TERMS AND CONDITIONS
Last
updated
January 04, 2024
AGREEMENT TO OUR LEGAL
TERMS
We
are Manufacture Multiple
Listing
Service LLC
(
"Company,"
"we," "us," "our")
, a company registered in
Colorado, United
States
at 324 main st unit d
, Lyons
, CO
80540
.
We
operate the website
http://www.manufacturedmls.com
(the "Site")
, as well as any other related products and services
that refer or
link to these legal terms (the "Legal
Terms") (collectively, the
"Services").
You
can contact us by phone at
3037189196,
email at grayson.gibson@manufacturedmls.com
, or by
mail to 324 main st unit d
, Lyons
, CO
80540
,
United States
.
These
Legal Terms constitute a legally binding agreement made between you, whether personally or
on behalf of
an entity ("you"), and Manufacture
Multiple Listing
Service LLC, concerning your access to and use of the Services. You agree that by
accessing
the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO
NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Services from time to time are
hereby
expressly incorporated herein by reference. We reserve the right, in our sole discretion, to
make
changes or modifications to these Legal Terms at any
time and for
any reason. We will alert you about any
changes by
updating the "Last updated"
date of these Legal Terms, and you waive any right to receive specific notice of each
such
change. It is your responsibility to periodically review these Legal Terms to stay informed
of updates.
You will be subject to, and will be deemed to have been made aware of and to have accepted,
the changes
in any revised Legal Terms by your continued use of the Services after the date such revised
Legal Terms
are posted.
All users
who are
minors in the jurisdiction in which they reside (generally under
the age of
18) must have the permission of, and be directly supervised by,
their parent
or guardian to use the Services. If you are a minor, you must
have your
parent or guardian read and agree to these Legal Terms prior to
you using
the Services.
We recommend that
you print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended
for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or
use would be contrary to law or regulation or which would subject us to any registration
requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Services from
other locations do so on their own initiative and are solely responsible for compliance with
local laws,
if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use
the
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
2. INTELLECTUAL PROPERTY
RIGHTS
Our
intellectual
property
We
are the owner or the licensee of all intellectual property rights in our Services, including
all source
code, databases, functionality, software, website designs, audio, video, text, photographs,
and graphics
in the Services (collectively, the "Content"), as well as the trademarks, service marks,
and logos
contained therein (the "Marks").
Our
Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The
Content and Marks are provided in or through the Services
"AS IS"
for your
personal,
non-commercial use or internal business purpose
only.
Your use
of our
Services
Subject to your compliance with these Legal Terms, including the
"
PROHIBITED ACTIVITIES
" section
below, we
grant you a non-exclusive, non-transferable, revocable
license to:
- access the Services; and
- download or print a copy of any portion of the Content to
which you have
properly gained access.
solely
for your personal, non-commercial use or internal
business purpose
.
Except
as set out in this section or elsewhere in our Legal Terms, no part of the Services and no
Content or
Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If
you wish to make any use of the Services, Content, or Marks other than as set out in this
section or
elsewhere in our Legal Terms, please address your request to:
grayson.gibson@manufacturedmls.com. If we ever grant you the permission to post,
reproduce, or
publicly display any part of our Services or Content, you must identify us as the owners or
licensors of
the Services, Content, or Marks and ensure that any copyright or proprietary notice appears
or is
visible on posting, reproducing, or displaying our Content.
We
reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach of our Legal
Terms and
your right to use our Services will terminate immediately.
Your
submissions
Please review this section and the
"PROHIBITED
ACTIVITIES
" section
carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you
have when
you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to
us all
intellectual property rights in such Submission. You agree that we shall own this Submission
and be
entitled to its unrestricted use and dissemination for any lawful purpose, commercial or
otherwise,
without acknowledgment or compensation to you.
You are responsible for what you post or upload:
By sending
us Submissions through any part of the Services you:
- confirm that you have read and agree with our "
PROHIBITED
ACTIVITIES
" and
will not
post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful,
defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit,
false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all
moral
rights to any such Submission;
- warrant that any such Submission
are
original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant us the
above-mentioned
rights in relation to your Submissions; and
- warrant and represent that your Submissions
do not constitute confidential information.
You are solely
responsible for
your Submissions and you expressly agree to reimburse us for
any and all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual
property rights, or (c) applicable law.
By
using the Services, you represent and warrant that:
(1) all registration information
you submit
will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such
information and promptly update such registration information as
necessary;
(3) you have the legal capacity and you
agree to comply
with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (5) you will not access the Services
through
automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for
any illegal or
unauthorized
purpose; and (
7) your use of the Services will not
violate any
applicable law or regulation.
If you
provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend
or terminate your account and refuse any and all current or future use of the
Services (or any
portion thereof).
You
may be
required to register to use the Services. You agree to keep your password
confidential
and will be responsible for all use of your account and password. We reserve
the right
to remove, reclaim, or change a username you select if we determine, in our
sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
We
accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You
agree to provide current, complete, and accurate purchase and account information for all
purchases made
via the Services. You further agree to promptly update account and payment information,
including email
address, payment method, and payment card expiration date, so that we can complete your
transactions and
contact you as needed. Sales tax will be added to the price of purchases as deemed required
by us. We
may change prices at any time. All payments shall be in
US dollars.
You
agree to pay all charges at the prices then in effect for your purchases and any applicable
shipping
fees, and you authorize
us to charge your chosen payment provider for any such amounts upon placing your
order.
If your order is subject to recurring charges, then you
consent to our
charging your payment method on a recurring basis without requiring your prior
approval for
each recurring charge, until such time as you cancel the applicable order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We
reserve the right to refuse any order placed through the Services. We may, in our sole
discretion, limit
or cancel quantities purchased per person, per household, or per order. These restrictions
may include
orders placed by or under the same customer account, the same payment method, and/or orders
that use the
same billing or shipping address. We reserve the right to limit or prohibit orders that, in
our sole
judgment,
appear to
be placed by dealers, resellers, or distributors.
6. CANCELLATION
All purchases are non-refundable.
You can cancel your subscription at any time by
contacting us using
the contact information provided below. Your cancellation
will take
effect at the end of the current paid term.
If you are unsatisfied with our Services, please email us at grayson.gibson@manufacturedmls.com
or call us at 3037189196
.
You may not
access or use
the Services for any purpose other than that for which we make the Services available.
The Services
may not be used in connection with any commercial
endeavors except those that are
specifically endorsed or
approved by us.
As
a user of
the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile,
directly or
indirectly, a collection, compilation, database, or directory without
written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in any
attempt to
learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related
features of the
Services, including features that prevent or restrict the
use or copying
of any Content or enforce limitations on the use of the
Services and/or
the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to
harass, abuse, or
harm another person.
- Make
improper use of our support services or submit false reports
of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any applicable
laws or
regulations.
- Engage
in unauthorized framing of
or linking to
the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan
horses, or other material, including excessive use of
capital letters
and spamming (continuous posting of repetitive text), that
interferes
with any party’s uninterrupted use and enjoyment of the
Services or
modifies, impairs, disrupts, alters, or interferes with the
use,
features, functions, operation, or maintenance of the
Services.
- Engage
in any automated use of the system, such as using scripts to
send
comments or messages, or using any data mining, robots, or
similar data
gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of
another
user.
- Upload
or transmit (or attempt to upload or to transmit) any
material that acts
as a passive or active information collection or
transmission mechanism,
including without limitation, clear graphics interchange
formats ("gifs"), 1×1
pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
"spyware" or "passive
collection
mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services or
the networks
or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or
agents engaged in
providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to prevent
or restrict
access to the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, including but not limited
to Flash,
PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorized script or
other software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized use of the
Services, including collecting usernames and/or email
addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses
.
- Use
the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating
endeavor or
commercial enterprise.
-
Sell or otherwise transfer your profile.
8.
USER GENERATED
CONTRIBUTIONS
The
Services does not offer users to submit or post content.
We may provide you
with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services,
including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions").
Contributions may be viewable by other users of the
Services and through third-party websites. As such, any
Contributions you transmit may be treated in accordance
with the Services' Privacy Policy. When you
create or make available any Contributions, you thereby
represent and warrant that:
- The creation, distribution,
transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You are the creator and owner of or have
the necessary licenses, rights, consents,
releases, and permissions to use and to
authorize us, the
Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal
Terms.
- You have the written consent, release,
and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false,
inaccurate, or misleading.
- Your Contributions are not unsolicited
or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
- Your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
- Your Contributions do not ridicule,
mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to
harass or threaten (in the legal sense of those terms) any other person
and to promote violence against a specific person or class of
people.
- Your Contributions do not violate any
applicable law, regulation, or rule.
- Your Contributions do not violate the
privacy or publicity rights of any third party.
- Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
- Your Contributions do not include any
offensive comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.
- Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Legal
Terms, or any applicable law or regulation.
Any
use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your
rights to use the Services.
You and
Services agree that we may access, store, process, and use any information and personal
data that you provide following the terms of the
Privacy Policy and your choices
(including settings).
By submitting
suggestions or other feedback regarding the Services, you agree that we can use and share
such feedback for any purpose without compensation to you.
We do not assert
any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your Contributions.
10.
THIRD-PARTY WEBSITES AND CONTENT
The Services may
contain (or you may be sent via the Site) links to other websites (
"Third-Party Websites") 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 ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for
any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or
installed from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and
you should be aware these Legal Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any website to which you
navigate from the Services or relating to any applications you use or install from the Services.
Any purchases you make through Third-Party Websites
will be through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services. Additionally, you
shall hold us blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content
or any contact with Third-Party Websites.
11.
ADVERTISERS
We allow advertisers
to display their advertisements and other information in certain areas of the Services, such as
sidebar advertisements or banner advertisements. We simply provide the space to place such
advertisements, and we have no other relationship with advertisers.
12.
SERVICES MANAGEMENT
We reserve the
right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2)
take appropriate legal action against anyone who, in our sole discretion, violates the law or these
Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3)
in our sole discretion and without limitation, refuse, restrict access to, limit the availability
of, or disable (to the extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
13.
PRIVACY POLICY
We care about data
privacy and security. Please review our Privacy Policy:
http://www.manufacturedmls.com/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which
is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States
. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
the United States
, then through your continued use of the Services, you are
transferring your data to
the United States
, and you expressly consent to have your data transferred
to and processed in
the United States
.
14.
TERM AND TERMINATION
These Legal Terms
shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
15.
MODIFICATIONS AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Services at any time or for any reason at
our sole discretion without notice. However, we have no obligation to update any information on
our Services. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee
the Services will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Services, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Services at any time or for any reason without notice to you. You agree
that we have no liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in connection therewith.
16.
GOVERNING LAW
These Legal Terms
and your use of the Services are governed by and construed in accordance with the laws of
the State of Colorado
applicable to agreements made and to be entirely performed within
the State of Colorado
, without regard to its conflict
of law principles.
17.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes")
brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party to the other
Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of
the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the
American Arbitration Association (AAA) website. Your
arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer
Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone,
or online. The arbitrator will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where otherwise required by the
applicable AAA rules or
applicable law, the arbitration will take place in
Boulder County,
Colorado
. Except as otherwise provided herein, the
Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the
state and federal courts
located in
Colorado
, and the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction
in such state and federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer Information Transaction
Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party
related in any way to the Services be commenced more than one (1)
years after the cause of action arose. If this
provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be illegal or unenforceable
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize
class action procedures; and (c) there is no right or authority for any Dispute to be brought
in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
18.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or update the information
on the Services at any time, without prior notice.
19.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS
LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO
US
DURING
THE six (6) MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING
OR
$25,000.00 USD
.
CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
21.
INDEMNIFICATION
You
agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4)
your violation of the rights of a third party, including but not limited to intellectual
property rights; or (5) any overt harmful act
toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defense
of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
22.
USER DATA
We
will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
23.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED
BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
24.
CALIFORNIA USERS AND RESIDENTS
If
any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25.
MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or in respect to
the Services constitute the entire agreement and understanding between you and us. Our failure
to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver
of such right or provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond
our reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use of the Services.
You agree that these Legal Terms will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
26.
CONTACT US
In
order to resolve a complaint regarding the Services or to receive further information regarding
use of the Services, please contact us at:
Manufacture Multiple Listing Service LLC
324 main st unit d
Lyons
, CO
80540
United States
Phone: 3037189196
grayson.gibson@manufacturedmls.com