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.
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 Email 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.
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 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 Services
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, and 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.
Modifications to the Services
We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Web site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the “look and feel” of the Web site, changes to the format or display of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Web site.
IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE RECOURSE IS TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS INDICATES YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.
These Terms will be governed by and construed in accordance with the laws of the State of Montana, without regard to its conflicts of law provisions.
Any claim or controversy arising out of or relating to these Terms, to the goods or Services provided by us or our affiliates, or to any acts or omissions for which you may contend we are liable in connection with these Terms, including but not limited to any claim or controversy made by a Customer ("Dispute"), shall be finally, and exclusively, settled by arbitration in Flathead County Montana. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by AccessibleProperties.net from AAA’s pool of arbitrators. In any arbitration, AccessibleProperties.net will pay the filing fee, plus the costs associated with the arbitrator for the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Flathead County, Montana. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. Moreover, the arbitrator must abide by all these Terms and shall not have the power to reform or alter these Terms. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THE TERMS AND THIS AGREEMENT PROVIDE THAT ALL DISPUTES BETWEEN YOU AND AccessibleProperties.net WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU GIVE UP AND WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR HAVE YOUR DISPUTE HEARD BY A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT A JUDGE OR JURY. Limitations Period: YOU AGREE THAT ANY CLAIM, CONTROVERSY, OR DISPUTE WITH AccessibleProperties.net OR ITS SUBSIDIARIES, AFFILIATES, OR RELATED COMPANIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED, OR SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED.
Disclaimer Regarding Accuracy of Vendor Information
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2011 AccessibleProperties.net, with all rights reserved, or is the property of AccessibleProperties.net and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of AccessibleProperties.net is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of AccessibleProperties.net. AccessibleProperties.net™ and AccessibleProperties.net are proprietary marks of IMAGE Management. AccessibleProperties.net’s trademarks may not be used in connection with any product or service that is not provided by AccessibleProperties.net, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AccessibleProperties.net. All other trademarks displayed on AccessibleProperties.net’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with AccessibleProperties.net.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, AccessibleProperties.net.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail PO Box 5090, Whitefish, MT 59937 In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of AccessibleProperties.net in appropriate circumstances, to terminate the account of a user who is deemed to infringe third party intellectual property rights or to remove content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on AccessibleProperties.net, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;2. a description of the copyrighted work or other intellectual property that you claim has been infringed;3. a description of where the material you claim is infringing is located on the site (providing us with a listing number or website URL is the quickest way to help us locate content quickly);4. your address, telephone number, and e-mail address;5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.The above contact information is for intellectual property infringement notices only. DO NOT CONTACT AccessibleProperties.net's COPYRIGHT AGENT FOR OTHER CUSTOMER INQUIRIES OR QUESTIONS. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification for Intellectual Property Infringement
If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to AccessibleProperties.net, Corp.’s designated Copyright Agent, (see Section 25 above for contact information), that includes substantially the following information (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):1. an electronic or physical signature of the Customer;2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a listing number or website URL is the quickest way to help us locate content quickly);3. your address, telephone number, and e-mail address;4. a statement by you, under penalty of perjury, that you (the Customer) have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and5. a statement by you that you (the Customer) consent to the jurisdiction of the Federal District Court for the judicial district in which the Customer’s address is located, or if the Customer's address is outside of the United States, for any judicial district in which AccessibleProperties.net, Corp may be found, and that the Customer will accept service of process from the person who provided notification under Section 25 above or an agent of such person.Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Customers who are repeat infringers.
AccessibleProperties.net retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, AccessibleProperties.net reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
The Terms constitute the entire, exclusive, and final statement of the agreement between you and AccessibleProperties.net with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable,unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of AccessibleProperties.net to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to AccessibleProperties.net any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
How to Remove Your Property Listing
If your property sells, you should remove your listing from the Web site and/or cancel your ad if you have registered for the Per Month Plan. Removing your property listing from AccessibleProperties.net or canceling your ad is simple. Login at accessibleproperties.net using your user name and password. Click on the listing you want to remove then click “Delete". Clicking the “Delete” button will delete your listing PERMANENTLY and instantly. To close your Listing Account or your Membership Account, login to the site click My Account. Click Delete My Account. This will immediately delete your account. This is NOT REVERSIBLE. There are NO REFUNDS OF ACCOUNT FEES FOR CLOSED ACCOUNTS after the 24 hour notice period.