Copyright © 2008 Suncastle Enterprises, Inc. All rights reserved.
Restricted Rights Legend
Use, duplication, or disclosure by the United States
Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii)
or FAR 52.227-19, as applicable.
Trademarks
The Suncastle
logos are trademarks of Suncastle Enterprises, Inc. which may be
registered in certain jurisdictions. Other trademarks shown are trademarks of their
respective owners.
Please see the Disclaimer
and Limitation of Liability.
Terms of Service
1. ACCEPTANCE OF
TERMS
SUNCASTLE provides its service to you subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. You should
review these TOS from time to time to keep yourself informed of any amendments
or additions. In addition, when using particular SUNCASTLE services, you
and SUNCASTLE shall be subject to any posted guidelines or rules applicable
to such services which may be posted on this web site from time to time. All
such guidelines or rules are hereby incorporated by reference into the TOS. By
accessing and using this Web site you are deemed to have read, understood and
agreed with the terms and conditions as set out herein.
2. DESCRIPTION
OF SERVICE
SUNCASTLE will provide users with access to online services to help enrich
the process of relocating which includes, but is not limited to, home buying and selling services, moving, home financing, insurance and travel. The Services
accessed through this Web site are available only in those provinces,
territories, and states in the United States of America, Canada and other parts of the World where they
may be legally offered by SUNCASTLE. SUNCASTLE does not offer these
Services where they conflict with any state, local or federal law.
Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, shall be subject to these
TOS. By using this
Service, you acknowledge that you understand and agree that the Service is
provided "AS IS" and that SUNCASTLE assumes no responsibility for
the timeliness, deletion, misdelivery, or failure to provide the Services.
If, in order to use the Service, you must
obtain access to the World Wide Web, then you must pay any service fees
associated with such access. In addition, you must provide all equipment
necessary to make such connection to the World Wide Web, including a computer
and modem, if necessary.
4. MEMBER
ACCOUNT, PASSWORD AND SECURITY
If you receive a password and account designation upon completing any registration
forms, you are responsible for maintaining its confidentiality and fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify SUNCASTLE of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. SUNCASTLE cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section 4.
5. VISITOR CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person or organization from which such Content originated. This means
that you, and not SUNCASTLE, are entirely responsible for all Content and
Services that you upload, post, email, or otherwise transmit via the Service.
You understand that by using the Service, you may be exposed to Content and
Services that may be offensive, indecent, or objectionable. Under no
circumstances will SUNCASTLE be liable in any way for Content. This
includes, but is not limited to any errors or omissions in any Content and any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, or otherwise transmitted via the Service.
You agree to not use the Service to
 |
| a. |
Upload, post, email or otherwise
transmit any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically, or otherwise
objectionable;
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| b. |
Harm minors in any way;
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| c. |
Impersonate any person or entity,
including, but not limited to, a SUNCASTLE official, forum
leader, guide or host, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
|
| d. |
Forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service;
|
| e. |
Upload, post, email, or otherwise
transmit any Content that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (such as
inside information, or proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements);
|
| f. |
Upload, post, email, or otherwise
transmit any Content that infringes any patent, trademark, trade
secret, copyright, or other proprietary rights ("Rights") of
any party;
|
| g. |
Upload, post, email, or otherwise
transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are designated for such
purpose;
|
| h. |
Upload, post, email, or otherwise
transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy, or
limit the functionality of any computer software or hardware or
telecommunications equipment;
|
| i. |
Disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other users
of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges;
|
| j. |
Interfere with or disrupt the
Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies, or regulations of networks
connected to the Service;
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| k. |
Intentionally or unintentionally
violate any applicable local, state, national, or international law
including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, and any rules of any national or
other securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
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| l. |
"Stalk" or otherwise
harass another; or
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| m. |
Collect or store personal data
about other users.
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You acknowledge that SUNCASTLE does
not pre-screen Content, but that SUNCASTLE and its designees shall have the
right (but not the obligation) in their sole discretion to refuse, remove, or
move any Content that is available via the Service. Without limiting the
foregoing, SUNCASTLE and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree that you
must evaluate and bear all risks associated with the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such
Content.
You understand that the technical
processing and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
6. SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
7. INDEMNITY
You agree to indemnify and hold SUNCASTLE, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you submit, post
to, or transmit through the Service, out of your use of the Service, out of your
connection to the Service, out of your violation of the TOS, or out of your
violation of any rights of another.
8. NO RESALE OF
SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or
exploit for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
9.
MODIFICATIONS TO SERVICE
SUNCASTLE reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that SUNCASTLE shall not be
liable to you or to any third party for any modification, suspension, or
discontinuance of the Service.
10. TERMINATION
You agree that SUNCASTLE, in its sole discretion, may
terminate your password, account (or any part thereof), or use of the Service,
and may remove and discard any Content within the Service, for any reason
including, without limitation, for lack of use or if SUNCASTLE believes
that you have violated or acted inconsistently with the letter or spirit of the
TOS. SUNCASTLE may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and you acknowledge and agree that SUNCASTLE
may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or the
Service. Further, you agree that SUNCASTLE shall not be liable to you or to
any third-party for any termination of your access to the Service.
11. DEALINGS
WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties, or representations associated with such dealings, are solely between
you and such advertisers. You agree that SUNCASTLE shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
12. LINKS
The Service or third parties may provide links to other
Internet, World Wide Web or Wireless sites or resources. Because SUNCASTLE
has no control over such sites and resources, you acknowledge and agree that SUNCASTLE
is not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that SUNCASTLE shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
13. SUNCASTLE'S
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by SUNCASTLE or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute, or create derivative works based on the Service
or the Software, in whole or in part. SUNCASTLE grants you a personal,
non-transferable, and non-exclusive right and license to use the object code of
its Software on a single computer and or wireless device; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble, or otherwise attempt to discover any
source code and provided that you do not (and do not allow any third party to)
sell, assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any unauthorized
manner or form or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface
that is authorized by or provided by SUNCASTLE for use in accessing the
Service.
14. FEE
INFORMATION
Any and all incentives resulting or arising out of the use of
this Service are only payable upon the completion of a transaction contemplated
by the referral and completion of all obligations to all parties by the referral
agent. In the event the agent does not honor all legal obligations to SUNCASTLE,
then the resulting incentive payment to you as a consumer will not be paid. In
the event costs are incurred with respect to the completion of any outstanding
monetary obligation on the part of the referral agent, then the resulting
incentive payment to you, as the consumer, will be paid net of any such incurred
costs.
15. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR
SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. SUNCASTLE EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
|
| b. |
SUNCASTLE
MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, HOMES, REAL ESTATE OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
|
| c. |
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL.
|
| d. |
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM SUNCASTLE OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
|
16. LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUNCASTLE SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUNCASTLE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS
AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15
AND 16 MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
19. TRADEMARK
INFORMATION
SUNCASTLE, the SUNCASTLE logo, trademarks and service
marks, icons, and other SUNCASTLE logos and product and service names are
service marks of SUNCASTLE, ENTERPRISES, INC. (the "SUNCASTLE Marks").
Without SUNCASTLE's prior permission, you agree not to display or use in
any manner the SUNCASTLE Marks.
20. GENERAL
INFORMATION
The TOS constitute the entire agreement between you and SUNCASTLE and
govern your use of the Service, superceding any prior agreements between you and
SUNCASTLE. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content, or third-party
software. The TOS and the relationship between you and SUNCASTLE shall be
governed by the laws of the State of Arizona without regard to its conflict
of law provisions. You and SUNCASTLE agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Pima, Arizona. The failure of
SUNCASTLE to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for
convenience only and have no legal or contractual effect.
