1. AGREEMENT BETWEEN USER AND TINYCSR.COM
THIS SITE AND ITS ANCILLARY MARKETING PRODUCTS IS OFFERED TO THE USER CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN. YOUR USE OF THIS SITE AND TINYCSR.COM’S ANCILLARY MARKETING PRODUCTS CONSTITUTES YOUR AGREEMENT TO AND ACCEPTANCE OF ALL SUCH TERMS, CONDITIONS AND NOTICES.
2. USE OF TERMS
In this Agreement,
a. "TinyCSR.com," the Internet service operating real estate data services, this website and related marketing products.
b. The "Site" and the "Website" refer to the website www.tinycsr.com.
c. "User" means any user of the TinyCSR.com site or ancillary marketing products and services.
d. "You" refers to any User of the Site or ancillary marketing products and services.
3. USE Limitations
a. This site and TinyCSR’s ancillary marketing products are for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, create derivative works from, transfer, or sell any information, products or services obtained from this site or ancillary marketing products without expressed written permission from TinyCSR.com.
b. The content available through this site and ancillary marketing products is the sole property of TinyCSR.com or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, TinyCSR-owned content received through this Site or ancillary marketing products may be used only for personal non-commercial purposes.
c. The contents of TinyCSR.com and its ancillary marketing products, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.
d. Without first obtaining expressed written permission from TinyCSR.com, you may not (a) sell or modify the Material or reproduce, display, publicly perform, distribute, decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, or create derivative works from TinyCSR.com or its ancillary marketing products, which includes the information and software made available therein; (b) copy, modify, reproduce, republish, distribute, transmit or use for commercial or public purposes TinyCSR.com or its ancillary marketing products, except to the extent required in order for you to use TinyCSR.com or its ancillary marketing products in the manner expressly intended by TinyCSR.com; (c) export or re-export TinyCSR.com or its ancillary marketing products in violation of the export control laws and regulations of the United States of America; or (d) use of the Material on any other website or in a networked computer environment for any purpose. Please contact TinyCSR.com regarding these or related matters.
e. If you violate the previous term or any other term herein contained, TinyCSR.com shall have the right to recover damages from you in an amount equal to (3) three times TinyCSR.com's damages or the maximum allowable under the law, whichever is less.
f. In that all data provided by TinyCSR.com or its ancillary products is obtained from public records, and other outside sources, TinyCSR.com has used its best efforts but does not make any representations that such data is accurate, and you use this data at your own risk.
g. There is not necessarily a relationship between TinyCSR.com and its ancillary marketing products and the third-party owners of any websites accessible through links in TinyCSR.com, and those third-party owners and their licensees retain all right, title and interest (including all copyrights and other intellectual property rights) in such third party websites and the materials available therein.
h. You may provide links to TinyCSR.com from locations outside TinyCSR.com provided (a) you link only to the home page www.TinyCSR.com, (b) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices in TinyCSR.com or its ancillary marketing products, (c) you give TinyCSR.com timely notice of such link and (d) you discontinue providing links to TinyCSR.com if notified to do so by TinyCSR.com.
i. As a User you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any service being performed by the Site or TinyCSR’s ancillary marketing products.
j. As a User you agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
k. As a User, no refunds will be issued for any TinyCSR.com or ancillary marketing products or services that have been purchased and delivered. If a service is cancelled by the User during the contracted term of service, the service will be valid and available through the end of the term paid for and contracted to.
l. If you are issued a password, you agree not to disclose your password to any third party or use your password for any unauthorized purpose.
m. By using our services, you agree to receive text messages from TinyCSR.com or our clients regarding home valuations, updates, offers and marketing materials. Message frequency may vary. Standard messaging and data rates may apply. To opt-out, reply "STOP" or contact TinyCSR.com.
4. CHANGES; DISCONTINUANCE
a. Information, products, software, services and features may be added to or withdrawn from the Site or TinyCSR's ancillary marketing products at its discretion.
b. TinyCSR.com reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the services after the effective date of such changes will constitute acceptance of and agreement to any such changes.
c. TinyCSR.com may suspend or discontinue the services at any time to you and/or to others, without notice.
d. TinyCSR.com does not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site or those services may be interfered with by numerous factors both inside and outside of our control. From time to time, system maintenance will be necessary, and, under such circumstances, TinyCSR.com will notify its users in advance by posting a message on the Site and/or sending an e-mail notice to registered clients’ and members' e-mail addresses.
e. TinyCSR.com shall not be liable to any User or other party should TinyCSR.com exercise its right to discontinue the site or its ancillary marketing products.
5. DISCLAIMER
a. The services are provided “AS IS” without warranty of any kind, either express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose.
b. TinyCSR.com does not represent or warrant that the services are complete or free from error, and does not assume, and expressly disclaims, any liability to any person or entity for loss or damage caused by errors or omissions in the service, whether such errors or omissions result from negligence, accident or other cause.
c. In no event shall TinyCSR.com be liable for any events beyond its direct control, nor shall TinyCSR be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Site or TinyCSR’s ancillary marketing products or with the delay or inability to use this Site or said products, or for any information, products and services obtained through this Site, or otherwise arising out of the use of this Site or said products, whether based in contract, tort, strict liability or otherwise, even if TinyCSR has been advised of the possibility of damages.
d. We are not responsible for any communications you may receive from third parties, and to be removed from a third-party company’s database, you must contact them directly.
6. USER REPRESENTATIONS; INDEMNIFICATION
a. You hereby represent and warrant that (a) any information you have provided to TinyCSR.com is true and accurate, (b) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of TinyCSR.com and its ancillary marketing products, (c) you will comply at all times with this Agreement.
b. You will indemnify and hold harmless TinyCSR.com, its successors, representatives, principals, employees, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licenses against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fees) paid or incurred in connection with claims due to, resulting from or arising in connection with activities and information which are performed, made, distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, and (b) errors in or omissions from such activities and information.
c. You agree to defend TinyCSR.com, its successors, representatives, principals, employees, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licenses against any cause of action or proceeding which arises in connection with any claim or proceeding due to, resulting from or arising in connection with activities and information which are performed, made, distributed, displayed, transmitted or published by you. Your obligation to indemnify the aforementioned parties will survive the expiration or termination of this Agreement by you or any aforementioned Party for any reason. You shall pay for the defense, including costs and/or attorneys' fees, of any such third-party action arising as described herein unless the aforementioned parties agree otherwise.
7. PRIVACY STATEMENT
a. Registration and certain other information about you is subject to our Privacy Statement. For information, please review our full policy at privacy statement.
8. CHOICE OF LAW; DISPUTES
a. These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You hereby consent to the personal jurisdiction and venue of an appropriate court located in San Francisco County, California, in all disputes arising out of or relating to the services and/or these Terms of Use.
9. GENERAL
a. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect.
b. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.
c. TinyCSR.com may assign this Agreement, in whole or in part, at any time with or without notice to you.
d. This Agreement constitutes the entire agreement between the user and TinyCSR.com with respect to the services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and TinyCSR.com with respect to the services.
e. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in TinyCSR.com. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in TinyCSR.com; or on the date received, if delivered in any other manner.
f. Users may not assign their rights or delegate their duties without the prior written consent of TinyCSR.com.
g. Each third-party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third-party beneficiary.
h. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.
i. Any rights not expressly granted herein are reserved.