Membership privileges are granted by Company to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the Company website without express written permission from Company. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Company. Up Realty, Inc. requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Company system. Members are not permitted to share their individual logon information with others. Company has the right to refuse service to anyone, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the listing policies as posted and displayed on the Company website, or abuses their rights related to the Company service. Up Realty, Inc. and any of its afffiliates utilizes email as a vital and primary communication channel with Users. Users hereby acknowledge and grant Up Realty, Inc. the permission to communicate with users via email (as well as other forms of communication channel such as phone, text, fax and social media outlets) for any purposes Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Up Realty, Inc. will use best efforts to honor User’s request to opt out of marketing messages, but under no circumstances will Up Realty, Inc. have any liability for sending any email to its registered Users/Customers.
Warranties, Limitation of Lability and Indemnification
As a condition of use of this website and/or Up Realty, Inc. website services, client/user agrees that in no event shall Up Realty, Inc. be liable for any indirect, special, incidental or consequential damages (including without limitation, damages for loss of business profits, loss of business, loss of use or of data, or interruption of business) arising out of this agreement.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web (www) and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web (www), including a computer, modem and wireless router. By using this website, including any applets, software, and content contained therein, you agree that use of this website is entirely at your own risk.
This website, its use and the services that this website provides is provided “as is”, without warranty of any kind, either express or implied. Specifically, the company disclaims any and all warranties, including, but not limited to: 1) Any warranties concerning the availability, accuracy, usefulness, or content of information, products or services and 2) Any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose (even if the company is aware of the possibility of damages). This disclaimer of lability applies to any damages or injury caused for any reason, including, but not limited to, by or as a result of any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Neither the company nor any of its employees, directors, managers, stockholders, agents, successors,assigns, affiliates, or content or service providers shall be liable to you or other third parties for any direct, indirect, incidental, special or consequential damages arising out of or related to this website, its use and/or the services that this website provides or your inability to gain access to or use the service or out of any breach of any warranty. Because some states do not allow the exclusion or limitation of liability for consquential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of the company, its employees, directors, mangers, stockholders, agents, successors, assigns, affiliates, and content or service providers is limited to the greatest extent permitted by such state law.
Up Realty, Inc. is an independent company that provides real estate marketing services and does not own, in whole or in part, any of the properties offered on this website unless disclosed as such in writing.
Compliance with Laws and Regulations
Your access to and use of this website are subject to all applicable federal, state, local, and international laws and regulations.
The Company prohibits unauthorized hypertext links to this website or the framing of any content available through this website. The Company reserves the right to disable any unauthorized links or frames. Proprietary Rights Up Realty, Inc. is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on this website, and is the copyright owner or licensee of the content and/or information on this website, including but not limited to any screens appearing on this website. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement, for any purpose. However, you may print a copy of the information on this website for your personal use or records. If you make other use of this website, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and you may be subject to penalties. The Company does not grant any license or other authorization to any User of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this website.
Links From and To This Website
You acknowledge and agree that Up Realty, Inc. has no responsbility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by the Company of the sponsors of such websites or the content, products, advertising or other materials presented on such sites. Information in the web pages that are linked to this website comes from a variety of sources. Some of this information comes from official Company licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external of the Company. The Company does not author, edit, or monitor any of these pages or links. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged be caused by or in connection with use of or reliance on any such content, goods or services available on such external websites or resources. The Company may use third-party advertising companies to serve ads on this website. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
Use of “Cookies”
Up Realty, Inc. reserves the right to store information on your computer in the form of a “cookie” or similar file device for the purpose of modifying this website to enhance your browsing experience and track your website navigation preferences. If you do not wish to permit “cookies” to be stored on your computer, you may disable them by following the instructions provided with your browser software. If you elect to disable “cookies”, however, please be aware that you will not be able to use certain websites and that your browsing experience at the Company’s website and other sites may suffer. or not perform at it’s peak potential.
Downloaded content, such as reports, newsletters, future blog posts, requiring User to enter an email address automatically grants User membership and subscribes them to receive email communication such as newsletters from Company.
Up Realty, Inc. reserves the right to seek all remedies available for violation of the Agreement, including the right to block access from a particular internet address to this website.
Waiver of Trial by Jury
The Company and User each hereby waive the right to a trial by Jury in any court and in any suit, action or proceeding, whether in tort, contract or otherwise, in which any such party, or any successor or assign of such party, are parties, as to all matters and things arising out of or relating, directly or indirectly, to this agreement, the rights and obligations of the user or the company under this agreement, this Website, the use of this Website and/or the services that this Website provides.
The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement. Common nouns and pronouns will be deemed to refer to the masculine, feminine, neuter, singular, and plural, as the context may require.
Use of Information
Client/User shall limit access to and use of Listings and all Up Realty, Inc. content to personal and internal use, and shall not use listings or any other Up Realty, Inc. content for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Client shall not use or reproduce listings obtained from Up Realty, Inc. for or in connection with any other listing service or device. Clients/Users violating these specific terms, including those Clients/Users utilizing the Up Realty, Inc. Website in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership, and any and all other remedies available to Up Realty, Inc. by state and/or federal law.
Parties in Interest
This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties to this Agreement and their respective successors, heirs, legatees, personal representatives and permitted assigns. No assignment, delegation or other conveyance of this Agreement or of any rights or obligations hereunder may be made by User (by operation of law or otherwise) without the prior written consent of the Company. The Company may assign its rights and obligations under this Agreement to any other party.
Other Terms Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Waiver of Contractual Right
The failure of the Company to enforce any provision of this Agreement shall not be construed as a waiver or limitation of the Company’s right to subsequently enforce and compel strict compliance with that provision or any other provision of this Agreement.
Security of the Site
Actual or attempted unauthorized use of the Up Realty, Inc. Website may result in criminal and/or civil prosecution. Up Realty, Inc. reserves the right to view, monitor and record activity on the Up Realty, Inc. Website without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Up Realty, Inc. Website. Up Realty, Inc. will also comply with all court orders as well as law enforcement and regulatory inquiries involving requests for such information.
Agreement in its Entirety
This Agreement constitutes the entire agreement between the User and Up Realty, Inc. (Company) and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and the Company with respect to this Website, the use of this Website and/or the services that this Website provides. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.