Policies
User Agreement
Please read the following terms before
using the services of MHSales.com. If you do not agree to these
terms and conditions, you may not access or otherwise use these
services. Your continued use of the Company's services indicates your
acknowledgment that you have read and accepted these terms and
conditions.
I. GRANT OF RIGHTS; LIMITED SCOPE, AVAILABILITY OF SERVICES, AND FEES
The Company grants to you a
non-exclusive, non-transferable limited right to access, use and display
the information and marketing services provided by the Company, as may
be amended from time to time on any machine(s) of which you are the
primary user.
The Services currently do not include
services customarily associated with the services provided by real
estate agents and/or brokers. The Company is not acting as an agent or
broker in any capacity, and is merely a vehicle for sellers and buyers
to transact business directly with one another. The Company is not
providing any Services in any state in which the activities comprising
the Services require independent licensure. The Company provides no
advice and/or opinions concerning any particular property, the soundness
of any proposed transaction and does not assist in matching particular
buyers and sellers or in negotiating or closing any transactions related
to the properties included on the Company's Web site.
II.
CONTENT
You recognize that you are solely
responsible for the substance and content of any information that you
make available, including, without limitation, through the posting of
content on the Company's Web Site through a listing or otherwise. All of
such content is your responsibility. The Company will not be
responsible, and cannot independently verify, and makes no
representations or warranties concerning, the content information
provided or received by you through your use of the Services. Any
information provided by the Company in connection with its provision of
the Services relating to property of others has been obtained directly
from the owners of such property or from sources believed by the Company
to be reliable. In connection with your use of any information made
available to you through the Services, you shall be responsible for any
actions taken in reliance on such information and, accordingly, you are
recommended to make your own due-diligence inquiries concerning the
veracity of such information and the Company assumes no liability
therefor. The Company has the right to monitor the content that you or
other users make by means of any Service, but shall have no obligation
to do so. You agree that if the Company in its sole discretion deems any
content made available by you to be unlawful, fraudulent, unacceptable,
offensive, obscene or otherwise objectionable, the Company has the
right, but not the obligation, to remove or deny access to such content.
You expressly agree that the Company shall not be liable to you for any
action the Company takes to remove or restrict access to such material,
nor for any action taken to restrict access to material posted in
violation of any law, regulation or rights of a third party, including,
but not limited to, rights under the copyright law and prohibitions on
libel, slander and invasion of privacy. The Company has the right to
take all reasonable actions to remove or restrict access to any such
material, including restriction, suspension or termination of your
access privileges and/or deletion of the objectionable material.
III. PROPRIETARY
MATERIALS
Material accessible to you through the
Company's Services may be the subject of intellectual property rights,
including, without limitation, patents, copyrights, trademarks and trade
secrets. Except as expressly permitted by the owner of such rights, you
may not reproduce, redistribute, retransmit, publish or otherwise
transfer, or commercially exploit, any such material.
IV. PROHIBITED USES
(A) You expressly agree not to use the
Company's Services in a manner that is inconsistent with these terms of
use, prohibited by any law or regulation, or to facilitate the violation
of any law or regulation. You acknowledge that prohibited conduct
includes, but is not limited to, use of any of the Services to invade
the privacy of third parties, impersonation of the Company's personnel
or other parties or entities, transmitting abusive, profane, libelous,
slanderous, threatening or otherwise harassing material via e-mail, chat
services or bulletin boards. You also agree not to use the Services to
(i) solicit other members to patronize services or purchase goods from
third parties; (ii) violate the security of the Services; or (iii)
attempt to utilize another user's account name or persona without
authorization from that user.
(B) You agree not to use the Services or
any e-mail address of the Company in connection with the sending of the
same or substantially similar unsolicited electronic mail message,
whether commercial or not to a large number of recipients. You agree not
to send unsolicited mass mailings from another service which in any way
implicates the use of the Company's Services, equipment or any Company
e-mail address. For purposes of this provision, merely making one's
e-mail address accessible to the public shall not constitute a request
or invitation to receive messages. For each violation by you of this
provision, you agree to pay the Company damages to compensate for the
lost goodwill such a violation causes, but, where warranted, such as in
the case of an accidental transmission, the Company may waive all or
part of any applicable charge. Payment by you under this provision shall
not prevent the Company from seeking to obtain other legal remedies
against you, including other damages or an injunction.
V. CHARGES AND PAYMENT
All listings on this
website, www.mhsales.com, are free. Any person or company
who advertises may at any time place or remove a listing without
incurring charges or fees.
Part V. of this generic user agreement is not enforced.
(A) You are responsible for all charges
associated with connecting to the Services, including, without
limitation, all telephone access lines, telephone and computer equipment
necessary to access the Services.
(B) You are responsible for all
activities and charges from the use of the Company's Services. You agree
to pay all applicable Service fees (for each applicable Service utilized
by you) as well as all of your connection time charges of your ISP,
surcharges, applicable taxes and other charges you incur regarding the
Services.
(C) In the event of a breach of security,
you will remain liable for any unauthorized use of your account with the
Company until you notify the Company by written notice.
(D) The Company reserves the right to
increase fees, surcharges, and to institute new fees at any time upon
thirty (30) days prior notice. The Company may reduce these fees at any
time without notice to you.
VI. USER INFORMATION
(A) You certify to the Company that you
are not a minor (i.e., that you are at least eighteen (18) years of
age).
(B) For purposes of identification,
billing and marketing, you agree to provide the Company with accurate,
complete, and updated information required by the Membership Profile,
including your legal name, address, telephone number(s), and applicable
payment data. You agree to notify the Company within ten (10) days of
any changes in this Profile information. Failure to comply with this
provision may result in immediate suspension or termination of your
right to use the Services.
(C) You are solely responsible for
maintaining the confidentiality of your passwords, and agree that the
Company will have no obligations with regard thereto.
(D) The Company reserves the right to
reveal any Profile information or other information in its possession
regarding users of the Services in cooperation with a request or
investigation by any governmental body or governmental agency.
VII. CONFIDENTIALITY
You shall be required to keep and
maintain as confidential any of the information made available to you by
the Company as may be provided by the Company from time to time;
provided, however, you expressly acknowledge that the Company is not a
fiduciary with respect to any information that you provide to the
Company and that the Company has no reciprocal obligation of
confidentiality to you other than as expressly provided in the Company's
Privacy Policy, the terms of which are incorporated herein by reference.
VIII. WARRANTY AND
INDEMNIFICATION
You represent and warrant to the Company
that you will not transmit by means of the Services any materials of any
kind which (i) violate, plagiarize, or infringe the intellectual
property or contractual rights of any third party; (ii) are exported in
violation of any law, rule, or regulation governing exports from the
United States; (iii) contain libelous, defamatory, obscene,
pornographic, abusive or otherwise unlawful material; (iv) contain
software viruses or any other malicious code designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment. You further represent and warrant to
the Company that your use of the Services will at all times comply with
applicable laws, rules, and regulations. You hereby agree to indemnify,
defend and hold harmless the Company and its employees, licensors,
independent contractors, providers, subsidiaries and affiliates
(collectively, the "Affiliates"), from and against any and all liability
and costs incurred by the Affiliates in connection with any claim
arising out of any breach by you of the foregoing representations,
warranties and covenants, including, without limitation, attorneys' fees
and costs. You shall cooperate as fully as reasonably required in the
defense of any claim. The Company reserves the right, at its own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and you shall not in any
event settle any matter without the written consent of the Company.
IX. TERMS OF USE OF
WARRANTY
The Services (including all content,
software, functions, materials and information accessed or provided by
any means thereof) are provided as is, without warranties of any kind,
either express or implied, including, but not limited to, warranties of
title or implied warranties of merchantability of fitness for a
particular purpose, or warranties of non-infringement. To the fullest
extent permissible by law, the Company makes no warranties and shall not
be liable for the use of the Services, including, without limitation,
any interruption of or error in the Services under any circumstances,
including, but not limited to, the Company's negligence.
X. LIMITATION OF
LIABILITY
Under no circumstances shall the company
be liable for any special or consequential damages that are directly or
indirectly related to the use of, or the inability to use, the services
even if the company has been advised of the possibility of such damages.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not
apply to you. In no event shall the company's total liability to you for
all damages, losses, or causes of action exceed one (1) dollar.
XI. TERMINATION
In addition to any other rights of the
parties set forth herein, either you or the Company may terminate this
Agreement at any time upon notice. The Company also reserves the right
to restrict, suspend or terminate the Services in whole or in part,
without notice, with respect to any breach or threatened breach of
Sections III, IV, or VII or based on a breach of any of your warranties
set forth in Section IX, the Company reserves the right to deny access
to the Services in whole or in part, including, without limitation,
removing your Membership password from the Company's server, and to
refuse to provide the Services to you following such termination.
XII. MODIFICATIONS TO
THE AGREEMENT
The Company has the right to modify this
Agreement. Any modification is effective immediately upon either a
posting on the Company's Web Site (http://www.mhsales.com), or upon
notice by electronic mail, or U.S. mail. Your continued use of the
Services following notice of any modifications to this Agreement shall
be conclusively deemed an acceptance of all such modification(s). Your
only right with respect to any dissatisfaction with any modifications
made pursuant to this provision, or any policies or practices of the
Company in providing the Services, including, without limitation, (i)
any change in the content of the Services, or (ii) any change in the
amount or type of fees for any of the Services, is to terminate
membership by delivering notice to the Company. Such notice will be
effective upon receipt by the Company.
XIII. GENERAL
This Agreement constitutes the entire
agreement between you and the Company with respect to the Company's
Services and supersedes all prior agreements between you and the
Company. Failure by the Company to enforce any provision of this
Agreement shall not be construed as a waiver of any provision or right.
Interpretation and enforcement of this Agreement shall be governed by
and construed in accordance with the laws of the State of Colorado
(excluding choice of law rules). You consent to personal jurisdiction in
the federal and state courts residing in the State of Colorado and the
County of Delta for any action arising out of or relating to your use of
the Company's Services. The federal and state courts residing in the
State of Colorado and the County of Delta shall have exclusive
jurisdiction over all such actions and you specifically waive any
defenses that you may have by means of a claim of forum non-conveniens.
In any such action, the prevailing party shall be entitled to recover
all legal expenses incurred in connection with the action including, but
not limited to, its costs, both taxable and non-taxable, and reasonable
attorneys fees. In the event that any portion of this Agreement is held
unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intentions of the parties, and the remainder of the provisions
shall remain in full force and effect.
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