PLEASE READ THIS ACCEPTABLE USE POLICY CAREFULLY BEFORE USING EstateSalesGuide.com
This acceptable use policy sets out the terms between you and us under which you may access our website www.estatesalesguide.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm adults or minors in any way.
To send, knowingly receive, upload, download, use or re-use any material, which does not comply with our content standards as set out in this Acceptable Use Policy
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
• Chat rooms.
• Bulletin boards.
• Auction rooms.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.
However, we are under no obligation to oversee, monitor or moderate any interactive service or professionals listed on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material, which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the US and in any country from which they are posted.
Contributions must not:
• Contain any material, which is defamatory of any person.
• Contain any material, which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trademark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Visitors to this Website may elect to submit their name, telephone number, email address and other contact information with our site in order to receive certain additional information. By completing and submitting a form requesting more information you are expressly electing to be contacted by our Website or a professional advertising with our Website.
Any email or telephone contact lists generated by this Website are user generated, meaning such lists will only be populated with information expressly provided by visitors freely submitting their contact information and expressly electing to be contacted by our Website or a professional advertising with our Website.
It is against the policy of our Website to directly solicit visitors to our site, by email, telephone or otherwise, without visitors expressly requesting they be contacted by us or a physician advertising through our website.
This Website does not take responsibility for representations made by companies and professionals listed on this site. Any claim of service category, licensure, certification or other credentials made by a professional advertising on this Website must be verified by the visitor personally as this Website does not guarantee the accuracy or veracity of any such representations.
1) Parties: This “Agreement” between “I” or “me” or the “Company” and estatesalesguide.com. (“estatesalesguide.com”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
2) Content: I hereby license to estatesalesguide.com the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on estatesalesguide.com and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website estatesalesguide.com at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but estatesalesguide.com retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for estatesalesguide.com to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my estatesalesguide.com account with any updates to the Content necessary to keep such Content accurate and representative of my products. estatesalesguide.com and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.
3) LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ESTATESALESGUIDE.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ESTATESALESGUIDE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF ESTATESALESGUIDE.COM OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF ESTATESALESGUIDE.COM OR THE SERVICE, FROM INABILITY TO USE ESTATESALESGUIDE.COM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ESTATESALESGUIDE.COM OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ESTATESALESGUIDE.COM OR THE SERVICE OR ANY LINKS ON ESTATESALESGUIDE.COM OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ESTATESALESGUIDE.COM OR THE SERVICE OR ANY LINKS ON ESTATESALESGUIDE.COM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
4) INDEMNITY You agree to indemnify and hold ESTATESALESGUIDE.COM, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
5) Fees: Membership: Price as stated on ESTATESALESGUIDE.COM at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.
6) Length of Contract: This Agreement is valid up to and until I cancel my account.
7) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, ESTATESALESGUIDE.COM may attempt to contact me to determine updated account information. ESTATESALESGUIDE.COM will wait thirty (30) days before canceling my membership.
8) Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. ESTATESALESGUIDE.COM may terminate this agreement at will. In the event ESTATESALESGUIDE.COM terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.