These Terms of Use (“agreement”) is a legal agreement between you and VISINTAINER GROUP, a California corporation (“BV”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your use of our web site or sites, accessed at www.visintainergroup.com (the “site”).
We reserve the right to modify these Terms of Use from time to time and will post a copy of the amended to our site. If you do not agree to, or cannot comply with, the agreement as amended, you should not use the site. However, this agreement is separate and apart from any listing, confidentiality or other contract you may have with us in effect. You will be deemed to have accepted the agreement as amended if you continue to use the site after any amendments are posted on the site. We reserve the right to refuse to provide our products and services to anyone at any time to the extent permitted by law.
This agreement contains important disclaimers and other information. By using this site, you accept and agree to the terms and conditions of this agreement without any reservations, modifications, additions, or deletions. If you do not agree to the Terms of Use contained in this agreement, you may not use the site for any reason whatsoever. You may be denied access to the site, with or without prior notice to you if you do not comply with any provision of this agreement. The term of this agreement shall continue throughout the period of any user who uses the site, or materials derived from the site.
Limitations on Users: In order to use the site, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this agreement and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this agreement, please do not attempt to access this site.
Registration; Site Restriction. We reserve the right to restrict certain areas of this site to clients or registered users who set up an account with us. You agree to provide accurate account information and to update your account information as necessary to keep it accurate. We will use your account information in accordance with its privacy policy, which can be found at www.visintainergroup.com. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password or account. We will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless BV, its owners, officers, directors, agents or broker for any inaccurate information or unauthorized use of your account.
Limitations on Use of Site. We grant you a revocable non-exclusive license to access and use the site, subject always to this agreement. These rights are not transferrable and may be limited by exclusive areas (as noted above). Any use of the site not specifically permitted under this agreement is strictly prohibited.
Prohibited Uses. You agree not to: (i) use the site to reproduce, transmit, display or distribute unlawful, immoral, copyrighted or other protected information and to refrain from reusing any materials owned by BV without its prior written consent; copy, store, modify or misuse any content from the site; or (iii) use our site in any way that violates the terms of this agreement. You agree not to: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, database scraping, spidering, screen scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the site; (c) send chain letters or pyramid schemes via the site; or (d) attempt to gain unauthorized access to other computer systems through the site. You agree that you will not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site.
Ownership of Site. The site is owned by BV and is protected by United States Copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this agreement is void. As between you and BV, you acknowledge that BV owns or has a license to all title and copyrights in and to the content provided on this site. All title and intellectual property rights in and to any licensed content provided on this site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
Trademarks and Service Marks: Branding. You understand that any names, logos, tag lines, phrases, graphics or other identifying marks are the sole protected property of BV, whether such mark has been filed with the USPTO office or not, and you agree to include the appropriate trademark symbol as directed by BV in any publications which contain a mark. The site may also contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the trademarks owned by BV or any third party.
EXPRESS DISCLAIMERS: WE EXPRESSLY DISCLAIM THE ULTIMATE ACCURACY OF ANY INFORMATION, DATA, LISTING, ADDRESSES, SQUARE FOOTAGE, TITLE INFORMATION, HAZARDOUS MATERIALS CONDITIONS, BOUNDARIES, TENANCIES, TERMS, PHOTOS ON THIS SITE, OR ANY OTHER INFORMATION CONCERNING A PROPERTY FOR SALE, LEASE OR OTHERWISE (COLLECTIVELY, “SITE INFORMATION”). YOU AGREE NOT TO RELY ON ANY SITE INFORMATION AND AGREE TO CONDUCT YOUR OWN INDEPENDENT DUE DILIGENCE PRIOR TO LEASING, BUYING, FINANCING OR OTHERWISE CHANGING YOUR POSITION RESPECTING ANY PROPERTY, WHATSOEVER. WE ALSO DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE UP-TIME, USE OR OTHERWISE CONCERNING THE SITE. ALL USERS WHO USE THE SITE ARE USING IT IN IT’S “AS IS” CONDITION. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THAT THE SITE WILL BE FRE OF DOWN-TIME, CRRUPTION, VIRUSES, DATA BREACHES, LOSS, HACKING, SECURITY INTRUSION OR OTHERWISE, AND WE EXPRESSLY DISCLAIM ANY LIABILITY RELATING THERETO WHATSOEVER. WE RETAIN THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE SITE, OR ANY PORTION OR LISTING ON THE SITE, AT ANY TIME, WITHOUT LIABILITY TO YOU OR ANY THIRD PARTY.
Use of Testimonials and Other Information. Any comments, reviews, suggestions, testimonials or other information you post or contribute to the site, may be used by us. It is your responsibility to omit any confidential information from any such postings.
Privacy Policy. Unless otherwise addressed in this agreement, your use of this site is subject to BV’s privacy policy, which is incorporated by reference and made a part of this agreement. It is important that you read and understand the terms of BV’s privacy policy.
Forward-Looking Statements: Projections. To the extent any listing includes projections, financial performance statements or any future assessment of income/costs (collectively “Financial Data”), the same are estimates only and are no guarantee of performance, and you agree that BV shall have no liability, whatsoever, related to any Financial Data, and further that you will rely solely on your own investigations, due diligence and inspections in total reliance on your own studies without regard to any Financial Data provided by BV.
Limitation of Liability. In no event will BV be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if BV has been advised of the possibility of such damages. No oral or written information or advice given by BV or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
Indemnity of BV. You agree, and if there are more than one party, you jointly and severally agree, to indemnify and hold BV, its directors, officers, employees, affiliates, agents, broker, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement; or (ii) your use or misuse of the site.
Contact Person: Notices. For any problems with the site, corrections to materials, or potential infringement claims, please contact: [email protected].
General. You will be responsible for obtaining internet access and computer hardware and software necessary to access and use the site. BV or its business partners may present advertisements or promotional materials on or through the site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that BV is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the site. This agreement will be governed by the laws of the State of California, and venue shall be in Fresno County, California, for all purposes. Cookies; Advertising: We may include pop-up ads, cookies or other marketing and advertising on our site.
Representation by you “Read and Understood”. By clicking and using the site you represent and warrant to us that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.