Use
of this website or any web sites which are generated
using or containing Plans and Tours’ content
(“the Web Sites”), and information distributed
in conjunction with the Web Sites, is offered to you
on your acceptance of these Terms of Use, the Privacy
Policy and other notices posted on this website. Your use
of the Web Sites or of any content presented in any and all
areas of the Web Sites indicates your acknowledgment and agreement
to these Terms of Use and other notices posted on the Web Sites.
If you do not agree to be bound by and comply with all of the
foregoing, you may not access or use our services, or the Web
Sites. We suggest that you print a copy of each of these documents
for your records.
Plans and Tours shall have the right, at its sole discretion, to modify,
add or remove any terms or conditions of these Terms of Use without notice
or liability to you. Any changes to these Terms of Use shall be effective
immediately following the posting of such changes on the Web Sites. The
most
You agree to review these Terms of Use from time to time and agree
that any subsequent use by you of this website following changes
to these Terms of Use shall constitute your acceptance of all such
changes. These Terms of Use were last modified on November 1, 2004.
DISCLAIMER
You acknowledge that you are solely responsible for the use to which
you put the Web Sites and all the results and information you obtain
from them and that all warranties, conditions, undertakings, representations
and terms whether expressed or implied, statutory or otherwise are
hereby excluded to the fullest extent permitted by law.
Save in respect of liability for death or personal injury arising
out of negligence or for fraudulent misrepresentation, we and all
contributors to the Web Sites hereby disclaim to the fullest extent
permitted by law all liability for any loss or damage including any
consequential or indirect loss or damage incurred by you, whether
arising in tort, contract or otherwise, and arising out of or in
relation to or in connection with your access to or use of or inability
to use the Web Sites.
The performance of the Web Sites and all information contained on,
downloaded or accessed from the Web Sites are provided to you on
an "as is" basis, without warranties of any kind whatsoever,
including any implied warranties or warranties of merchantability,
fitness for a particular purpose or non-infringement of the rights
of third parties. Plans and Tours shall not be responsible for any
problems or technical malfunction of any telephone network or lines,
computer on-line systems, servers, Internet access providers, computer
equipment, software, or any combination thereof including any injury
or damage to your or any other person's computer as a result of using
this website or the Web Sites.
Plans and Tours reserves the right, at its sole discretion, to modify,
disable access to or discontinue, temporarily or permanently, any
part or all of this website or the Web Sites or any information contained
thereon without liability or notice to you.
As a visitor to the Web Sites, you acknowledge and agree that any
reliance on or use by you of any information available on the Web
Sites shall be entirely at your own risk. In no event shall Plans
and Tours nor any of its data providers be liable for any direct,
indirect, consequential or exemplary damages arising from the use
or the performance of the Web Sites, even if Plans and Tours or such
provider has been advised of the possibility of such damages.
By using the Web Sites, you acknowledge that Plans and Tours is not
a real estate broker, mortgage broker or mortgage lender, and it
does not aid or assist borrowers in obtaining, solicit borrowers
or lenders for, negotiate or make loans secured by liens on real
property.
Furthermore, Plans and Tours cannot guarantee the accuracy, sufficiency,
correctness, veracity, completeness, or timeliness of the information
contained in the Web Sites. You are responsible for confirming the
sufficiency and reliability of any such information.
PRIVACY POLICY STATEMENT
All information collected during your
visit is used only for marketing purposes in aggregate form. We
do not sell, lease or rent personal information.
For more information please read our complete Privacy Policy.
CONFIDENTIALITY AND TRANSMISSIONS OVER THE INTERNET
The transmission of data or information (including communications
by e-mail) over the Internet or other publicly accessible networks
is not secure, and is subject to possible loss, interception or
alteration while in transit. Accordingly, we do not assume any
liability for any damage you may experience or costs you may incur
as a result of any transmissions over the Internet or other publicly
accessible networks, such as transmissions involving the exchange
of e-mail with us (including those which may contain your personal
information). While we shall take commercially reasonable efforts
to safeguard the privacy of the information you provide us and
treat such information in accordance with our Privacy
Policy, in
no event will the information you provide to us be deemed to be
confidential, create any fiduciary obligations to you on our part,
or result in any liability to you on our part in the event that
such information is inadvertently released by us or accessed by
third parties without our consent.
User Conduct and Obligations
You agree to follow all applicable laws and regulations when
using the Web Sites. Furthermore, you agree that you shall
not:
a.
upload, post or otherwise transmit through or to the Web
Sites any content that:
i.
is unlawful, abusive, threatening, harmful, obscene, lewd,
offensive, defamatory or otherwise objectionable;
ii.
might infringe the intellectual property rights, privacy rights, rights
of publicity, or other proprietary rights of others;
iii.
contains any viruses, trojan horses, time bombs, or any other harmful programs
or elements;
b.
disrupt, place unreasonable burdens or excessive
loads on,interfere with or attempt to gain unauthorized access
to any portion of this website or the Web Sites, its computer
systems, servers or networks;
c.
provide false information about yourself to us, impersonate any other
person, or otherwise attempt to mislead others about your identity or the
origin of any content, message or other communication;
d.
transmit junk mail, chain letters, or other unsolicited bulk e-mail or
duplicative messages;
e.
collect information about other visitors to the Web Sites without their
consent or otherwise systematically extract data or data fields, including
without limitation any financial data or e-mail addresses;
f.
sell access to or the use of
the Web Sites, including any content contained on, downloaded
or accessed from the Web Sites, except as specifically permitted
in writing by Plans and Tours;
g.
redistribute
any content, provided by us in any manner whatsoever including
by means of printed publication, fax broadcast, web pages, e-mail, web
newsgroups or forums, or any other electronic or paper-based
service or method, unless specifically authorized by Plans and Tours.
By uploading, posting
or otherwise transmitting any content through or to this website
or the Web Sites, you grant to us, our successors and assigns,
a non-exclusive, world-wide, royalty free, perpetual, non-revocable
license to use or distribute such content in any manner otherwise
than as stated in our Privacy
Policy.
INDEMNIFICATION
You agree to indemnify, defend and hold us and our affiliates,
business partners, officers, directors, employees and agents harmless
from any loss, liability, claim, demand, damage, or expense (including
reasonable legal fees) asserted by any third party relating in
any way to your use of the Web Sites or breach of these Terms of
Use. We reserve the right to assume the exclusive defense and control
of any matter subject to indemnification by you, which shall not
excuse your indemnity obligations.
THIRD PARTY WEB SITES AND CONTENT
Links or pointers to other websites and references to products
and services offered by third parties are provided to you for convenience
only and do not constitute an endorsement or approval by us of
(i) the organizations that operate such websites; (ii) the content,
privacy policies or other terms of use on such websites; or (iii)
such third party products and services. As we have no control or
responsibility over websites or content maintained by other organizations,
or for products and services offered by third parties, we do not
assume any liability for your use of any of the foregoing, which
use you acknowledge and agree shall be at your own risk.
PROPRIETARY RIGHTS
Plans and Tours name, service marks and other identifying marks,
logos or names of Plans and Tours are and shall remain the trade-marks
and trade names and exclusive property of Plans and Tours, and
any unauthorized use of these marks is unlawful. Other trade-marks
on the Web Sites are the property of their respective owners. All
content on the Web Sites, including without limitation all programs,
compiled binaries, interface layout, interface text, documentation
and graphics, is the copyrighted property of Plans and Tours and
is protected by international copyright law. The content on the
Web Sites may be used by you only for your personal, non-commercial
use as provided for in these Terms of Use, but may not be taken
out of context or presented in a misleading or discriminatory manner.
Any rights not expressly granted to you are reserved by us.
NOTICE OF COPYRIGHT INFRINGEMENT
Our policy is to comply with all intellectual property laws and
to act expeditiously upon receiving any notice of claimed infringement.
If you believe that your work has been reproduced on the Web Sites
in a manner that constitutes copyright infringement, please provide
a notice of copyright infringement containing all of the following
information:
1.
A physical or electronic signature
of a person authorized to act on behalf of the copyright owner
for the purposes of the complaint.
2.
Identification of the copyrighted work claimed
to have been infringed.
3.
Identification of the material on the Web Sites
that is claimed to be infringing or to be the subject of infringing
activity.
4.
The address, telephone number or e-mail address
of the complaining party.
5.
A statement that the complaining party has
a good-faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its
agent or the law.
g.
A statement, under penalty of perjury, that
the information in the notice of copyright infringement is
accurate, and that the complaining party is authorized to act
on behalf of the owner of the right that is allegedly infringed.
All notices of copyright infringement should be sent to:
Plans and Tours
5294 Alum Rock Avenue
San Jose, CA 95127
Attention: Copyright Manager
Facsimile: + 806-209-2582
E-mail:
GENERAL
If any provision of these Terms of Use is held invalid or unenforceable
in any respect by any court having competent jurisdiction,
such provision shall be enforced to the maximum extent permitted
by law, and the remaining provisions of these Terms of Use shall
continue in full force and effect. No waiver of any provision
of these Terms of Use shall be deemed a further or continuing
waiver of such provision or any other provision of these Terms
of Use.
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of New York and the laws of the United
States of America applicable therein, without regard to conflict
of laws provisions thereto. The parties consent to the exclusive
jurisdiction of the courts of, and venue and situs in, New York,
New York.
You agree that these Terms of Use, and other notices posted on
the Web Sites have been drawn up in English. Although translations
in other languages of any of the foregoing documents may be available,
such translations may not be up to date or complete. Accordingly,
you agree that in the event of any conflict between the English
language version of the forgoing documents and any other translations
thereto, the English language version of such documents shall
govern.
CONTACT
If you have any questions or concerns
about these Terms of Use, please feel free to contact us at
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