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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER PROMOTIONS UNLIMITED WEB SITE. By using this Web site or any other Web site owned, operated, licensed, or controlled by Brokerforyou/Promotions Unlimited/Bob Schwartz ("Promotions Unlimited Web site"), you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site or any other Brokerforyou/Promotions Unlimited/Bob Schwartz Web site following the posting of changes to these terms will mean you accept those changes. The information provided on this site is not intended to be advice, but merely conveys general information related to legal issues commonly encountered. The purpose of this Site is to give the visitor a general understanding of the subject at hand; not to provide specific advice. Your access to and use of this website is subject to additional terms and conditions. All information on this World-Wide Web site (together with the underlying source HTML files that implement the hypertext features, this "Site") may be used solely under the following terms and conditions: RESTRICTIONS ON USE OF MATERIALS: Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Web site or any other Promotions Unlimited Web site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Promotions Unlimited. 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In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission from this Ste. Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)1)(ii) and FAR 52.227-19. Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein is strictly forbidden. Modification of the materials or use of the materials for any other purpose is a violation of Promotions Unlimited's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Promotions Unlimited. You may provide links to this Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site, (b) you give notice of such link by sending an e-mail to publisher@ websitetrafficbuilders.com site, and (c) you discontinue providing links to this Site if notified. Export. The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Promotions Unlimited to either a foreign national or a foreign destination in violation of such laws. Usage by Children Under 18. Promotions Unlimited cannot prohibit minors from visiting this site. Promotions Unlimited must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. FORUMS AND PUBLIC COMMUNICATION. "Forum" means a discussion group, chat area, bulletin board, news groups, letters to the editors, webmaster(s) or employees, or e-mail function offered as part of this Web site or any other Promotions Unlimited Web site. You shall not upload to, distribute through, or otherwise publish through a Forum on this Web site or any other Promotions Unlimited Web site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of this Web site or any other Promotions Unlimited Web site to join or become members of any commercial online or offline service or other organization is expressly prohibited. It is our policy to respect the privacy of all guests. Therefore, subject to the terms of the Promotions Unlimited privacy statement, in general, we will not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of this Web site or any other Promotions Unlimited Web site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Promotions Unlimited; (2) protect and defend the legitimate business interests, rights or property of Promotions Unlimited, it's users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. NOT LEGAL/REAL ESTATE ADVICE OR LEGAL OR REAL ESTATE REPRESENTATION: Brokerforyou/Promotions Unlimited/Bob Schwartz offer no legal or real estate advice, recommendations, mediation or counseling under any circumstance. This site is not a real estate Referral Service, but merely assists you in narrowing your choices in selecting your real estate representive. 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A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "COVERED PARTY" MEANS THIS SITE, ITS AFFILIATES, ITS LISTEES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF THIS SITE, ITS AFFILIATES, AND ITS LISTEES. REAL ESTATE BROKER REFERRAL Brokerforyou/Promotions Unlimited/Bob Schwartz does not warrant the validity of the information, nor does it guarantee the quality of the work product. The determination of the need for real estate services and the choice of a real estate are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Promotions Unlimited does not review the contents of the listings which are provided by the listees or any links to Promotions Unlimited; Promotions Unlimited is not responsible for any material or information contained in the linked sites or provided by listees. A description or indication of limitation of practice by a broker/agent does not mean that any agency or board has certified such broker/agent as a specialist or expert in any indicated field of real estate practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any broker/agent being considered. All real estate brokers/agents are referred based on their information published by the Council of Residential Specialists. All prospective real estate clients are strongly advised to verify the active California real estate license status and CRS status of any referred real estate broker/agent. In addition, one should inquire and verify the experience and expertise of any broker/agent prior to selecting them to represent their interests. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of California and jurisdiction therefore shall rest solely in California, USA. Consents and Waivers: The failure of Brokerforyou/Promotions Unlimited/Bob Schwartz at any time to require, insist upon or enforce performance of any provision hereof shall not be construed as a waiver or affect its right at a later time to enforce the same. No waiver by a Party of any condition or any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver of any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty. Indemnification: You agree to indemnify, defend and hold harmless Brokerforyou/Promotions Unlimited/Bob Schwartz, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from Your use of this Site. Force Majeure: Brokerforyou/Promotions Unlimited/Bob Schwartz shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the Internet access service being used by Brokerforyou/Promotions Unlimited/Bob Schwartz to link its servers to the Internet. Modification: Brokerforyou/Promotions Unlimited/Bob Schwartz reserves the right to change the terms, conditions, policies and guidelines for the Site, including this Agreement. You are responsible for regularly reviewing these terms, conditions, policies and guidelines, and any additional terms posted on the Site. Your continued use of the Promotions Unlimited Sites and Services constitutes your agreement to all such terms, conditions, policies and guidelines. Any changes may be posted without notice, and will become effective when posted on the Site. This Site and these Terms and Conditions may be changed with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change. Notices: All notices required under this Agreement shall be in writing and shall be made either by conventional mail, overnight courier, or other commercial delivery services. Brokerforyou/Promotions Unlimited/Bob Schwartz may also broadcast notices or messages through the Site to inform you of changes to this Agreement, a Service, or other matters. These broadcasts also constitute notice to you. All notices to Promotions Unlimited must be made in writing to Brokerforyou/Promotions Unlimited/Bob Schwartz or delivered to: Promotions Unlimited San Diego, CA 92120 Brokerforyou/Promotions Unlimited/Bob Schwartz contains links to third-party Websites. These links are provided solely as a convenience to you and do not constitute endorsement or approval by Promotions Unlimited of the content on such third-party Websites. Promotions Unlimited is not responsible for the content of linked third-party sites, which could be considered offensive by certain readers. Brokerforyou/Promotions Unlimited/Bob Schwartz does not make any representations regarding the content or accuracy of materials on such third-party Websites. If You decide to access linked third-party Websites, You do so at Your own risk. Your use of third-party Websites may also be subject to the terms and conditions of use of such sites. The use of a hyperlink is not an endorsement of a company, product, or opinion. The use of the hyperlink does not imply that Promotions Unlimited agrees with the content being linked to and We do not guarantee that the content contains accurate information. Promotions Unlimited has no obligation to link to any site. Intellectual Property (Trade marks and Copyrights): Unless otherwise indicated, Brokerforyou/Promotions Unlimited/Bob Schwartz owns all copyrights in the materials on this Site. You may print and download portions of materials from the different areas of this Site solely for your own noncommercial use. Any redistribution, resale, retransmission, or publication of the copyrighted material posted at this Site is strictly prohibited without the express written consent of Promotions Unlimited. You agree not to change or delete any proprietary notices including copyright and trademark symbols or other notices from materials downloaded from Brokerforyou/Promotions Unlimited/Bob Schwartz. Brokerforyou/Promotions Unlimited/Bob Schwartz, the distinctive look and feel, GIF, JPEG, graphic and icon designs on this Site are trade names, trademarks and/or service marks of Promotions Unlimited and are protected by state, federal, and international law. Any other marks used on this Site are the property of their respective owners. Nothing in this Agreement shall be construed as conferring on any third party, by implication, estoppels, or otherwise, a license or right under any copyright, patent, or trademark owned by Promotions Unlimited. Third-party Websites may use the Promotions Unlimited logo if they first notify Promotions Unlimited and agree to use the logo or mark in conformance with Promotions Unlimited's Linking Agreement. These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE. Materials available in this web site are protected by copyright law. Copyright © 2006 Promotions Unlimited. All rights reserved. |
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