Above All Real Estate Services Web Site Terms and Conditions
As of December 15, 2011
This web site ("Site") and the products and services of Above All Real Estate Services ("AARES") available via this Site (collectively with the Site, the "AARES Products") are provided subject to the terms set forth herein. By using any aspect of the Site, you agree to be bound by these Terms of Service.
AARES may make changes at any time to the AARES Products or these Terms of Service. Any modifications to these Terms of Service will be effective upon posting. You should periodically re-check these Terms of Service to apprise yourself of any modification, revision or update. Your continued use of the AARES Products following posting of any revised Terms of Service will constitute acceptance of the modified Terms of Service.
Use of the AARES Products
You may use the Site as a resource for information about AARES and the AARES Products and Services. You may download, view, copy and print information, documents and other materials on or from the Site: (a) solely for personal, informational, and non-commercial purposes; and (b) provided that neither the materials, nor any proprietary notices therein, are modified or altered. You are solely responsible for any actions you take in connection with your use of the AARES Products or Services and for all data, information or other material ("Data") you share via the Site.
You may not reproduce, transmit, disseminate, sell, broadcast, circulate, republish, duplicate, modify, upload, post, re-deliver using "framing" technology, or otherwise distribute or commercially exploit in any way the Site or any portion of the content of the Site, without the prior written consent of AARES. You may not link to this Site without the permission of AARESE. You agree not to store, upload or transmit on, to or via the Site any Data which: (a) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (b) is defamatory, libelous, or unlawfully threatening; (c) is known by you to be false; or (d) otherwise violates any applicable treaty, law or regulation. You agree you will not upload or transmit on, to or via the Site any Data containing a virus, worm, Trojan Horse or any other contaminating or destructive feature. You agree you will not interfere, in any way, with others' use of or access to the AARES Products or Services and will not attempt to gain unauthorized access to the account, computer system or Data of any other AARES Products user.
In addition to the foregoing, you are prohibited from: (a) doing any act which you have reason to know may disrupt the functionality of the Site; (b) translating, decompiling, reverse engineering or otherwise attempting to gain access to the source code of any software contained on the Site (the "Software"); or (c) using the Site in any manner which would violate any local, state, national or international law. Without limiting the foregoing, some of the Software may be subject to export controls imposed by the U.S. and may not be downloaded or otherwise exported or reexported: (x) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (y) to everyone on the U.S. Treasury Department's Specially Designated Nationals list; or (z) the U.S. Commerce Department's Table of Denial Orders. If you use the Software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.
Not all components of the AARES Products or Services are available to all persons. You may not be eligible for all the AARES Products or Services and AARES reserves the right to determine your eligibility for any AARES Product or Service.
Unauthorized Use of the AARES Products
AARES reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the AARES Products or Services, including, without limitation, interference with the Site, any action that imposes an unreasonable load on the Site, or any link to any page of the Site other than the home page. AARES's decision not to pursue legal action for any violation of the Terms of Service shall not be construed as a waiver of the Terms of Service or AARES's legal rights.
Proprietary Rights
Nothing in these Terms of Service shall be deemed to grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of AARES. All content on this Site, including design, text, graphics, logos, button icons, images, software and video or audio clips; any improvements or modifications to such content; and any derivative works based on the foregoing are proprietary to AARES or its licensors and are protected by copyright and other intellectual property laws. The collection, arrangement and assembly of the content on the Site are the exclusive property of AARES and are likewise protected by copyright and other intellectual property laws.
Privacy
The terms of AARES's Privacy Disclosure are hereby incorporated as part of these Terms of Service.
Security and Confidentiality
AARES is committed to the security of our customers' account information. In our commitment to security, the Site supports and you are required to use versions of Netscape Navigator or Microsoft Internet Explorer browsers that use 128-bit encryption. Encryption is a means of scrambling information for electronic transmission: information is "encrypted" at one end of a transmission and is "decrypted" (in other words "decoded") upon receipt at the other end. 128-bit encryption is currently the most secure available form of encryption. While AARES requires that its customers use 128-bit encryption when conducting financial transactions on the Site, AARES cannot guarantee complete security of information disclosed over the Internet.
E-mail transmissions generally are not secure. AARES may request that you do not send AARES or ask for sensitive information such as account numbers, passwords, financial information, etc. via any e-mail system. Please contact AARES by telephone or in person for these matters.
Third Party Advertisements and Links
AARES Site users acknowledge that AARES provides links to third party sites. AARES is not responsible for the contents of such links or sites, any products, services, privacy policies or other materials relating to or accessed via such links or sites. The display of any link does not imply endorsement by AARES of the linked site or any content found thereon. IN NO EVENT WILL AARES BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.
Children
This Site does not intend to market any AARES products or services to children. AARES does not knowingly gather or solicit data from children through this Site, and by using this Site you represent that you are not under 13 years of age.
Promotional Mailings and Newsletters
You agree to receive occasional promotional mailings and e-mail newsletters from AARES.
Modification or Discontinuance of the AARES Products or Serivces by AARES
At any time, without notice to you, and for any or no reason, AARES may modify or discontinue all or any part of the AARES Products or Services. AARES shall in no way be held liable for any consequence which results from AARES's decision to modify or discontinue providing all or any part of the AARES Products or Services.
Disclaimer of Warranties
WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION. NOTWITHSTANDING THE FOREGOING, THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS SITE (INCLUDING, BUT NOT LIMITED TO, TEXT, GRAPHICS, VIDEO AND AUDIO CLIPS AND LINKS) ARE PROVIDED BY AARES "AS IS." AARES MAKES NO, AND DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS REFERENCED ON OR LINKED FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR WARRANTIES THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AARES RECOMMENDS THAT YOU ROUTINELY SCAN YOUR COMPUTER EQUIPMENT FOR VIRUSES. IN ADDITION, ALTHOUGH AARES BELIEVES ALL INFORMATION ACCESSIBLE ON OR VIA THE SITE TO BE ACCURATE AS OF THE TIME OF ITS PUBLICATION, AARES CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT, AND AARES IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH BELOW, SO THE EXCLUSION AND LIMITATION SET FORTH HEREIN MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Disclaimer Related to Third Parties
BY USING THE AARES PRODUCTS OR SERVICES, YOU MAY BE PERMITTED TO ACCESS PRODUCTS AND SERVICES WHICH ARE PROVIDED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, FINANCIAL ADVISORS, INSURANCE AGENTS, ATTORNEYS, CONSULTANTS, COMPUTER EQUIPMENT COMPANIES AND CAR RENTAL COMPANIES (EACH, A "THIRD PARTY PROVIDER"). YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL AARES, ITS AFFILIATES, OR ANY THIRD PARTY PROVIDER CONTACTED VIA THE SITE BE RESPONSIBLE FOR (A) ANY INFORMATION CONTAINED ON OR OMITTED FROM THE SITE, (B) ANY PERSON'S RELIANCE ON ANY SUCH INFORMATION, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE, (C) THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE, WHETHER OR NOT BASED ON INFORMATION PROVIDED BY OR AS A RESULT OF THE USE OF THE SITE. AARES AND ITS AFFILIATES ALSO HAVE NO RESPONSIBILITY FOR (X) ANY PERSON'S SATISFACTION WITH ANY THIRD PARTY PROVIDER, WHETHER RELATING TO THE THIRD PARTY PROVIDER'S COMPETENCE, DILIGENCE, OR OTHERWISE, (Y) THE RESULTS OF ANY ADVICE GIVEN BY, REPRESENTATION FROM OR PRODUCTS OF ANY THIRD PARTY PROVIDER, OR (Z) THE FAILURE OR REFUSAL OF ANY THIRD PARTY PROVIDER TO RESPOND TO OR CONSULT WITH YOU.
Limitation of Liability
IN NO EVENT SHALL AARES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE AARES PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF AARES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IS NEGLIGENT, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
Indemnification
You agree to indemnify and hold harmless AARES, its subsidiaries, affiliates, officers, agents, and representatives, and its and their officers and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) arising from or in connection with your use of the AARES Products and Services; your violation of these Terms of Service; or your violation of any rights of any third party.
Governing Law
The laws of the State of California will govern these Terms of Service, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms of Service or your use of the AARES Products and Services shall be brought in state or federal court in San Diego, Califorina and you consent to the jurisdiction of such courts.
Miscellaneous
You may not assign or otherwise transfer these Terms of Service or any rights or obligations hereunder. AARES's failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless AARES agrees to such waiver in writing.
If any part of these Terms of Service is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms of Service set forth the entire understanding between you and AARES with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and AARES with respect to such subject matter.
Contact
If you have any questions relating to these Terms of Service, the AARES Products and Services or AARES in general, please contact AARES at (760) 931-4782.
