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ZOOMPROSPECTOR.COM provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the Materials ) that are not Submissions (as defined below) are provided to you by ZOOMPROSPECTOR.COM and are the copyrighted and/or trademarked work of ZOOMPROSPECTOR.COM or ZOOMPROSPECTOR.COM s contributors. ZOOMPROSPECTOR.COM grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services, this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.
You may need a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify ZOOMPROSPECTOR.COM if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify ZOOMPROSPECTOR.COM of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
If you have signed up for a subscription to enable you to add community resumes to this Site, you agree to pay all fees or charges to your subscription account based on ZOOMPROSPECTOR.COM s fees, charges, and billing terms in effect as shown on the payment page. You are responsible for paying any taxes that may apply. If you do not pay on time or if ZOOMPROSPECTOR.COM cannot charge your credit card, PayPal or other payment method for any reason, ZOOMPROSPECTOR.COM reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that ZOOMPROSPECTOR.COM is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your subscription on this Site and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Site, and thereafter at regular monthly intervals for the remainder of the term of these Terms. You may cancel your subscription after one (1) year by contacting us via email at rayotte@gisplanning.com or via phone at 1-415-294-4782. If you cancel your subscription earlier than one (1) year, you will remain responsible to pay for the applicable monthly fees for the remainder of the initial one (1) year period. At any time when you cancel your account, you will not receive any refund of fees you have paid to date. If you have a balance due on any account, you agree that ZOOMPROSPECTOR.COM may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Your use of this Site is governed by the ZOOMPROSPECTOR.COM Privacy Policy, which is available at <a href="privacy.htm">http://www.zoomprospector.com/privacy.htm</a> (the "Privacy Policy").
Certain information and other content that are not Submissions may be provided by third party licensors and suppliers to ZOOMPROSPECTOR.COM ( Third Party Content ). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. ZOOMPROSPECTOR.COM DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This Site may be linked to other sites that are not ZOOMPROSPECTOR.COM sites. ZOOMPROSPECTOR.COM is providing these links to you only as a convenience, and ZOOMPROSPECTOR.COM is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
You acknowledge that you are responsible for the property postings, community resumes (if applicable), information, photos, financial and contact information, graphics, sounds, your friends email addresses that you submit to recommend them to this Site, and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a Submission ) through the services available in connection with this Site, and that you, and not ZOOMPROSPECTOR.COM, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the ZOOMPROSPECTOR.COM Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that ZOOMPROSPECTOR.COM is free to use a Submission for the purpose of providing you with the associated services and you grant ZOOMPROSPECTOR.COM a sublicensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. Additionally, ZOOMPROSPECTOR.COM agrees to use all of your Submissions in accordance with ZOOMPROSPECTOR.COM s Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO ZOOMPROSPECTOR.COM, SUCH AS YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make. You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to ZOOMPROSPECTOR.COM set forth in this section and have received all necessary rights and authorizations, including, but not limited to, the owner of a property listed, any necessary representing agents or brokers, the author of the listing, such as the photographer and/or copyright owner of any photos, as applicable, to publish and advertise the listing and allow it to be accessed, downloaded and/or copied by users of the Site, (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity, and (iii) the Submission is accurate and its accuracy will be maintained by you. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site. When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:
This list of prohibitions provides examples and is not complete or exclusive. ZOOMPROSPECTOR.COM reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that ZOOMPROSPECTOR.COM determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. ZOOMPROSPECTOR.COM may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ZOOMPROSPECTOR.COM s discretion, ZOOMPROSPECTOR.COM will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
These prohibitions do not require ZOOMPROSPECTOR.COM to monitor, police or remove any Submissions or other information submitted by you or any other user.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold ZOOMPROSPECTOR.COM and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys fees and costs of defense) ZOOMPROSPECTOR.COM or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
ZOOMPROSPECTOR.COM is a trademark of ZOOMPROSPECTOR.COM in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of GIS PLANNING, Copyright © 2006-2013 GIS PLANNING. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
ZOOMPROSPECTOR.COM respects the intellectual property rights of others, and we ask you to do the same. ZOOMPROSPECTOR.COM may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide ZOOMPROSPECTOR.COMs designated agent the following information:
ZOOMPROSPECTOR.COM's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
1 Hallidie Plaza #760,San Francisco,CA 94102
(415) 294-4775
monzon@gisplanning.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by ZOOMPROSPECTOR.COM, and they may include inaccuracies or typographical or other errors. ZOOMPROSPECTOR.COM does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. ZOOMPROSPECTOR.COM has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by ZOOMPROSPECTOR.COM or our licensors. It is your responsibility to independently investigate the accuracy and completeness, of the Materials, Submissions and/or Third Party Content on this Site and to determine to your satisfaction the suitability of the property for your needs. Any projections, opinions, assumptions or estimates used are for example only and do not represent the current or future performance of any property. ZOOMPROSPECTOR.COM, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN AS IS, AS AVAILABLE AND WHERE-IS BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ZOOMPROSPECTOR.COM DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
ZOOMPROSPECTOR.COM SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL ZOOMPROSPECTOR.COM BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF ZOOMPROSPECTOR.COM KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
ZOOMPROSPECTOR.COM controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, ZOOMPROSPECTOR.COM may terminate and/or suspend your access to this Site without notice. ZOOMPROSPECTOR.COM prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by ZOOMPROSPECTOR.COM, may result in immediate termination of your access to this Site. ZOOMPROSPECTOR.COM has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. ZOOMPROSPECTOR.COM s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and ZOOMPROSPECTOR.COM and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ZOOMPROSPECTOR.COM about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.