Terms of Service
1. Acceptance of Terms of Service
neourbanist.com provides real estate information service (“Service” or “Services”) and general information to the public as a way for the public to pursue the informational and commercial exchange the Internet affords. Neourbanist provides the following Terms of Service (“TOS”) as a guide to the public’s rights and responsibilities when utilizing Services offered by neourbanist.com. Use of any Service offered by neourbanist.com, Inc by any member of the public will constitute acknowledgment of and agreement to the TOS outlined in this document. If you, as a member of the public, do not agree to these TOS, do not use the Service.
All Services provided by neourbanist.com may be used for lawful purposes only. Neourbanist.com will not be responsible for injury or liability to any member of the public resulting from communications, which may be offensive, misleading, illegal, or otherwise unsuitable in the view of the reader.
Also, all content on www.neourbanist.com including but not limited to text, APIs, graphics, photographs, trademarks, logos, sounds, artwork and computer codes and also the design, structure, selection, coordination, and arrangement of such content is owned by neourbanist.com, and is protected by trade dress, copyright, trademark laws, and various other intellectual property rights and unfair competition laws. Nothing herein shall be construed to grant you any right, title or interest in or to any such intellectual property, and you agree that you shall not at any time make any claim to any right, title or interest in or to such intellectual property.
You may use information on neourbanist.com products and services (such as data sheets, help center articles, and similar materials) purposely made available by neourbanist.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to www.neourbanist.com may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
4. Links to Other Sites
This website and products may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under neourbanist.com’s control, and neourbanist.com is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
5. Copyright Information
This document and all portions of the neourbanist.com website, including images, text, and scripts where ownership is not held by third parties are copyrighted by neourbanist.com. No portion of this website or the Content contained within may be reproduced in any form, or modified or otherwise altered for use by any party without the express permission of neourbanist.com. Nothing herein shall be construed to grant you any right, title or interest in or to any such intellectual property, and you agree that you shall not at any time make any claim to any right, title or interest in or to such intellectual property. Violations of the copyright held by neourbanist.com on any material from this website may be reported to firstname.lastname@example.org
Client agrees to indemnify and hold neourbanist.com, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of use of or connection to the Service, violation of these TOS, or violation of any rights of another.
7. Limitation of Liability
NEOURBANIST.COM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEOURBANIST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE INFORMATION CONTAINED HEREIN; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
8. DISCLAIMER OF WARRANTIES
THE PUBLIC’S USE OF THE WEBSITE IS AT THE PUBLIC’S SOLE RESPONSIBILITY AND RISK. THE WEBSITE PROVIDES INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEOURBANIST.COM AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
NEOURBANIST.COM AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT PUBLIC’S OWN DISCRETION AND RISK AND PUBLIC WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE PUBLIC FROM NEOURBANIST.COM OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
9. Law and Arbitration
The laws of the State of California shall govern this agreement and TOS without giving effect to any principles that may provide the application of the law of another jurisdiction. Client agrees to submit to the personal jurisdiction of the state courts and federal courts located within the State of California for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with this agreement and TOS shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, neourbanist.com may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
10. Void Where Prohibited
Neourbanist.com administers and operates the site from its location in Sacramento, California USA. Although the site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Neourbanist.com reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
11. Feedback and Information
Any feedback you provide shall be deemed to be non-confidential. Neourbanist.com shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.