Disclaimer / Terms of Use
© 2010 Space Center, Inc. Disclaimer:
We
obtained the information above from sources we believe to be reliable.
However, we have not verified its accuracy and make no guarantee,
warranty or representation about it. It is submitted subject to the
possibility of errors, omissions, change of price, rental or other
conditions, prior sale, lease or financing, or withdrawal without
notice. We include projections, opinions, calculations, assumptions or
estimates for example only, and they may not represent current or future
performance of the property. You and your real estate, tax and legal
advisors should conduct your own investigation of the property and
transaction.
Terms of Use
(Effective as of November 1, 2010)
(Effective as of November 1, 2010)
Please read the following carefully and in its entirety.
This
Space Center, Inc. Terms of Use agreement (this “agreement”) is a
legal agreement between you and Space Center, Inc. (“Space Center”,
“we”, “us” or “our”) providing, among other things, the terms and
conditions for your use of our web site accessible at http://www.spacecenterinc.com (the “site” or “website”).
We
may, from time to time, modify these Terms of Use and will post a copy
of the amended agreement on the site. If you do not agree to, or cannot
comply with, the agreement as amended, you should not use the site. You
will be deemed to have accepted the agreement as amended if you
continue to use the site after any amendments are posted on the site.
We reserve the right to refuse to provide our products and services to
anyone at any time.
This
agreement contains warranty and liability disclaimers. By using this
site, you accept and agree to the terms and conditions of this agreement
without any reservations, modifications, additions, or deletions. If
you do not agree to the Terms of Use contained in this agreement, you
are not authorized to use the site. You may be denied access to the
site, with or without prior notice to you if you do not comply with any
provision of this agreement.
1. Authorized users
1.1 Age
requirement; authority. In order to use the site, you must be at least
18 years of age. You represent that (i) you have read and understood,
and that you agree to be bound by, this agreement and (ii) you are at
least 18 years old. If you do not agree to, or cannot comply with, any
of these terms and conditions of this agreement, please do not attempt
to access this site.
1.2 Registration.
We reserve the right to restrict certain areas of information on this
site to our approved registered users. In the event that any area of
the site requires you to register with us prior to our granting you
access to such areas of the site, you agree to provide truthful
information, including but not limited to a member name and password as
well as your name, address, telephone number and a valid email address
(the “account information”). You agree to provide accurate account
information and to update your account information as necessary to keep
it accurate. Space Center will use your account information in
accordance with its privacy policy, which can be found posted on the
site, as described further in section 6 of this agreement. You are
solely responsible for maintaining the confidentiality of your member
name and password. You agree to notify us immediately of any
unauthorized use of your member name, password or account. Space Center
will not be responsible for any losses arising out of the unauthorized
use of your account and you agree to indemnify and hold harmless Space
Center, its partners, parents, subsidiaries, agents, affiliates and/or
licensors, as applicable, for any improper, unauthorized or illegal uses
of your account.
2. License to use the site
2.1 Grant
of license. Space Center grants to you a limited, non-exclusive,
non-transferable license to access and use the site in accordance with
the terms and conditions set forth in this agreement. Space Center
reserves all right, title and interest not expressly granted under this
license to the fullest extent possible under applicable laws. Any use
of the site not specifically permitted under this agreement is strictly
prohibited.
2.2 Restrictions.
You agree that you will not: (i) use the site to reproduce, transmit,
display or distribute copyrighted material in any medium or via any
method without Space Center’ express written permission; (ii) copy,
store, edit, change, prepare any derivative work of or alter in any way
any of the content provided on this site; or (iii) use our site in any
way that violates the terms of this agreement. The site is owned by
Space Center and is protected by United States of America copyright laws
and international treaty provisions. You will not sublicense, assign,
or transfer the license granted to you under this agreement. Any
attempt to sublicense, assign, or transfer any of the rights, duties, or
obligations in violation of the provisions of this agreement is void.
3. Other restrictions
You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the site; (c) send chain letters or pyramid schemes via the site; or (d) attempt to gain unauthorized access to other computer systems through the site. You agree that you will not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the site.
You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the site; (c) send chain letters or pyramid schemes via the site; or (d) attempt to gain unauthorized access to other computer systems through the site. You agree that you will not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the site.
4. Copyrights and other intellectual property
As between you and Space Center, you acknowledge that Space Center owns or has a license to all title and copyrights in and to the content provided on this site. All title and intellectual property rights in and to any licensed content provided on this site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
As between you and Space Center, you acknowledge that Space Center owns or has a license to all title and copyrights in and to the content provided on this site. All title and intellectual property rights in and to any licensed content provided on this site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
5. Trademarks and third-party trademarks
The following are registered trademarks or trademarks of Space Center: Space Center and its design logo, as well as certain other Space Center trademarks, service marks, graphics, and logos (collectively, the “Space Center trademarks”) used in connection with Space Center’ provision of products and services. The site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the Space Center trademarks or the trademarks of any third party.
The following are registered trademarks or trademarks of Space Center: Space Center and its design logo, as well as certain other Space Center trademarks, service marks, graphics, and logos (collectively, the “Space Center trademarks”) used in connection with Space Center’ provision of products and services. The site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the Space Center trademarks or the trademarks of any third party.
6. Privacy policy
Unless otherwise addressed in this agreement, your use of this site is subject to Space Center's Privacy Policy, which is incorporated by reference and made a part of this agreement. It is important that you read and understand the terms of Space Center's privacy policy. Space Center may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this site.
Unless otherwise addressed in this agreement, your use of this site is subject to Space Center's Privacy Policy, which is incorporated by reference and made a part of this agreement. It is important that you read and understand the terms of Space Center's privacy policy. Space Center may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this site.
7. Submissions or other information
If you submit to us or post on the site any property listing, testimonial, comment, review, suggestion or any work of authorship (collectively a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
If you submit to us or post on the site any property listing, testimonial, comment, review, suggestion or any work of authorship (collectively a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
8. Term
This agreement will remain effective until terminated by you or terminated by us.
This agreement will remain effective until terminated by you or terminated by us.
9. Disclaimers
9.1 The
site (including all of its content) is provided to you “as is.” Any
use of this site is at your own risk. To the maximum extent permitted
by applicable law, Space Center disclaims all warranties, either express
or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement. Space Center makes no representations, warranties or
guarantees that this site will be free from loss, destruction, damage,
corruption, attack, viruses, interference, hacking, or other security
intrusion, and Space Center disclaims any liability relating thereto.
9.2 Space
Center makes no representations, warranties or guarantees that use or
results of the use of the site (including all of its content) is or will
be accurate, reliable, current, uninterrupted or without errors.
Without prior notice, Space Center may modify, suspend, or discontinue
any aspect or feature of this site or your use of this site. If Space
Center elects to modify, suspend, or discontinue the site, it will not
be liable to you or any third party.
9.3 All
property listing information contained within this site is subject to
the possibility of errors, omissions, change of price, rental or other
conditions, prior sale, lease or financing, or withdrawal without
notice. Any projections, opinions, assumptions or estimates contained
within this site are for example only, and such projections, opinions,
assumptions or estimates may not represent current or future performance
of a listed property. You and your tax and legal advisors should
conduct your own investigation of any property listed on this site and
any contemplated transaction concerning any property listed on this
site.
9.4 You
acknowledge that your submission of any information to us is at your
own risk. Space Center does not assume any liability to you with regard
to any loss or liability relating to such information in any way.
9.5 Some
of the content, products, and services available through the Space
Center site may include materials that belong to third parties. You
acknowledge that Space Center assumes no responsibility for such
content, products or services.
10. Limitation of liability
In no event will Space Center be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if Space Center has been advised of the possibility of such damages. No oral or written information or advice given by Space Center or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
In no event will Space Center be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if Space Center has been advised of the possibility of such damages. No oral or written information or advice given by Space Center or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
11. Indemnity
You will indemnify and hold Space Center, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the site.
You will indemnify and hold Space Center, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the site.
12. General
12.1 You
will be responsible for providing the dial-up, dsl, cable modem or
other form of internet access and any other hardware and software
necessary to access and use the site.
12.2 Space
Center complies with all applicable laws, including, but not limited
to, privacy laws and individual state laws with respect to the sale or
lease of real property. You agree that you will comply with all such
laws applicable to you.
12.3 Space
Center or its business partners may present advertisements or
promotional materials on or through the site. Your dealings with, or
participation in promotions of, any third-party advertisers on or
through the site are solely between you and such third party and your
participation is subject to the terms and conditions associated with
that advertisement or promotion. You agree that Space Center is not
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
third party materials on the site.
12.4 If
you know of, or suspect, copyright infringement, please send a notice
to Space Center; c/o Web Marketing Director; 2501 Rosegate, Saint Paul,
MN 55113-2717. The notice must contain all of the information set forth
in section 512(c)(3)(a) of the u.s. copyright act, 17 u.s.c. § 101 et
seq.
12.5 This
agreement will be governed by the laws of the state of Minnesota. The
exclusive jurisdiction for any claim, action or dispute with Space
Center or relating in any way to your use of the site will be in the
state and federal courts of the state of Minnesota and the venue for the
adjudication or disposition of any such claim, action or dispute will
be in the county of Ramsey, Minnesota.
12.6 Space
Center may send notices to you with respect to your use of the site by
sending an email message to the email address listed in your account
information, by sending a letter via the United States Postal Service to
the contact address listed in your account information, or by a posting
a note on the site when you access your account. You agree that we may
provide notice to you through such means. Unless otherwise stated in
the notices, the notices will become effective immediately.
12.7 General
contact information. For questions regarding this site or your use of
this site, please email us at [email protected], or call
651-604-4200.
You
acknowledge that you have read this agreement, understand it and will
be bound by its terms and conditions. You further acknowledge that this
agreement represents the complete and exclusive statement of the
agreement between us and that it supersedes any proposal or prior
agreement oral or written, and any other communications between us
relating to the subject matter of this agreement.