We provide this website (the "Site") and the associated products and services (the "Products and Services") available thereon to you, subject to the following Terms of Use, which may be updated by Zone Data Systems at any time upon posting to this Site. We urge you to read these Terms of Use carefully.
As used in this Site, certain capitalized terms shall have the following meanings.
The Products and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Products or Services may violate such laws and the Terms of Use. Except as expressly provided herein or through a separate written contract between you and Zone Data Systems: (i) Zone Data Systems and its suppliers do not grant any express or implied rights to use the Products and Services; and (ii) you agree not to copy, republish, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Products or Services, any portions of the Site, Products or Services or the selection and arrangement of the Site, Products or Services, except as expressly authorized herein. The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Zone Data Systems or other third parties. You are not permitted to use the Marks without the prior written consent of Zone Data Systems or such third party that may own the Marks. You may not remove or obscure any copyright notice or other proprietary notices contained in any Products or Services retrieved through this Site. To the extent you are permitted to make copies of any Products or Services or their output, you must retain all copyright and other proprietary notices contained in the original materials on any copies you make.
When using particular Products and Services, you and Zone Data Systems shall be subject to any posted policies, guidelines or rules applicable to such Products and Services. All such policies, guidelines or rules are hereby incorporated by reference into these Terms of Use. By using the Products and Services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Product or Service. All such guidelines and rules are hereby incorporated by reference into these Terms and Conditions.
Zone Data Systems currently provides Users with access to a variety of Products and Services, which may include, but are not limited to, various communications tools, email-based discussion groups, forums, documents, news, press releases, peer publishing, industry articles, and knowledge banks. Unless explicitly stated otherwise, any new features that augment or enhance the current Products and Services shall be subject to the Terms of Use.
Users under the age of 13 are prohibited from using the Products and Services or the Site; the Site is intended for Users 18 years or older who have the legal capacity to enter into enforceable contracts. Provided that you are not under the age of 13, we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Site and the Products and Services (the "License"). The License will terminate immediately without notice from us, in our sole discretion, should you fail to comply with any term or provision of the Terms of Use. Upon such termination, you may not access, use, or view the Site. If you are issued a password and account by Zone Data Systems to access any Products and Services available on the Site, you agree that you will be personally responsible for maintaining the confidentiality of any such password and account and for all activities that occur under such password or account. You further agree to (a) immediately notify Zone Data Systems of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Zone Data Systems will not be liable for any loss or damage arising from your failure to comply with any of the foregoing requirements. We reserve the right to investigate suspected violations of the Terms of Use. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any User involved and the complaining party, if any, and examination of other material. We may suspend the provision of our Products and Services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Site. We will determine what action will be taken in response to a violation at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
In order to use certain Products and Services, you will be required to register with Zone Data Systems. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zone Data Systems has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zone Data Systems has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Use of the Products and Services and this Site is subject to the Zone Data Systems Privacy Policy. A link to the Privacy Policy can be found at the bottom of each web page on the Site.
a. All Users. You agree not to use any Products or Services provided by Zone Data Systems to impersonate or portray another person or entity, to communicate under a false name or name you are not authorized to use, or otherwise engage in false or fraudulent practice.
b. Zone Owners and Area Developers. If, pursuant to a separate agreement with Zone Data Systems, you act as a Zone Owner or Area Developer, then you agree to: (i) always submit true, current and complete information about yourself for the Appraiser Profile to Zone Data Systems; (ii) maintain and promptly update your Appraiser Profile to keep it true, current and complete; (iii) always submit true, current and complete information about properties, appraisals and other information to Zone Data Systems and its Users; (iv) never transfer or assign your rights nor share or distribute your own or any other User's name or password information to anyone; and (iv) not use the information obtained through Zone Data Systems or the Site to locate, identify or directly contact any Homeowner or User in any manner without prior express written permission from Zone Data Systems.
c. Lenders, Brokers and Real Estate Agents. If you are a Real Estate Agent, Mortgage Broker, Mortgage Lender (or the representative of a Real Estate Agent, Mortgage Broker or Mortgage Lender), you agree: (i) that Zone Data Systems is completely independent from you, and that your use of the Products or Services or the Site does not (and is not intended to) create any agency, partnership, joint venture, employee-employer, franchisee-franchiser or other type of relationship; (ii) to pay Zone Data Systems for all Products and Services you order in a timely fashion and that the attempted cancellation of an order by you for products or Services will not relieve you from the responsibility to pay Zone Data Systems in full for that order; (iii) to pay late fees, invoicing fees and interest in the greater of 1.5% per month (or, if less, the largest amount allowed by law) interest on any amounts which are due and owing for more than 30 days; and (iv) to pay the full amount of cancellation fees on any cancelled orders and/or other service fees, according to the fee schedules published from time to time by Zone Data Systems. Certain Users who place more than 25 orders per month with Zone Data Systems may request a waiver of cancellation fees through the execution of a separate cancellation fee waiver agreement with Zone Data Systems.
As a User you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any service being performed by the Site, or to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You are also prohibited from using the Products and Services to post or send (a) messages that are unrelated to a particular topic of discussion of a news group or message board facilitated by Zone Data Systems, (b) unsolicited commercial email, (c) unsolicited bulk email, (d) mass email, (e) junk email, (f) chain letters, (g) pyramid schemes, or (f) messages advertising goods or services that are addressed to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient (collectively, "Spam"). Other types of Internet abuse which also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other Users of the Products and Services are able to type, or otherwise acting in a manner that negatively affects another User's ability to engage in real-time exchanges, (ii) using "bots" or otherwise harvesting other Users' email addresses from the Zone Data Systems site for purposes of sending unsolicited or unauthorized material, and (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times. In addition to any of the foregoing, electronic messages sent or caused to be sent using the Products and Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names. Any violations of Zone Data Systems's Terms of Use or this Spam Policy may result in legal action against the violator and the termination, without notice, of the violators ID and/or any other of the violator's rights or access associated with Zone Data Systems including, but not limited to, email accounts, posts and profiles. Nothing in this policy is intended to grant any right to transmit emails or messages to or through the Site. Zone Data Systems does not waive any rights by the failure to enforce this policy in every instance in which it might apply.
The Site and Products and Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Zone Data Systems and Zone Data Systems is not responsible for the contents of any Linked Site including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Zone Data Systems is not responsible for any form of transmission received from any Linked Site nor is Zone Data Systems responsible if the Linked Site is not working appropriately. Zone Data Systems is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Zone Data Systems of the Linked Site or any association with its operators, or guarantee that the content contains accurate information. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Further, Zone Data Systems is under no obligation to link to any site. You may provide hot links to the Site from locations outside Zone Data Systems provided in each case that you (a) link only to the home page www.ZoneDataSystems.com, (b) do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices on the Site, (c) give Zone Data Systems timely notice of such link by sending an e-mail message to webmaster@ZoneDataSystems.com, and (d) discontinue providing hot links to Zone Data Systems if notified by Zone Data Systems.
In many cases, Users of the Site may be allowed to submit content to the Site, including but not limited to data and information relevant to appraisal issues and markets (collectively, the "Content"). Except as noted in the next Section, Zone Data Systems does not claim ownership of any Content submitted by Users, but by submitting such Content Users grant Zone Data Systems a nonexclusive, worldwide license to link to, reproduce, distribute, adapt, promote, display and sublicense submitted Content. Zone Data Systems reserves the right to remove any Content at any time, with no obligation to notify the original submitter of the Content. Publication of any submitted Content is at the sole discretion of Zone Data Systems. Individuals submitting Content certify that they own the Content being submitted, or otherwise have the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party including, but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. Individuals submitting Content certify that their submissions contain no elements and produce no results that are defamatory, obscene or in violation of any law. Individuals submitting Content further certify that their submissions contain no harmful or destructive content or output including, but not limited to any viruses, worms and Trojan horses. Zone Data Systems assumes no liability with respect to disputes over Content ownership, copyright or trademarks. In the event that Zone Data Systems is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, Zone Data Systems will remove the Content in question in a timely manner, with no obligation to notify the original submitter of the Content in question. If you believe that Content or any other material included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Zone Data Systems of any such copyright or other intellectual property rights infringement at info@zonedatasystems.com, in the manner set forth below. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Use. When reporting an infringement, please ensure you provide all of the following information: (i) a detailed description of the Content on the Site that you, in good faith, believe is an infringement of your ownership rights; (ii) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, the copyright owner; (iii) a statement by you declaring under penalty of perjury that (A) the foregoing information is accurate, and (B) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the actual owner, and (C) your physical address, telephone number and email address. Zone Data Systems will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). As a general matter, Zone Data Systems does not pre-screen User or third party Content posted on the Site, except for certain areas where Zone Data Systems may employ certain automated screening software, although Zone Data Systems reserves the right to do so. Zone Data Systems does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Zone Data Systems reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Zone Data Systems.
WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, SUBMITTED CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. DATA PROVIDED BY ZONE DATA SYSTEMS THE PRODUCTS AND SERVICES ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE THEM AT YOUR OWN RISK, AND ZONE DATA SYSTEMS AND THE COVERED PARTIES ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN THEIR CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM THEIR USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO WARRANTY NOT SET FORTH IN THESE TERMS OF USE WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING L AW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER ZONE DATA SYSTEM NOR ANY COVERED PARTY SHALL BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You as a User represent and warrant that (a) any information that you provide to Zone Data Systems through your use of the Site is true and accurate, (b) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of Zone Data Systems, and (c) you will comply at all times with the Terms of Use. You will indemnify and hold Zone Data Systems and the Covered Parties harmless against any claim, dispute, or demand, including reasonable attorneys' fees, which may arise from your violation of these Terms of Use, including any Content submitted to, uploaded to, or transmitted via Zone Data Systems by you.
You hereby acknowledge that your breach of the Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site. Your breach of the Terms of Use may also entitle us to bring an action against you for any and all other remedies available at law or in equity.
We operate and control our Site from our location in the State of Arizona, in the United States of America. We make no representation that any information, materials or functions included on or through our Site are appropriate for use in any other jurisdiction. If you choose to access our Site from locations other than within the State of Arizona, you do so on your own initiative and are responsible for compliance with applicable laws and regulations. You agree that the Terms of Use, and the rights and obligations hereunder, shall be governed by, and construed in accordance with, the laws of the State of Arizona. You further agree that any legal action or proceeding between you and us arising out of or relating to the Terms of Use or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Maricopa County, Arizona, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts.
A waiver of any breach of any provision of the Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of the Terms of Use. In the event that any provision of the Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.
We reserve the right, at any time and without notice, to add to, change, update or modify the Terms of Use, simply by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting on the Site. We reserve all rights to add to or withdraw data Products and Services and other features to the Site, or to discontinue the Site, at our sole discretion and without notice. Zone Data Systems does not guarantee continuous, uninterrupted or secure access to the Products and Services, and operation of the Site may be interfered with by numerous factors both inside and outside of our control. From time to time, system maintenance may be necessary, and, under such circumstances, Zone Data Systems will use commercially reasonable efforts to notify registered Users in advance by posting a message on the Site and/or sending an e-mail notice to registered Users e-mail addresses on file at Zone Data Systems.