Welcome to the Atlantic & Pacific Real Estate, LLC (including its
subsidiaries, “APRE”) web site (“Site”). The information provided on
this Site is for general informational and educational purposes only.
Please read and review these Terms of Use carefully before accessing or
using this Site. By accessing or using this Site, you acknowledge that
you have read, understood and agreed to the Terms of Use Agreement. If
you do not agree to the Terms of Use, you may not access or use the
Site.
1.
Use of Site. The information provided on this
Site is for general informational and educational purposes. This Web
site is neither a solicitation nor does it constitute real estate or
legal advice. Your access to and use of the information contained in
the Site is subject to this Terms of Use Agreement. By accessing and
using this Site, you accept, without limitation or qualification, this
Terms of Use Agreement.
2.
No Warranties; No Duty to Update. The
contents of this Site are provided “AS IS.” APRE makes no warranties or
representations of any kind as to its accuracy, currency or
completeness. You agree that access to and use of this Site and the
content thereof is at your own risk. Neither APRE nor any of its
affiliates or third party providers shall have any responsibility to
maintain the data and services made available on this Site or to supply
any corrections, updates, or releases in connection therewith.
Availability of data and services are subject to change without notice.
APRE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND
ANY WARRANTY FOR THE USE OR THE RESULTS OF THE USE OF THE SERVICES WITH
RESPECT TO THEIR CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS,
RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY. NEITHER
APRE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS
SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION,
DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING
OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS
OR OMISSIONS IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES
TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT.
3.
No Liability for Content; No Liability Arising From
Use. APRE SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO
YOU OR TO THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE
FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR
MAINTAIN YOUR ACCESS TO THIS SITE, OR FOR ANY INTERRUPTION OR DISRUPTION
OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN APRE AND YOU,
REGARDLESS OF WHETHER THE CONNECTION OR COMMUNICATION SERVICE IS
PROVIDED BY APRE, ITS AFFILIATES OR A THIRD PARTY SERVICE PROVIDER. APRE
AND ITS AFFILIATES SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO
YOU OR TO THIRD PARTIES, FOR THE CORRECTNESS, QUALITY, ACCURACY,
TIMELINESS, RELIABILITY, PERFORMANCE, CONTINUED AVAILABILITY,
COMPLETENESS OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF
THE DATA AND SERVICES AVAILABLE ON THIS SITE OR FOR ANY OTHER ASPECT OF
THE PERFORMANCE OF THIS SITE OR FOR ANY FAILURE OR DELAY IN THE
EXECUTION OF ANY TRANSACTIONS THROUGH THIS SERVICE. IN NO EVENT WILL
APRE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOU USING THE
DATA OR SERVICES MADE AVAILABLE ON THIS SITE, EVEN IF APRE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APRE WILL HAVE NO
RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES EXPERIENCED BY APRE OR
THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICES OR TO TAKE ANY
ACTION IN CONNECTION THEREWITH.
4.
No Warranties Made as to Security. APRE MAKES
NO WARRANTY WHATSOEVER TO YOU, EXPRESS OR IMPLIED, REGARDING THE
SECURITY OF THE SITE, INCLUDING WITH RESPECT TO THE ABILITY OF
UNAUTHORIZED PERSONS TO INTERCEPT OR ACCESS INFORMATION TRANSMITTED BY
YOU THROUGH THIS SERVICE.
5.
Third Party Links. APRE may, from time to
time, provide links to third party web sites solely as a convenience to
you. Accordingly, APRE makes no representations concerning the content
of those web sites. The fact that APRE has provided a link to a third
party web site does not constitute an endorsement, authorization,
sponsorship, or affiliation by APRE with respect to such site, its
owners, or its providers. APRE as not tested any information, software,
or products found on any of the web sites and therefore does not make
any representations with respect thereto, including any representations
regarding the content or sponsors of the web sites, or the suitability
or appropriateness of the products or transactions described therein
6.
System Outages, Slowdowns, and Capacity
Limitations/Delays in Transactions. As a result of high
Internet traffic, transmission problems, systems capacity limitations,
and other problems, you may, at times, experience difficulty accessing
the Site or communicating with APRE through the Internet or other
electronic and wireless services. Any computer system or other
electronic device, whether, it is yours, an Internet service provider's
or APRE’s can experience unanticipated outages or slowdowns, or have
capacity limitations.
7.
Indemnification. You agree to indemnify,
defend and hold harmless APRE, its affiliates, and their respective
officers, directors, employees, agents, suppliers and third party
partners from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation by
you of these Terms of Use.
8.
Privacy. APRE respects the privacy of its
Site users. Please refer to
PRIVACY
STATEMENT LINK that explains users' rights and responsibilities with
respect to information that is disclosed on this Site.
9.
Third Party Web sites and Links. This Site
may contain links or references to other web sites maintained by third
parties over whom APRE has no control. Such links are provided merely as
a convenience. Similarly, this Site may be accessed from third party
links over whom APRE has no control. APRE makes no warranties or
representations of any kind as to the accuracy, currency or completeness
of any information contained in such third party web sites and shall
have no liability for any damages or injuries of any kind arising from
such content or information. Inclusion of any third party link does not
imply an endorsement or recommendation by APRE.
10.
Non-Confidential Information. Subject to any
applicable terms and conditions set forth in our
PRIVACY
STATEMENT LINK, any communication or other material that you send to
us through the Internet or post on the Site by electronic mail or
otherwise, such as any questions, comments, suggestions or the like, is
and will be deemed to be non-confidential and APRE shall have no
obligation of any kind with respect to such information. APRE shall be
free to use any ideas, concepts, know-how or techniques contained in
such communication for any purpose whatsoever.
11.
Trademarks. All product names, whether or not
appearing in large print or with the trademark symbol, are trademarks of
APRE, its affiliates, related companies or its licensors or joint
venture partners, unless otherwise noted. The use or misuse of these
trademarks or any other materials, except as permitted herein, is
expressly prohibited and may be in violation of copyright law, trademark
law, the law of slander and libel, the law of privacy and publicity,
and communications regulations and statutes.
12.
Copyrights. The entire contents of this Web
site are subject to copyright protection. Copyright © 2008-2010 Atlantic
& Pacific Real Estate, LLC. The contents of this Site may not be
copied other than for noncommercial individual reference with all
copyright or other proprietary notices retained, and thereafter may not
be recopied, reproduced or otherwise redistributed. Except as expressly
provided above, you may not otherwise copy, display, download,
distribute, modify, reproduce, republish or retransmit any information,
text or documents contained in this Site or any portion thereof in any
electronic medium or in hard copy, or create any derivative work based
on such images, text or documents, without the express written consent
of APRE. Nothing contained herein shall be construed as conferring by
implication, estoppel or otherwise any license or right under any patent
or trademark of APRE, or any third party.
13.
Void Where Prohibited. This Site and its
contents are intended to comply with the laws and regulations in the
U.S. Although the information on this Site is accessible to users
outside of the U.S., the information pertaining to APRE products is
intended for use only by residents of the U.S. Other countries may have
laws and regulatory requirements that differ from those in the U.S.
APRE reserves the right to limit provision of its products or services
to any person, geographic region or jurisdiction and/or to limit the
quantities or any products or services it provides. Any offer for any
product or service made on this Site is void where prohibited.
14.
Governing Laws. This Terms of Use Agreement and
your use of the Site shall be governed by the laws of the United States
of America and the State of California without regard to its conflicts
of laws principles. Any legal action or proceeding related to this Site
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in Orange County, California.
15.
Miscellaneous. If any provision of this
Agreement is held to be unlawful, void or unenforceable, then such
provision shall be severable without affecting the enforceability of all
remaining provisions. APRE reserves the right to alter, update or
delete materials from this Site at any time at its sole discretion.