This Terms of Use Agreement (“Agreement”) is between Dp Pedersen Enterprises, Inc. d/b/a ActiveAdultLiving.com (“We”, “Our”, “Us” or “AAL”) and You that governs Your use of the content, functionality and services accessible to You at www.activeadultliving.com (the “Website”). By accessing the Website, You agree to be bound by this Agreement. You are referred to in this Agreement as “You”,” I”, or “Me.” Subject to your compliance with the terms, conditions and notices contained in this Agreement, You are authorized to access the Website and the content and functionality accessible to You on the Website. The Website is an online application that provides You with access to real estate listing information, and other real estate services, content and functionality to assist you in the purchase, lease or sale of residential real estate. By accessing the Website, You make the following agreements, representations and warranties:
I represent and warrant that I am over the age of majority and have a bona fide interest in the purchase, sale or lease of residential real estate of the type displayed on the Website or accessible to Me. I represent and warrant that I will use the Website only for lawful purposes and will not use my the Website to engage in any conduct that is unlawful or prohibited by this Agreement.
I understand that AAL may discontinue, change, or update the information and content on the Website without notice to Me.
I acknowledge and agree that the Website may contain advertisements and hyperlinks to third party websites that are not under the control of AAL, and that AAL is not responsible for any content in any advertisement or hyperlink on the Website or for any content in any hyperlinked website. I acknowledge that if I access a third party website from the Website, I do so at my own risk. I understand that a hyperlink to a third party website does not imply that AAL endorses the content on, or the business of, the hyperlinked website unless the webpage contaiing the hyperlink otherwise provides. I understand that I am solely responsible for determining the integrity and reliability of the information in any advertisement or hyperlink on the Website, as well as the information on the hyperlinked website. I understand that my dealings with or participation in promotions of advertisers found on the Website, including payment for and delivery of goods and services, and any other terms (such as warranties) are solely between Me and such advertisers. I agree that AAL shall not be responsible for any loss or damage of any sort relating to my dealings with such third parties.
I understand and agree that the Website may include information, tips, facts, views and opinions that AAL deem worthy of publication, including AAL newsletters to which I may subscribe by providing AAL with my contact information to which the newsletters can be sent. ALL SUCH MATERIAL IS FOR INFORMATION PURPOSES ONLY AND IS NOT PROFESSIONAL ADVICE UPON WHICH I OR ANY THIRD PARTY SHOULD RELY IN MAKING ANY DECISION CONCERNING THE ACQUISITON OR SALE OF REAL PROPERTY, OR ANY PERSONAL, LEGAL, BUSINESS, FINANCIAL, OR OTHER DECISIONS.
I understand that accessing the Website does NOT impose a financial obligation on Me or create any representation or fiduciary relationship between Me and AAL or any real estate agent or broker whose contact information may be displayed on the Website. I acknowledge that any real estate brokerage services that may be rendered to Me by reason of my use of the functionality available to Me at the Website are being rendered to Me solely by a licensed real estate broker or agent I chose to engage for such purposes, and not by AAL, or by any other party, whether or not the names or logos of such parties may appear on the Website.
I understand and agree that my activity on the Website may be viewed by AAL, as well as by any real estate broker or agent I authorize to act on my behalf, including, without limitation, when I access the Website, what I viewed while visiting the Website, any information that I post, submit or transmit while visiting the Website (collectively “Website Activity”); provided, however, that if I post any “Private Notes”, such content shall not be accessible to any broker or agent. If I am collaborating with a real estate broker or agent through the Website, that broker or agent my reassign Me to another real estate licensee affiliated with that broker without prior notice to Me or my consent. The real estate broker or agent may also transmit or share my Website Activity with other licensed agents affiliated with the broker without prior notice to Me or securing my permission. Subject to the Privacy Policy applicable to this site, the real estate broker with whom I have elected to collaborate or AAL may send Me electronic correspondence, including, without limitation, marketing information and information relating to my use of the Website.
Subject to the ability to unsubscribe/opt out in accordance with the AAL Privacy Policy, I hereby grant to AAL my express written consent to engage in unsolicited communications with Me for a period of 12 months from the last day I access the Website. Such unsolicited communications may take place by email at the email address I provided to You or at any alternative email address that I may provide in the future.
I understand that AAL may limit the number of properties displayed to Me in response to my search requests based upon a determination of the reasonable number of properties appropriate to be displayed in response to a single search request, given existing market conditions, technology limitations, total number of matching listings in an MLS database compilation, and other "reasonable use" restrictions deemed appropriate by AAL, which total number may vary from market to market and from time to time. I further understand and agree that AAL may limit information about properties displayed to Me at the Website and that the information about real properties for sale or rent originates from third party licensors or real estate Multiple Listing Services (MLSs).
I agree that, as between AAL and myself, any electronic or printed real estate listing data, or other content derived from the Website, including any trademarks or service marks of any real estate broker, agent, AAL or third party advertisers or service providers ("Site Materials" or “Content”), constitutes the copyrighted and proprietary property of the real estate broker, agent, AAL, or third parties from whom the broker, agent or AAL has secured permission to display such Site Materials. I acknowledge and agree that the MLS or other third party licensor that supplies the real estate data and images displayed to Me at the Website owns all copyrights in and to such data and images, and that I will not contest the validity of such copyright or ownership claims, nor assist others in doing so.
I acknowledge that AAL has granted to Me only for as long as this Agreement is in effect a limited, non-exclusive license to use the Site Materials solely for my personal and non-commercial use in conjunction with my bona fide potential purchase or sale of real estate of the type available through the Website. I will not copy, re-distribute, re-transmit, commercialize, sell, license, re-license, sub-license, or otherwise make the Site Materials available to any third party, use such Site Materials in any manner that competes with the business of AAL or any third party that supplies the real estate data and images accessible to Me at the Website, nor will I assist others in doing so; provided that I may share information about individual properties that I may wish to purchase or rent with my spouse, children, other family members, loan officer, accountant, attorney or tax advisor.
I will use my best efforts to cooperate with AAL or its third party content licensors on reasonable terms in the event such persons or entities deem it necessary to seek to enjoin or otherwise prohibit the unauthorized or infringing use by a third party of the Site Materials by reason of my use of the Website.
I hereby grant AAL a non-exclusive, royalty-free, perpetual, worldwide license to copy, distribute, re-license, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat any materials or content that I submit or contribute through the Website, or transmit to a real estate broker, agent or AAL through my AAL Account, including feedback, comments, and suggestions for improvement to the content or functionality of the Website (“Submissions”), and to use my name in connection with my Submissions in their discretion, provided that I may revoke my permission to use my name in connection with my Submissions by written notice to AAL. AAL is not obligated to publish or use any of my Submissions, and may remove such Submissions from display on the Website, or on any other web site at any time without notice to Me, and without my consent. I represent and warrant that any Submissions made by Me do not infringe upon the intellectual property rights of any third party. I understand and agree that AAL does not assume any responsibility or liability for any material or content that I submit to or through the Website, or directly to real estate agent, broker or AAL. I understand that no compensation shall be paid or owed to Me with respect to the use of my Submissions as licensed above.
I understand that I may not post to the Website or transmit to a real estate broker, agent, or AAL any “Prohibited Submissions”, which shall include, but are not limited to, Submissions that are deemed by AAL in its sole discretion to be patently offensive, or promote racism, bigotry, hatred or physical harm of any kind against any group, individual, or property; harass or advocate harassment of another person; exploit people in a sexual or violent manner; contain violence or offensive subject matter or contain a link to an adult website; solicit personal information from anyone under the age of eighteen (18); promote or disseminate information that I know is false or misleading or promote illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous; promote or disseminate an illegal or unauthorized copy of another person’s copyrighted work; involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; further or promote any criminal activity or enterprise or provide instructional information about illegal activities, violating someone’s privacy, or providing or creating computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or include a photograph of another person that is posted without that person’s consent. AAL reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who it has reason to believe has violated this provision, including without limitation, removing the offending Submissions from the Website, or other websites hosted or maintained by AAL on which they appear, and terminating the access of such persons to the Website.
AAL DOES NOT ASSUME ANY RESPONSIBILITY FOR, AND EXPRESSLY DISCLAIMS, ANY AND ALL LIABILITY FOR ANY OF YOUR SUBMISSIONS. AAL DOES NOT ASSUME ANY RESPONSIBILITY FOR MONITORING SUBMISSIONS AND, IF AT ANY TIME AAL CHOOSES, IN ITS SOLE DISCRETION, TO MONITOR SUBMISSIONS, AAL NONETHELESS DOES NOT ASSUME ANY RESPONSIBILITY FOR THE SUBMISSIONS, OR ANY OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE, INACCURATE OR PROHIBITED SUBMISSION, OR ANY RESPONSIBILITY FOR YOUR OR ANY OTHER AAL WEBSITE VISITOR’S CONDUCT IN SUBMITTING ANY SUBMISSION. FURTHERMORE, AAL DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING YOUR ABILITY TO RELY UPON ANY SUBMISSIONS SUBMITTED BY OTHER WEBSITE VISITORS OR OTHERS, OR ANY SUBMISSIONS THAT YOU TRANSMIT TO OTHER WEBSITE VISITORS OR OTHER PARTIES.
AAL useS GOOD FAITH efforts to provide accurate, complete, and current information on THE WEBSITE, BUT I UNDERSTAND THAT it is MY responsibility to verify any information provided ON OR THROUGH THE WEBSITE. AAL DOES NOT guaranty or warrant that the content ON THE WEBSITE is accurate, complete, timely, or free of technical or typographical errors. I EXPRESSLY ACKNOWLEDGE AND AGREE THAT MY USE OF THE CONTENT DISPLAYED ON THE WEBSITE IS AT MY SOLE RISK. AAL PROVIDES THE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. AAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING THE WEBSITE OR PROPERTY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AAL DOES NOT MAKE ANY WARRANTY THAT THE CONTENT AVAILABLE TO ME ON THE WEBSITE OR ANY OTHER AAL PROPERTY WILL MEET MY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE AND THE CONTENT THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. AAL DOES NOT MAKE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE OR ANY OTHER AAL PROPERTY, OR ABOUT THE ACCURACY OR RELIABILITY OF ANY CONTENT ON, OR ACCESSIBLE THROUGH, ANY WEBSITES OR PROPERTIES. AAL DOES NOT MAKE ANY WARRANTIES REGARDING ANY INFORMATION OBTAINED BY YOU, OR ANYONE ACTING ON YOUR BEHALF, FROM ANY HYPERLINKED THIRD PARTY SITE.
I AGREE THAT NEITHER AAL, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DISPLAYING THE WEBSITE SHALL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, ARISING OUT OF MY ACCESS TO, USE OF, OR INABILITY TO USE, THE WEBSITE, ANY OTHER AAL PRODUCTS, SERVICES, OR CONTENT OFFERED OR PROVIDED ON THE WEBSITE, ANY OTHER HYPERLINKED WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OR FUNCTIONALITY THEREOF. AAL SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY PERSON’S RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED ON OR THROUGH THE WEBSITE, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT, OR COMPLETE, OR THE CONSEQUENCES OF ANY ACTION I OR ANY OTHER PERSON MAY TAKE OR FAIL TO TAKE BASED ON CONTENT PROVIDED BY OR AS A RESULT OF THE USE OF THE WEBSITE. I SPECIFICALLY AGREE THAT AAL IS NOT LIABLE FOR ANY CONDUCT BY ME ASSOCIATED WITH THE WEBSITE. AAL IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO MY, OR ANY OTHER PERSON’S, COMPUTER THAT RELATES TO OR RESULTS FROM USE OF THE WEBSITE OR ANY OTHER AAL PRODUCTS OR SERVICES. IN NO EVENT SHALL AAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, VENDORS, INDEPENDENT CONTRATORS, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM MY USE OR MY INABILITY TO USE THE WEBSITE, OR FROM ANY INFORMATION, PRODUCTS OR SERVICES PURCHASED, OBTAINED, OR ACCESSED FROM THE WEBSITE, OR FROM ANY MESSAGES RECEIVED OR TRANSMITTED FROM OR THROUGH MY AAL ACCOUNT OR THE WEBSITE, OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I UNDERSTAND SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO ME.
I agree to defend, indemnify, and hold harmless AAL and any of its affiliates, officers, subsidiaries, parents, partners, directors, employees, agents or independent contractors from any damages, judgments, costs, and expenses, including attorney’s fees and litigation costs and expenses at trial or on appeal, arising from any claim by a third party based upon my use of the Website or any Submissions I transmit to the Website, or to AAL , or based on any breach by Me of My duties, obligations, representations or warranties set forth in this Agreement..
I agree that my unauthorized use of the Site Materials will cause injury to AAL or one or more of its affiliates or independent contractors, that cannot adequately be remedied by money damages, and that AAL, its respective affiliates, or any one of them shall be entitled to preliminary or permanent injunctive relief to enjoin my use of the Website, or the Site Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If such party is successful in securing a preliminary injunction order against Me, I waive any obligation of such party to post a security bond in conjunction therewith.
I UNDERSTAND THAT THIS AGREEMENT DOES NOT IMPOSE A FINANCIAL OBLIGATION ON ME. I UNDERSTAND THAT ANY LICENSED REAL ESTATE BROKER OR AGENT HAVE NOT ENTERED INTO ANY FORM OF FIDUCIARY OR BROKERAGE RELATIONSHIP WITH ME SOLELY BY GRANTING ME ACCESS TO, AND LIMITED USE OF, THE SITE MATERIALS AVAILABLE ON THE WEBSITE. ANY FORM OF FIDUCIARY OR BROKERAGE RELATIONSHIP BETWEEN ME AND A REAL ESTATE BROKER OR AGENT SHALL NOT EXIST UNLESS AND UNTIL THE BROKER OR AGENT SHOWS ME PROPERTY AVAILABLE FOR SALE OR LEASE, OR I REQUEST THE AGENT TO ASSIST ME IN PROCURING A REAL ESTATE SALES OR LEASE CONTRACT ON TERMS ACCEPTABLE TO ME.
I understand and agree that AAL, in its sole discretion, may terminate this Agreement, and any of my corresponding subscriptions, delete any content stored on the Website, direct Me to cease accessing the Website, and discontinue or restrict my access to the Website, all without notice to Me and for any reason. I agree that AAL shall not be liable to Me or to any third party for any modification, suspension, or discontinuance of my access to the Website, or any parts thereof. Upon termination of this Agreement, AAL shall not have any further obligation to Me, including any duty to return or destroy any information I may have supplied to AAL during the term of this Agreement.
I understand and agree that I AAL has entered into referral agreements with third party providers of products and services, including but not limited to, in-home care services, for which AAL receives compensation from the third party providers if visitors to the AAL Website contact such third parties about the possiblity of purchasing their products or services. If I complete a form accessible on the Website indicating my interest in receiving more information about such third parties’ products and services, I further authorize AAL to provide such service providers with my, or my family members’, name, phone number, zip code, email address, and such other information about me or my family members as may be requested by the product or service providers. I certify to AAL that such contact information I provide to AAL for this purpose is true and correct. I further understand and agree that representatives of such product or service provider(s) can and will contact me or my family member(s) about the specific products or services they offer, and the terms and conditions under which they will provide such products and services to me or my family member(s).
In the event that any provision of this Agreement is, becomes, or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision.
The failure of AAL at any time or times to require performance of any provision hereof shall in not in any manner affect the right of AAL at a later time to enforce the same.
I acknowledge that AAL’s use of any information I supply through my AAL Account is subject to the Privacy Policy located at http://www.activeadultliving.com/page/privacypolicy on the Website.
This Agreement may not be assigned by Me by contract, operation of law, or otherwise. I understand and agree that AAL may assign this Agreement, or otherwise transfer their rights and obligations under this Agreement at any time without my consent or notice to Me.
I acknowledge that the Content contained on the Website is controlled in and originates from the United States. AAL does not make any representation that any of the Content is appropriate or available for use in other locations. AAL does not have any responsibility for any access to the Website from territories where the Content may be illegal or otherwise prohibited. If I choose to access the Website from other locations, I do so at my own risk and am responsible for compliance with applicable local laws. I agree that any claim relating to the enforcement or interpretation of this Agreement, my use of the Website, or the functionality or Content available on the Website, or any of the Site Materials, shall be governed by the internal substantive laws of the State of Kansas, without regard to its conflicts of laws rules. I agree that any action or petition to enforce or interpret this Agreement shall be brought in the state or federal courts located in Wyandotte County, Kansas, and I expressly waive any objection to the personal jurisdiction of such courts. If AAL or any of its respective affiliates prevails in any petition filed by or against Me to interpret or enforce this Agreement, I agree that the Court shall enter an award on behalf of AAL for AAL’s reasonable attorney's fees, costs, and litigation expenses associated with the prosecution or defense of such suit, or the successful appeal of any judgment or award rendered on behalf of AAL.
I agree that AAL may amend or modify this Agreement at any time without notice to Me or my consent, and make such amended versions of this Agreement accessible at the Website. My use of the Website after AAL has amended or modified this Agreement shall be deemed my acceptance of such amendments or modifications. If I do not want to be bound by an amendment or modification of this Agreement, my sole remedy is to terminate this Agreement by written or email notice to AAL and to refrain immediately from accessing the Website upon transmittal of such notice.
This Agreement was last updated: date August 30, 2016