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Terms and ConditionsPLEASE READ CAREFULLY BEFORE USING prospectequities.com Welcome to the prospectequities.com web site (the "Web Site"). The goals of the Web Site include providing consumers with access to residential and commercial real estate listings, real estate related information, and information about Prospect Equities, Inc. ("Prospect Equities®") and its national real estate system of independently-owned and -operated affiliates and their network of independent sales professionals. To promote a safe, non-offensive environment for all visitors to the Web Site, we have established these "Terms of Use". By accessing any areas of the Web Site, you agree to be bound by the terms and conditions set forth below. If you do not agree to all of the Terms of Use, please do not use this Web Site. PRIVACYInformation about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy. LINKSThe Web Site contains links to third party web sites and may redirect you to third party web sites ("Third Party Sites"). These include sites of:
Third Party Sites are not under the control of Prospect Equities, Inc., and Prospect Equities, Inc. is not responsible for such Third Party Sites, including without limitation the accuracy, sufficiency, correctness, reliability, veracity, completeness, or timeliness thereof, any link contained therein, or any changes or updates thereto. The inclusion or access to Third Party Sites does not imply an endorsement thereof by Prospect Equities, Inc., or of the provider of such content or services, or of any third party web site. Prospect Equities, Inc. reserves the right to terminate any link or linking program at any time.
APPLICABLE LAWThe Web Site is operated by Prospect Equities, Inc. from its offices in Oak Brook, IL, U.S.A. As such, the laws of the State of Illinois, U.S.A., will govern these Terms of Use, excluding any principles or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state or federal courts in Illinois, U.S.A., for any litigation arising out of or relating to the use of the Web Site, waive any objection to the venue of any such litigation in the Illinois courts and agree not to plead or claim in any Illinois court that such litigation brought therein has been brought in an inconvenient forum. Use of the Web Site is only authorized in jurisdictions that give effect to all provisions of these Terms of Use. LIMITED LICENSEThe materials provided through the Web Site including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the Web Site, as well as the organization and layout of the Web Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Web Site solely for your personal and non-commercial use, however, any print out of the Web Site, or portions of the Web Site, must include the copyright notice of the owner of such materials. You may not copy reproduce, republish, download, print, upload, post, transmit, distribute and/or exploit the content or information contained on the Web Site for commercial use in any way (including by e-mail or other electronic means) without the prior written request of Prospect Equities, Inc. You agree that Prospect Equities, Inc. may, in its sole discretion and at any time, terminate your access to and use of the Web Site, or any part thereof, with or without notice. RESTRICTIONSUnless explicitly specified or with separate, written permission from Prospect Equities, Inc., you may not and agree that you will not:
TRADEMARKThe trademarks and service marks used or displayed on the Web Site are trademarks or service marks of Prospect Equities, Inc. or a third party, which may be registered in the United States or other jurisdictions. None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the mark. TRANSMITIf you post, upload, submit or otherwise transmit any content on or through the Web Site, you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity. Any submission of such information will be subject to the prospectequities.com Privacy Policy. MAPPING TECHNOLOGYThe mapping technology utilized on prospectequities.com and the data, graphics and imaging accessible therein is provided under license from Bing, Inc. and/or Microsoft Corporation. Bing data, graphics and imaging are subject to Bing's Privacy Disclosure and Bing's Legal Notices. DISCLAIMERTHE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITYIN NO EVENT SHALL PROSPECT EQUITIES, INC. OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE WEB SITE BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEB SITE, REGARDLESS OF.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
INDEMNIFICATIONYOU AGREE TO INDEMNIFY AND HOLD PROSPECT EQUITIES, INC., ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE WEB SITE, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, COURT COSTS OR ARBITRATION COSTS MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE. TERMINATIONProspect Equities, Inc. may terminate your access to and use of the Web Site, or any part thereof, with or without notice. UPDATESProspect Equities, Inc. reserves the right to make changes to the Web Site and these Terms of Use. You should visit this page from time to time to review the then-current Terms of Use. If you use this Web Site following any such change, you agree to follow and be bound by the Terms of Use as changed. If any change is unacceptable to you, your only recourse is to stop using the Web Site and related services. INTERPRETATIONIf any part of these Terms of Use is determined to be invalid or unenforceable, then that part will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
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