Diego websites. As a condition to and in consideration of receiving and accessing the Lease in San Diego websites, the User agrees to be bound by the terms of this Agreement. Use of or access to the Lease in San Diego websites shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE Lease in San Diego websites. If you have any questions about this Agreement, please contact us.
THIS AGREEMENT "Agreement" is entered into by and between Lease in San Diego websites and any individual, corporation, association, agency, company, or other entity who accesses or uses the Lease in San Diego websites (the "User" or "you").
The Lease in San Diego websites, which is provided without charge to you, is a World Wide Web site on the Internet that is designed to allow users to post vacancies and/or to view vacancies posted by other users or interact with those users. The Lease in San Diego websites is owned and operated by Lease in San Diego websites. The Lease in San Diego websites contains or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, "Content") formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the Lease in San Diego websites that can be modified by Users, such as posting vacancies, uploading multimedia files, registering user profiles, and creating House Hunter profiles ("Interactive Areas").
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the Lease in San Diego websites and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the Lease in San Diego websites.
You agree to access and use the Lease in San Diego service only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the Lease in San Diego Service, including any Interactive Area, (ii) the use of any networks or other services connected to Lease in San Diego, and (iii) the communications means by which you connect your modem, computer, or other equipment to the Lease in San Diego websites. By accessing Lease in San Diego Network, you agree that you will not:
Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to "The Lease in San Diego websites" and its URL address. You acknowledge that the Lease in San Diego websites, its Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or pri nting Content.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the Lease in San Diego websites only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the Lease in San Diego websites, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the Lease in San Diego websites the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the Lease in San Diego websites to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. As a landlord you also authorize and agree that Leaseinsandiego.com can obtain and list any and all listings by you and or displayed on your public or private management company website. You also permit any User to access, view, store and reproduce the Content for personal use.
You acknowledge that the Lease in San Diego websites may include various interactive areas ("Interactive Areas"), including but not limited to vacancies. These Interactive Areas allow feedback to the Lease in San Diego websites and real-time interaction between users. You further understand that the Lease in San Diego websites does not control the messages, information, or files delivered to such Interactive Areas and that the Lease in San Diego websites may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the Lease in San Diego websites, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the Lease in San Diego websites cannot, and d oes not intend to, screen communications in advance. Moreover, because the Lease in San Diego websites encourages open and candid communication in the Interactive Areas, the Lease in San Diego websites cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The Lease in San Diego websites is not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the Lease in San Diego websites has the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the Lease in San Diego websites may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The www.LeaseInSanDiego.com reserves the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to
The only right with respect to dissatisfaction with any policies, guidelines, or practices of the Lease in San Diego websites in operating the Lease in San Diego websites, or any change in Content, is for you to discontinue accessing the Lease in San Diego websites. The Lease in San Diego websites may terminate or temporarily suspend your access to all or any part of the Lease in San Diego websites, without notice, for conduct that the Lease in San Diego websites believes is a violation of this Agreement or any policies or guidelines posted by the Lease in San Diego websites, or for other conduct which the Lease in San Diego websites believes, in its sole discretion, is harmful to the Lease in San Diego websites or other Users. The Lease in San Diego websites may discontinue operating the Lease in San Diego websites and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Lease in San Diego websites, including the Interactive Areas, and the restrictions imposed on you with respect t o Content downloaded from the Lease in San Diego websites, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5.1 Links. You understand that except for Content, products or services expressly available at the Lease in San Diego websites, neither the Lease in San Diego websites, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the Lease in San Diego websites. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the Lease in San Diego websites or controlled by the Lease in San Diego websites. The Lease in San Diego websites neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the Lease in San Diego websites, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the Lease in San Diego websites, its subsidiar y and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the Lease in San Diego websites or your inability to access the Internet or any site linked to or from the Lease in San Diego websites.
5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the Lease in San Diego websites. It is the policy of the Lease in San Diego websites not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Lease in San Diego websites IS AT YOUR SOLE RISK. NEITHER THE Lease in San Diego websites NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE Lease in San Diego websites OR ANY INTERNET SITE LINKED TO OR FROM THE Lease in San Diego websites WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE AN Y WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Lease in San Diego websites OR ANY INTERNET SITE LINKED TO OR FROM THE Lease in San Diego websites OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE Lease in San Diego websites OR ANY SITE LINKED TO OR FROM THE Lease in San Diego websites. THE Lease in San Diego websites IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE Lease in San Diego websites, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE Lease in San Diego websites, OR ANY INTERNET SITE LINKED TO OR FROM THE Lease in San Diego websites, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE Lease in San Diego websites, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE Lease in San Diego websites OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE Lease in San Diego websites. THE CONTENT WITHIN THE Lease in San Diego websites AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE Lease in San Diego websites MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF THE Lease in San Diego websites AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE Lease in San Diego websites AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE Lease in San Diego websites IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY Lease in San Diego websites SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE Lease in San Diego websites, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Lease in San Diego websites.
You agree to indemnify and hold the Lease in San Diego websites, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the Lease in San Diego websites or any Internet site linked to or from the Lease in San Diego websites, or in connection with the transmission of any Content on the Lease in San Diego websites.
This Agreement comprises the entire agreement between the Lease in San Diego websites and you, and supersedes any prior agreements with respect to the subject matter herein. The Lease in San Diego websites may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the Lease in San Diego websites. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the Lease in San Diego websites. Your continued accessing and use of the Lease in San Diego websites following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accord ance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the Lease in San Diego websites to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile of the Lease in San Diego websites, excluding its conflict of laws rules, and you and the Lease in San Diego websites each submit to the exclusive jurisdiction of the courts of that state or province.
LeaseInSanDiego.com, Vendors, Visitors and Clients agree that:
This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the Lease in San Diego websites have been done strictly for clarification and identification and does not constitute endorsement by the Lease in San Diego websites of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the Lease in San Diego websites by such trademark, service mark or link owner.