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Please review the following Terms and Conditions and indicate your
acceptance by selecting the 'I Agree' buttom at the bottom of the page
| | TERMS AND CONDITIONS | |
The submission of information to, and use of, the real estate and business listing
service ("Service") available through the Circumlocation web sites is subject to
the following terms and conditions. BY CLICKING ON THE "Become A
Member" BUTTON or by submitting information to, or accessing information
from, the Service, YOU, the end user customer ("Customer") AGREE TO
THE FOLLOWING TERMS AND CONDITIONS. These Terms and
Conditions are a legal agreement between you and Circumlocation, Inc. ("CI").
If you do not agree to these Terms and Conditions, click on the "Cancel"
button and do not submit information to, or access information from, the
Service. All questions concerning this Agreement should be directed to:
Licensing, Circumlocation, Inc., 834 Griegos Rd. NW, Albuquerque, NM 87107.
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| | Submission and Administration of Listings | |
Customer shall not submit any property descriptions, photographs, financial,
contact or other information ("Listings") to the web site unless (i) Customer has
received all necessary rights and authorizations, including without limitation
from the owner of the property listed, any necessary agents or brokers, the
author of the Listing, including the photographer and/or copyright owner of any
photographs, as applicable, to publish and advertise the Listing as part of the
Service and allow the Listing to be accessed, downloaded and copied by
users of the Service; and (ii) the Listing is accurate and Customer agrees to
administer the Listing and maintain its accuracy at all times. Customer
represents, warrants and covenants that the foregoing is correct at the time of
submission and will remain correct as long as the Listing is used in connection
with the Service.
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The management of Circumlocation, Inc. retains the sole right to determine the
acceptability of material for publication on this site. Any text, data, photos,
graphics, links, or other material of any nature that are deemed to be indecent,
obscene, or unsuitable to the purpose of the site, or that are subject to any
dispute regarding copyright or trademark infringement will be immediately
deleted from the site by the site administrator.
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| | Indemnity | |
CUSTOMER WILL INDEMNIFY AND HOLD HARMLESS CI, AT CUSTOMERS SOLE EXPENSE,
AGAINST ANY CLAIM, ACTION, LEGAL PROCEEDING, DAMAGES, LIABILITY, SETTLEMENTS,
EXPENSES (INCLUDING ATTORNEYS' FEES) AND OTHER COSTS ARISING OUT OF OR RELATING
TO (i) BREACH OF THESE TERMS AND CONDITIONS, (ii) NEGLIGENCE OR MISCONDUCT BY
CUSTOMER OR (iii) A CLAIM THAT A LISTING OR OTHER INFORMATION PROVIDED BY
CUSTOMER INFRINGES THE COPYRIGHT, TRADEMARK, TRADE SECRET, PATENT OR OTHER
PROPRIETARY RIGHT OF A THIRD PARTY.
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| | Use of Information | |
Customer agrees to treat all information and Listings obtained from the Service
as proprietary to CI. Customer agrees that information and Listings reserved
for members will be maintained as confidential and shall be protected as a
trade secret of CI. CI does not ensure the accuracy of, endorse or
recommend any Listings and Customer uses such Listings at its own risk.
Customer may access the Listings solely to obtain initial information from
which further evaluation and investigation may commence. Customer shall limit
access and use of Listings to personal and internal use, and shall not use
Listings obtained from the Service for further distribution, publication, public
display, or preparation of derivative works. Customer shall not use or
reproduce Listings obtained from the Service for or in connection with any
other listing service or device.
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| | Warranty Disclaimers | |
THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
CI MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING
THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION,
OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND CI SPECIFICALLY DISCLAIMS
ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE.
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| | Other Rights of CI | |
Customer agrees that CI shall have the right to use Listings and other
information submitted to it for any purpose, including without limitation for
publication of all or part of such Listing on the world wide web for unrestricted
use by customers. CI shall have sole authority to choose the manner in which
any Listing will be received, displayed and used by the Service, and reserves
the right to remove all or any part of a Listing or refuse Services to anyone at
any time in its sole discretion. CI shall have no obligation to (i) resolve disputes
among users of the Service; or (ii) monitor or verify the accuracy or proper use
of the Listings.
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| | Limitation of Liability | |
CI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF THE
SERVICE SHALL BE LIMITED TO THE GREATER OF (i) TWENTY
FIVE DOLLARS ($25), OR (ii) AMOUNTS, IF ANY, ACTUALLY
RECEIVED BY Cl FROM CUSTOMER FOR THE SERVICES IN THE
PRECEDING TWELVE MONTH PERIOD. IN NO EVENT SHALL Cl
HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, ARISING OUT OF OR RELATED TO THE SERVICE OR
LISTINGS, INCLUDING BUT NOT LIMITED TO LOSS OF
ANTICIPATED PROFITS, EVEN IF Cl HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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| | Governing Law and Jurisdiction | |
These Terms and Conditions shall be governed by and construed under the
laws of the State of New Mexico without reference to conflict of laws
principles. These Terms and Conditions are deemed entered into in
Albuquerque, New Mexico, USA. All disputes arising out of or related to
these Terms and Conditions or the Service shall be subject to the exclusive
jurisdiction of the state and federal courts located in Bernalillo County, New
Mexico, and the parties agree and submit to the personal and exclusive
jurisdiction and venue of these courts.
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| | Refund Policy | |
Circumlocation, Inc. makes no guarantees or warranties, expressed or implied,
as to the effectiveness of this site as an advertising medium, and will make no
refunds of subscription or advertising fees except in the following two cases: (i)
In cases where site administrator has deleted as unsuitable an ad, page, listing or other
material, the advertiser or subscriber may choose either to submit new and
acceptable material, or to receive a full refund. (ii) If, at any time, the server
should be down for a period exceeding 5% of the subscriber's contract or
advertising period, upon request within 90 days by the subscriber or advertiser,
CircumLoaction Inc. will make a prorated refund to the subscriber or
advertiser, based on the percentage of the period during which service was
unavailable.
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| | General | |
This is the entire agreement between the parties relating to the subject matter
hereof and no waiver or modification of these Terms and Conditions shall be
valid unless in writing signed by each party. The waiver of a breach of any term
hereof shall in no way be construed as a waiver of any other term or breach
hereof. If any provision of this Agreement shall be held by a court of
competent jurisdiction to be contrary to law, the remaining provisions of this
Agreement shall remain in full force and effect.
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