General Rules Regarding these Websites/pages and Limitation of Use
These General Terms and Conditions apply to the Haris & Company Website/pages, the Access Senior Housing Website/pages and the IAccess Reports/ILivon Reports website/pages, iAccess Senior Living Jobs website/pages, iAccess Senior Living Coupons website/pages, the iAccess Senior Living Services website/pages and the Livon Real Estate website/pages. All of these Website pages are operated by and are property of 2Bema Network, Inc. Each of these separate Websites/pages is intended for the exclusive use of those persons whose presence is permitted by us, and we reserve the right to change, amend, modify or discontinue any online posting or relationship at any time for any reason without notice and further reserve the right to admit, expel, re-admit, limit or discontinue participation by any person for any reason without notice. No person has any right to enter, maintain or continue any information or presence on the website except by our permission and such permission may be withheld at any time for any reason. By entering any of these websites/pages or posting any information, you consent to the foregoing and to the transmission, use for any purpose and routine monitoring of all such information and presence. No person has any right to copy, resell, reformat or repackage any of the information without our prior written permission. These General Terms and Conditions are intended govern the terms of these website/pages and to be read together and supplement all other written agreements between you and us and to supplement any other Rules, FAQ, notices and terms posted on these websites/pages and you irrevocably agree to the same by entering the website/pages. By clicking below you consent to these terms and conditions and to any and all further practices and procedures and notices on these website/pages, as from time to time added, changed or amended. If you do not fully agree to all of these General Terms and Conditions, you are not authorized to access or otherwise use these website/pages. You should read through all the General Terms and Conditions carefully. If you use any of the website/pages operated by us, you also agree to be bound by any other terms, agreements, FAQ or Rules posted elsewhere on these or our other Website/pages. You are not authorized to use these website/pages unless you are able to enter into legally binding contracts and have the full power and right to do so with respect to the subject matter of your use. We urge all users to be responsible about their use of these website/pages. Unless otherwise expressly stated by us, we do not own, manage, list or otherwise represent any real property or its owners. We are not responsible for the condition of any property posted on our Website/pages or the compliance with laws, rules or regulations that may be applicable to any property in any jurisdiction. Users are granted a limited, revocable, non-exclusive license to access the Website/pages and the content and services provided on the website/pages all in accordance with these General Terms and Conditions. Any use of the Website/pages that is not in accordance with these General Terms and Conditions or authorized by us in writing is expressly prohibited. The limited license to use the website/pages granted to users in these General Terms and Conditions does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of any information nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission. No permission or license is granted website or search engines or other services that provide classified listings or real estate advertisements, or otherwise or which is in the business providing services that compete with us. Our name and logo are registered trademarks in the United States and other jurisdictions. You may not use our names or logos without our prior written authorization. When you provide your e-mail address to us in connection with any service or tool provided on the website/pages, you agree to allow us to add your e-mail address to our database of users. You may receive one or more promotional e-mails from us. Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to us from such user at locations both within and outside of the United States.
Real Estate Brokerage Only As Specifically Stated in Listings on These Website/pages
No real estate brokerage is conducted by 2Bema Network, Inc. Lee D. Haris acts as a broker only with respect to specific listings where he or Haris and Company is listed as broker. Lee. D Haris only conducts brokerage on the Haris & Company website/pages where Real Property and Senior Housing Facilities represented by Haris and Company are advertised under his license(s) and on the Livon website/pages the Real Property and Senior Housing Facility “for sale” listings where listings of Livon and/or Haris and Company are advertised under his license(s). The brokerage licenses applicable to any particular brokerage representation are ONLY those which are posted in connection with the listing or advertisement.
Separate Nature of the Access Senior Housing Website/pages and IAccess Reports/ILivon Reports website/pages and iAccess Senior Living Jobs website/pages, iAccess Senior Living Coupons website/pages and the iAccess Senior Living Services website/pages /No Brokerage on these separate Websites/ pages
No brokerage is conducted on the Access Senior Housing Website/pages or the IAccess Reports/ILivon Reports Website/pages, the iAccess Senior Living Jobs website/pages, iAccess Senior Living Coupons website/ pages and the iAccess Senior Living Services website/pages. On the Access Senior Housing Website/ pages there is a workshop and tools for your use where postings are posted by users. On the IAccess Reports/ILivon Reports website/pages there are community postings and information. By entering the Access Senior Housing Website/pages and the IAccess Reports Website/pages and by clicking below, you acknowledge that you understand there is no brokerage on these Websites/pages and agree to hold, harmless, indemnify and defend the website operators, administrator, Lee D. Haris and Haris & Company from any damages, claims, demands, lawsuits or otherwise losses arising from or relating to their use. Further you acknowledge by your use of the Access Senior Housing Website/pages, and/or any of the website/pages governed by these General Rules that all communications and postings are either yours or those of third party interested persons and not those of Haris and Company, Lee D. Haris and the website operators or administrators. Brokers are not welcome on these sites/pages, unless they are acting as principals with the prior permission of Haris & Company and/or the website operators.
Caveat Emptor
The postings by third parties and emails and other communications on the Access Senior Housing Website/pages or the IAccess Reports/ILivon Reports Website/pagesExpressions of Interest, resumes and employment opportunity postings on and iAccess Senior Living Jobs website/pages, and the information posted on the iAccess Senior Living Services website/pages, coupons on the iAccess Senior Living Coupons website/pages, other data posted by other persons and the like have not been reviewed or checked for accuracy or content by this website or by Haris & Company. As in all business transactions, Caveat Emptor. RETAIN ANY PROFESSIONALS YOU DEEM NECESSARY.
Access Senior Housing Website/pages Expressions of Interest and Letters of Intent-What they are and what they are not
An Expression of Interest on the Access Senior Housing Website/pages represents a person’s expression of interest in a property and no more. Interest may be transmitted by emails between Posters and Interested Parties which may transmitted by or through these Website/pages. Posters, Interested Parties and others may Expressions of receive emails from these Website/pages regarding their emails, their Expressions of Interest, postings, their participation on this Website/ pages and for other reasons. By using these Web/site/pages you consent to receiving all the above emails and consent to the routine monitoring, review, and compiling of email communications transmitted by or to you through these Website/pages. You acknowledge that all emails you send or receive on this website are simply a tool used by you. Further you acknowledge that you are solely responsible for all content transmitted by you and for all actions taken by you or others in response to any email(s) you send or receive. You also acknowledge that these Website/pages have no responsibility for any content of any email sent or received by you, whether or not any email was subject to any monitoring, review or compilation. Expressions of Interest are non binding and are not a contract. An “EOI Understanding” which may appear as a “U” on your screen is NOT a binding agreement but only an expression of an intention to move off line to attempt to reach a binding agreement using professionals such as lawyers, accountants and others to bring a transaction to fruition. The Expressions of Interest history will be available to others on this website and is not confidential but not all of the details will be available. One of the goals of many of the users of the Access Senior Housing Site/pages is to gage the interest others have in a property or an opportunity. Under the rules of this site, a Letter of Intent (which may appear as a “LOI” on your screen) reached on that website/pages is NOT intended to be binding but to only set forth general terms the parties may wish to use if they negotiate further offline. The Access Senior Housing Website/pages users may wish to work towards a non binding letter of intent with others on that website/pages, and thereafter may use that letter of intent elsewhere reach a binding agreement on their own using professionals such as lawyers, accountants and others to attempt to bring a transaction to fruition. Please note that Access Senior Housing Website/pages is a workshop with tools for you, the principal, to use and this site provides no advice and no brokerage or listing service is provided.
No Brokerage Representation on the Access Senior Housing Website/pages or the IAccess Reports/ILivon Reports Website/pages, the iAccess Senior Living Services website/pages, the iAccess Senior Living Jobs website/pages, iAccess Senior Living Coupons website/ pages (or any other website/pages unless specifically stated by us.)
We are not representing any person with respect to any activity on Access Senior Housing Website/pages or the IAccess Reports/ILivon Reports Website/pages, the iAccess Senior Living Services website/pages, the iAccess Senior Living Jobs website/pages, iAccess Senior Living Coupons website/ pages or any other website/pages nor do we make any representations, promises or guarantees with respect to thereto or with respect to the identity of the users, their honesty, creditworthiness or business practices or any postings, advertisements or statements made by them now or in the future. In addition, we are not representing any person with respect to any of the Expressions of Interest postings nor do we make any representations, promises or guarantees with respect to such Expressions of Interest, their requested transmission (which may be withheld for any reason by the website operators), the identity of such persons, their honesty, creditworthiness or business practices or the statements in such expressions of interest.
Livon Website/Pages
We operate the Livon website/pages. The Livon Website/pages are governed by these General Terms and Conditions as modified and supplemented by The Livon Advertiser User Agreement, Livon Fee Schedule, Livon Rewards Program and any other information or rules posted on these or the Livon Website/pages.
LIVON CONFIDENTIALITY AGREEMENT.
In order to receive information on certain listings by Livon which may not have identifying information posted, a Confidentiality Agreement must be signed and returned via fax, mail, or email to Livon. Download the Livon Confidentiality Agreement (CA)
ADVERTISEMENTS ON THE LIVON WEBSITE/PAGES BY SENIOR HOUSING FACILITIES SEEKING NEW RESIDENTS ARE NOT ADVERTISEMENTS OR LISTINGS BY LIVON/THERE IS NO BROKERAGE BY LIVON REGARDING THESE ADVERTISEMENTS.
In a separate website/page(s within the Livon website/pages, there are webpages where Senior Housing Facilities may post advertisements seeking new Residents and leads for new Residents. No brokerage is conducted there by us. By entering that part of the website/pages and by clicking below, you acknowledge that you understand that these advertisements are not listings or solicitations by Livon or Haris & Company and that they are advertisements by Senior Housing Facility owners and/or operators only. Brokers are not welcome on the Livon website/ pages, unless they are acting as principals with the prior permission of Livon.
Rewards Program for Notification of Livon of New Residents.
To assist in monitoring the success of its website and advertising, Livon has a Rewards Program which provides a financial or other reward to the first qualified person who timely informs Livon of a new Resident(s) in a Senior Housing Facility who found that Senior Housing Facility through that Facility’s advertisement on the separate advertising section of the Livon website/pages. In order to receive a reward, a qualified person must be a new Resident or a person with legal or other authority to act on behalf of the new Resident or a person authorized by the new Resident to receive a reward with additional terms posted elsewhere on this website. The Rewards Program incorporated in these General Terms and Conditions and applies only to the advertisements for New Residents by Senior Housing Facility’s where no brokerage is involved. Livon is not acting as a broker, partner or agent for any person with respect to the Senior Housing Facility advertisements for new Residents or with respect to the Rewards Program. The Rewards Program is subject to these General Terms and Conditions and any other rules posted on this or the Livon website/pages. All decisions as to the payment of rewards or as to who is a qualified person are made in the sole discretion of Livon and all decisions are final. No more than one reward is allowed per new Resident. The Rewards Program may be changed from time to time as posted on this website. The Livon Rewards Program is only offered as permitted by law and you are responsible for determining whether you can participate in the program beforeparticipating or contacting us.
DISCLAIMERS OF WARRANTY
We hereby DISCLAIM ALL WARRANTIES of use, fitness or otherwise, whether or not express or implied, with respect to participation in or the use of the website, its tools, its performance or operation, the information posted or exchanged, the requested transmission of information, any results or representations or otherwise. NO WARRANTY OR GUARANTEE IS MADE WITH RESPECT TO THE USE OF THESE WEBSITE/PAGES, THE USE OF THEIR TOOLS OR THE CHARACTER, REPUTATION OR RELIABLITY OF THOSE USING IT NOR IS ANY WARRANTY OF ANY RESULT OR ANY INFORMATION MADE AND ALL SUCH WARRANTIES AND GUARANTIES, EXPRESS OR IMPLIED ARE HEREBY EXPRESSLY DISCLAIMED. THESE WEBSITE/PAGES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE/PAGES, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE/PAGES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE/PAGES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE/PAGES OR ANY LINKED WEBSITE/PAGES, EVEN IF WE BECOME AWARE OF ANY SUCH BREACHES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE/PAGES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE/PAGES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS WEBSITE/PAGES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US AND BY POSTING INFORMATION ON THE WEBSITE/PAGES, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR WEBSITE/PAGES, (B) THESE GENERAL TERMS AND CONDITIONS (C) ANY BREACH OF THESE GENERAL TERMS AND CONDITIONS BY YOU OR A THIRD PARTY, (D) USE OF THE WEBSITE/ PAGES, TOOLS OR SERVICES WE PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE WEBSITE/PAGES BY YOU OR ANY THIRD PARTY AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN ALL EVENTS, OUR LIABILITY, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE/PAGES IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU PAY TO US IN THE SIX MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $300.00 IN THE AGGREGATE FOR ALL CLAIMS.
Additional Terms and Conditions Regarding the use of the Access Senior Housing Website/pages and/or the IAccess Reports/ILivon Reports Website/ pages the iAccess Senior Living Services website/pages and iAccess Senior Living Jobs website/pages, iAccess Senior Living Coupons website/ pages and Fees.
1. If you choose to use of the Access Senior Housing Website/pages and/or the IAccess Reports/ILivon Reports Website/pages, and/or the iAccess Senior Living Services website/pages and/or iAccess Senior Living Jobs website/pages, and/or iAccess Senior Living Coupons website/ pages you agree and represent to us:
a. that your participation on these website/pages is either in the nature of workroom use and the use of tools or of participation a public community forum;
b. that you are acting on your own behalf and that all information you post belongs to you alone and to no other person;
c. that all information of any kind that you post is free of any other person’s claims or rights and that no other person’s consent or approval is required for its posting, sale or transmittal by you to others;
d. that you intend and authorize that anything you post may be viewed on the
website/pages;
e. that you authorize and are aware that anything you post may be viewed by other persons whose identities are unknown to you and by us;
f. that you alone are responsible for the timeliness, accuracy and completeness of any information you post and for verifying all such information and that we have no responsibility therefor;
g. that NO real estate brokerage relationship is intended or created by your participation in the Access Senior Housing Website/pages or the IAccess Reports/ILivon Reports Website/pages the iAccess Senior Living Services website/pages, andiAccess Senior Living Jobs website/pages, iAccess Senior Living Coupons website/ pages, or any other website/pages or by any charges therefor, or by the payment charges for use, or data fees or other fees, or by the transmission of information or any other act;
h. that you will not post any defamatory, scurrilous or offensive matter;
i. that any matter or posting can be removed at any time in its sole discretion of the website operators and/or administrators and, further that any posting may be removed at any time with without any fee refund;
j. that fees will be charged for the cost of your transmissions, emails and postings and use of the workroom by the number and size of transmissions you make, that charges are incurred similar to the way the Postal Service charges for mailing letters or packages and that the fees are earned as you use this website and that additional charges will apply for your continued use and no refunds will be given, but that you may stop using the Website/pages at any time;
k. that if you use the workroom, you may be charged to upload and download data in relation to the amount and frequency of the data. These charges may include charges for the transmission of any information made available or accessed by you (such as detailed information, photos, floorplans, etc.);
l. that all sales and charges are final;
m. the website operators and administrators have the right in their sole discretion to decline to post and/or to reject any data or upload by any person;
n. these additional terms and conditions may be modified from time to time and you agree to abide by the same and/or any modifications to them; and
o. unless you are otherwise specifically advised in a separate writing signed by us, you acknowledge that the owners and operators of these website/pages are not representing or acting as agent for any person with respect to any of the matters in the workroom or any any other way on the separate website/pages.
Additional Terms and Conditions Regarding the Use of the iAccess Senior Living Jobs website/pages: In addition to any other rules and terms in these General Terms;
1. If you choose to use the iAccess Senior Living Jobs website/pages Website/pagesyou agree and represent to us that
a. Any resume (or curriculum vitae or similar document(s) containing any of your educational background, accomplishments, your contact information, job qualifications and/or job history; hereinafter ‘resume’.) posted by you shall contain only up-to-date, accurate information concerning you.
b. If you post a resume, you represent you are seeking full-time, part-time, or contractual employment of a legal nature on your own behalf under your own name.
c. Your resume shall contain information to state your qualifications without requiring additional contacts for further details.
d. Resumes will not contain links of any kind to other web sites or pages.
e. Any employment opportunity positions you post shall be bona fide opportunities offered by you for full-time, part-time, or contractual employment of a legal nature.
f. Any employment opportunity or position postings you post shall contain sufficient information to inform the job seeker of the nature of work and the qualifications required.
g. No employment opportunity or position postings made by you shall contain links to other web sites or pages.
h. the iAccess Senior Living Jobs website/pages have the right in its sole discretion to remove any posting for an resume, job opportuntity or employment related posting that it deems inappropriate.
i. You understand and agree that Sponsored Job Listings are job listings provided by an outside job aggregator and not this website/pages and that Sponsored Job Listings are not job listings solicited, prepared, compiled or reviewed by this website/pages and that we have no responsibility therefor.
j. By clicking on any Sponsored Job Listing link(s), you agree you will not to violate or breach any other rules, terms and limitations applicable to the Sponsored Job Listing which are posted by the job aggregator, in addition to the terms and conditions in the these General Rules.
Additional Terms and Conditions Regarding iAccess Senior Living Coupons website/ pages. In addition to any other rules and terms in these General Terms.
1. If you choose to use the iAccess Senior Living Coupons website/ pages you agree and represent to us that
a. You are responsible for the content and legality of any coupon you post.
b. You assume all risk in redeeming or attempting to redeem any coupon
c. If you post coupons, you agree to post any coupon redemption rules and policies that you maintain
d. Coupons are not gift certificates.
e. You will neither post nor attempt to redeem any coupon(s) where void or prohibited by law.
f. This website/pages has no responsibility for any coupon or redemption.
g. This website/pages may in its sole discretion remove any posting by you.
Additional General Prohibitions and Limitations Regarding Use.
In addition to any other rules and terms in these General Terms:
The revocable limited license granted to you to use any and/or all of these website/pages is subject to the following additional prohibitions. Users are not entitled to:
a. reproduce any portion of the website/pages on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the website/pages, or other framing technique to enclose any portion or aspect of the website/ pages, or mirror or replicate any portion of the website/pages; or
b. modify or translate into any language or computer language, reverse engineer, or create derivative works from, any content or any part of the website/pages; or
c. sell, offer to sell, transfer, or license any portion of the website/pages in any form to any third persons; or
d. use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the website/pages; or
e. use the website/pages other than according to their rules or post or transmit information that is in any way false, fraudulent or misleading, or assume a false identity or false pretense or any action that may be considered phishing or which would give rise to criminal or civil liability; or
f. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or
g. violate, plagiarize or infringe our rights or those of third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other proprietary rights; or
h. upload or transmit to the website/pages or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept, the normal operation of the Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of any third party; or
i. disclose personal or confidential information of or about another user to any third party without the consent of the other user; or
j. transmit spam or use the website/pages for the transmission of spam; or
k. use or access the website/pages in a way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the website by us or its use by others; or
l. set up hypertext or other links to, or addresses of, other website/pages or remove links or web addresses set up by us.
User Passwords and User Identity
You agree to use your real identity on these website/pages. However, all users acknowledge that user verification on the Internet is difficult and we cannot confirm each user’s purported identity and integrity and we have no responsibility to do so.
You also agree to (i) keep any passwords you get, either from us or others and your online ID secure and strictly confidential. We discourage you from giving anyone access to your online ID and password(s). However, if you do give someone your online ID and online password(s), or if you fail to adequately safeguard them or they are otherwise used, you are responsible for any and all transactions and events relating to them, even those transactions and events that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) WE HAVE HAVE NO LIABILITY TO YOU OR ANY OTHER USER FOR ANY UNAUTHORIZED USE OR TRANSACTION MADE USING ANY USER’S PASSWORD AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD(S) COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE WEBSITE/ PAGES AND/OR TO OTHER USERS.
Other Reserved Rights Regarding Disclosure, Submissions to us, and Non Responsibility for Third party links
We reserve the right to disclose any information to satisfy any third party demand, and/or any subpoena, law, regulation, ordinance or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our best interests to, respond to any such request, demand or subpoena. Please be aware that, even though we assume no liability for legal compliance pertaining to real estate or services identified, mentioned, or advertised by you or others on these website/pages, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to you, it, others, or your postings in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.
We welcome your feedback, ideas and other submissions (“Submissions”) regarding our Website/pages. Please note that we have no obligation to keep any Submissions you provide confidential and we do reserve the right to use or disclose such Submissions in any manner.
If you provide any Submissions to us, you agree that: your Submission and its contents will automatically become the property of these website/pages and their owner without any compensation to you; that we may use any such Submission and its contents for any purpose and in any way; that there is no obligation for us to review any Submission; and that there is no obligation to keep any Submission confidential.
We are not responsible in any way for links by others to third-party websites, those websites or the use of other resources by you.
No Marketing of Securities or Investment Interests
No public or private offering may be made or advertised on these websites/pages. No person shall advertise or market partnerships, limited liability company interests or securities (whether registered or unregistered) of any kind on these websites/pages.
Changes to Website/pages or these General Terms and Conditions:
We may change, suspend or discontinue any aspect of the Website/pages at any time, including the availability of any Website/pages features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire website/pages without notice or liability. We reserve the right, in our sole discretion, to amend these General Terms and Conditions, in whole or in part, at any time, with or without your consent, you acknowledge that notification of any amendment will be posted on the website/ pages and will be effective immediately. If you disagree with any amendment to these General Terms and Conditions, then your sole remedy is to discontinue use of the website/pages. We also reserve the right, in our sole discretion and from time to time, to offer special programs with unique terms and conditions that are separate from and may supersede in certain respects these General Terms and Conditions, the applicability of which to your use of the website/pages is governed by the terms and conditions of such special program.
Copyrights and Certain Related Responsibilities
It is your responsibility to obtain reproduction permission for all photographic, recorded, and other material posted on these website/pages. By posting anything on these website/pages, you warrant that you are the owner of the copyright in such material or are authorized by the owner to grant us the rights therein contained and agree to provide any proof of such rights to use that we may request.
By accepting these Terms and Conditions and by using these website/pages and transmitting or receiving any information on them, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the videos, the photographs and the likenesses (if any) of any content you post on the website/pages, and you grant these website/ pages and their owners the ability to copyright and protect the images, copy, and content you make available from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to effectively operate these website/pages. You further agree to assist us to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any user and you agree to indemnify and hold harmless the website/pages against any action brought for breach of copyright or other rights from the use of such content supplied by you. You hereby waive and release all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by you. You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to any property you list or cause to be listed on the website/pages. We assume no responsibility for your compliance.
Validity of these General Terms and Conditions/Assignment
If any portion of these General Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these General Terms and Conditions shall remain in full force and effect. Further, any provision of these General Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. We may assign these General Terms and Conditions in our sole discretion. Users must obtain our prior written consent to assign these General Terms and Conditions, which may be granted or withheld by us in our sole discretion.
Entire Agreement /Governing Law
These General Terms and Conditions together with any other Rules, FAQ, or other information posted by us which is specific to a particular website/pages (such as About Icap Reports (which applies to the ICap Reports website/pages only and the Livon Advertiser User Agreement, Livon Fee Schedule, and Livon Rewards Program (which apply to the Livon website/pages only) and other information or terms as posted by us on the website/pages set forth the entire agreement and understanding of the parties and supersede all other agreements and understandings between the parties hereto relating to the subject matter. This agreement may only be modified by a writing signed by all parties. You agree that this agreement shall be governed by California law without regard or giving effect to any conflicts of law principles, laws or rules of any jurisdiction.
Certain Definitions and General References
Whenever and wherever reference is made to ‘we”, “us” “our” or the “Indemnitees” in these General Terms and Conditions it includes the website operators, the website administrator, Lee D. Haris and Haris & Company. Whenever and wherever reference is made to “postings” or “information you post”, “post” or ”posted” in these General Terms and Conditions or on the websites/pages it includes all matter posted or transmitted by or to you of whatever nature, including without limitation all reports in the IAccess Reports/ILivon Reports and all email and attachments, photos and other information otherwise uploaded, downloaded or exchanged between users of these websites/pages. Whenever and wherever reference is made to the “user” or “poster” in these General Terms and Conditions it refers to and includes you. All section headings in these General Terms and Conditions are for purposes of reference only and in no way limit the meaning of the text they reference.
Indemnity/Reservation of Remedies for User Breach, Use and Misuse/Consent to Jurisdiction and Venue in San Francisco, California/Additional Remedy of Injunctive Relief
By clicking below, and/or using the website/pages and/or providing your signature to any documents sent to us, you agree to indemnify, hold harmless and defend the us from any claims, losses, demands, proceedings, lawsuits, damages, whether consequential or otherwise and all attorneys fees and costs, arising out of or relating to any breach by you of any of the foregoing General Terms and Conditions, and from any claims, losses, demands, proceedings, lawsuits, damages, whether consequential or otherwise, and all attorneys fees and costs arising out of or relating to any use or misuse of any of our website/pages by you. We, the Indemnitees, reserve all rights to all remedies at law or in equity. In addition to any other remedy available to us at law or in equity whether in tort, contract or otherwise, we may immediately terminate any user’s access to or use of the website/pages due to such user’s breach of these General Terms and Conditions or any other unauthorized use of the website/pages. However, we do not guarantee that we will take action against all breaches of these General Terms and Conditions. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these General Terms and Conditions does not limit our rights with respect to actions we may take in response to any other similar or different type of breach. Actual or threatened misappropriation or dissemination or misuse of the website/pages or of information which is transmitted to or received by you or other breach of this agreement may be enjoined in the Superior Court of the State of California for the City and County of San Francisco, State of California and the United States District Court for the Northern District of California located in San Francisco, California and you consent to jurisdiction and venue in these courts and you hereby further consent and agree that the venue and jurisdiction of and for any lawsuit, proceeding, dispute and/or claim, whether brought or initiated by us or by you, arising out of or related to your use or misuse of these website/ pages, or any matter involving or relating to these website/pages and/or any matter involving or relating to these General Terms and Conditions or any other matter posted on these website/pages, or any other matter between you and us shall be exclusively in either of the above courts and jurisdictions located in San Francisco, California and in no other place, venue or jurisdiction. In the event of a breach or a threatened breach by you of any obligations under this agreement, you hereby agree that the Indemnitees do not have an adequate remedy at law, and shall suffer irreparable harm. Therefore, you agree that in addition to any other remedy at law or in equity, we shall be entitled to obtain in a court of law or equity: (i) a temporary restraining order and/or preliminary and permanent injunction restraining any further breach or threatened breach of such covenant or covenants, and (ii) damages as may be appropriate. In no event shall we be liable for any losses, demands, claims, damages, loss of profits or goodwill, loss of business, loss of data or any other direct or indirect or consequential loss or damage arising from or related to the use of or information posted on these websites/pages by you or others. This agreement shall be governed by California law.
These General Rules may be amended or update at any time.
