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| As a CleanOffer subscriber, you are subject to the terms and conditions
described below. Please read carefully and click "I Agree" at the bottom
to continue. |
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| This is a legal agreement
("Agreement") between you and CleanOffer, Inc., dba as CleanOffer.
Please read the Agreement carefully before registering for the CleanOffer
service. By registering for CleanOffer, you become a member of the Service (a
"Member"), and you agree to be bound by the terms and conditions of
this Agreement (the "Terms") for as long as you continue to be a
Member. If you do not agree to the terms, please do not register for the
CleanOffer service. The terms are subject to change at any time and you are
responsible to periodically review the agreement and any amendments,
modifications or supplements thereto for possible changes. |
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| Your membership may be terminated by you or
CleanOffer at any time, for any reason, effective upon receipt of written
notice from the other party. CleanOffer does reserve the right to immediately
suspend or terminate your access to the CleanOffer service, without notice,
upon any breach of this Agreement by you, which is brought to CleanOffer's
attention. CleanOffer does not issue refunds or credit of any sort for any
unused time on the service, no matter the cause or reason. |
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| Your membership in the CleanOffer service is
for your sole, personal use. You may not authorize others to use your
membership, and you may not assign or transfer your account to any other
person or entity. |
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| As a Member, you agree that: |
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| You are solely legally responsible and
liable to CleanOffer and to third parties for the content and the accuracy of
information you publish or display (hereinafter, "post") on the
CleanOffer service and for your interactions with other CleanOffer Members.
CleanOffer reserves the right, but has no obligation, to monitor issues or
disputes between you and other Members. |
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| You will use the CleanOffer service in a
manner consistent with any and all applicable laws and regulations. You will
not engage in listing, or solicitation of, properties through the Service for
which you have not received permission to do so. You will not post any
material unrelated to the purchase or sale of a residence. For example, you
will not post photos or materials of a sexual or "adult" nature.
CleanOffer reserves the right, but has no obligation, to reject or delete any
material that does not comply with the foregoing. |
| You are aware that you will receive and
agree to accept periodic emails from CleanOffer, after registering or
subscribing to the service, and these emails will be viewed as informational
only and will not be viewed as "spam" emails. You agree that you will
not make a claim against CleanOffer for the receipt of such informative
emails. |
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| You will not post, distribute or reproduce
in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior consent of the owner of such proprietary
rights and will defend and indemnify CleanOffer with respect thereto. |
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| You will not post on the CleanOffer service,
or transmit to other CleanOffer Members or Employees, any defamatory,
inaccurate, abusive, obscene, profane, offensive sexually oriented,
threatening, harassing, racially offensive, or illegal material, or any
material that infringes or violates another party's rights (including, but
not limited to, intellectual property rights, and rights of privacy and
publicity). |
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| ACCESS TO PERSONAL DATA BY REAL ESTATE
AGENTS. You acknowledge that inherent in the CleanOffer concept is the
ability of your chosen real estate agent to access and use information you
have posted on our site for the purpose of assisting you in the purchase or
sale of a home. For example, a real estate agent will have access, among
other things, to how many times you have logged onto the CleanOffer service,
the homes that you have viewed and saved in your personal folder, your e-mail
address and other information of value to the agent in assisting in the
purchase or sale of homes. You agree that such information from your personal
folder, including, without limitation, your e-mail address may be provided to
your selected registered real estate agent(s). |
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| ONLINE CONTENT. CleanOffer does not
represent any buyers, sellers, real estate sales agents or real estate
brokers. The company simply acts as a re-distributor of information.
Opinions, advice, statements, offers, or other information or content made
available through the CleanOffer service are those of Agents, Brokers or the
local Multiple Listing Service (MLS) and their respective authors, and not of
CleanOffer. Such authors are solely responsible for such content and
CleanOffer disclaims any and all liability with respect thereto. CleanOffer
does not guarantee the accuracy, completeness, or usefulness of any
information on the service and neither adopts, endorses nor is responsible
for the accuracy or reliability of any opinion, advice, or statement made.
Under no circumstances will CleanOffer be responsible for any loss or damage
resulting from anyone's reliance on information or other content posted on
the CleanOffer service, or transmitted to CleanOffer members. |
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| INDEMNITY BY MEMBER; COVENANT NOT TO SUE.
You will defend, indemnify, and hold harmless CleanOffer, its officers,
directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorneys' fees) relating to
or arising out of your use of the CleanOffer service, including any breach by
you of the terms of this Agreement. You further covenant not to sue or make
any claim against CleanOffer arising out of any information you obtain
through CleanOffer, or your use of such information, including, without
limitation, loss or injury arising from the acts of any third parties. |
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| WARNING - PLEASE READ: It is possible that
other CleanOffer Members or users (including unauthorized users, or
"hackers") may post or transmit inappropriate materials on the
CleanOffer service and that you may be involuntarily exposed to such
materials. It also is possible for others to obtain personal information
about you due to your use of the CleanOffer service, and that the recipient
may use such information to harass or injure you. You understand and agree
that CleanOffer is not responsible for the use of any personal information
that you may choose to disclose as result of the Service. |
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| PROPRIETARY RIGHTS. CleanOffer owns and
retains proprietary rights in the CleanOffer service. The Service contains
the copyrighted material, trademarks, and other proprietary information of
CleanOffer and its licensors. In addition, other Members may post copyrighted
information, which has copyright protection whether or not it is identified
as copyrighted. Except for that information which is in the public domain or
for which you have been given permission, you will not copy, modify, publish,
transmit, distribute, perform, display, or sell any such proprietary
information. |
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| INFORMATION SUPPLIED BY MEMBER. Subject to
the Warning set forth above regarding unauthorized third party use,
CleanOffer will keep confidential all information supplied by you to
CleanOffer, including credit card number(s) or other financial information,
and shall use or disclose such information only for the purposes for which
such information was collected, or as required by law. By posting information
or content to any public area of CleanOffer, you automatically grant, and you
represent and warrant that you have the unrestricted legal right to grant, to
CleanOffer and to other CleanOffer Members an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, perform, display
and distribute such information and content. |
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| COMPLAINTS. To resolve a complaint regarding
the CleanOffer service, you should first contact CleanOffer Client Services
at support@cleanoffer.com or 415
240-4533. In California, you may also contact the Complaint Assistance Unit
of the Division of Consumer Services of the Department of Consumer Affairs at
400 R Street, Suite 1080, Sacramento, CA 95814, (800) 952-5210. |
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| DISCLAIMER OF WARRANTY. CleanOffer provides
the CleanOffer service on an "as is" basis and grants no warranties
of any kind, express, implied, statutory, in any communication with
CleanOffer or makes its representatives, or otherwise with respect to the
service. CleanOffer specifically disclaims any implied warranties of
merchantability, fitness for a particular purpose, or non-infringement.
CleanOffer does not warrant that your use of the CleanOffer service will be
secure, uninterrupted, always available, or error-free, or will meet your
requirements. |
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| LIMITATION OF LIABILITY. In no event will
CleanOffer be liable (i) to you for any incidental, consequential, or
indirect damages (including, but not limited to, damages for loss of data,
loss of programs, loss of profits, cost of procurement of substitute services
or service interruptions) arising out of the use of or inability to use the
CleanOffer service, even if CleanOffer or its agents or representatives know
or have been advised of the possibility of such damages or (ii) to any person
other than you. Notwithstanding anything to the contrary contained herein,
CleanOffer's liability to you for any cause whatsoever, and regardless of the
form of the action, will at all times be limited to the amount paid, if any,
by you to CleanOffer for the service during the term of membership. |
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| In addition, CleanOffer disclaims all
liability, regardless of the form of action, for the acts or omissions of
other members or users (including unauthorized users, or "hackers")
of the CleanOffer service. |
| STATE BY STATE VARIATIONS. Certain
jurisdictions limit the applicability of warranty disclaimers and limitations
of liability so the above disclaimers of warranty and limitations of
liability may not apply to you. |
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| GENERAL PROVISIONS. You agree that
California law (regardless of conflicts of law principles) shall govern this
Agreement, and that any dispute arising out of or relating to this Agreement
shall be subject to the federal and state courts located with the boundaries
of the U.S. District Court, Northern District of California. This Agreement,
the contents of which are accepted and agreed to by you automatically and immediately
upon your registration for the CleanOffer service, contains the entire
agreement between you and CleanOffer, regarding the use of the Service. This
Agreement may be amended upon unilateral notice from CleanOffer to you or by
a writing signed by you and an authorized official of CleanOffer. Unless
otherwise explicitly stated, the Terms will survive termination of your
membership to the Service. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full force and
effect. |
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| COPYRIGHT POLICY |
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| Termination of User Privileges for
Infringement and Contact Information for Suspected Copyright Infringement: |
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| We will terminate the privileges of any user
who uses this Site to unlawfully transmit copyrighted material without a
license, express consent, valid defense or fair use exemption to do so. In
particular, users who submit User Content to this Site, whether articles,
images, stories, software or other copyrightable material, must ensure that
the content they upload does not infringe the copyrights nor other rights of
third parties (such as privacy or publicity rights). After notification by
the copyright holder or its agent to us of a claimed infringement, we will
terminate the infringing users' rights to use and/or access to this Site. We
may also in our sole discretion decide to terminate a user's rights to use or
access to the Site prior to that time if we have a good faith belief that the
alleged infringement has occurred. |
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| If you believe that your copyright has been infringed through
the use of this Site, please contact our Customer Care team at
support@cleanoffer.com or mail to: CleanOffer, Inc., 582 Market Street,
Suite 1609, San Francisco, CA, 94104. |
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