TERMS OF USE
Access
to this website and use of the services provided hereon are subject to these Terms
of Use. By accessing, using, or downloading materials and utilizing the
services through this website, you agree to be bound by these Terms and
Conditions just as if you had signed this agreement. If you do not agree to be
bound by these Terms of Use, do not use this website. This website may
be updated by us from time to time without notice to you. Your use of this
website after the posting by Community Archives, Inc. of any changes to these Terms
of Use will constitute your acceptance of those changes. If you
have any questions about these Terms of Use, please contact us at
Community Archives, Inc., 1225 Alma Rd, Richardson, TX 75081, or by e-mail at cacs@communityarchives.com.
Community
Archives and its related companies (collectively, “Company”) is the owner of this
website (the "Website") and provides online services (hereinafter
"Online Services") for the purpose of facilitating access to
documents and records of or relating the sale and/or resale of residential real
estate, such documents including, but not limited to resale disclosure
packages, resale certifications, estoppel letters, status letters, statements
of account, mortgage questionnaires, lender questionnaires, condominium
certifications, planned unit development forms, rental applications,
association governing documents, appraisal information, covenant compliance
information, realtor listing information, occupancy ratios, annual disclosure
reports, reserve studies, budgets, and minutes (hereinafter “Materials”).
Registration
You
must complete the registration process by providing Company with current,
complete and accurate information as prompted by the applicable registration
form. You also will choose a password and a user name. You are entirely
responsible for maintaining the confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur
under your account. You agree to notify Company immediately of any
unauthorized use of your account or any other breach of security. Company will
not be liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. However, you
could be held liable for losses incurred by Company or another party due to
someone else using your account or password. You may not use anyone else's
account at any time, without the permission of the account holder.
Limitations
The
Materials gathered and provided through the Online Services may not be
modified, copied, distributed, reproduced, published, used to create derivative
works, transferred, shared with or disseminated to anyone for any purpose which
is inconsistent with the purpose of the Website. Furthermore, the Materials
and Online Service may not be used to facilitate unfair competition with
Company, the Website, or for any purpose which is inappropriate or unlawful
under applicable United States and international law. Furthermore, you agree
that the Online Services shall only be performed for lawful purposes. Any
transaction or transmission, which violates any state, federal or local laws is
expressly prohibited. Company may, in its sole discretion and at any time,
discontinue the Website, the Online Services, or any part thereof, with or
without notice and for any reason whatsoever. You agree that you do not have
any rights in this Website and that Company will have no liability to you if
this Website or the Online Services are temporarily unavailable, discontinued
or your ability to access this Website or the Online Services is terminated.
Information
Provided by You
As
part of the registration process and in order to provide the Online Services,
Company collects certain information provided by you such as, but not limited
to, e-mail addresses, company names, mailing addresses, telephone numbers, fax
numbers and other contact information (hereinafter "Information"). Information
that you voluntarily provide to us pertaining to prospective buyers may be provided
to third parties for their use. Company may disclose personal information to
comply with valid legal processes such as a search warrant, subpoena, or court
order, or to protect our rights and property.
Communications
with Company
When
you communicate with Company, or purchase Online Services from the Website, you
are communicating with us electronically. Your use of this Website and
purchase of Online Services, constitutes your consent to the receipt of
electronic communications from us. We will communicate with you by e-mail or
by posting notices on this Website. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing. You
understand and agree that Company is not liable for any garbled or scrambled
transmissions, including any failed attempt on your part to communicate with
us.
Procured
Services from this Website
The
Online Services available from this Website may be paid for by Visa,
MasterCard, American Express, Discover, and electronic check, and you hereby
authorize Company to charge your credit card and/or bank account(s). Company
maintains no responsibility for inadvertent errors in pricing or descriptions
of its services. In the event of typographical errors on this Website or in
our publications, Company reserves the right to cancel or refuse orders at its
sole discretion. Please contact us within thirty (30) days regarding any price
or promotion discrepancies. In the event Company has established a process for
you as a user to pay for services other than in advance, you agree to fully
compensate Company within 30 days of notification from Company that the amount
is due.
Taxes
You
acknowledge and agree to pay any applicable sales, use, ad valorem, stamp or
other taxes, based on the limited license granted or services received from
your use of this Website, exclusive, however, of personal property taxes,
franchise taxes, corporate excise taxes, and income taxes levied upon Company’s
income. You may resist payment of any such taxes by appropriate administrative
or judicial proceedings, conducted in good faith and at your sole expense.
Additionally, you may pay any such taxes, and seek a refund for them. So long
as you are contesting a payment of taxes or seeking a refund in good faith,
Company will cooperate with you to the extent reasonably necessary to
facilitate that contest.
Intellectual
Property
The
Website and Information provided through this Website is the valuable,
exclusive property of Community Archives, Inc. or its Affiliates and nothing in
this Terms of Use shall be construed as transferring or assigning any
such ownership rights to you or any other person or entity. The Website and
Information provided is protected by contract law and various intellectual
property laws, including domestic and international copyright, trademark and
other intellectual property laws.
Trademarks
The
COMMUNITY ARCHIVES® service mark (hereinafter the “Community Archives
Mark") is the property of Company. No license or right to use the
Community Archives Mark is granted whether by implication or otherwise, and use
of the Community Archives Mark is strictly prohibited unless authorized in
writing by Company. All inquiries regarding the Community Archives Mark or
whether any other name, trademark, service mark or logo is the property of
Company, should be directed to Community Archives, Inc. at 5401 N. Central
Expressway, Suite 300, Dallas, Texas 75205. Other brands, product names,
trademarks, service marks and logos appearing on this Website are the property
of their respective owners and are used by Company subject to license, or
subject to the fair use provisions of U.S. trademark law. Users on this
Website are expressly forbidden to misuse those marks.
Copyright
The
Content that Company provides on this Website, including, but not limited to,
text, graphics, images and logos, is owned by Company and is protected by U.S.
and international copyright laws Copyright © 2006, Community Archives, Inc.
Except as permitted in this Terms of Use, you may not copy, adapt,
distribute, commercially exploit, or publicly display the Information or any
portion thereof in any manner whatsoever without Company's prior written
consent. You may not remove, alter or obscure any copyright, legal or
proprietary notices in or on any portions of the Information.
Rights of
Holders
Company
has implemented procedures for receiving written notification of claimed
infringements (copyright, trademark and patent) and for processing such claims
in accordance with the Digital Millennium Copyright Act, 17. U.S.C.
§ 512. The designated agent for Company to receive notification of
claimed infringement is Paul Reyes, located at 5401 N. Central Expressway, Suite
300, Dallas, Texas 75205. Written notice regarding any infringing activity,
whether of a copyright, patent, trademark or other proprietary right, should be
sent to the designated agent listed above and must include the following
information: (1) identification of the patent, copyright or trademark claimed
to have been infringed, (2) identification of the material that is claimed to
be infringing, (3) Information reasonably sufficient to permit Company to
contact you, such as your address, telephone number, and/or electronic mail
address.
Violations;
Termination
You
understand that your use of this Website is subject to these Terms of Use,
any other terms applicable to the various features of our Website, and all
applicable laws, rules and regulations. Company may immediately terminate your
use of this Website, without notice to you, if we are notified as provided by
17. U.S.C. § 512, or if we otherwise believe that you have violated these Terms
of Use.
Links
Through
this Website, you may be able to access links to other websites. Because
Company has no control over such sites, you acknowledge and agree that Company
is not responsible for, and has no liability with respect to, the availability
(or unavailability) of such sites, the treatment of your
personally-identifiable information by such sites, or the information,
products, content or other materials on or available from such sites. If you
would like information on any other site’s privacy policy or Terms of Use,
you should contact that party directly, and we encourage you to do so.
Delays in
Services
Company
(including its officers, directors, employees, affiliates, agents, representatives
or subcontractors) shall not be liable for any loss or liability resulting,
directly or indirectly, from delays or interruptions due to electronic or
mechanical equipment failures, telephone interconnect problems, defects,
weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of
war, acts of terrorism or to other like causes beyond the reasonable control of
Company. Company shall have no responsibility to provide you access to the
Website or provide the Online Service during any delay or interruption of the
Website.
No Warranties
You
acknowledge that the Materials and links provided through the Website are
compiled from sources which are beyond the control of Company. Though such
Materials and links are recognized by the parties to be generally reliable, the
parties acknowledge that inaccuracies may occur, and that Company does not
warrant the accuracy or suitability of the links or Materials. YOU ACKNOWLEDGE
AND AGREE THAT THE WEBSITE, INFORMATION, MATERIALS AND ONLINE SERVICES ARE
PROVIDED TO YOU ON AN "AS IS” and “AS AVAILABLE” BASIS. COMPANY, AND ITS
DIRECTORS, OFFICERS, EMPLOYEES CONTRACTORS, BUSINESS PARTNERS, AGENTS,
THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY
“AFFILIATES”), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE
WEBSITE, INFORMATION, MATERIALS AND ONLINE SERVICES, AND EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES ABOUT THE WEBSITE, INFORMATION, MATERIALS AND ONLINE
SERVICES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR
COMPLETENESS, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM
OF TRADE OR COURSE OF DEALING. UNDER THIS TERMS OF USE, YOU ASSUME ALL
RISK OF ERRORS AND/OR OMISSIONS IN THE WEBSITE, INFORMATION, MATERIALS AND
ONLINE SERVICES, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION AND
MATERIALS. FURTHERMORE, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD
COMPANY HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS,
FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
Limitation of
Liability
YOU
AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF
GOODWILL, USE OR DATA (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), THAT RESULT FROM: (a) YOUR USE OF OR INABILITY TO USE THE
WEBSITE, INFORMATION, MATERIALS AND ONLINE SERVICES; (b) ACCESS TO OR
ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN
AN UNAUTHORIZED MANNER; (c) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY
RELATED TO THIS WEBSITE; OR (d) ANY OTHER MATTER RELATING TO THE WEBSITE,
INFORMATION, MATERIALS AND ONLINE SERVICES. IN ANY EVENT, COMPANY’S MAXIMUM
LIABILITY UNDER THIS TERMS OF USE WITH RESPECT TO THE WEBSITE,
INFORMATION, MATERIALS AND ONLINE SERVICES SHALL BE REPLACEMENT OF ANY
NON-CONFORMING MATERIALS, AT COMMUNITY ARCHIVE’S OPTION, UPON YOUR RETURN OF
ANY SUCH NON-CONFORMING MATERIALS, A PRO-RATA REFUND OF THE AMOUNT YOU PAID FOR
SUCH MATERIALS.
Indemnification
YOU
SHALL RELEASE AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST
ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES, FINES,
PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES)
(COLLECTIVELY, "CLAIMS") OF WHATEVER KIND, CHARACTER, OR NATURE
BROUGHT BY OR ON BEHALF OF ANY PERSON THAT ARISE OUT OF, ARE RELATED TO OR ARE
IN CONNECTION WITH THIS TERMS OF USE OR YOUR ACCESS OR USE OF THE
WEBSITE, INFORMATION, MATERIALS, ONLINE SERVICES, EVEN IF CAUSED, IN WHOLE OR
IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, STRICT
LIABILITY OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY,
INCLUDING BUT NOT LIMITED TO COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
AND REPRESENTATIVES.
Monitoring
You
acknowledge and agree that Company reserves the right to, and may from time to
time, monitor any and all information transmitted or received through the
Website. Company, at its sole discretion and without further notice to you,
may (but is not obligated to) review, censor or prohibit the transmission or
receipt of any information which Company deems inappropriate or that violates
any term or condition of this Terms of Use. During monitoring,
information may be examined, recorded, copied, and used for authorized
purposes. Use of this Website, authorized or unauthorized, constitutes consent
to such monitoring.
Attorney's Fees
and Collection
If Company takes
action (by itself or through its representatives) to enforce any of the
provisions of this Terms of Use, including collection of any amounts due
hereunder, including any applicable sales or use taxes, Company shall be
entitled to recover from you (and you agree to pay), in addition to all sums to
which it is entitled or any other relief, at law or in equity, reasonable and
necessary attorney's fees and all costs of any collection and/or
litigation. These recoverable costs shall include, but not be limited to,
a $45.00 fee for researching, preparing, and transferring the account to
collection, and a $25.00 per calendar month account maintenance fee while the
account is in collection.
Governing Law;
Limitations; Venue.
This
Terms of Use shall be governed by the laws of the State of Texas,
excluding any rule or principle that would refer to and apply the substantive
law of another state or jurisdiction. To the extent allowed by applicable law,
any claims or causes of action arising from or relating to your access and use
of the Website, Information, Materials and Online Services contemplated by this
Terms of Use must be instituted within one (1) year from the date upon
which such claim or cause arose or was accrued. Further, any such claim or
cause of action shall be brought exclusively in the state or federal courts
located in Dallas, Dallas County, Texas, and you agree to submit to the
exclusive personal jurisdiction of such courts and hereby appoint the Secretary
of State of Texas as your agent for service of process. You agree to waive any
objection that the state or federal courts of Dallas County, Texas, are an
inconvenient forum.
Severability
Whenever
possible, each provision of this Terms of Use shall be interpreted in
such manner as to be effective and valid under applicable law, but if any
provision of this Terms of Use shall be prohibited or invalid under
applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity without invalidating the remainder of such provision
or the remaining provisions of this Terms of Use. Any unenforceable
provision will be replaced by a mutually acceptable provision which comes
closest to the intention of the parties at the time the original provision was
agreed upon.
Assignment
You
may not assign any of your rights, obligations, privileges, or performance
hereunder without the prior written consent of Company. Any assignment by you
other than as provided for in this paragraph shall be null and void for all
purposes.
Entire Agreement
THIS TERMS OF
USE IS COMPLETE AND EFFECTIVE AT THE TIME YOU AGREE TO IT BY ACCESSING OR
USING THE WEBSITE, INFORMATION, MATERIALS, OR ONLINE SERVICES. THIS TERMS
OF USE CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER
AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN THE PARTIES.
Copyright © 2011
Community Archives