NameThatValue.com Terms of Use
Last updated September, 2004
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NameThatValue.com Site Terms
The
terms of use ("site terms") of NameThatValue.com's Web site ("site")
apply to your access and use of our site. They do not alter in any way
the terms or conditions of any other written agreement you may have with
us for other products or services. By accessing our site, you agree to
the terms and conditions of our site terms.
We reserve the right to change or modify any of the terms and conditions
contained in the site terms or any policy or guideline of the site, at
any time and in our sole discretion. If we decide to change our site
terms, we will post a new version on our site and update the date. Any
changes or modification will be effective when revisions are posted.
Your use of this site at any time following the posting of changes or
modifications will constitute your acceptance of the revised site terms.
If you do not agree to these site terms (including any referenced
policies or guidelines) as modified from time to time, please do not
access or use this site.
Other Policies or Terms
Privacy Statement. We believe in providing notice of how we
collect and use data, including personally identifying information, that
we collect from the site. We have adopted a Privacy Statement to which
you should refer to fully understand how we collect and use data.
Only a Forum
This site and the services offered herein are provided solely as a forum
and technical interface that connects homeowners with locally licensed
real estate agents, brokers, mortgage providers and other service
providers. We do not provide any real estate, appraisal or house-related
services, and do not hold ourselves out as being licensed to perform any
such services. We do not sponsor, endorse, recommend or approve of any
real estate agent, broker, mortgage provider or other service provider
offering services through this site. You should use your independent
judgment of the value of any individual, entity or information that you
find on or through, this site. While we try to confirm that
participating real estate agents, brokers, mortgage providers and other
service providers are licensed to perform their respective services, we
cannot and do not represent or warrant that any said provider offering
services through this site is licensed, qualified, or capable of
performing any such service.
It should also be noted that NameThatValue.com does not make any
assurance as to the timeliness or accuracy of the home evaluation, or
other related follow up, provided by the service provider. Furthermore,
if the requesting homeowner submits incomplete, insufficient or
inaccurate information, or if the completion of a home evaluation is in
conflict with real estate rules, laws or best practices, then an
evaluation may not be provided to the requesting homeowner.
Copyright and License
All copyrighted and copyrightable components on this site, including,
without limitation, the NameThatValue.com logo, the design, text,
graphics, pictures, sound files and other files, and the selection and
arrangement ("components") thereof are ALL RIGHTS RESERVED Copyright ©
2004 NameThatValue.com and/or its licensors. Except as stated herein,
none of the components may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or
by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written
permission of NameThatValue.com or the respective or subsequent copyright
owner.
You are granted a limited right that cannot be sub-licensed to access this site
and print the components for your personal, non-commercial, and
informational use only. Such grant does NOT include the right to and you
may not:
(a) copy, publish, display, publicly perform, or distribute any
components, including reproduction on any computer network or broadcast
or publications media;
(b) resell or make commercial use of the site or its components;
(c) systematically collect and use of any data or content including
the use of any data mining, robots, or similar data gathering and
extraction methods;
(d) make derivative uses of the site and its components;
(e) use, frame or utilize framing techniques to enclose any
NameThatValue.com trademark, logo or other proprietary information
(including the images found at this site, the content of any text or the
layout/design of any page or form contained on a page); or
(f) use information obtained from this site or from
NameThatValue.com
for commercial purposes, including without limitation, providing
referral services similar to NameThatValue.com.
Except for the limited license granted to you, you are not conveyed any
other right or license by implication, estoppel, or otherwise in or
under any patent, trademark, copyright, or proprietary right of
NameThatValue.com or any third party. Any unauthorized use of this site
will terminate the permission or license granted by these site terms and
may violate applicable law including copyright laws, trademark laws
(including trade dress), and communications regulations and statutes.
Trademarks and Service Marks
NameThatValue.COM, the NameThatValue.com logo, and the products and
services described in this site, including without limitation, are
either trademarks, service marks or registered trademarks of
NameThatValue.com and its suppliers and licensors, and may not be copied,
imitated or used, in whole or in part, without our prior written
permission or that of our suppliers or licensors. You may not use any
meta tags or any other hidden text utilizing a NameThatValue.com's name,
trademark, or product name without our permission. In addition, all page
headers, custom graphics, button icons, and scripts are service marks,
trademarks, and/or trade dress of NameThatValue.com, and may not be
copied, imitated, or used, in whole or in part, without our prior
written permission. All other trademarks, registered trademarks, product
names and NameThatValue.com names or logos mentioned herein are the
property of their respective owners.
Responsibility for Your Conduct
You shall remain solely liable for your conduct or any information that
you upload or transmit to this site. You agree to indemnify and hold
harmless NameThatValue.com from any claim, action, demand, loss, or
damages (including attorneys' fees) made or incurred by any third party
arising out of or relating to your conduct, your violation of these site
terms, or your violation of any rights of a third party. You shall not
provide false or misleading information to this site or submit
information under false pretenses. Without limiting anything else in
these site terms, NameThatValue.com may immediately terminate your access
to and use of the site, without penalty and without notice to you, if
you provide false or misleading information or submit information under
false pretenses to this site.
Linking to This Site
You are granted a limited, non-exclusive right to create a hyperlink to
this site provided such link does not portray NameThatValue.com or any of
its products and services in a false, misleading, derogatory or
otherwise defamatory manner. You may not use any NameThatValue.com logo
or other proprietary graphic or trademark of NameThatValue.com to link to
this site without our express written permission. This limited right may
be revoked at any time.
Third-Party sites. We make no claim or representation regarding, and
accepts no responsibility for, the quality, content, nature or
reliability of sites accessible by hyperlink from this site, or sites
linking to this site. The linked sites are not under the control of
NameThatValue.com and we cannot and are not responsible for the content
of any linked site or any link contained in a linked site, or any
review, changes or updates to such sites. We are providing these links
to you only as a convenience, and the inclusion of any link does not
imply affiliation, endorsement, or adoption by us of the site or any
information contained therein. When leaving the site, you should be
aware that our terms and policies no longer govern, and, therefore, you
should review the applicable terms and policies, including privacy and
data gathering practices, of that site.
Submissions
You agree that any components, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or
creative components or other information, provided by you in the form of
e-mail or submissions to NameThatValue.com, or postings on this site, are
non-confidential (subject to our Privacy Policy). We shall own exclusive
rights, including all intellectual property rights, and shall be
entitled to the unrestricted use of these components for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
The submission of any components to NameThatValue.com, including the
posting of components to any forum or interactive area, irrevocably
waives any and all "moral rights" in such components, including the
rights of paternity and integrity.
Disclaimers
THIS SITE AND THE COMPONENTS CONTAINED THEREIN ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU
EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR
SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS
SITE, IS AT YOUR SOLE RISK. NameThatValue.com DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT AS TO THE INFORMATION, COMPONENTS, CONTENT, SERVICES
AND PRODUCTS ON THE SITE.
NameThatValue.com DOES NOT REPRESENT OR WARRANT THAT COMPONENTS IN THIS
SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
NameThatValue.com IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR
OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE
NameThatValue.com ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS
SAFE, NameThatValue.com CANNOT AND DOES NOT REPRESENT OR WARRANT THAT
THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
We reserve the right to change any and all content contained on this
site at any time without notice. Reference to any products, services,
processes, or other information, by trade name, trademark, manufacturer,
supplier, or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by us.
Limitation of Liability
IN NO EVENT SHALL NameThatValue.com BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF
DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED
TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS SITE OR THE COMPONENTS CONTAINED IN, OR ACCESSED
THROUGH, THIS SITE.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in
accordance with the laws of the State of Minnesota, applicable to
agreements made and entirely to be performed within the State of
Minnesota, without resort to its conflict of law provisions. You agree
that any action at law or in equity arising out of or relating to these
terms and conditions shall be filed only in state or federal court
located in Minneapolis, Minnesota, and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of such
courts over any suit, action or proceeding arising out of these terms
and conditions.
General Terms
No waiver by NameThatValue.com, whether express or implied, of any
provision of these site terms shall constitute a continuing waiver of
such provision or a waiver of any other provision of these site terms.
Nor shall NameThatValue.com be estopped from enforcing any provision of
these site terms, except by written instrument executed by
NameThatValue.com. Notwithstanding any of these terms and conditions, we
reserve the right, without notice and in its sole discretion, to
terminate your license to use the site, and to block or prevent future
access to and use of the site. If any provision of these site terms
shall be deemed unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these terms and conditions
and shall not affect the validity and enforceability of any remaining
provisions.