2. DESCRIPTION OF SERVICE
Suncastle.com will provide users
with access to online services to help enrich the process of relocating
which includes, but is not limited to, home buying and selling services,
moving, home financing, insurance and travel. The Services accessed through
this Web site are available only in those provinces, territories, and states
in the United States of America, Canada and other parts of the World where
they may be legally offered by Suncastle.com. Suncastle.com does not offer
these Services where they conflict with any state, local or federal law.
If, in order to use the Service, you must obtain access to the World Wide Web, then you must pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem, if nrcessary.
4. PRIVACY POLICY
Registration Data and certain other information
about you is subject to our
Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you receive a password
and account designation upon completing any registration forms, you
are responsible for maintaining its confidentiality and fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify Suncastle.com of any unauthorized use of your
password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. Suncastle.com cannot
and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. VISITOR CONDUCT
You understand that all information, data,
text, software, music, sound, photographs, graphics, video, messages, or
other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person or organization from
which such Content originated. This means that you, and not Suncastle.com,
are entirely responsible for all Content and Services that you upload, post,
email, or otherwise transmit via the Service. You understand that by using
the Service, you may be exposed to Content and Services that may be offensive,
indecent, or objectionable. Under no circumstances will Suncastle.com be
liable in any way for Content. This includes, but is not limited to any
errors or omissions in any Content and any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, or otherwise transmitted
via the Service.
You acknowledge that Suncastle.com does not pre-screen Content, but that Suncastle.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove, or move any Content that is available via the Service. Without limiting the foregoing, Suncastle.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the
global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree
to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. INDEMNITY
You agree to indemnify and hold Suncastle.com,
and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post to, or transmit through the Service, out of your use of
the Service, out of your connection to the Service, out of your violation
of the TOS, or out of your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell, or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service.
10. MODIFICATIONS TO SERVICE
Suncastle.com reserves the right
at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice.
You agree that Suncastle.com shall not be liable to you or to any third
party for any modification, suspension, or discontinuance of the Service.
11. TERMINATION
You agree that Suncastle.com, in its sole discretion,
may terminate your password, account (or any part thereof), or use of the
Service, and may remove and discard any Content within the Service, for
any reason including, without limitation, for lack of use or if Suncastle.com
believes that you have violated or acted inconsistently with the letter
or spirit of the TOS. Suncastle.com may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior notice,
and you acknowledge and agree that SUncastle.com may immediately deactivate
or delete your account and all related information and files in your account
and/or bar any further access to such files or the Service. Further, you
agree that Suncastle.com shall not be liable to you or to any third-party
for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business
dealings with, or participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and such advertisers.
You agree that Suncastle.com shall not be 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 advertisers on the Service.
13. LINKS
The Service or third parties may provide links to
other Internet, World Wide Web or Wireless sites or resources. Because Suncastle.com
has no control over such sites and resources, you acknowledge and agree
that Suncastle.com is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that Suncastle.com
shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through
any such site or resource.
14.PROPRIETARY RIGHTS
You acknowledge and agree that the Service
and any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by Suncastle.com or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute, or create derivative works based on the Service
or the Software, in whole or in part. Suncastle.com grants you a personal,
non-transferable, and non-exclusive right and license to use the object
code of its Software on a single computer and or wireless device; provided
that you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble, or otherwise attempt
to discover any source code and provided that you do not (and do not allow
any third party to) sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify
the Software in any unauthorized manner or form or to use modified versions
of the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is authorized by or provided
by Suncastle.com for use in accessing the Service.
15. FEE INFORMATION
Any and all incentives resulting or arising
out of the use of this Service are only payable upon the completion of a
transaction contemplated by the referral and completion of all obligations
to all parties by the referral agent. In the event the agent does not honor
all legal obligations to Suncastle.com, then the resulting incentive payment
to you as a consumer will not be paid. In the event costs are incurred with
respect to the completion of any outstanding monetary obligation on the
part of the referral agent, then the resulting incentive payment to you,
as the consumer, will be paid net of any such incurred costs.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT Suncastle.com SHALL 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 Suncastle.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(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 SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
19. NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally on the
Service.
20. TRADEMARK INFORMATION
The Suncastle.com logo, trademarks
and service marks, icons, and other Suncastle.com logos and product and
service names are service marks of Suncastle Enterprises, Inc. (the "Suncastle.com
Marks"). Without SUncastle.com's prior permission, you agree not to
display or use in any manner the Suncastle.com Marks.
21. GENERAL INFORMATION
The TOS constitute the entire agreement
between you and Suncastle.com and govern your use of the Service, superceding
any prior agreements between you and Suncastle.com. You also may be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content, or third-party software. The TOS and the
relationship between you and Suncastle.com shall be governed by the laws
of the State of Arizona without regard to its conflict of law provisions.
You and Suncastle.com agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Pima, Arizona. The failure of
Suncastle.com to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.