Terms & Conditions
If you do not accept these terms of service, please do not use the service.
THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION
FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES. PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.” USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance. OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website. HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to eframe the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
No warranties are made whatsoever about the viability of buying or selling real estate, condition of property, condition of title.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitorís computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted
to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitratorís decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. Indianapolis, Indiana, Hamilton County. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the website owner’s address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.
CONTACT INFORMATION
1. Business Address
Kevin McKee
America Corporation
Mailing Address:
P.O. Box 1047
Mundelein,
, 60060
Definitions:
2.1. Unless the context requires otherwise, following definitions applies to these Terms of Service:
2.1.1. “Account” means the account you create in order to use the Service;
2.1.2. “Confidential Information” means any and all information which is identified as confidential or proprietary by either party or by the nature of which such information is clearly confidential or proprietary;
2.1.3. “Web Data” means the data and any content made available on publicly accessible networks that we process on your behalf as a result of your use of the Program or the Service;
2.1.4. “Service” means the data aggregation and data display software that website owner makes available on website;
2.1.5. “Terms of Service” means these terms and conditions of service as amended from time to time;
2.1.6. “Virus” mean anything or device (including any software, code, file or program) which may: impair, prevent or otherwise adversely affect the operation of any computer hardware, software, or network, any telecommunications service, equipment or network or any other service or device; impair, prevent or otherwise adversely affect access to or the operation of any program or data, including the reliability of any date or program (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, viruses, trojan horses and other similar things or devices;
2.1.7. “you” or “your” means the user of the website, service, buyer or seller of real estate;
3. Use of Service and Software
3.1 Grant of license
This website grants you a non-exclusive, non-transferable,
personal and non sub-licensable license to use the Service, as
permitted by the functionality of the Service, for the purpose
of formatting, presenting and processing Web Data using the
Service and in order to make available management of your
Account.
3.2. Creation of Account
You must create an Account in order
for you to be able to use the Service. The Account is personal
and you are responsible for maintaining the confidentiality of
login details for your Account, including not disclosing any
information hereon to any third parties.
3.3. highlight passwords recommended
This website encourages you to use “highlight” passwords with
your account which means passwords that is a combination of
upper and lower case letters, numbers and symbols. If you
suspect that the login details for your Account have been
misused please contact us.
3.4. Responsibility
You are as the user responsible for any and all activity made
from or via your Account including phone calls, recordings,
texts, emails, voice broadcasts or any contact made with anyone
using the software tools.
3.5. Reasonable precautions to prevent abuse of Account
You must take all reasonable precautions in order to prevent any
unauthorized access to or use of the Service and, in the event
of any such unauthorized access or use, you are obligated to
immediately notify Website owner hereof in writing at
joecrump@joecrump.com
3.6. Third party claims
You shall indemnify and defend website owners, its agents,
contractors and sub-contractor from and against any and all
losses, damages, claims, liabilities or expenses, including
reasonable lawyers fees, arising out of a claim brought by a
third party relating to your use of the Service except to the
extent caused by website is negligence.
4. Rights of website owners
4.1. Deactivation of Accounts
Website owner has the right to at any time and at its sole
discretion to deactivate any Account or Account logon method, if
webiste has reasonably suspicion that you have failed to comply
with any of these Terms of Service or in case website owner
determines to discontinue the Service or the Program.
4.2. Changes to the Service
In order to be able to improve the Service, you agree that the
Service may change from time to time and no warranty,
representation or other commitment is given to sustain any
elements of, or functionality of, the Service.
4.3. Right to monitor
Website owner may monitor your use of the website, Program and
the Service to ensure quality, improve the Program and the
Service, and verify your compliance with these Terms of Service.
5. License of Software
5.1. By accepting these Terms of Service, website owner grants you a worldwide, non-exclusive, non-transferrable, non-sublicensable, terminable licence to login and use the Program, including but not limited to any updates to the Program that website owner may make available from time to time for the sole purpose of using the Service in accordance with clause 3.1 and in accordance with these Terms of Service.
6. User Obligations
6.1. You:
6.1.1. are obligated to comply with any and all applicable laws and regulations in force with respect to your use of the Program and the Service and your activities performed under these Terms of Service;
6.1.2. are only to use the Program and the Service in accordance with these Terms of Service;
6.1.3. must ensure that your systems and network comply with the relevant specifications provided by website owner from time to time;
6.1.4. are solely reliable for obtaining and maintaining at all times, all necessary licenses, consents, and permissions necessary for website owner to perform its obligations under these Terms of Service;
6.1.5. are solely responsible for procuring and maintaining your network connections and telecommunications access points and links from your own systems in order to access and use the Service.
6.1.6. must not use any automated system such as without limitation robots, spiders or offline readers to access the Service in a manner that sends more request messages to the Service than a human can reasonably produce in the same period of time; and
6.1.7. must not attempt to interfere with or compromise the Service security or integrity.
6.2. Website owner may make available updates to the Program. You shall install each update as soon as reasonably practicable after notification of an update ís availability and in accordance with the instructions given by Website owner at the time each update is made available.
7. User Limitations
7.1. You are obligated to ensure that that any use of the Service does not in any way process Web Data that may:
7.1.1. contain content which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
7.1.2. infringe on the personal data rules in force from time to time in any jurisdiction in which Website owner is based or you intent to process any such personal data;
7.1.3. be likely to deceive any person or which is made in breach of any legal duty owed to a third party such as a duty of confidence or a contractual duty or promote any form of illegal activity;
7.1.4. infringe or be considered an infringement on any intellectual property right of any person, including but not limited to copyright, patent right, database right, trademark right, design right;
7.1.5. be threatening, abusive or invasive of another individuals privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other individual;
7.1.6. be used to impersonate any person, or to be able to mislead any third party with regards to your identity or affiliation with any person or is able to give the impression that they originate from website owner, as long as this is not the case; or
7.1.7. be used to promote, support or assist any unlawful act such as but not limited to copyright infringements and negligent acts;
7.1.8. be used to distribute, access, transmit or store any Virus using the Service.
7.2. You agree that any failure to comply with this clause 7 will constitute a material breach of these Terms of Service, and that such failure may result in website owner taking all or any of the following actions:
7.2.1. immediately, temporarily or permanently withdraw any or all rights to use the Service;
7.2.2. issue a warning;
7.2.3. initiate legal action against you or any affiliate including proceedings for reimbursement of all costs and expenses hereunder but not limited to reasonable administrative and legal costs incurred by us as a result of the breach; or
7.2.4. disclose such information to law enforcement authorities as we reasonably believe is necessary.
7.3. By using the Service and the Program, you acknowledge and agree that the actions described in this clause are unlimited, and we may take any other action we reasonably deem appropriate.
8. Intellectual Property Rights
8.1. Website owner is the owner of or the license to any and all intellectual property rights vested in the Program and the Service. Such works are protected by national and international law, and all such rights are reserved.
8.2. You shall not, except as may be allowed by any applicable law which may not be excluded by website owner:
8.2.1. attempt to copy, modify, duplicate, create derivative works of, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Program or the Service in any form or media or by any means, except to the extent expressly permitted under these Terms of Service;
8.2.2. attempt to decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Program or the Service;
8.2.3. access all or any part of the Program or the Service in order to build a product or service which competes or is to co-exist with the Service, the Program or any other website owners product or service existing at any point in time;
8.2.4. use the Program or the Service to provide similar or like services to third parties; or
8.2.5. license, sell, resell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Program or the Service available to any third party,
8.2.6. attempt to obtain, or assist third parties in obtaining, access to the Program or the Service other than as provided under this clause 8.
8.3 By using this Program and Service, you grant Website owner a license to use the name and logo of your company as a customer reference on Website owner, Website owner related websites and in Website owner marketing material. You may at all times withdraw your consent hereto without any consequences for the use of the Service or Program. Any withdrawal of consent must be made in writing to Website owner.
9. Web Data
9.1. You warrant that you have all necessary rights to use the Web Data in the manner contemplated by you and for us to process the Web Data on your behalf in providing the Service.
9.2. If you wish to use the Service to convert any Web Data into a table or data or a structured API, or any other such functionalities offered by the Service, which you do not own, you must obtain consent from Website owner or the appropriate license from the licensors or owners of such Web Data before you process all of or any portion of such Web Data through the Service. Upon requests from third party rights holders you must cease to deal in any way with Web Data that they own, if you do not possess the appropriate licenses to deal with such Web Data.
9.3. You are solely liable for ensuring that that your use of the Service to process Web Data does not infringe any copyright, database right, trademark or any other intellectual property right of any person or, in any way, infringe the terms of any license you may have in respect of any Web Data.
9.4. You acknowledge and explicitly agree that Website owner shall not be responsible or liable for the deletion, correction, alteration, destruction, damage, loss, disclosure or failure to store any Web Data, neither directly nor indirectly, regardless of the cause hereto.
10. Notice and Takedown Policy
10.1. You are welcome to contact Website owner by sending us a notice of infringement if that person considers that the Service infringes on their rights or fails to comply with the above clause 7. The notice must be sent by post to website owner and it must contain the following information: name and contact details on the infringed person; a statement explaining in detail why the Service is considered infringing on the rights or fails to comply with clause 7; and a link to or such other means of identifying the problematic content of feature.
10.2. We will take the action that we deem appropriate depending on the nature of the notice and we will respond to the notice within a reasonable period of time. Our response will contain information on the action we propose to take.
11. Data Protection
11.1. If Website owner processes any Personal Data as a result of processing the Web Data or as a result of your use of the Service, you instruct Website owner to be the Data Processor and confirm that you are the Data Controller in relation to the processing of any such Personal Data.
11.2. In relation to such Personal Data:
11.2.1. Website owner will process the Personal Data only in accordance with these Terms of Service and any lawful written instructions reasonably given by you from time to time to Website owner and based on the consent you are responsible to obtain from the Data Subjects in question; and
11.2.2. Website owner warrants to have in place appropriate technical and organizational security measures against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.
12. Confidential Information
12.1. Each party may be given access to Confidential Information from the other party in order to perform its obligations under these Terms of Service. A Party Confidential Information shall not be deemed to include information that:
12.1.1. is or becomes publicly known other than through any act or omission of the receiving party;
12.1.2. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
12.1.3. was in the other party is lawful possession prior to the disclosure;
12.1.4. is developed independently by the receiving party and such independent development may be shown by written evidence; or
12.1.5. is required to be disclosed by law or virtue, by any court of competent jurisdiction or by any regulatory or administrative body.
12.2. Each party shall hold the other is Confidential Information confidential and, unless required by law or regulations, not make the other is Confidential Information available for use for any purpose other than as needed to perform these Terms of Service.
12.3. Each party shall take any and all reasonable steps to ensure that the other party is Confidential Information whereto is given access is not disclosed or distributed by it or its employees, agents or other affiliates in violation of these Terms of Service.
12.4. Each party shall make back-ups of itsí own Confidential Information and shall not be responsible to the other for any loss, destruction, alteration or disclosure of Confidential Information.
13. Support Availability
13.1. Support services for the Service are provided entirely at Website ownerís option and discretion.
14. Termination
14.1. On termination of these Terms of Service for any reason, all licences granted under these Terms of Service shall immediately terminate and your right to access and use the Service will immediately be terminated and thus ended.
15. Limited Warranty
15.1. As the Service is made available without charge, the Service is provided on an “AS IS” and “AS AVAILABLE” basis. Website owner gives no representations, warranties, conditions or other terms of any kind in respect of the Service, whether express or implied, including, but not limited to, warranties of satisfactory quality, availability, merchantability fitness for a particular purpose or non-infringement.
15.2. Except as expressly and specifically provided for in these Terms of Service you assume sole responsibility for results obtained from the use of the Service and for any and all conclusions drawn or decisions taken based upon such use and you rely on the results obtained from the use of the Service at your own risk;
15.3. You assume sole responsibility for any and all representations, warranties, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms of Service; and
15.4. Website owner will not be responsible for any interruptions, delays, failures or non-availability affecting the Service or the performance of the Service which are caused by third party services or errors or bugs in software, hardware or the internet on which Website owner relies to provide the Service. You acknowledge that Website owner does not control such third party services and that such errors and bugs are inherent in the use of such software, hardware and the Internet.
16. Website owner’s Liability
16.1. Subject to clause 16.2, Website owner will not be liable for any losses (whether direct or indirect) that result from Website ownerís failure to comply with these Terms of Service, tort (including negligence) or otherwise.
17. Written Communication
17.1. As applicable laws may require that information or communications Website owner sends to you are in writing, you accept that any and all communication with Website owner when using the Service, is mainly electronic. Website owner will whenever possible contact you by e-mail or provide you with information by posting notices on the Service. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Website owner provides to you electronically comply with any legal requirement that such communications be in writing and that your acceptance in the form of use constitutes any and all such signatures as are necessary.
18. Notice
18.1. All notices given by you to Website owner must be given to CONTACT US. Website owner may give notice to you by e-mail or the postal address you provide to Website owner, or any other way Website owner deems appropriate. Notice will be deemed received and properly served immediately when posted on the Service or 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. You are solely responsible for being able to receive mailing on the listed addresses.
19. Transfer of Rights and Obligations
19.1. It is not allowed for you to transfer, assign, charge or otherwise deal in these Terms of Service, or any of your rights or obligations arising under these Terms of Service, without Website owner’s prior written consent.
20. Events outside website owner’s control.
20.1. No party shall be liable to the other for delay or non-performance of its obligations under these Terms of Service arising from any cause beyond its reasonable control including, but not limited to telecommunications failure, internet failure, acts of God, governmental acts, war, fire, flood, explosion, civil commotion or any other force majeure event.
21. Severability
21.1. If any provision of these Terms of Service is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
22. Waiver
22.1. A party’s failure to exercise or a delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
23. Change in Terms of Service
23.1. Website owner has at its sole discretion, the right to amend and perform revision of these Terms of Service from time to time, in order for the Terms of Service to reflect any and all changes in the Service or market conditions which may affect Website owner’s business.
23.2. You will be subject to the Terms of Service in force at any time that you make use of the Service, or if Website owner notifies you of changes to these Terms of Service and you continue to use the Service you will be subject to those changes.
23.3. Website owner will use reasonable endeavors to notify you of any material changes to these Terms of Service by email or by the placement of a notice on the Service and any such notification shall constitute an agreed change to the Terms of Service.
24. Law and Jurisdiction
24.1. These Terms of Service shall be governed by and construed in accordance with United States law and the parties submit all their disputes arising out of or in connection with these Terns of Service to the exclusive jurisdiction of Indianapolis, Indiana, USA.