AGREEMENT BETWEEN USER AND PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC.
The Peace of Mind Property Management & Real Estate, Inc. Web Site is comprised of various Web pages operated by Peace of Mind Property Management & Real Estate, Inc..
The Peace of Mind Property Management & Real Estate, Inc. Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Peace of Mind Property Management & Real Estate, Inc. Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Peace of Mind Property Management & Real Estate, Inc. reserves the right to change the terms, conditions, and notices under which the Peace of Mind Property Management & Real Estate, Inc. Web Site is offered, including but not limited to the charges associated with the use of the Peace of Mind Property Management & Real Estate, Inc. Web Site.
LINKS TO THIRD PARTY SITES
The Peace of Mind Property Management & Real Estate, Inc. Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Peace of Mind Property Management & Real Estate, Inc. and Peace of Mind Property Management & Real Estate, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Peace of Mind Property Management & Real Estate, Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. Peace of Mind Property Management & Real Estate, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Peace of Mind Property Management & Real Estate, Inc. of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Peace of Mind Property Management & Real Estate, Inc. Web Site, you warrant to Peace of Mind Property Management & Real Estate, Inc. that you will not use the Peace of Mind Property Management & Real Estate, Inc. Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Peace of Mind Property Management & Real Estate, Inc. Web Site in any manner which could damage, disable, overburden, or impair the Peace of Mind Property Management & Real Estate, Inc. Web Site or interfere with any other party's use and enjoyment of the Peace of Mind Property Management & Real Estate, Inc. Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Peace of Mind Property Management & Real Estate, Inc. Web Sites.
USE OF COMMUNICATION SERVICES
The Peace of Mind Property Management & Real Estate, Inc. Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
By providing your phone number, you agree to receive text messages from Peace of Mind Property Management & Real Estate, Inc. regarding updates, offers, and promotions. Reply STOP to opt-out anytime. Message and data rates may apply. For more information, please read our privacy policy and terms of service.
Violate any applicable laws or regulations.
Peace of Mind Property Management & Real Estate, Inc. has no obligation to monitor the Communication Services. However, Peace of Mind Property Management & Real Estate, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Peace of Mind Property Management & Real Estate, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Peace of Mind Property Management & Real Estate, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Peace of Mind Property Management & Real Estate, Inc.'s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Peace of Mind Property Management & Real Estate, Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, Peace of Mind Property Management & Real Estate, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Peace of Mind Property Management & Real Estate, Inc. spokespersons, and their views do not necessarily reflect those of Peace of Mind Property Management & Real Estate, Inc..
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC. OR POSTED AT ANY PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC. WEB SITE
Peace of Mind Property Management & Real Estate, Inc. does not claim ownership of the materials you provide to Peace of Mind Property Management & Real Estate, Inc. (including feedback and suggestions) or post, upload, input or submit to any Peace of Mind Property Management & Real Estate, Inc. Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Peace of Mind Property Management & Real Estate, Inc., its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Peace of Mind Property Management & Real Estate, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Peace of Mind Property Management & Real Estate, Inc.'s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PEACE OF MIND PROPERTY MANAGEMENT WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PEACE OF MIND PROPERTY MANAGEMENT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC. WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC. WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PEACE OF MIND PROPERTY MANAGEMENT WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC. AND/OR ITS SUPPLIERS 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 PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC. WEB SITE, WITH THE DELAY OR INABILITY TO USE THE PEACE OF MIND PROPERTY MANAGEMENT WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC. WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC. WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PEACE OF MIND PROPERTY MANAGEMENT & REAL ESTATE, INC. WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PEACE OF MIND PROPERTY MANAGEMENT WEB & REAL ESTATE, INC. SITE.
SERVICE CONTACT: pompmre[at]gmail[dot]com
TERMINATION/ACCESS RESTRICTION
Peace of Mind Property Management & Real Estate, Inc. reserves the right, in its sole discretion, to terminate your access to the Peace of Mind Property Management Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Rhode Island, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Providence County, Rhode Island, U.S.A. in all disputes arising out of or relating to the use of the Peace of Mind Property Management & Real Estate, Inc. Web Site. Use of the Peace of Mind Property Management & Real Estate, Inc. Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Peace of Mind Property Management & Real Estate, Inc. as a result of this agreement or use of the Peace of Mind Property Management & Real Estate, Inc. Web Site. Peace of Mind Property Management & Real Estate, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Peace of Mind Property Management & Real Estate, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Peace of Mind Property Management & Real Estate, Inc. Web Site or information provided to or gathered by Peace of Mind Property Management with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Peace of Mind Property Management & Real Estate, Inc. with respect to the Peace of Mind Property Management & Real Estate, Inc. Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Peace of Mind Property Management & Real Estate, Inc. with respect to the Peace of Mind Property Management & Real Estate, Inc. Web Site. 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Peace of Mind Property Management & Real Estate, Inc. Web Site are: Copyright 2007 - 2013 Peace of Mind Property Management & Real Estate, Inc. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Termination
You may stop using the Site at any time. NAR may suspend or terminate the Site at any time at NAR's discretion and without notice. NAR may also terminate, limit or suspend your access to the Site for any reason at any time and without notice. For example, NAR may terminate your access to this Site if you are not complying with these Terms or if NAR determines that you are a repeat infringer of third-party intellectual property rights.
Digital Millennium Copyright Act ("DMCA")
NAR respects the intellectual property rights of others and expects you to do the same.
Per the DMCA, NAR will respond expeditiously to claims of copyright infringement on the Site if submitted to NAR's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, NAR will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have been violated by NAR or by a third party who has uploaded materials to the Site, please provide the following information to NAR's designated Copyright Agent listed below:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, telephone number, and e-mail address where NAR can contact you and, if different, an e-mail address where the alleged infringing party, if not NAR, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
f. Your electronic or physical signature.
NAR may request additional information before removing any allegedly infringing material. In the event NAR removes the allegedly infringing materials, NAR will immediately notify the person responsible for posting such materials that NAR removed or disabled access to the materials. NAR may also provide the responsible person withyour e-mail address so that the person may respond to your allegations.
NAR reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact NAR's Copyright Agent. Please include sufficient information to assist NAR in determining that the user repeatedly engaged in infringing activity.
NAR registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). NAR's designated Copyright Agent is:
Stacy Corrigan
Broker President
968 Elm St
Woonsocket, RI 02895
United States
401-765-8800
pompmre[at]gmail[dot]com