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THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT
CAREFULLY
1. Scope of Agreement: Under this Agreement ("Agreement"), propertyzoom.com
("we", "our" or "us") makes available on-line property/real estate information
and services (the "Service") to registered subscribers or authorized users
("you", "your" or "subscriber"). By selecting "I ACCEPT" when registering or if
you use the Service, you agree to be bound by this Agreement. The term "use"
means the use and availability of, access to, transmission to or from or any
exchange of information or communication in connection with or arising from the
Service. This is the entire agreement between you and us, superseding prior
agreements regarding its subject matter. Whenever new products or services
become available, your use of them will be under this Agreement unless we
notify you otherwise. You must comply with any additional terms, which apply to
third-party content, software or other services. We may change this Agreement
at any time and we will send you notice of any changes, usually through the
email. Changes will take effect 30 days after we send you notice ("effective
date"). If any change is not acceptable, you may terminate your subscription as
described below, but using the Service after the effective date means you
accept the changes.
2. Subscription Information: You will provide us with accurate and complete
registration information and advise us promptly of any changes. If you don't,
you will be in breach of this Agreement allowing us to immediately terminate
your subscription and use of the Service. When you register, you will receive a
user name and password which we may assign or allow you to select. You may not
select a user name, which violates anyone's rights or one, in our sole
discretion, we consider offensive, improper or inappropriate. If you do, we can
modify or delete it.
3. Charges and Billing Practices: Current subscription rates and charges are
available by telephone at +603-6203-2000 or by email at
inquiry@propertyzoom.com or by viewing "Subscription" on our
home page. Payment for your subscription is due monthly in advance (if you
select the annual plan, annually in advance). If you decide to cancel your
annual subscription after 30 days, you will not be entitled to a refund. You
are responsible for all use, activities and charges associated with or arising
from your subscription and use of the Service, including any unauthorized
charges or use under your subscription, user name and/or password. Unless we
notify you otherwise, payment for use of services available for a separate
charge will be invoiced or charged to you monthly after your use. Taxes and
other government charges or fees are your responsibility and will be added and
billed to your account. If you pay us by credit card or other payment
instrument or by allowing us to withdraw funds from an account designated by
you ("your account") and we do not obtain full payment, you agree to pay all
amounts due upon our demand. Each time you use the Service you reaffirm your
authorization to us to charge or withdraw funds from your account. You will be
liable for attorneys' and collection fees if we have to collect unpaid amounts
you owe us. If your subscription ends, you will immediately pay us any
outstanding balance on invoices we send you. If you do not notify us of
discrepancies within 90 days after they first appear on any statement we send
you, you will be considered to have accepted the amounts due to be correct. We
may refer to such acceptance if we receive any inquiries from you or relating
to your account, any judicial, regulatory or governmental authority or anyone
else. You release us from all liability and claims of loss resulting from any
error or discrepancy that is not reported to us within 90 days of our sending a
statement to you or from when we otherwise give you notice, whichever is
sooner. WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO CHANGE OUR
SUBSCRIPTION FEES AND BILLING METHODS OR SEPARATE CHARGES FOR INFORMATION,
MATERIAL (DEFINED BELOW) OR SERVICES. WE WILL NOTIFY YOU OF IN ADVANCE AND IF
ANY CHANGES ARE NOT ACCEPTABLE, YOU MAY TERMINATE YOUR SUBSCRIPTION AS
DESCRIBED BELOW.
4. Rights and Responsibilities: The Service presents information, data, content,
news, reports, programs, video, audio and other materials and services,
communications, transmissions and other items, tangible or intangible, which
are referred to as "Materials." Materials can be furnished, made available
and/or accessible from one party to another and they can be perceived either
directly or with the aid of a machine, program or device and can be owned by
us, provided through an arrangement we have with others or which may be
accessed through use of the Service. You have no rights in or to the Material
and you will not use Material, except as permitted under this Agreement. You
will not violate our rights, the rights of any third party or any laws and
regulations. Unless we give you written permission, you may only use and
access, download and copy our Material (and print out one copy) for your
personal use, keeping all our copyright and other notices on the Material. You
may not do or allow anyone else to do anything with the Material which is not
specifically permitted in this Agreement. You agree to comply with all notices
and requirements accompanying third-party Material. You may not use or allow
others to use, your subscription, user name, password or the Service, directly
or indirectly, nor upload, distribute, transmit, communicate, link to, publish
or access any material or information through, using or otherwise in connection
with the Service, that: (a) is libelous, defamatory, vulgar or obscene,
pornographic, sexually offensive or explicit, harmful or harassing,
threatening, hateful, racially, culturally, ethnically or otherwise
objectionable or offensive, discriminatory or abusive; (b) violates any law or
regulation or the rights of others; (c) causes duress, distress or discomfort
to another; or (c) infringes any intellectual property, proprietary rights or
confidentiality obligations of others. You are solely responsible and liable
for any such activity or conduct. We have no liability and you bear the sole
and exclusive risk associated with use of or reliance on the accuracy,
completeness, currentness or usefulness of any Material in connection with your
subscription, user name or password. Although we do not pre-screen, we reserve
the unconditional right to remove Material we consider harmful, offensive, in
violation of law, regulation or any agreement. You also may not, nor allow
others to use, your subscription, user name, password or the Service, directly
or indirectly, to: (a) attempt to or actually disrupt, impair or interfere
with, alter or modify the Service or any Material; (b) act in a way that
affects or reflects negatively on us, the Service, or any other; (c) transmit
or communicate any advertising, promotion or solicitation; (vi) collect or
attempt to collect any information of others, including passwords, account or
other information.
5. Information About You: "Personal information" means any information relating
to your subscription and use of the Service and which specifically identifies
you or your account. We may store and use your personal information for our own
internal purposes and we reserve the right to access, monitor and retrieve
password-protected information for compliance with this Agreement. We will not
disclose your personal information, except as described in this Agreement, nor
will we disclose information to others that would connect your user name with
your actual name unless we are compelled by law. In our sole discretion, we
still reserve the right to make exceptions, whenever we believe an emergency,
illegal activity or some other reasonable basis exists for notifying or
providing such information to the appropriate authorities. We sometimes
aggregate information about our subscribers and you agree we can make such
statistical information available to others, as long as we don't identify you.
6.Limited Liability and Warranty: You are entirely liable for activities
conducted by you or anyone else in connection with your subscription and use of
the Service. You must keep your user name and password secret and not disclose
it to others. You may not allow others to use the Service, your subscription,
user name or password. If you do, you: (i) assume all responsibility and
liability associated with such use; and (ii) indemnify and hold us harmless for
any such use. We do not warrant the accuracy, completeness, currentness or
other characteristics of any Material available on or through our Service. We
will not be liable for any loss or injury resulting directly or indirectly from
our Service, whether or not caused in whole or in part by our negligence or by
contingencies beyond our control. Neither we, nor our suppliers, are
responsible or liable, directly or indirectly, for any loss or damage caused by
use of or reliance on or inability to use or access any of our Services,
Material, content, information, goods or services. YOUR ACCESS TO AND USE OF
OUR SERVICE, IS AT YOUR SOLE RISK AND ARE PROVIDED "AS IS," "AS AVAILABLE." THE
SERVICE IS FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE OR OTHERWISE, IS
REPLACEMENT OF DEFECTIVE GOODS OR REPORFORMANCE OF DEFECTIVE SERVICES. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF
LIABILITY, IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT
OR SERVICE OFFERED THROUGH US OR OUR SERVICE. WE ARE NOT AND WILL NOT BE A
PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
7.Indemnification: You agree to defend, indemnify and hold us, our employees,
agents, officers, directors, agents, contractors, suppliers and other
representatives harmless from and against all liabilities, damages, claims,
actions, costs and expenses (including attorneys' fees), in connection with or
arising from your breach of this Agreement and/or your use of the Service. We
may, if necessary, participate in the defense of any claim or action and any
negotiations for settlement. No settlement which may adversely affect our
rights or obligations shall be made without our prior written approval. We
reserve the right, at our own expense and on notice to you, to assume exclusive
defense and control of any claim or action and then corresponding
indemnification obligation will end.
8. Termination: We or you can terminate your subscription at any time on 30 days
notice. Termination is your sole right and exclusive remedy if you are not
satisfied with our Service. We can terminate this Agreement, restrict or
terminate your access to and use of the Service immediately and without notice
or liability, if you breach this Agreement in any way, and it will not limit
any other rights available to us. You can terminate your subscription by
notifying our customer service at 03-6203-2000, or by sending your cancellation
request via email to inquiry@propertyzoom.com
Termination will take effect no later than 30 days after we receive your
notice. If your subscription ends, you will not be entitled to any refund or
credit. Any delinquent or unpaid amounts must be paid in full before you may
re-register or re-subscribe to our Service. If your right to use the Service
terminates, you may not use the Service without our express permission. You may
not allow anyone else whose subscription was terminated to use the Service
through your subscription, user name or password.
9. Pricing Information. Current rates for using our Services may be obtained by
calling our Customer Services Department at +603-6203-2000. We reserve the
right to change fees, surcharges, monthly or other periodic subscription fees
or to institute new fees at any time upon 30 days' notice, as provided in this
Agreement.
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