PropertyU, in its sole discretion, may alter or amend the terms and conditions of the TOU or any other policy at any time with or without notice. You agree to be bound by any such alterations or amendments immediately upon their posting on the Service. You should review the TOU and other PropertyU policies on a regular basis in order to become aware of any alterations or amendments. The current versions of the TOU and other policies are available at: http://www.propertyu.net.
You may use the service to post questions. Content that appears on the Service may consist of articles, information, postings, messages, text, files, images, photos, video, sounds, or other materials, other than questions you post ("Content"). You understand and agree that:
The Service contains an online forum feature, advertisements, and informational content. Your interactions with organizations or individuals through the online forum feature, advertisements, and informational content, including purchasing goods or services, payment and delivery of goods or services, any disputes concerning such goods or services, and any other terms, conditions, warranties or representations associated with such transactions, are solely between you and such organizations or individuals. You are solely responsible to exercise due diligence concerning such organizations or individuals prior to proceeding with any transaction with any of these organizations or individuals. PropertyU shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such transactions. In the event of a dispute between you and other users of the Service, you and the other users are solely responsible to resolve the dispute, and you hereby release PropertyU, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and the Service.
As required by the Digital Millennium Copyright Act of 1998, we have designated the following agent ("Agent") to receive notification of alleged potential copyright infringement on websites, systems, or networks controlled or operated by PropertyU: : DMCAnotice@propertyu.net
If you believe that material residing on a website, system, or network controlled or operated by PropertyU infringes a copyright, please provide a notification of infringement to the Agent. To be effective, the notification must include the following:
You agree not to post or otherwise make available Content that:
Additionally, you agree not to:
A "Posting Agent" is a third-party that posts Content on behalf of others. You agree not to use a Posting Agent to post or make available Content to the Service without the prior express written consent of PropertyU. Posting Agents are prohibited from posting or making available Content to the Service on behalf of others without the prior express written consent of PropertyU.
You agree not to send unsolicited email advertisements to PropertyU email addresses or otherwise transmit such advertisements through the Service. Any such activity or other unauthorized use of PropertyU computer systems is a violation of the TOU and certain federal and state laws. Such violations may subject you to civil and criminal penalties.
You agree that PropertyU may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You also agree that PropertyU is not responsible or liable for the deletion or failure to store any Content maintained or transmitted by the Service. You further agree that PropertyU reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that PropertyU will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
PropertyU grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not grant a license to access the Service to Posting Agents or any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless PropertyU provides its prior express written consent. This restriction does not encompass general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Use of the Service beyond the scope of any license or authorized access immediately terminates the license or permission. In order to use the Service or any Content provided through the Service beyond the scope of any license or permission, such as to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service, requires the prior express written consent of PropertyU.
PropertyU may, in its sole discretion, delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if PropertyU believes that you violated the TOU or any other policy. PropertyU shall not be liable to you or any third-party for any termination of your access to the Service. You agree not to attempt to use or access the Service after termination. Sections 2-4, 6, 7, and 9-18 shall survive termination of the TOU.
PropertyU claims intellectual property rights in the Service to the maximum extent provided by copyright laws and international treaties. The Content is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any copying, reproduction, modification, creation of derivative works from or redistribution of the Service or the collective work or any portion thereof for further reproduction or redistribution is prohibited without the prior express written consent of PropertyU. You agree not to:
YOU AGREE THAT USE OF THE PROPERTYU SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE PROPERTYU SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PROPERTYU DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PROPERTYU SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PROPERTYU DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PROPERTYU SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PROPERTYU SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PROPERTYU DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROPERTYU SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
UNDER NO CIRCUMSTANCES SHALL PROPERTYU BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PROPERTYU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PROPERTYU SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PROPERTYU SITE OR THE SERVICE, FROM INABILITY TO USE THE PROPERTYU SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PROPERTYU SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PROPERTYU SITE OR THE SERVICE OR ANY LINKS ON THE PROPERTYU SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PROPERTYU SITE OR THE SERVICE OR ANY LINKS ON THE PROPERTYU SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold PropertyU, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your violation of any other policy, your breach of any of the representations and warranties of the TOU or any other policy, or your violation of any rights of another.
The TOU constitutes the entire agreement between you and PropertyU and governs your use of the Service, superseding any prior agreements between you and PropertyU. The TOU and the relationship between you and PropertyU shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. Any controversy or claim arising out of or relating to the Service, this TOU, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The failure of PropertyU to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found to be invalid, the parties nevertheless agree that the arbitrator(s) should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any notices to be provided to you by PropertyU will be sent to the e-mail address you provide to Property U to sign up for the Service. Any notices to be provided to PropertyU should be sent to: notice@Propertyu.net.
Please report any violations of the TOU by sending an email to: info@Propertyu.net. PropertyU's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that because damages are often difficult to quantify, if it becomes necessary for PropertyU to pursue legal action to enforce any violation of the TOU, you will be liable to pay PropertyU the following amounts as liquidated damages, which you accept as reasonable estimates of PropertyUs' damages for the specified violations of the TOU:
Notwithstanding any other provision of these Terms, PropertyU retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.