Intellectual Property; Trademarks; Copyrights
” DearMonty.com ” and certain other names or logos are trademarks of DEARMONTY, LLC, and all related product and service names, design marks and slogans are trademarks or service marks of DEARMONTY, LLC. The “look and feel” of the Site (including color combinations, text, images, logos, button shapes, layout, design compilation and presentation of information and all other graphical elements) are also DEARMONTY, LLC’s trademarks and/or copyrights. All other product and service marks contained herein are trademarks of their respective owners.
All editorial content and graphics on the Site, as well as the HTML based computer programs used to generate pages and the Site, are protected by U.S. copyright laws and international treaties and may not be copied, displayed or distributed, or modified or altered, without the express permission of DEARMONTY, LLC, which reserves all rights. Re-use of any of DEARMONTY, LLC’s editorial content and graphics for any purpose (including but not limited to use on any other Internet web site) are strictly prohibited without DEARMONTY, LLC’s prior written permission. Please direct any requests for permission to DEARMONTY, LLC at the following e-mail address: monty@DEARMONTY, LLC
The Site may contain hyperlinks or other connections to Web sites operated by parties other than DEARMONTY, LLC, including but not limited to those of companies and agencies and advertisers (individually or collectively, as the case may be). DEARMONTY, LLC does not control these Web sites and is not responsible for them, including without limitation their availability, content, privacy or use policies or any viruses or “cookies” obtained through them. DEARMONTY, LLC’s inclusion of hyperlinks or other connections to such Web sites does not imply any endorsement of the material on them or any association with their owners or operators. DEARMONTY, LLC makes no representations or warranties with regard to such Web sites, the content therein or otherwise. If you access linked third-party Web sites, you do so at your own risk.
Your Use; Limited License
The DEARMONTY, LLC Site is for your personal and non-commercial use only. Except as otherwise expressly provided herein, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the Site or contained in products or services obtained from or available as part of or in conjunction with the Site. You are granted a non-exclusive, non-assignable and non-transferable license to use the Site only under these Terms.
This license is not a sale of any of the owner’s rights. The DEARMONTY, LLC Site may be used only by you, and you may not rent, lease, lend, sub-license or transfer the Site or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or any other form that incorporates or uses any part of the Site. You may not transfer or store any data residing or exchanged over the Site in any electronic network for use by more than one user unless you obtain prior written permission from DEARMONTY, LLC.
Registration and Password
If, and when, you provide information and a password, you are responsible for maintaining the confidentiality of that information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify DEARMONTY, LLC of any unauthorized use of your registration or password.
The DEARMONTY, LLC Site may be used only for lawful purposes by individuals seeking real estate information. As one of the conditions of your use of the Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of the Site complies with these Terms and to seek prior written permission for any uses not expressly permitted herein.
In connection with your use of the Site, you agree that you will not:
- Transmit any message, information, data, text, software or images, or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, racially, ethnically or otherwise objectionable or that may invade another’s right of privacy or publicity or other personal rights;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships;
- Post or transmit any Content that contains a virus or corrupted data;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users including without limitation excessive shouting, use of all caps, flooding or continuous posting of repetitive text;
- Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-employment profile information such as opinions or notices, commercial or otherwise;
- Violate any applicable local, state, national or international law;
- Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Post to the Site any franchise, pyramid scheme, “club membership,” distributorship, multi-level marketing or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), or requires recruitment of other members, sub-distributors or sub-agents;
- Delete or revise any material posted by another person or entity;
- Use any device, software or routine to interfere or attempts to interfere with the proper working of the Site or any activity being conducted on the Site
- Take any action which imposes an unreasonable or disproportionately large load or burden on the Site;
- If you have a password allowing access to a non-public area of the Site, to disclose to or share your password with any third parties or use your password for any unauthorized use;
- Notwithstanding anything to the contrary contained herein, to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engine and search agents available on the Site or generally available third party web browsers (e.g., Safari, Firefox, Chrome, Microsoft Explorer); and
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
Users are prohibited from violating or attempting to violate the security of DEARMONTY, LLC, including, without limitation, (i) accessing data not intended for such user, (ii) logging into a server or account which such user is not authorized to access, (iii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “mailbombing” or “crashing,” (v) sending unsolicited e-mail, including promotions or advertising of products or services, or (vi) forging any TCP/IP packet header or any part of the header information in any e-mail or new group posting.
Violations of Site or network security may result in civil or criminal liability. DEARMONTY, LLC will investigate occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Grant of License
By submitting (e.g. uploading) Content to the Site, you automatically grant DEARMONTY, LLC the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify (to comport with the Site), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Content (in whole or in part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called “moral rights” in the Content have been waived. DEARMONTY, LLC and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Site. Without limiting the foregoing, DEARMONTY, LLC and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable.
DEARMONTY, LLC is a conduit for the online distribution of real estate related information, and DEARMONTY, LLC is not responsible for screening or otherwise monitoring content submitted by users, whether in advance or after posting. If notified by a user of communications which allegedly do not conform to these Terms, DEARMONTY, LLC may investigate the allegation and determine in its sole discretion whether to remove or request removal of the communication. DEARMONTY, LLC has no liability or responsibility to users for performance or non-performance of such activities. DEARMONTY, LLC is under no obligation to monitor the information residing on or transmitted via the Site. However, you agree that DEARMONTY, LLC may monitor the Site to (1) comply with any applicable laws, regulations or other government requests; (2) to operate the Site properly or to protect itself and its users; and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time. DEARMONTY, LLC reserves the right to modify, reject or eliminate any information residing on or transmitted to the Site or expel or prevent further access by a user that DEARMONTY, LLC, in its sole discretion, believes is unacceptable or in violation of these Terms. DEARMONTY, LLC may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for DEARMONTY, LLC or may cause DEARMONTY, LLC to lose (in whole or in part) the services of its Internet Service Providers or other suppliers.
The Company’s Liability
DEARMONTY, LLC is only a venue. The Site acts as a venue for individuals seeking real estate advice and referral assistance, and DEARMONTY, LLC is not responsible for the services offered by real estate agents identified for delivery of real estate services. The information, software, products and services published on the Site may include inaccuracies, typographical errors or out-of-date information. As a result, you acknowledge that there are risks, including but not limited to the risk of physical harm, of dealing with other users of the site including strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated in dealing with other users of the Site.
Because user authentication on the Internet is difficult, DEARMONTY, LLC cannot and does not confirm that each user is who they claim to be. Because we cannot be involved in user-to-user dealings or control the behavior of participants on DEARMONTY, LLC, in the event that you have a dispute with one or more users, you release DEARMONTY, LLC (and our officers, directors, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available by them through the Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Site.
DEARMONTY, LLC is not to be considered an employer with respect to your use of the Site and DEARMONTY, LLC shall not be responsible for any employment decisions, for whatever reason made, made by any entity referred to individuals utilizing the Site.
Disclaimer of Warranties
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY. THIS SITE AND THE INFORMATION PROVIDED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY DEARMONTY, LLC, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL MODIFY THE FOREGOING OR CREATE ANY WARRANTY. DEARMONTY, LLC EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE INFORMATION ON THIS SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTIBLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US AS THE SITE PROVIDER FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR SYSTEM. WE MAKE NO WARRANTIES WHATSOEVER THAT ANY CONTENT OR OTHER INFORMATION UPLOADED OR POSTED BY YOU TO THE SITE WILL NOT BE VIEWED BY UNAUTHORIZED INDIVIDUALS OR COMPANIES.
Limitations of Liability
DEARMONTY, LLC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, TEST, SOFTWARE OR PROCESS USED OR DISCLOSED IN THE SITE OR ANY OTHER MATERIAL ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL DEARMONTY, LLC BE LIABLE FOR, AND YOU HEREBY RELEASE DEARMONTY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LOSSES OR DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL) ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF THE SITE, USE OF ANY CONTENT POSTED TO THE SITE, USE OF ANY TEST RESULTS, THE DELAY OR INABILITY TO USE THE SITE (OR ANY LINKED SITES), ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF DEARMONTY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN DEARMONTY, LLC’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00.
You agree to defend, indemnify and hold harmless DEARMONTY, LLC, its officers, directors, employees and agents, from and against any and all claims, actions, or demands, including without limitation reasonable legal and accounting fees and costs, arising out of or resulting from your use of the Site, your posting or uploading of any Content, your violation of any rights of another, your breach of these Terms or your breach of any representation or warranty contained herein.
You agree that no joint venture, partnership, employment or agency relationship exists between you and DEARMONTY, LLC (or any of DEARMONTY, LLC’s Reader’s) as a result of these Terms or your use of the Site.
Certain Legal Requirements.
DEARMONTY, LLC’s performance of these Terms is subject to existing laws and legal process, and nothing contained herein will diminish DEARMONTY, LLC’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DEARMONTY, LLC with respect to such use.
These Terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding DEARMONTY, LLC, its Site or the information thereon. A printed version of these Terms shall be admissible in any judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination by DEARMONTY, LLC; Modification.
DEARMONTY, LLC shall have the right to terminate your ability to access the Site at any time without notice and to discontinue or modify any of the information contained on the Site at any time. DEARMONTY, LLC shall have the right to modify these Terms at any time.
You may not assign any part of this Agreement without DEARMONTY, LLC’s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing and executed by the party against whom it is being enforced.
Jurisdiction; Enforcement; Interpretation.
These Terms shall be governed by the internal laws of the State of Wisconsin without regard to its choice of law provisions. The parties irrevocably consent to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Green Bay, Wisconsin U.S.A. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. Notwithstanding the foregoing sentence, these Terms shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by a competent court. Given the nature of these Terms, you understand and agree that, in addition to money damages, DEARMONTY, LLC will be entitled to equitable relief upon a breach of these Terms by you.