| Terms of
Use
Technology Mix, Inc.
and/or its partners (together referred to as
"Technology Mix") operate this family of web
sites (Including, but not limited to TechnologyMix.com,
RealtyBrokerOffice.com, RealtyAgentOffice.com)
and associated web pages. For the purposes of these Terms
of Use, Technology Mix refers to this family as the "Technology
Mix Web Sites."
Technology Mix offers you
access to the Technology Mix Web Sites in exchange for
your agreement to accept and comply with the terms,
conditions, and notices stated here and as may be modified
by Technology Mix from time-to-time. Technology Mix refers
to these terms, conditions, and notices, whether modified
or unmodified, as the "Agreement" or as the
"Terms of Use". Technology Mix reserves the
right to modify in its sole discretion this Agreement
and/or the Technology Mix Web Sites without providing
notification. You are responsible for regularly reviewing
this Agreement. Technology
MixTechnology
MixTechnology
MixTechnology
Mix.
Your use of certain web
sites and/or web pages within the Technology Mix Web Sites
may be subject to additional terms that are specific to
such web sites and/or web pages (the "Specific
Terms") as either contained (i) on this page below
this Agreement and/or (ii) on such web sites and/or web
pages (for example, terms that typically govern particular
features or offers such as sweepstakes are typically found
on the relevant web site or web pages).
NOTICE FOR ALL FINANCIAL
AND MORTGAGE TOOLS - These are calculation tools, not an
offer to lend. Interest rates shown are for demonstration
purposes only. Actual market interest rates may vary.
Except where we specify
otherwise, Technology Mix offers you access to the Technology
Mix Web Sites solely
for your personal and non-commercial uses. You promise
that you will not use the Technology
Mix Web Sites, in
whole or in part, for any purpose that is unlawful or
prohibited by these Terms of Use or for any purposes other
than those that are personal and non-commercial. You agree
that you will not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create
derivative works from, frame in another Web page, use on
any other web site, transfer or sell any information,
software, lists of users, databases or other lists,
products or services provided through or obtained from the
Technology Mix
Web Sites. This means, among other activities, that agree
not to engage in the practices of "screen
scraping," "database scraping," or any
other activity with the purpose of obtaining lists of
users or other information. You agree that you will not
use the Technology
Mix Web Sites in any
manner that could damage, disable, overburden, or impair
the Technology Mix
Web Sites or interfere with any other party's use and
enjoyment of the Technology
Mix Web Sites. You
may not obtain or attempt to obtain any materials or
information through any means not intentionally made
available or provided for through the Technology
Mix Web Sites.
If and when requested by
Technology Mix you agree to provide true, accurate and
complete user information and to refrain from
impersonating or falsely representing your affiliation
with any person or entity. Except with the written
permission of Technology
Mix, you agree that
you will not access or attempt to access password
protected, secure or non-public areas of the Technology
Mix Web Sites.
Unauthorized individuals attempting to access prohibited
areas of the Technology
Mix Web Sites may be
subject to prosecution.
Except with the written
permission of Technology Mix, you agree that you will not
create links from any web site or web page to any page
within the Technology Mix Web Sites with the exception of
the Technology Mix
Web Sites homepages, including, but not limited to pages
currently located at www.technologymix.com,
and
www.realtybrokeroffice.com.
The origin of any such link to the Technology Mix Web
Sites homepage must be accompanied by a clear and
prominent attribution indicating that the link is
connected to the Technology Mix Web Sites homepage. For
example, prominently positioning the "Technology Mix"
name and mark such that there is clear association between
the name and mark and the destination of the link is
acceptable. However, you agree that you will not juxtapose
the "Technology Mix" name and mark and the link
with your name or any other material(s) in a manner which
might give rise to any erroneous conclusion that there is
any affiliation or association between Technology Mix, on
the one hand, and you or any other person or entity, on
the other hand. You agree that if Technology Mix, in its
sole and unfettered discretion, requests in writing that
you remove any link or links to the Technology Mix Web
Sites, you will promptly do so. You agree that if you
create any link to the Technology Mix Web Sites that you
will not employ any technology that results in the
placement of content from the Technology Mix Web Sites in
a frame and/or a reduced pop-up window and/or any other
display mechanism which changes the Technology Mix Web
Sites from how they would appear if a user typed in their
URL to a typical browser line.
You agree that Technology
Mix may in its sole discretion and at any time terminate
your access to and use of the Technology Mix Web Sites, or
any part thereof, with or without notice.
The Technology Mix Web
Sites may include a number of venues such as bulletin
boards, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or
communication facilities designed to enable you to
exchange thoughts and opinions with other members of the
public ("Public Content"). Since Technology Mix
firmly believes in the value of free and open exchanges,
it makes no effort and is under no obligation to monitor,
pre-screen, or otherwise censor such thoughts and
opinions. Therefore, Technology Mix cannot guarantee the
appropriateness, accuracy, sufficiency, correctness,
veracity, completeness or timeliness of such thoughts and
opinions. You are responsible for confirming the
sufficiency and reliability of any such thoughts or
opinions you may use or rely upon. If you wish to inform
Technology Mix of any Public Content that may indicate
copyright infringement by any person or entity, Pursuant
to Title 17, United States Code, Section 512(c)(2), if you
wish to inform Technology Mix of any suspected copyright
infringement please forward your notification to
Legal Department
Technology Mix, Inc.
77 Las Tunas Drive, Suite 205
Arcadia, CA 91007
Fax (626) 574-9633
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT:
YOUR USE OF AND RELIANCE
UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO
Technology Mix CONTENT, AFFILIATE CONTENT, AND PUBLIC
CONTENT, PROVIDED BY Technology Mix THROUGH THE Technology
Mix WEB SITES IS AT YOUR SOLE RISK. SUCH INFORMATION IS
PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Technology Mix MAKES NO EXPRESS OR
IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH
REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY,
CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS
OF SUCH INFORMATION. Technology Mix EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Technology Mix SHALL HAVE NO LIABILITY
TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY
THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND
INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR
INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE Technology Mix WEB SITES IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
In order for you to
participate in certain services that Technology Mix
provides through the Technology Mix Web Sites, Technology
Mix will require that you provide specific information
about yourself (the "Technology Mix Solicited
Information"). If you choose to participate in such
services, you agree to provide true, accurate and complete
information and to refrain from impersonating or falsely
representing your affiliation with any person or entity.
Technology Mix is committed to maintaining the privacy and
security of any and all such information that you provide
to Technology Mix through the Technology Mix Web Sites. To
that end, Technology Mix urges you to review the
Technology Mix Privacy Policy which may be accessed by
clicking on the following link:
Privacy Policy
The Technology Mix Web
Sites include a number of venues such as bulletin boards,
chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication
facilities designed to enable you to share your thoughts
and opinions with other members of the public ("Your
Publicly Posted Information"). Since Technology Mix
firmly believes in the value of free and open exchanges,
it makes no effort and is under no obligation to monitor,
pre-screen, or otherwise censor your thoughts and
opinions. Therefore, Technology Mix cannot be responsible
for the appropriateness, accuracy, sufficiency,
correctness, veracity, completeness, or timeliness of such
thoughts and opinions. Always use caution when posting any
personally identifying information about yourself or your
children on any of the Technology Mix Web Sites.
You promise that you will
not use the Technology Mix Web Sites to:
- (a) post, upload or
otherwise transmit any content not related to
appropriate subject matters;
- (b) post, upload or
otherwise transmit any content which is misleading to
others, including consumers;
- (c) post, upload or
otherwise transmit any content that is unlawful,
harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
- (d) post, upload or
otherwise transmit any content that you do not have a
right to post and transmit under any law or under
contractual relationships;
- (e) post, upload or
otherwise transmit any content, such that such
posting, uploading, or transmission constitutes the
infringement of any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
- (f) post, upload or
otherwise transmit any materials that contain software
viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment; or
- (g) intentionally or
unintentionally violate any applicable local, state,
national or international law, or any regulations
having the force of law, including the Civil Rights
Act of 1866, the Fair Housing Act, the Americans with
Disabilities Act, and the Equal Credit Opportunity
Act.
By posting content to the
Technology Mix Web Sites, you grant Technology Mix a
non-exclusive license to (i) host, use, reproduce, modify,
distribute, transmit, combine with information provided by
third parties, and publicly display such content on and
through web sites controlled by Technology Mix, including
but not limited to the Technology Mix Web Sites, and
co-branded or mirrored versions of such sites, and in
Technology Mix's promotional or advertising materials, and
(ii) sublicense to third parties such content to the
extent necessary for the creation and maintenance of, in
part or in whole, such sites.
You acknowledge that
while Technology Mix does not pre-screen content posted by
you to the Technology Mix Web Sites, Technology Mix and
its designees shall have the right (but not the
obligation) in their sole discretion to refuse or remove
any content that is posted by you or any other party to
the Technology Mix Web Sites. Without limiting the
foregoing, Technology Mix and its designees shall have the
right to remove any content that violates this Agreement
or is otherwise objectionable, and to terminate your
access to any or all of the Technology Mix Web Sites at
any time without notice for any reason whatsoever. You
agree that you must evaluate, and bear all risks
associated with, the use of any content you post to the
Technology Mix Web Sites, including any reliance on the
accuracy, completeness, or usefulness of such content.
Technology Mix reserves
the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal
process or governmental request.
By posting, uploading,
inputting, providing or submitting content to the
Technology Mix Web Sites, you warrant and represent that
you own or otherwise control all of the rights to such
content including, without limitation, all the rights
necessary for you to provide, post, upload, input or
submit such content.
YOU AGREE TO INDEMNIFY
AND HOLD Technology Mix AND ITS, SUPPLIERS, AFFILIATES,
SUBSIDIARIES, EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS
AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE
ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING
OUT OF ANY INFORMATION, INCLUDED BUT NOT LIMITED TO TECHNOLOGY
MIX SOLICITED INFORMATION, AFFILIATE SOLICITED
INFORMATION, AND YOUR PUBLICLY POSTED INFORMATION,
SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE Technology Mix
WEB SITES AND/OR Technology Mix
AND/OR ITS AFFILIATES.
Technology Mix
provides through the Technology Mix Web Sites a number of
venues in which interactive services ("Interactive
Services"), such as on-line calculators, planning
tools, and checklists, are offered to you. Such services
are offered by Technology Mix for the sole purpose of
disseminating information for the public's benefit. Technology Mix
cannot guarantee the accuracy, sufficiency, correctness,
veracity, completeness, or timeliness of such services.
You are responsible for confirming the sufficiency and
reliability of any such service.
THE INFORMATION CONTAINED
IN AND PROVIDED THROUGH TECHNOLOGY MIX'S
INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A
SUBSTITUTE FOR PROFESSIONAL ADVICE. Technology Mix
MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR
GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN
AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE
APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACTIY, VALUE,
SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA,
METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED
THROUGH SUCH SERVICES. Technology Mix
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO
SUCH SERVICES. Technology Mix
SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH
SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR
DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST
REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR
OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE
INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH
SERVICES. IN NO EVENT WILL Technology Mix
BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD
PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF
SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE
INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH
SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR
DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE
SERVICE.
A number of commercial
services, such as financial and contractor services, are
offered by third parties through the Technology Mix Web
Sites. You acknowledge that by permitting such services to
be offered through the Technology Mix Web Sites, Technology Mix
is acting as a passive conduit for the transmission to
such third parties of any information related to such
services that you submit to Technology Mix. In order for Technology Mix
to distribute your information and facilitate contacts
between you and such third parties, you hereby grant Technology Mix
permission to disclose any and all of the information that
you provide to Technology Mix to any such third party that
Technology Mix, in its sole discretion, deems relevant and
appropriate.
Any information that you
provide to Technology Mix must be true, complete, and
accurate, must not represent you as someone else or
falsely identify you, and must not violate any law,
statute, ordinance or regulation. You are solely
responsible for such information and for all of the terms
and conditions of transactions between you and such third
parties, including, without limitation, terms regarding
warranties, insurance, fees, taxes, titles and licenses.
You must not submit a request for a third party service
through the Technology Mix Web Sites unless you intend, in
good faith, to contract with such third party for the use
of such service.
Technology Mix
is not and will not be responsible for (i) the terms and
conditions of any transaction between you and any third
party, (ii) any insufficiency of or problems with any such
third party's background, insurance, credit or licensing,
or (iii) the quality of services performed by any such
third party or any other legal liability arising out of or
related to the performance of such services. In the event
that you have a dispute with any such third party, you
release Technology Mix (and its affiliates, agents and
employees) from any and all claims, demands and damages
(actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with
such disputes.
This Agreement is
governed by the laws of the State of California, U.S.A.
You hereby consent to the exclusive jurisdiction and venue
of courts sitting in California, County of Los Angeles
and/or Central District of California in all disputes
arising out of or relating to the use of the Technology Mix
Web Sites. Use of the Technology Mix Web Sites is
unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including
without limitation this paragraph.
You agree that no joint
venture, partnership, employment, or agency relationship
exists between you and Technology Mix as a result of this
Agreement or use of the Technology Mix Web Sites. Technology Mix's
performance of this Agreement is subject to existing laws
and legal process, and nothing contained in this Agreement
is in derogation of Technology Mix's right to comply with
governmental, court and law enforcement requests or
requirements relating to your use of the Technology Mix
Web Sites or information provided to or gathered by Technology Mix
with respect to such use. If any part of this Agreement is
determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and
the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement
constitutes the entire agreement between you and Technology Mix
with respect to the Technology Mix Web Sites and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between
you and Technology Mix with respect to the Technology Mix
Web Sites. A printed version of this Agreement and of any
notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject
to the same conditions as other business documents and
records originally generated and maintained in printed
form.
THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Technology Mix,
ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN NO EVENT SHALL Technology Mix
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
Technology Mix WEB SITES, WITH
THE DELAY OR INABILITY TO USE THE Technology Mix
WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE Technology Mix WEB SITES,
OR OTHERWISE ARISING OUT OF THE USE OF THE Technology Mix
WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Technology Mix
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Technology Mix
WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Technology Mix
WEB SITES.
You agree to indemnify,
defend and hold harmless Technology Mix, its partners,
affiliates, subsidiaries and suppliers from any liability,
loss, claim and expense (including attorneys' reasonable
fees) related to your violation of this Agreement.
All materials on the Technology Mix
Web Sites (as well as the organization and layout of the Technology Mix
Web Sites) are owned and copyrighted or licensed by Technology Mix,
its affiliates or its suppliers. (c) 2000 - 2004 Technology Mix
Services Co., Inc. All rights reserved. No reproduction,
distribution, or transmission of the copyrighted materials
at the Technology Mix Web Sites is permitted without the
written permission of Technology Mix. Any rights not
expressly granted herein are reserved.
Pursuant to Title 17,
United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright
Infringement.
Legal Department
Technology Mix, Inc.
713 W. Duarte Rd., #G 161
Arcadia, CA 91007
Fax (626) 551-2503
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