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Terms Of Use
YOUR USE OF THIS WEBSITE OR OF ANY CONTENT PRESENTED IN ANY AND ALL AREAS OF THE WEBSITE INDICATES YOUR ACKNOWLEDGMENT AND AGREEMENT TO THESE TERMS OF USE, DISCLAIMER, PRIVACY POLICY AND OTHER NOTICES POSTED ON THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THE FOREGOING, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
We suggest you print a copy of each of these documents for your records.
Top 20 Realty has 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 effectively immediately following the posting of such changes on this website. 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 January 11, 2009.
Disclaimer
THE MATERIALS ON THIS WEBSITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE COMPLETE, CORRECT or ACCURATE DATA.
1. Linked Materials.
The Services include links to third-party products, services and Web sites. Top 20 Realty Inc. does not endorse, and takes no responsibility for such products, services, and Web sites.
2. Realty Content
The homes contained in Top 20 Realty’s search results, or linked from those results, have been created by people over whom Top 20 Realty exercises no control. Top 20 Realty's home search results are indexed in an automated manner and Top 20 Realty does not screen the homes. Top 20 Realty assumes no responsibility for the content of any listing or website that is either included in Top 20 Realty’s search results or linked to by top20realty.com.
3. Use of Top 20 Realty
Top 20 Realty’s services are for your personal, non-commercial use only. To view Top 20 Realty’s Privacy Policy, please click here.
4. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.
Top 20 Realty does not claim ownership of information, data, text or other materials submitted by third parties (collectively, "Materials"). However, by posting Materials to any area of the Top 20 Realty website, you grant Indeed and its designees a worldwide, royalty-free, non-exclusive perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Materials (in whole or in part) and to incorporate such Materials into other works in any format or medium now known or later developed. We shall not be liable for any use or disclosure of any Materials.
5. Top 20 Realty Inc. PRIVACY POLICY
Top 20 Realty Inc.’s current privacy policy is available at www.top20realty.com/privacy (the "Privacy Policy"), which is incorporated by this reference.
6. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Top 20 Realty has no control over such sites and resources, you acknowledge and agree that Top 20 Realty 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 Top 20 Realty 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.
7. Claims of Copyright Infringement.
Top 20 Realty Inc. respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Top 20 Realty Inc.'s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
(a) Identification of the copyrighted work that you claim has been infringed;
(b) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
(c) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
(d) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By mail:
Top 20 Realty Inc.
Attention: Copyright Agent
By e-mail: copyright@top20realty.com
If you give notice of copyright infringement by text e-mail, Top 20 Realty Inc.'s copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
8. Intellectual Property.
The Services are the property of Top 20 Realty Inc., and subject to the intellectual property rights of Top 20 Realty Inc. and its licensors. © 2006-2007 Top 20 Realty Inc.. All rights reserved.. The logo and Top 20 are trademarks and/or registered trademarks of Top 20 Realty Inc. in the United States and/or other countries. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners.
9. NO WARRANTY.
TOP 20 REALTY INC. PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOP 20 REALTY INC. AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. TOP 20 REALTY INC. AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
10. LIABILITY LIMITATION; EXCLUSIVE REMEDY.
IN NO EVENT WILL TOP 20 REALTY INC. OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST TOP 20 REALTY INC. OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
11. INDEMNITY
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD TOP 20 REALTY HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST TOP 20 REALTY ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.
12. WEBSITE CONTENT SUBMISSION
By contributing or submitting any content to be posted on the Consumer Comment portion of the Top 20 Realty Inc. website, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Top 20 Realty Inc. a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Top 20 Realty Inc., its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Top 20 Realty Inc. reserves the right to change, condense or delete any content on the Top 20 Realty Inc. website that Top 20 Realty Inc. deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
is known by you to be false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, fair housing or false advertising);
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references addresses, email addresses, contact information or phone numbers;
or that contains any computer viruses, worms or other potentially damaging computer programs or files.
13. Registration
Some areas of the Top 20 Realty service require you to register as a member. If you register to become a member, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party.
14. Forums
The Top 20 Realty Inc. message boards, other forums as well as other opportunities to post hosted by Top 20 Realty Inc. and its designees (collectively, the "Forums") are designed to help readers obtain real estate information and make informed decisions. This information is provided by outside contributors, many of whom use anonymous screen names. They may occasionally post messages or make statements that are misleading, deceptive, or downright wrong. Top 20 Realty Inc. does not endorse and is not responsible for any opinion, advice, information, or statement made or displayed on the Forums by third parties.
Users of the Forums must not post content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or that contains sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content or which goes beyond profanity into obscenity or abhorrence. Users are also prohibited from posting any proprietary information, trade secrets or confidential information. Users may not post any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding.
Although Top 20 Realty Inc. has no obligation to do so, Top 20 Realty Inc. may monitor messages posted on its Forums and reserves the right to delete portions of or entire posts which violate the above rules, messages or topics that are unrelated to the specific message board on which they are posted, and advertisements, recruiting or other commercial messages. If you believe a message violates our policies, please contact Top 20 Realty Inc. immediately at http://www.Top 20 Realty Inc..com/jsp/contactus.jsp so that we can consider its editing or removal. Top 20 Realty Inc. reserves the right to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate its site properly; to protect itself, its partners and its visitors; and to comply with legal obligations or governmental requests.