Terms and Conditions
This Terms of Service Agreement (hereinafter "Agreement") sets forth the contractual agreement between www.ClovisRealEstateAgents.com (referred to collectively as "ClovisReaEstateAgents.com", "service", "we", “our”, and the "Website") and you (referred to collectively as "you", "user", “advertiser” and "customer"), regarding your access and use of the ClovisRealEstateAgents.com website.
The following are the terms and conditions applicable to your access and use of the Website and the services offered by ClovisRealEstateAgents.com. The terms and conditions also apply to any new services which may be offered by the Website anytime in the future.
The Website and all related services offered through ClovisRealEstateAgents.com are offered to you conditioned on your acceptance without any modification to the terms and conditions contained in this greement. If you do not accept the terms and conditions contained in the Agreement in their entirety, you are not authorized to view or use this website.
From time to time, we may revise this Agreement, so please be sure to periodically check the date of the last revision, which will be noted at the top of this page. By visiting our Website, you are acknowledging and accepting this Agreement. Your continued use of the Website after changes have been posted to the Agreement will constitute your acceptance of any such changes.
Disclaimer: ClovisRealEstateAgents.com is only a venue
ClovisRealEstateAgents.com acts as a venue for agents, sellers, consumers and readers to advertise property, land and businesses for sale and to local and international buyers to express interest in and learn more about those properties and or ventures. Our listing of businesses for sale and expressions of interest from buyers are not, and shall not be deemed to be, an offer to sell or a solicitation of an offer to buy any securities. We are not involved in the actual transaction between buyers and sellers. Therefore, all users of our site agree to be responsible for the legal and regulatory compliance of any transaction they enter into, and ClovisRealEstateAgents.com makes no representation or assurance about such compliance. While this Agreement requires that users provide accurate and complete information about themselves and businesses they list for sale or express interest in, ClovisRealEstateAgents.com cannot and does not confirm each user's identity and makes no inquiries about the truth or accuracy of residential, land, business or business opportunity listings on ClovisRealEstateAgents.com. As a result, we have no control over the truth or accuracy of the listings, the ability of sellers to sell the property listed or the ability of buyers to buy the property they express interest in. Moreover, we cannot ensure that a buyer or seller will actually complete a transaction.
Acceptable Use Policy
As consideration for use of the Website pursuant to this Agreement, you agree to the following stipulations relating to acceptable use of the Website. You agree not to use the Website to:
- Collect email addresses or other contact information of other users of ClovisRealEstateAgents.com by electronic or other means to send unsolicited emails or other unsolicited communications;
- Use ClovisRealEstateAgents.com in any unlawful manner or in any other manner that could damage, disable, or impair the Website;
- Use automated scripts to collect information from or otherwise interact with ClovisRealEstateAgents.com;
- Post, upload, transmit, share, store, or otherwise make available any content that we deem to be unlawful, defamatory, infringing, harmful, threatening, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- Post, upload, transmit, share, store, or otherwise make publicly available on ClovisRealEstateAgents.com any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Post, upload, share, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intimidate or harass another;
- Post, upload, transmit, share, store, or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Use or attempt to use another's account, service or system without authorization from ClovisRealEstateAgents.com, or create a false identity on ClovisRealEstateAgents.com.
- Post, upload, transmit, share, store, or otherwise make available content that, in the sole judgment of ClovisRealEstateAgents.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose ClovisRealEstateAgents.com or its users to any harm or liability of any type.
ClovisRealEstateAgents.com may suspend, terminate, cancel, or delete any and all listings, services and your account for any reason, or no reason, at any time in its sole discretion, with or without notice. Upon termination of your account, your right to use the Website and or www.ClovisRealEstateAgents.com’s services will immediately end. The provisions in this Agreement that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Submission and Administration of Advertisements
Advertiser agrees not to submit any business descriptions, photographs, financial, contact or other information to ClovisRealEstateAgents.com unless advertiser has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the business on the advertiser's website or on the ClovisRealEstateAgents.com website. Advertiser agrees not to submit any image to ClovisRealEstateAgents.com that contains inappropriate content. ClovisRealEstateAgents.com may, in its sole discretion, but without any obligation to search for such, remove a residential, vacation real estate or business advertisement ("business", “advertisement”, “ad” or “residential”, “multi-family” "listing") that is alleged to have been submitted in violation of this provision. In addition, ClovisRealEstateAgents.com may require additional evidence of compliance with this provision from advertisers who are alleged to have submitted ads or other information in violation of this Agreement. Each ad purchased by advertiser on ClovisRealEstateAgents.com is permitted for one property or business opportunity for sale opportunity/entity/seller/agent, and may not be changed or edited in an attempt to sell a different business entity. ClovisRealEstateAgents.com will, in its sole discretion, terminate the accounts of, and refuse service to, any advertiser who repeatedly or knowingly violates this Agreement. Additionally, the advertiser agrees to allow the ad, or any part of it, to be searched, accessed, displayed, copied, downloaded, and otherwise referred to by users of the advertiser's website or the ClovisRealEstateAgents.com website. ClovisRealEstateAgents.com has the sole authority to choose the manner in which any business will be displayed, searched, downloaded, accessed, copied, and otherwise used on the ClovisRealEstateAgents.com website and ClovisRealEstateAgents.com shall have the right to modify the ad in the exercise of its rights under this Agreement. Advertiser represents and warrants that all Properties, Commercial and Businesses with associated information provided by advertiser will be accurate and that the accuracy of the ads will be maintained at all times. In the event that the advertiser is not the owner of the advertised business, then advertiser agrees that a business will not be posted on the Website without the permission of the owner of such property or business opportunity through a duly executed listing agreement with the owner of such property or business. ClovisRealEstateAgents.com reserves the right to remove all or any part of the ads posted on the ClovisRealEstateAgents.com website. ClovisRealEstateAgents.com accepts no responsibility for checking the accuracy of reports or data files submitted by advertiser. While ClovisRealEstateAgents.com shall take all reasonable efforts for data backup and business resumption, advertiser will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to ClovisRealEstateAgents.com.
Customer agrees to pay for all products and services ordered through the ClovisRealEstateAgents.com website using the payment method indicated and provides ClovisRealEstateAgents.com express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of ClovisRealEstateAgents.com products, services, subscription, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, ClovisRealEstateAgents.com may immediately cease to provide any and all Deliverables to the Customer. The fees paid for Deliverables are non-refundable, regardless of whether the Deliverables are terminated prior to the end of the current term. Customer may cancel or downgrade their Deliverables at any time using the options described in the Help section of the website. ClovisRealEstateAgents.com reserves the right to change its fees or billing methods at any time. ClovisRealEstateAgents.com will provide timely notice to the affected Customers of any such changes. It is the Customer's responsibility to promptly provide ClovisRealEstateAgents.com with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
Privacy and Confidentiality
- In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Information"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Information, and any other information you provide to ClovisRealEstateAgents.com, to keep the information updated, accurate, and complete; and (d) be fully responsible for any and all use of your account and for any actions that take place using your account.
Information Posted on ClovisRealEstateAgents.com
- ClovisRealEstateAgents.com does not endorse any information posted by users and we are not liable for any such information posted on our website, including but not limited to any information posted about you. ClovisRealEstateAgents.com reserves the right to take any action with respect to information posted on our website which we believe is appropriate in our sole discretion with respect to such information, including but not limited to termination of this Agreement. However, we cannot, and do not, control the information provided by you or other users or other content providers which is made available through our website and services. Other users’ information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. Information on the ClovisRealEstateAgents.com website is provided "AS IS" "WHERE IS," and may contain errors.
- ClovisRealEstateAgents.com provides links to other websites as part of various services and content on this website. The links include those submitted by the users of this website. These links will allow you to leave this website. These websites are independent from ClovisRealEstateAgents.com and that ClovisRealEstateAgents.com has no control over the content of any such websites. ClovisRealEstateAgents.com is NOT RESPONSIBLE OR LIABLE for any content on or any changes to these external websites. ClovisRealEstateAgents.com makes no representations whatsoever about any website that you may access through ClovisRealEstateAgents.com.
- You understand and agree that by ClovisRealEstateAgents.com providing a link to an external website (any website outside the ClovisRealEstateAgents.com domain), ClovisRealEstateAgents.com DOES NOT ENDORSE OR ACCEPT ANY RESPONSIBILITY for the content, or the use of such websites. You also understand that it is solely your responsibility to make sure that any external website you may access through the ClovisRealEstateAgents.com website or services is free from any content of destructive nature including but not limited to robots, viruses, trojans, and worms. ClovisRealEstateAgents.com is not responsible or liable for any material or transmission that you may receive (both electronic and non-electronic) from any of these other websites. ClovisRealEstateAgents.com WILL IN NO EVENT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR USE OF ANY HYPER LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOSS OF ANY DATA OR OTHER PROGRAMS, ANY LOST PROFITS, ANY LOST BUSINESS OR LOSS OF ANY OTHER NATURE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
Relationship of Parties
Your relationship and correspondence with any third party you encounter through your use of the Website, including any transaction you may enter into to buy or sell a business listed on the website, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree not to hold ClovisRealEstateAgents.com 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 parties on the Website.
The Website and all intellectual property rights related to the Website, and all information obtained from the website, including but not limited to copyrights, trademarks, service marks, and any feedback left by users on the Website, are owned or licensed by ClovisRealEstateAgents.com, and all right, title, and interest in the Website and the related intellectual property rights remain the property of ClovisRealEstateAgents.com. You may not reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Website or any related intellectual property, including any services or disclaimers provided via the Website.
Risk, Error, Disclaimer
ClovisRealEstateAgents.com makes reasonable efforts to run its services without errors or in-accuracies on its website, it makes no representations as to the accuracy, completeness, error free nature of services/material, timeliness, and you should not rely upon it. By using the ClovisRealEstateAgents.com website you agree that its information and services are provided "as is" "where is" without warranty, express or implied of any kind. ClovisRealEstateAgents.com does not take any responsibility or liability for any content available through any links from the ClovisRealEstateAgents.com website. YOU AGREE TO USE THIS WEBSITE, ANY OR ALL OUR SERVICES PROVIDED ON IT, OR LINKS FROM OUR WEBSITE AT YOUR OWN RISK AS IS WHERE IS. ClovisRealEstateAgents.com is not responsible or liable for any LOSS WHATSOEVER that you may incur by using our services or any material from our website.
Protection of Copyrights and Trademarks
The Website contains trademarks and other material designed or furnished by ClovisRealEstateAgents.com, its licensors, and other users. You should assume that everything you see or read in publicly viewable areas of the Website that was not furnished or received by you (such as images, photographs, illustrations, text, and other materials) ("Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any of the Content in any way for any public or commercial purpose without prior written consent of ClovisRealEstateAgents.com or the rights holder. You may not use the Content on any other website or in a networked computer environment for any purpose except your own personal viewing.
Notice and Procedure for Making Claims of Copyright Infringement
ClovisRealEstateAgents.com respects the intellectual property of others. Upon receipt of notices of alleged infringement complying or substantially complying with the Digital Millennium Copyright Act ("DMCA"), ClovisRealEstateAgents.com may remove or disable access to any material claimed to be infringing.
Notification of Alleged Copyright Infringement
If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide ClovisRealEstateAgents.com’s Designated Agent with substantially the following information pursuant to the DMCA:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that you claim has been infringed;
- Information sufficient for us to identify the copyrighted work(s) that you claim has been infringed;
- Information sufficient for us to identify where the material that you claim is infringing is located on the ClovisRealEstateAgents.com website, with enough detail that we may find it on the Website;
- Your email address, telephone number, and address;
- A statement by you that you have a good faith belief that the complained of use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The ClovisRealEstateAgents.com designated Agent for notice of claims of copyright infringement can be reached as follows:
1175 Shaw Ave # 104 & 322
Clovis, CA 93611-93612
If you believe your own copyrighted work has been removed from our Website do to a mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to the DMCA. To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of
Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of the alleged copyright infringement or an agent of such person.
ClovisRealEstateAgents’s Designated Agent for counter notification under the DMCA can be reached as follows:
Attn: Etchart Enterprises / Editor
1175 Shaw Ave. # 104 & 322
Clovis CA 93611-93612
ClovisRealEstateAgents.com is not directed toward children under age 13 and we do not knowingly collect information from children under age 13. If you are under 13, please do not submit any personally identifiable information to ClovisRealEstateAgents.com.
You shall not sell, transfer, or assign this Agreement without the prior written consent of ClovisRealEstateAgents.com. Any unauthorized transfer or assignment shall be construed null and void; provided, however, that any such assignment shall not relieve user of its obligations under this Agreement. ClovisRealEstateAgents.com has the right to transfer or assign this Agreement to any other person or entity without your consent.
Modification of Service
ClovisRealEsatteAgents.com reserves the right to modify, add, or remove any and all content, services, and features of the Website at any time without prior notice. You agree that ClovisRealEstateAgents.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any content contained on the Website.
• The services provided by ClovisRealEstateAgents.com are "AS IS," "WHERE IS."
• You represent that you have the right and/or full corporate power and authority to enter into this Agreement.
CLOVISREALESTATEAGENTS.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED BY BUYBUSINESSES.COM UNDER THIS AGREEMENT.
IN ADDITION, CLOVISREALESTATEAGENTS.COM OR ITS OTHER WEBSITE VENTURES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE RELIABILITY, IDENTITY, OR QUALITY OF ANY USER, COMMENT, VOTE OR THIRD PARTY YOU MAY ENCOUNTER ON OUR WEBSITE, NOR DOES BUYBUSINESSES.COM MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY POSTINGS MADE ON THE WEBSITE BY ANYONE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CLOVISREALESTATEAGENTS.COM, ITS AFFILIATES, OR ANYONE INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING SERVICES FOR THE WEBSITE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR LOST PROFITS OR DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE CLOVISREALESTATEAGENTS.COM SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CLOVISREALESTATEAGENTS.COM RECORDS, PROGRAMS OR SERVICES, EVEN IF CLOVISREALESTATEAGENTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, CLOVISREALESTATEAGENTS.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU GRANT CLOVISREALESTATEAGENTS.COM ALL RIGHTS TO DELETE, RE-USE OR USE IN ANY WAY THE DATA, INFORMATION OR ANY OTHER MATERIAL (ELECTRONIC OR NON-ELECTRONIC) THAT IS SENT BY YOU TO OUR WEBSITE THROUGH ANY OR ALL OF OUR SERVICES. YOU AGREE THAT YOU ARE GRANTING FULL, NON-REVOCABLE, ROYALTY FREE RIGHTS TO ANY MATERIAL POSTED BY YOU TO OUR WEBSITE.
You agree that you shall indemnify, defend, and hold harmless ClovisRealEstateAgents.com and its officers, directors, employees, agents, owners, and shareholders from and against any costs, expenses (including, among other expenses, reasonable attorneys' fees and expenses), losses, damages (specifically including, but not limited to, incidental, consequential, exemplary, special, indirect, or punitive damages), suits, claims, or liabilities incurred and arising from or relating to: 1) your use of the Website of ClovisRealEstateAgents.com’s services; 2) content you submit, post to, or transmit through the Website; or 3) your violation of any of the terms of this Agreement, any applicable laws, or the rights of any Third Party.
Interpretation and enforcement of this Agreement shall be governed by the laws of the Commonwealth of Kentucky. You consent to jurisdiction in the federal and state courts within Jefferson County, Kentucky, for any action arising out of or relating to your use of the Website or ClovisRealEstateAgents.com’s services. The federal and state courts of Fresno County, California, shall have exclusive jurisdiction over all such actions. If any provision of this Agreement shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of any of the remaining provisions of this Agreement.
The parties acknowledge that this agreement, and any modifications to this agreement, constitute the complete agreement regarding this subject and supersede any prior oral or written communications relating to this subject.
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January 2, 2009
We may sell some or all or our assets in the future. In such transactions, customer information is normally one of the transferred business assets. In the event of a sale of our assets including our database, customer information will of course be one of the transferred assets.
Information Collection and Use
We may ask for and collect from you personally identifiable information throughout the Website. Depending on the information and/or services you request, you may be asked to provide your name, email address, and other pertinent information.
In addition to the information you knowingly provide, ClovisRealEstateAgents.com automatically receives and records information from your computer and browser when you visit the Website, including referring links and your IP address, as well as statistics (e.g., the type of web browser and operating systems used by you) We collect this information to operate ClovisRealEstateAgents.com more efficiently, to administer the Website and to market our services.
We may use information we collect from you to: 1) provide you with personalized web-content; 2) process and respond to inquiries; 3) improve the content on the Website; 4) improve the navigability on the Website; 5) to enforce our Terms of Service agreement; and 6) for reason that you provided the information to us.
ClovisRealEstateAgents.com attempts to protect your personal information against loss, alteration, and misuse. Our servers are protected by reasonable physical and electronic security measures.
We may use third-party advertising companies to provide advertisements when you visit ClovisRealEstateAgents.com. These companies may collect and use information (not personally identifying) about your visits to ClovisRealEstateAgents.com to provide advertisements about goods and services that may be of interest to you.
Links to Other Websites
ClovisRealEstateAgents.com is not directed toward children under age 13 and we do not knowingly collect information from children under age 13. If you are under 13, please do not submit any personally identifiable information to ClovisRealEstateAgents.com.