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Asset Capital, LLC
THE FOLLOWING DESCRIBES THE TERMS ON WHICH Asset Capital, LLC OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the Asset Capital, LLC User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at Asset Capital, LLC. Your use of this site certifies that you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions, do not use this site or view it's pages.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective immediately upon posting on our site. A notice that this Agreement has been amended will be displayed on the main page of the site for thirty-days after amended agreement is posted. This Agreement may not be otherwise amended except in writing signed by you and Asset Capital, LLC.
This agreement was last revised on Monday, July 3, 2000.
Fees and Services
Access to most areas of Asset Capital, LLC is free. Asset Capital, LLC reserves the right to charge for access to part or all of the site, or for other services rendered without notice. There also may be a charge for books, tapes, or other items offered by Asset Capital, LLC and others.
We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and seek professional advise when making any type of purchase or investment. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
Without limiting any other remedies, Asset Capital, LLC may suspend or terminate your access if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
"Your Information" is defined as any information you provide to us or other users in the registration, or listing process, in any public message or bulletin board area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of property that you do not own or have a valid contract or option to purchase; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain any pornography or adults information, pictures etc. (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, urreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include. Furthermore, you may not list any property or item on our site (or consummate any transaction that was initiated using our service) that, could cause us to violate any applicable law, statute, ordinance or regulation.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Asset Capital, LLC site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Asset Capital, LLC by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Asset Capital, LLC or the appropriate third party.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service, listing, purchase, solicitation of offers to purchase, and sale of properties or items.
You and Asset Capital, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Atlanta, Georgia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Asset Capital, LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Atlanta, Georgia necessary to protect the rights or property of you or Asset Capital, LLC pending the completion of arbitration.
This Agreement shall be governed in all respects by the laws of the State of Georgia such laws are applied to agreements entered into and to be performed entirely within Georgia between Georgia residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Asset Capital, LLC
By your use of this site you agree that you have read, understand and agree to abide by this Agreement and the documents it incorporates by reference; you intend to form a legally binding contract by utilizing or viewing this site. A print out of the Agreement and the documents it incorporates by reference will constitute "a writing" under any applicable law or regulation.