Relocator Terms of Service
Last Updated November 6, 2017
The Terms of Service is a binding and enforceable legal contract between Relocator and you, so please read it carefully. This Agreement explains Our obligations to you, and your obligations to Us. This Agreement is the entire Agreement between you and Us.
GENERAL USE OF THE WEBSITES AND SERVICES
· except with the express written permission of Relocator, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another webpage, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Websites and Services, including without limitation, engaging in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;
· damage, disable, overburden, or impair the Websites and Services or interfere with any other party’s use and enjoyment of the Websites and Services;
· obtain or attempt to obtain any materials or information through any means not made readily accessible by Relocator through the Websites and Services;
· copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Website, the Services (or any part thereof), any Content or software offered by Relocator or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Relocator’s prior written and specific consent or as expressly permitted under these Terms of Service;
· use the Websites or Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading;
· attempt to or actually access the Services by any means other than through the interfaces provided by Relocator;
· use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Websites or Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Website or Services;
· act in a manner which might be perceived as damaging to Relocator’s reputation and goodwill or which may bring Relocator into disrepute or harm;
· purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Relocator or Relocator's Intellectual Property or any variations and misspellings thereof;
· impersonate any person or entity or provide false information on the Services or Websites (directly or indirectly), or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Relocator;
· falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Relocator or any third party endorses you, your business, your products, or any statement you make;
· reverse look-up, trace, or seek to trace another User of Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about Visitors or Users of the Services or Website without their express and informed consent;
· disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Services, User Website, the account of another User(s), or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;
· attempt to or actually override any security component included in or underlying the Website or Services;
· upload to the Website, or otherwise use it to design, develop, distribute or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
· sell, license, or exploit for any commercial purposes any use of or access to the Services or Content, except as expressly permitted by the Terms of Service;
· remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Services or Third Party Services;
· violate, attempt to violate, or otherwise fail to comply with any of the Terms of Service or any laws or requirements applicable to your use of the Services; and
· access or attempt to access password protected, secure or non-public areas of the Websites or Services, except with the express written permission of Relocator.
Further User Responsibilities
You further agree:
· to fully comply with all applicable laws and any other contractual terms which govern your use of the Websites Services (and any related interaction or transaction), including those specific laws applicable to you;
· to be solely responsible and liable with respect to any of the uses of the Websites or Services which occur under your User Account; and
· to receive from time to time promotional messages and materials from Relocator or its partners, by mail, email, phone, SMS/text message or any other contact form you may provide us with (including your phone number for calls or text messages).
Except with the express written permission of Relocator, you agree that you will not create links from any website or webpage to any page within the Websites or Services; provided however upon prior written notice to Relocator at firstname.lastname@example.org, you may create a link directly to any of the Websites and Services home pages, including, but not limited to pages currently located at http://www.relocator.net and http://www.preferredpartnercommunity.com.
The origin of any link to any Websites and Services home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the Websites and Services home page. By creating a link to the Websites and Services, you agree that: (a) you will not employ any technology that results in the placement of content from the Websites and Services in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the Websites and Services from how it would appear if a user typed the URL in a typical browser line, (b) your site shall not display content or link to other websites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive, (c) you have duly registered your domain name and possess all rights necessary to use the same, and (d) you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the Websites and Services. Relocator reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that Relocator so requests.
Termination of Access
Third Party Service Providers
The Services provided through the Websites and Services may also be located on third party websites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by Relocator to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Relocator does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, workmanship, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release Relocator from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services or websites.
You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of your use of any third party websites and/or third party services, whether or not you were linked to or directed to a third party website or third party services through the Websites or Services. You acknowledge that third party sites and third party services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. Any and all use of third party services shall be done solely at your own risk and responsibility, and may be subject to such legal terms which govern such third party services, which you are encouraged to review before engaging with them. In no event shall any reference on the Website to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. Relocator will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any third party services.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content, software or sites.
REPRESENTATIONS AND WARRANTIES
You represent, warrant and agree as follows:
· you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms of Service and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to these Terms of Service;
· you are not a resident of (or will use the Services in) a country that the U.S. government has embargoed for use of the Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
· you understand that Relocator does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use of the Websites or Services, or your compliance therewith; and
· Professionals submitting third-party Information have secured informed consent from such third-parties prior to submitting such information to the Websites or Services, and that all third-parties have agreed to these Terms of Service.
CONTENT CONTAINED IN THE WEBSITES AND SERVICES
The Websites and Services and all of their contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Websites and Services (collectively, “Content”) is owned by Relocator and/or third parties with all rights reserved unless otherwise noted.. Relocator grants you a limited license to access and use the Websites and Services and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Websites and Services provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Websites and Services or Content, except with express written consent of Relocator. You understand that all third party Content posted on, transmitted through, or linked from the Websites and Services, is the sole responsibility of the third party originator of such Content. Content is provided through the Websites and Services AS-IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Relocator be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
You acknowledge that Relocator does not screen or approve third-party Content, and that Relocator shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or move any Content that is available via the Websites and Services, for any reason.
CONTENT YOU PROVIDE
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content or Information on or through the Websites and Services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Information and Content that you provide or otherwise make available via the Websites and Services. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Relocator as provided below.
You promise that you will not use the Websites and Services to:
· Transmit any Content or Information: not related to appropriate subject matters; which is misleading to others, including consumers; that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; that you do not have a right to post and transmit under any law or under contractual relationships; such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
· intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content or Information to the Websites and Services, you grant, and you represent and warrant that you have the right to grant, to Relocator an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Websites and Services, you grant Relocator all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Websites and Services by any party for any purpose.
Professionals Transmitting Content or Information of others warrant that they have secured the consent of the owners of such Content or Information they are providing on the Website or Services.
Comments, Feedback and Testimonials
Any questions, comments, suggestions, ideas, feedback, testimonials or other information provided by you to Us (“Comments”) are not confidential and you hereby grant Us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as We deem appropriate, for any and all commercial and non-commercial purposes, in Our sole discretion. By providing such Comments to Us, you (1) represent and warrant that such Comments are accurate, complete, and do not infringe on any third party rights; (2) irrevocably assign to Relocator any right, title and interest you may have in such Comments, (3) grant Relocator the right to use your, or your Company's, name in displaying any Comments, and (4) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Comments.
Any dispute or claim relating in any way to your use of the Websites or the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
To begin an arbitration proceeding, you must send Us a letter requesting arbitration and describing your claim to Us at Preferred Partner Community, LLC, 9001 E Bloomington Freeway Suite 129, Minneapolis, MN 55420. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. All arbitrations shall be held within Ramsey County, Minnesota.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE WEBSITES, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. RELOCATOR MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE WEBSITES, SERVICES AND/OR CONTENT. RELOCATOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL RELOCATOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES AND SERVICES, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE WEBSITES AND SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE WEBSITES AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES AND SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RELOCATOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE WEBSITES AND SERVICES, AND ALL OTHER USE OF THE WEBSITES AND SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
All materials on the Websites and Services (as well as the organization and layout of the Websites) are owned and copyrighted or licensed by Relocator, its corporate affiliates or its third-party vendors. © Preferred Partner Community, LLC, 2017 all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Websites and Services is permitted without the written permission of Relocator. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Relocator’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
Preferred Partner Community, LLC
9001 E Bloomington Freeway, Suite 129
Minneapolis, MN 55420
Preferred Partner CommunityTM, RelocatorTM, Adding Value Closer To HomeTM, Simplify Your MoveTM and all taglines and stylized logo treatments including any one or more of the foregoing are trademarks of Relocator. Any other trademarks, stylized logos or taglines belonging to third-parties that are used on the Websites or Services are the property of their respective owners and used with permission.