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BETWEEN MEMEBERS and/or USERS OF WWW.MILEHIGHLISTINGS.COM AND
MILEHIGHLISTINGS, LLC
Please review the following
terms carefully. Please note that this Agreement contains
a waiver. If you do not agree to these terms, you should
not browse the site or submit any information to us through
the site, or otherwise use the site in any way. You may not
proceed with use unless you accept the terms of this Agreement.
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated
on March 03, 2008.
Terms of Use Agreement sets forth the standards of use of the
MileHighListings Online Service. By using the MileHighListings.com
website you (the "Member") and/or (the "User") 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 MileHighListings.com 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.
1. Description of Service MileHighListings is providing
Member with a real estate listing service. 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. 2. Disclaimer of Warranties. The site is provided
by MileHighListings on an "as is" and on an "as available"
basis. To the fullest extent permitted by applicable law,
MileHighListings 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. MileHighListings shall have no liability for
any interruptions in the use of this Website. MileHighListings
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. 3. Limitation
of Liability MileHighListings SHALL NOT BE LIABLE FOR ANY
DAMAGES WHATSOEVER, AND IN PARTICULAR MileHighListings SHALL
NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, 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 MileHighListings HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. 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. 4. Indemnification
Member agrees to indemnify and hold MileHighListings, its parents,
subsidiaries, affiliates, officers and employees, harmless from
any claim or demand, 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. 5. Modifications and Interruption to Service MileHighListings
reserves the right to modify or discontinue the Service with
or without notice to the Member. MileHighListings shall not
be liable to Member or any third party should MileHighListings
exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that MileHighListings 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. 6. Third-Party Sites Our website
may include links to other sites on the Internet that are owned
and operated by online merchants and other third parties. You
acknowledge that we are not responsible for the availability
of, or the content located on or through, any third-party site.
You should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links
or the content located on such sites. Your use of those third-party
sites is subject to the terms of use and privacy policies of
each site, and we are not responsible therein. We encourage
all Members to review said privacy policies of third-parties’
sites. 7. Disclaimer Regarding Accuracy of Vendor Information Product specifications and other information
have either been provided by the Vendors or collected from publicly
available sources. While MileHighListings makes every effort
to ensure that the information on this website is accurate,
we can make no representations or warranties as to the accuracy
or reliability of any information provided on this website.
MileHighListings makes no warranties or representations whatsoever
with regard to any product provided or offered by any Vendor,
and you acknowledge that any reliance on representations and
warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts of Colorado Our website
is operated and provided in the State of Colorado. As
such, we are subject to the laws of the State Colorado,
and such laws will govern this Terms of Use, without giving
effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose
to access our site you agree to do so subject to the internal
laws of the State of Colorado. 9. 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. 10. 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 ©2006
MileHighListings.com, will all rights reserved, or is the property
of MileHighListings 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 MileHighListings
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
MileHighListings. MileHighListings™ and MileHighListings.com™
are proprietary marks of MileHighListings.com. MileHighListings’s
trademarks may not be used in connection with any product or
service that is not provided by MileHighListings, in any manner
that is likely to cause confusion among customers, or in any
manner that disparages or discredits MileHighListings.
All other trademarks displayed on MileHighListings’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 MileHighListings.
11. Notification of Claimed Copyright Infringement Pursuant
to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, MileHighListings.com
designates the following individual as its agent for receipt
of notifications of claimed copyright infringement.
By Mail
MileHighListings
1045 Leyden St.
Denver,CO 80220 By Telephone: 720-936-2339 By Email: admin@milehighlistings.com
12. Botnets
MileHighListings 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, MileHighListings
reserves the right to direct the involved hostnames to a honeypot,
loopback address, logging facility, or any other destination
at our discretion.
13. Other Terms If any provision of this Terms of Use
Agreement shall be 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. You
agree that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by MileHighListings, in
our sole discretion, to a third party in the event of a merger
or acquisition. This Terms of Use Agreement shall apply in
addition to, and shall not be superseded by, any other written
agreement between us in relation to your participation as
a Member. Member agrees that by accepting this Terms of Use
Agreement, Member is consenting to the use and disclosure
of their personally identifiable information and other practices
described in our Privacy Policy Statement[if applicable].
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