Finch Realty and its affiliates (“Finch Realty”) operate this Web site and the associated Web pages. We refer to this site and the associated Web pages as the “Site”. Any person accessing or using the Site is referred to as “you”.
Acceptance of Terms
Use of Site
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site, including 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 Site or interfere with any person’s use or enjoyment of the Site; or obtain or attempt to obtain any materials or information through any means not made readily accessible by PropertyMinder on the Site.
Nothing on the Site is an offer or promise by Finch Realty to sell a specific product for a specific price or to engage in any other transaction or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, Finch Realty does not make any representation or warranty with respect to any Service or any third-party products or services, and is not responsible for the accuracy, sufficiency, veracity, completeness, or timeliness of any such product or service. You are responsible for confirming the sufficiency and reliability of any services, and you hereby release Finch Realty 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.
Content of Site
The Site and all of its contents, including 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 (collectively, “Content”) is owned by Finch Realty and/or third parties with all rights reserved unless otherwise noted. Finch Realty grants you a limited license to access and use the Site and Content solely for personal and non-commercial purposes. You are prohibited from downloading (other than page caching), modifying or making any other use of the Site or Content except with express written consent of Finch Realty. You understand that all third party Content posted on, transmitted through or linked from the Site is the sole responsibility of the third party originator of such Content. Content is provided through the Finch Realty 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 Finch Realty 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 Finch Realty does not screen or approve third-party Content and that Finch Realty shall have the right (but not the obligation) in its sole discretion to refuse, modify or delete any Content.
Content You Provide
To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting”) Content on or through the Site, 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 Content that you provide or otherwise make available via the Site. 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 PropertyMinder as provided below. In addition, you promise that you will not use the Finch Realty to transmit any Content:
- 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;
- that contains 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
- which intentionally or unintentionally violates any applicable local, state, national or international 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 to the Finch Realty you grant, and you represent and warrant that you have the right to grant, to Finch Realty 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 Site, you grant Finch Realty all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Site by any party for any purpose.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, THE CONTENT AND THE SERVICES IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. FINCH REALTY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS OR TIMELINESS OF THE SITE OR ANY SERVICES OR CONTENT. FINCH REALTY 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
All materials on the Site and its organization and layout are owned and copyrighted or licensed by Finch Realty, its corporate affiliates or its third-party vendors. © Finch Realty, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials is permitted without the prior written permission of Finch Realty. Any rights not expressly granted herein are reserved.