TERMS OF USE

 

Your use of this web site constitutes your agreement to be bound by these terms and conditions of use.

 

Acceptance of Terms of Use

This site (the “Site”) is operated by ClearCondos LLC (“ClearCondos” or “we”).  By accessing or using this Site, you agree to be legally bound by the terms and conditions that Follow (the “Terms of Use”) as we may modify them from time to time.  These Terms of Use constitute a legal contract between you and ClearCondos, and by accessing or using any part of the Site you represent and warrant that you are over the age of 18 and have the right, power and authority to agree to and be bound by these Terms of Use.  Do not continue to use this web site if you do not accept all of these Terms of Use stated on this page.

 

Purpose of Site

This site is intended to provide information about residential condominiums.  The information and services offered on or through this Site are provided solely for general business information, do not constitute real estate, legal, tax, accounting or other professional advice, or an offer to sell or lease real estate, and may not be used for or relied upon for these purposes.  For professional advice, you are encouraged to speak to a licensed professional.

 

Services

The information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through this Site (collectively, the “Content”) are proprietary to ClearCondos and are protected by copyright and other intellectual property laws.  All rights are expressly reserved.

 

Acceptable Use

You must not use this Site in any way that causes, or may cause, damage to this Site or impairment of the availability or accessibility of this Site or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities on or in relation to this website without ClearCondos’ express written consent.  This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’
  • Or other activities deemed inappropriate by ClearCondos

 

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

 

You must not use this website for any purposes related to marketing without the express written consent of this Site.

 

Restricted Access

Access to certain areas of this website is restricted. We reserve the right to restrict access to certain areas of this website or, at our discretion, this entire Site may change or modify this policy without notice.

 

If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential and not shared. You alone are responsible for your password and user ID security.

 

We may disable your user ID and password at our sole discretion without notice or explanation.

 

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to ClearCondos a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to ClearCondos the right to sub-license these rights, and the right to bring an action for infringement of these rights.  Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or ClearCondos or a third party (in each case under any applicable law).  You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

We reserve the right to edit or remove any material submitted to this website, or stored on the servers of ClearCondos, or hosted or published upon this website.

 

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

Links

You may provide a hyperlink to the home page of this Site, which is www.clearcondos.com, provided that you must remove any such link upon request from ClearCondos.

 

Information on the Information on this Site

This Site is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information.  Any reliance upon this Site or any of its accurate provided on it shall be at your own risk.  We are not responsible if this Site or any of its Content is not accurate, complete or current.  We do not have any responsibility for the direct or indirect consequence from any action or inaction that you take based on this Site or any of its Content.

 

No Warranties

This website is provided “as is” without any representations or warranties, express or implied.

 

Although ClearCondos attempts to provide accurate information, we provide no warranties whatsoever.  We cannot and do not represent, warrant or covenant that this Site or any of its Content is accurate, complete, current, or timely; that this Site and your access to it will always be uninterrupted or error-free; and/or errors or defects in this Site or any of its Content will be correct.

 

ClearCondos disclaims any and all representations, warranties or guarantees of any kind, whether express, implied or statutory.

 

Any reliance upon this Site or any of its Content is at your own risk and ClearCondos makes no warranties.

 

ClearCondos reserves the right to restrict or terminate your access to this Site at any time.

 

Limitation of Liability

IN NO EVENT WILL ANY OF CLEARCONDOS BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY SERVICE WHETHER DIRECT OR INDIRECT; THE ACCESS, USE OR OPERATION OF THE SITE OR ANY SERVICE; OR ANY DEFECTS OR ERRORS OF ANY KIND IN THE SITE OR ANY SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF THE SITE AND SERVICES WHETHER DIRECT OR INDIRECT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF CLEARCONDOS PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY SERVICES.

 

NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF CLEARCONDOS FOR ANY AND ALL REASONS TO ANY PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR ANY OF ITS CONTENT, THESE TERMS OF USE, OR A SEPARATE LICENSE AGREEMENT EXCEED THE TOTAL AMOUNT OF LICENSE FEES ACTUALLY PAID TO CLEARCONDOS UNDER THE RELEVANT LICENSE AGREEMENT BETWEEN THE RELEVANT CLEARCONDOS CLIENT AND CLEARCONDOS DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR THE CLEARCONDOS CLIENT OR ANY OTHER PARTY FOR ANY APPLICABLE DAMAGES.

 

Indemnification

You agree to defend, indemnify, and hold harmless ClearCondos from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of (i) your use of the Site or any of its Content, (ii) any distribution, publication, refusal to publish, deletion, editing or other use of the content you provide, (iii) your violation of these Terms and Conditions, (iv) your violation or infringement of any third party’s rights, or (v) any actual, prospective or terminated sale or other transaction between you or any party represented by you and any third party.

 

Ownership

You acknowledge that ClearCondos shall retain exclusive ownership of all proprietary rights in or to this Site and any of its Content.  You have no right or interest in any portion of this Site or any of its Content except the right to use this Site as set forth in these Terms of Use.

 

Jurisdiction

ClearCondos is headquartered in the District of Columbia of the United States.  These Terms of Use and your use of this Site shall be governed by the laws of the District of Columbia without regard to its conflicts of laws principles.  Unless otherwise agreed to in writing, the federal and local courts located in the District of Columbia shall be exclusive jurisdiction for any action brought against ClearCondos in connection with these Terms of Use or use of this Site.  You irrevocably consent to the jurisdiction and venue of the federal and state courts located in the District of Columbia, and to the jurisdiction of the federal, provincial and/or state courts located in any State or Province where you are located, for any action brought against you in connection with these Terms of Use or use of this Site.

 

Changes to These Terms

We reserve the right, in our complete and sole discretion, to change these Terms of Use at any time by posting revised terms on this Site.  It is your responsibility to check periodically for any changes we may make to this Site and these Terms of Use.  Your continued use of this Site following the posting of changes to these terms or other policies means you accept the changes.

 

Entire Understanding

These Terms of Use contain the entire understanding of the parties with respect to this Site and supersede any prior oral or written statements and documents with respect to such subject matter.