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WHAT YOU SHOULD KNOW Welcome to the
ace4homes.com web site (the "Web Site"). The goal of this
Web Site is to provide you with access to the most
comprehensive network of residential real estate
products/services and related links to meet your needs (the
"Content"). Please read our Terms of Use (the "Terms")
carefully before continuing on with your use of this Web Site.
These Terms shall govern the use of the Web Site and apply to
all Internet traffic visiting the Web Site. By accessing or
using this Web Site, you agree to the Terms. The Terms are
meant to protect all of our Web Site visitors and your use of
this Web Site signifies your agreement with these Terms. IF
YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.
ACE Realty ("ACE", "We", "Us",
"Our") reserves the right, in its sole discretion, to modify,
alter or otherwise update these Terms at any time. Such
modifications shall be effective immediately upon posting. By
using this Web Site after we have posted notice of such
modifications, alterations or updates you agree to be bound by
such revised Terms.
In accordance with our goals, this Web Site will permit you
to link to many other web sites, that may or may not be
affiliated with this Web Site and/or ACE, and that may have
terms of use that differ from, or contain terms in addition
to, the terms specified here. Your access to such web sites
through links provided on this Web Site is governed by the
terms of use and policies of those sites, not this Web Site.
PRIVACY
Registration data and certain other information about you
is subject to our Privacy Policy. For more information, please
review our full Privacy Policy which can be found on
ace4homes.com.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by ACE, 3844
Division Street, Palmdale, California 93550, telephone
661-295-6513. All
content on this Web Site, including, but not limited to text,
images, illustrations, audio clips, and video clips, is
protected by copyrights, trademarks, service marks, and/or
other intellectual property rights (which are governed by U.S.
and worldwide copyright laws and treaty provisions, privacy
and publicity laws, and communication regulations and
statutes), and are owned and controlled by ACE or its
affiliates, or by third party content providers, merchants,
sponsors and licensors (collectively "Providers") that have
licensed their content or the right to market their products
and/or services to ACE. Content on this Web Site or any web
site owned, operated, licensed or controlled by the Providers
is solely for your personal, non-commercial use. You may print
a copy of the Content and/or information contained herein for
your personal, non-commercial use only, but you may not copy,
reproduce, republish, upload, post, transmit, distribute,
and/or exploit the Content or information in any way
(including by e-mail or other electronic means) for commercial
use without the prior written consent of ACE or the
Providers. You may request consent by faxing a request to
ACE Realty Legal Department at 661-295-9945. Without
the prior written consent of ACE or the Providers, your
modification of the Content, use of the Content on any other
web site or networked computer environment, or use of the
Content for any purpose other than personal, non-commercial
use, violates the rights of the owners of the
ace4homes.com and/or the Provider copyrights, trademarks
or service marks and other proprietary rights, and is
prohibited. As a condition to your use of this Web Site, you
warrant to ACE that you will not use our Web Site for any
purpose that is unlawful or prohibited by these Terms,
including without limitation the posting or transmitting any
threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material. If you
violate any of these Terms, your permission to use our Web
Site immediately terminates without the necessity of any
notice. ACE retains the right to deny access to anyone at
its discretion for any reason, including for violation of
these Terms. You may not use on your web site any trademarks,
service marks or copyrighted materials appearing on this Web
Site, including but not limited to any logos or characters,
without the express written consent of the owner of the mark
or copyright. You may not frame or otherwise incorporate into
another web site any of the Content or other materials on this
Web Site without prior written consent of ACE.
PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web
Site, and You agree not to use or permit others to use this
Web Site, for any of the following: (a) take any action that
imposes an unreasonable or disproportionately large load on
the Web Site's infrastructure, including but not limited to
"spam" or other such unsolicited mass e-mailing techniques;
(b) disclose to, or share with, the assigned confirmation
numbers and/or passwords with any unauthorized third parties
or using the assigned confirmation numbers and/or passwords
for any unauthorized purpose; (c) attempt to decipher,
decompile, disassemble or reverse engineer any of the software
or HTML code comprising or in any way making up a part of this
Web Site; (d) upload, post, emailing or otherwise transmitting
any information, Content, or proprietary rights that You do
not have a right to transmit under any law or under
contractual or fiduciary relationships; (e) violating any
applicable local, state, national or international law,
including, but not limited to, any regulations having the
force of law; and, (f) using any robot, spider, intelligent
agent, other automatic device, or manual process to search,
monitor or copy Our Web pages, or the Content without Our
prior written permission, provided that generally available
third party Web browser such as Netscape Navigator®
and Microsoft Internet Explorer®
may be used without such permission.
LINKS
This Web Site may contain links to other web sites ("Linked
Sites"). The Linked Sites are provided for your convenience
and information only and, as such, you access them at your own
risk. The content of any Linked Sites is not under ACE's
control, and ACE is not responsible for, and does not
endorse, such content, whether or not ACE is affiliated with
the owners of such Linked Sites. You may not establish a
hyperlink to this Web Site or provide any links that state or
imply any sponsorship or endorsement of your web site by ACE,
or its affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS
APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, ACE
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER
ACE, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS,
NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND
DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS
CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER
THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS
WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND
INFORMATION ONLY. ACE DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY,
ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE
AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB
SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR
SOLE RISK. YOU (AND NOT ACE) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU
EXPRESSLY AGREE THAT NEITHER ACE, NOR ITS AFFILIATED OR
RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY
INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS
WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY
WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL,
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM,
LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER
BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS
WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACE AND
RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR
LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR
THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR
OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT ACE IS NOT LIABLE OR RESPONSIBLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, ACE'S LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ACE and
the Providers, its and their officers, directors, employees,
affiliates, agents, licensors, and suppliers from and against
all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation by you of these
Terms
THIRD PARTY RIGHTS
These Terms are for the benefit of ACE and its Providers,
its and their officers, directors, employees, affiliates,
agents, licensors, and suppliers. Each of these individuals or
entities shall have the right to assert and enforce these
Terms directly against you on its or their own behalf.
JURISDICTIONAL ISSUES
Unless otherwise specified, the Content contained in this
Web Site is presented solely for your convenience and/or
information. This Web Site is controlled and operated by ACE
from its offices within Parsippany, NJ. ACE makes no
representation that Content in its Web Site is appropriate or
available for use in other locations. Those who choose to
access this Web Site from other locations do so on their own
initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable. You may not
use or export the materials in this Web Site in violation of
U.S. export laws and regulations. These Terms shall be
governed by, construed and enforced in accordance with the
laws of the State of California, as they are applied to
agreements entered into and to be performed entirely within
such State. Any action you, any third party or ACE brings to
enforce these Terms, or in connection with any matters related
to this Web Site, shall be brought only in either the state or
Federal courts located in and for Los Angeles County,
California
and you expressly consent to the jurisdiction of said courts.
If any provision of these Terms shall be unlawful, void or for
any reason unenforceable, then that provision shall be deemed
sever able from these Terms and shall not affect the validity
and enforceability of any remaining provisions.
ENTIRE AGREEMENT
The provisions and conditions of these Terms, and each
obligation referenced herein, represent the entire Agreement
between ACE, its affiliated or related entities, and you,
and supersede any prior agreements or understandings not
incorporated herein. In the event that any inconsistencies
exist between these Terms and any future published terms of
use or understanding, the last published Terms or terms of use
or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY
ACE Realty |