Effective Date: Jan 4, 2012
By using the AccessibleProperties.net website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.AccessibleProperties.net website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
The term “Web site” refers to AccessibleProperties.net. The terms "You" "visitor" and "user" refer to users of AccessibleProperties.net. "Members" refers to registered users of the web site. The terms "Seller(s)" "Agent(s)" and “Customer(s)” refers to Members who have listings, either paid or unpaid on AccessibleProperties.net or Advertisers who have paid announcements or listings on the web site. The term "Listing" refers to a single property for sale or rent, either paid or complimentary. The words “we,” “us,” and “our” refer to AccessibleProperties.net and IMAGE Management the owner and operator of this Web site.
AccessibleProperties.net Member accounts are free. You must be a Member and have an account in order to enter and/or purchase listings. Account holders must be over 18 and legally able to enter into a contract. By opening an account, you certify that you are over the age of 18 and that you are legally able to enter into a contract. You agree to safeguard your User name and Password and to not disclose or share your User name and Password with unauthorized third parties and acknowledge that you, as the password and user name holder, are directly responsible for the content of any listings placed or edited using your login information. You also agree to provide current and accurate information and to maintain that accuracy of information for the length of your membership.
You agree and acknowledge that your access to the the website and/or use of the Services are for listing properties with handicap access features for sale or rent or to find information related to the rental, purchase or potential purchase by you of a home, business, farm, apartment, rental or vacation destination listed on AccessibleProperties.net. XML and RSS feeds are available for use on your site from each page with a feed.
Listings that have NO ACCESS FEATURES will be deleted without notice or refund.
Use of E-mail System:
By using our e-mail system to contact AccessibleProperties.net Members, Users or Customers, you are agreeing to these Terms, including, without limitation, this Section. You agree to use the e-mail system only to contact Members, Users or Customers for purposes of asking questions related to the rental, booking, purchase or potential purchase by you of the home listed on AccessibleProperties.net. In no event may you contact a customer of AccessibleProperties.net using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind with such Customer. IF YOU VIOLATE THIS SECTION, YOU AGREE TO COMPENSATE BOTH AccessibleProperties.net AND the Member, User or Customer contacted FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $500 PER OCCURRENCE.
You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms. You also agree that we may terminate your account for no activity after a period of one year. Additionally, you acknowledge, agree and understand that we shall not be liable to you or any third party for any termination of your account, password, access to the service or the removal of your listings pursuant to this section.
You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.
Description of Service:
AccessibleProperties.net provides listings and access to online content and services relating to accessible real estate, rentals and vacation destinations.
Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
Additional services may be provided that are not specifically included in any plans. These are provided free of charge and may be discontinued at any time without notice.
From time to time, we may offer additional upgrades. Upgrades offered may be discontinued or changed at any time, are subject to change without notice.
Refunds, Downgrades and Cancellations:
Under limited circumstances, AccessibleProperties.net may refund the purchase price or a portion of the purchase price for Services purchased from AccessibleProperties.net.
If you notify AccessibleProperties.net in writing of a cancellation within 24 hours of a purchase of a listing or of a downgrade within the first 24 hours of a purchase, then AccessibleProperties.net will void, reverse, or credit the difference in charges on such purchase.
THERE IS NO REFUND FOR ANY CANCELLATION OR DOWNGRADE AFTER 24 HOURS FROM THE TIME OF PURCHASE.
There are no refunds based on modifications to the Services or web site, or for temporary technical problems with the website, access issues beyond our control, issues with your computer or internet connection, inability to log in or upload photos, or to edit or unpublish your listing.
Inappropriate or Unsuitable Content
Listings MUST include accessibility features. Listings that are not accessible or have no accessibility features will not be published and fees will not be refunded. Listings that are changed after publishing that do not comply with the accessibility requirements will be unpublished with NO NOTICE OR REFUND.
The Featured Listing service upgrade rotates your property listing through the “Featured Listing” sections of AccessibleProperties.net for the duration of your listing. The Featured Listing upgrade automatically activates when purchased. Your property listing will not be viewable all of the time and may not be present during certain times when you are on the site.
We Are Not Real Estate Agents or Service Providers:
AccessibleProperties.net or its affiliates may refer independent real estate professionals, brokers, or agents to you and/or Customers; however, AccessibleProperties.net does not itself engage in real estate broker services on your behalf. All real estate brokerage services are performed by independent, local brokers/agents that have been referred to you by AccessibleProperties.net.
The terms of any agreement between a real estate broker/agent and you are not endorsed, recommended, or otherwise known to or by AccessibleProperties.net.
Consent to E-mail Communications:
From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by AccessibleProperties.net. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON AccessibleProperties.net, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING ACCOUNT RELATED E-MAIL FROM AccessibleProperties.net. You can opt out of optional emails using the unsubscribe feature of any OPTIONAL email received.
User-Provided Content and Information:
By providing information to, communicating with, and/or placing material on, AccessibleProperties.net, including during registration, communication on any AccessibleProperties.net bulletin board, message or chat area, posting any listing or other content (including without limitation written, graphical or video content), placing any classified advertisement, or participating in any other web site activity etc., you represent and warrant: (1) you own/have all necessary rights to the content you provide and the rights to use it as provided in these Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (3) the content will not cause injury to any person or entity; (4) the property is accessible to those with disabilities; and (5) if you post a property listing that you are the owner or legitimate agent of the property and/or owner and have all necessary rights, title, and interests in such property to list the property for sale.
For all such information and material, you grant AccessibleProperties.net, its affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, modify, display, archive, copy, store, reproduce copy, and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all IMAGE Management affiliated Web sites, to include the information in a searchable format accessible by users of AccessibleProperties.net, other IMAGE Management Web sites, as well as third-party web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant AccessibleProperties.net the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for compensation of any sort to you.
AccessibleProperties.net does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to AccessibleProperties.net. Sending unsolicited materials or ideas is done so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against AccessibleProperties.net and its affiliates regarding the use of such materials and ideas.
Disclaimer of Warranties
The site is provided by AccessibleProperties.net on an “as is” and on an “as available” basis. USE OF AccessibleProperties.net IS AT YOUR OWN RISK. To the fullest extent permitted by applicable law, AccessibleProperties.net makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. AccessibleProperties.net shall have no liability for any interruptions in the use of this Website. AccessibleProperties.net disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Neither IMAGE Management, AccessibleProperties.net nor any of it's subsidiaries, affiliated or related companies, nor any of it's employees, agents, content providers, service providers, licensors make any warranties of any kind regarding AccessibleProperties.net and/or the content contained therein; the advertising material, the services, any content or information, third party services and/or the results that may be obtained from using accessibleproperties.net or any of its services.
Limitation of Liability
AccessibleProperties.net, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR AccessibleProperties.net, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF AccessibleProperties.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL AccessibleProperties.net OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF THE VALUE OF THE PAID LISTING. IN NO EVENT SHALL AccessibleProperties.net OR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.
AccessibleProperties.net AND ITS SUBSIDIARIES, AFFILIATES, AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such application law.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold AccessibleProperties.net, its parents, subsidiaries, affiliates, officers and employees, harmless from any and all claims or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
AccessibleProperties.net CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. AccessibleProperties.net DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE AccessibleProperties.net. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
Modifications to Terms and Services and Interruption to Service:
AccessibleProperties.net reserves the right to modify or discontinue the Service with or without notice or refund to the Member. AccessibleProperties.net shall not be liable to Member or any third party should AccessibleProperties.net exercise its right to modify or discontinue the Service. Member acknowledges and accepts that AccessibleProperties.net does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES, WITHOUT LIMITATION OR QUALIFICATION. In addition, when using particular portions of the Services, you will be governed by additional terms which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
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