OWNERSHIP AND RIGHTS
User acknowledges and agrees that the Content is owned and copyrighted or licensed by Cemulise. No rights of any kind to the Content, any third party information or other materials are transferred to the Users of the Site. To the full extent of applicable laws, all rights are reserved by Cemulise. User acknowledges that Cemulise shall have the right to separately enforce the provisions of this TOUA and any other matters that pertain to Cemulise's rights and interests as they relate to the Site and its use thereof. No reproduction, distribution, or transmission of the copyrighted or proprietary information or materials on the Site is permitted without prior express written permission of Cemulise.
LISTING PROPERTY FOR SALE, OPEN HOUSE, AND OR SEEKING CERTIFICATION
User acknowledges and agrees that if a buyer wants to see the property listed herein for sale or open house, the listing person binds him/herself to have the property certified and shall abide all terms and conditions of the certification. The realtors may list properties for sale with us with out any good faith escrow amount however the owners without a realtor, must post a good faith escrow amount which will refunded upon their complying with the certification. The potential buyer aSKINSg for a property to be certified agrees to post a good faith escrow deposit and place a bid when he / she receives the certification within the stipulated time, as per the terms and conditions of the property or will forfeit his / her good faith escrow amount. A realtor who places the listing for sale, open house, and or asks for a property to be certified for a client and does not follow up on certification and or bid from the buyer, will be subject to discipline including but not limited to being barred from trading on this system. Although we have had huge success in getting the uncertified home converted to as Certified, whenever a potential buyer requests it, yet Cemulise make no warranty that all requests will be successful. In the event that a listing that has been garnered by another search engine we shall endure to have it certified by its owners for the prospective buyer, but in no event does Cemulise warrant to any buyer that all listing(s) / seller(s) will agree to certification for the buyer.
The service and the content as provided by Cemulise is provided on an "as is" and "as available" basis without any warranties of any kind, whether ever, express or implied. To the fullest extent permissible pursuant to applicable law, Cemulise disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Cemulise does not represents or warrants that the Content and/or features provided by the Site will be uninterrupted or error free and that defects will be corrected and or that the Site or the server that makes the Site available are free of viruses or other harmful components, and or any representation as to its correctness, accuracy, reliability or otherwise regarding the use or results of the use of the materials provided, any responsibility for the accuracy or completeness of the Content, including but not limited to listing(s) or professional's information, and or information provided by independent third parties. Cemulise is neither responsible nor is endorsing for any links to third party web sites nor for the content on those sites. Information, access or use of Cemulise and any third party website is solely at the User's own discretion and risk. The Site is operated principally for users in North America and its use outside these territories is illegal or and not permitted. Users who access this Site from other locations outside our operating territory are responsible for compliance of all laws regarding the transmission of technical data exported from the United States and Canada.
LIMITATIONS OF USE AND LIABILITY
Access to and use of the Site is subject to TOUA. User agrees to use the Site solely for the purpose of identifying and transacting upon the prospective properties / services. User agrees to not to copy, reproduce, transmit, modify, distribute, publish, screen scrapping or data scrapping, re-use, disable, overburden, damage or impair the use of the Site, re-display in another Web page or Site, create any derivative works from, create links to or frame the Site, transfer or sell any of the Content in Cemulise. CEMULISE shall not be liable, whether based in contract or tort, for any indirect, incidental, special, consequential or punitive damages, whether or not foreseeable, including, but not limited to for any lost revenues, profits, savings, opportunities, or other damages that may arise out of the use of or the inability to use, the content and/or capabilities of this site, even if operator, Cemulise and/or any authorized representative of either of them has been advised of the possibility of such damages. Any software, information, content, or material of any kind downloaded or otherwise obtained through the use of the site is done at the user's own discretion and risk, and each user will be solely responsible for any damage to its computer site or loss of data that results from such download or use of the content and/or capabilities of this site.
Every User hereby indemnifies, defends, and holds harmless Cemulise, and their respective officers, directors, shareholders, employees, agents, partners, affiliates and contractors from and against any and all claims, actions, liabilities, damages, and expenses, including, without limitation, reasonable attorneys' fees and court costs, arising from the violation of any of the terms and conditions of this TOUA by the User; unavailability, inaccuracy or incompleteness of the Site or the Content; and Users' access to or use or misuse of any of the Content contained within or displayed at the Site.
TERMINATION & GOVERNING LAW
In the event of any unauthorized access, use or misuse of the Site or the Content, the User agrees to immediately cease accessing and/or using the Site and the Content for any purpose. This TOUA shall be governed by the laws of the current location and or in any other place it so chooses to do business from in future, without regard to its conflict of law's provisions. The venue in any action brought to enforce or arising from this TOUA or User's access to or use of the Site shall be in a federal or state, county or local court of the location it is operating from. By accessing this site, the user acknowledges that it has read this TOUA, understood it, and agrees to be bound by its terms and conditions. If any of the provisions of this TOUA are held invalid or unenforceable by a court of law with jurisdictions over such matter, such provisions will be deleted from this TOUA and the remaining provisions will remain binding and enforceable.