AGREEMENT BETWEEN USER AND BEYOND HOUSING – ST. LOUIS, MO
The Beyond Housing – St. Louis, MO Web Site (“the Web Site”) is comprised of various web pages operated by Beyond Housing – St. Louis, MO and its affiliates (collectively, “BH-STL MO”).
The Web Site is offered to you (“you” and “your” referring to the User of the Web Site) conditioned upon your acceptance without modification of all of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions, and notices.
BH-STL MO reserves the right, without advance notice, to modify the terms, conditions, and notices under which the Web Site is offered, including but not limited to the charges, if any, associated with the use of the Web Site. Your use of the Web Site after such modification constitutes your agreement to the modified terms, conditions, and notices, without the necessity of additional consent from you.
LINKS TO THIRD PARTY SITES
The Web Site may contain links to other web sites (“Linked Sites”). These Linked Sites are not under the operation or control of BH-STL MO, and as such, BH-STL MO is not responsible for the contents of any such Linked Sites, including without limitation any link(s) contained in a Linked Site, or any changes or updates to a Linked Site. BH-STL MO is not responsible for webcasting or any other form of transmission received from any Linked Site. BH-STL MO is providing these links to you solely as a convenience, and the inclusion of any link shall not imply or establish any endorsement by BH-STL MO of the site or any association with its operators. BH-STL MO makes no representations with respect to any such Linked Sites, links, or any of the operators of the same.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Site, you represent and warrant to BH-STL MO that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or otherwise interfere with any other party’s use and/or enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through unlawful means or through any means not purposefully made available or provided for by BH-STL MO through the Web Sites.
USE OF COMMUNICATION SERVICES
The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are lawful, proper, and specifically related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software, programs, or files that may interfere with, damage, and/or hinder the operation of the Website and/or another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes, chain letters, or other spam.
- Download or distribute any file(s) posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify, alter, or delete any author attributions, legal or other proper notices or proprietary designations or labels of software or other material contained in any file(s) that are uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services and/or the Web Site.
- Violate any code of conduct, policies, or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations in connection with your use of the Communication Services.
BH-STL MO has no obligation to monitor the Communication Services. However, BH-STL MO reserves the right at all times to do so and to remove any materials or information in BH-STL MO’s sole discretion. BH-STL MO also reserves the right to terminate your access to any or all of the Communication Services and/or to the Web Site at any time without notice for any reason whatsoever in BH-STL MO’s sole discretion.
BH-STL MO reserves the right at all times to disclose any information as necessary to satisfy applicable law, regulation, legal process or governmental request, and/or to edit, to refuse to post, or to remove any information or materials, in whole or in part, in BH-STL MO’s sole discretion.
You should always use caution when giving out any personally identifying information about yourself or your family in any Communication Service. BH-STL MO does not control or endorse the content, messages or information found in any Communication Service. BH-STL MO specifically disclaims any liability with respect to the same and/or from any actions resulting from your participation in any Communication Service, and you agree that BH-STL MO shall not be liable for the same. Be advised that managers and hosts are not authorized spokespersons for BH-STL MO, and their views do not necessarily reflect those of BH-STL MO.
MATERIALS PROVIDED TO BH-STL MO OR POSTED ON THE WEB SITE
BH-STL MO does not claim ownership of the materials you provide to BH-STL MO (including feedback and suggestions) or to materials that are posted, uploaded, input or submitted to the Web Site or its associated services (collectively “Submission(s)”) by Users. However, by posting, uploading, inputting, providing or submitting any Submission(s), you agree that you are granting BH-STL MO and any necessary sublicensees permission to use your Submission(s) in connection with the operation of their businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission(s) and to publish your name in connection with your Submission(s), without any compensation to be paid to you with respect to your Submission(s).
BH-STL MO is under no obligation to post or use any Submission(s) you may provide and reserves the right to and may remove any Submission(s) at any time in BH-STL MO’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission(s), you warrant and represent that you own or otherwise control all of the rights to your Submission(s) as described herein including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission(s), and you agree to indemnify and hold BH-STL MO harmless from and against any claims, liabilities, and/or losses arising out of any breach of this warranty and representation by you.
BH-STL MO DOES NOT WARRANT: (i) THAT ACCESS TO OR USE OF ALL OR ANY PART OF THE WEB SITE WILL BE CONTINUOUS, ERROR-FREE, OR UNINTERRUPTED OR (ii) THAT THE WEB SITE WILL MEET YOUR NEEDS. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY BH-STL MO ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION AND CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU SHOULD NOT RELY UPON ANY SUCH INFORMATION AND CONTENT AND SHOULD CONDUCT YOUR OWN INVESTIGATION AND ANALYSIS AND CONSULT AN APPROPRIATE PROFESSIONAL FOR ADVICE WITH RESPECT TO THE SAME AS IT RELATES TO YOUR OWN SITUATION.
ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF A USE IN TRADE OR COURSE OF DEALING OR PERFORMANCE.
YOU AGREE THAT BH-STL MO IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, LOSS OF USE, DELAY, FAILURE TO PROVIDE SERVICES, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR PERFORMANCE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BH-STL MO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOU WAIVE ANY RIGHTS AND AGREE TO HOLD BH-STL MO HARMLESS FROM AND AGAINST ANY SUCH DAMAGES OR LOSSES.
SERVICE CONTACT: email@example.com
BH-STL MO reserves the right, in its sole discretion, to terminate and/or restrict your access to the Web Site and the related services, or any portion thereof, at any time, for any reason, and without notice.
COPYRIGHT, TRADEMARK, AND INTELLECTUAL PROPERTY:
All contents of the Web Site are: Copyright 2008 by BH-STL MO. All rights are reserved.
BH-STL MO retains all rights, title and interests in and to the Web Site and any related Intellectual Property. Any suggestions, solutions, improvements, corrections, or other contributions you may provide with respect to the Web Site will become the property of BH-STL MO, and you hereby assign all such rights to BH-STL MO without charge. You are granted a non-exclusive, non-transferable license with respect to use of the Web Site on the terms and conditions set forth in this Agreement.
Bear in mind that the names of companies and products mentioned on the Web Site may be trademarks of their respective owners. You agree not to infringe upon any such rights in connection with your use of the Web Site, and you agree to indemnify and hold BH-STL MO harmless from and against any losses or liabilities arising out of your breach of this obligation.
When example companies, organizations, products, people and events depicted herein are used, such companies are fictitious, and no association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted to you herein are reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be emailed to firstname.lastname@example.org which will be sent to BH-STL MO’s Designated Agent. ALL OTHER INQUIRIES SENT TO THIS ADDRESS WILL RECEIVE NO RESPONSE.
This agreement is governed by the laws of the State of Missouri and you hereby consent to, and waive any objection to, the exclusive jurisdiction and venue of the state and federal courts located in St. Louis County, Missouri with respect to any disputes arising out of or relating in any way to this Agreement and/or your use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this section.
You agrees that in the event of any breach or threatened breach of this Agreement by you, BH-STL MO shall be entitled to obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect BH-STL MO against any such breach or threatened breach, including, but not limited to, preliminary and permanent injunctive relief without the necessity of posting a bond. YOU HEREBY WAIVE AND RELINQUISH ALL RIGHTS TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR TO YOUR USE OF THE WEB SITE.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BH-STL MO as a result of this Agreement and/or your use of the Web Site.
BH-STL MO reserves all rights under applicable law with respect to this Agreement. 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/or liability limitations set forth herein, then the invalid or unenforceable provision will be deemed modified to conform with applicable law and the remainder of this Agreement shall continue in full force and effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you (the User) and BH-STL MO with respect to the Web Site, and it supersedes all prior or contemporaneous negotiations, communications, and proposals, whether electronic, oral, written, or otherwise, between you and BH-STL MO with respect to the Web Site.