Last Updated: June 2004
1. THIS IS AN AGREEMENT BETWEEN YOU AND INHABIT ATLANTA
This is an agreement ("Agreement") between you and Inhabit Atlanta (or, if applicable based on where you live, one of its affiliates). This Agreement governs your use of any Web site or Web page operated by Inhabit Atlanta (each, an "INHABIT ATLANTA Web Site," and collectively, the "INHABIT ATLANTA Web site"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
INHABIT ATLANTA OFFERS THE INHABIT ATLANTA WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE INHABIT ATLANTA WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, and 10); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.2. HOW INHABIT ATLANTA MAY MODIFY THIS AGREEMENT Inhabit Atlanta reserves the right to change the terms, conditions, and notices under which it offers the INHABIT ATLANTA Web Site, including any charges associated with the use of the INHABIT ATLANTA Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any INHABIT ATLANTA Web Site. Your continued use of the INHABIT ATLANTA Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMSThe INHABIT ATLANTA Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that INHABIT ATLANTA Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within an INHABIT ATLANTA Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE INHABIT ATLANTA WEB SITEThe INHABIT ATLANTA Web site are only for your personal and commercial advertisement use. You will not use the INHABIT ATLANTA Web site in any way that is unlawful, or harms Inhabit Atlanta, its affiliates, resellers, distributors, service providers and/or suppliers (each, an "Inhabit Atlanta Party" and collectively, the "Inhabit Atlanta Parties") or any customer of an Inhabit Atlanta Party, as determined in Inhabit Atlanta's sole discretion. Inhabit Atlanta may tell you about certain specific harmful uses in a code of conduct or other notices available through an INHABIT ATLANTA Web Site, but has no obligation to do so. You may not use the INHABIT ATLANTA Web Sits in any way that breaches any code of conduct, policy or other notice applicable to the INHABIT ATLANTA Web Site. Without limiting the generality of this section, you may not use the INHABIT ATLANTA Web Site in any manner that could damage, disable, overburden, or impair any INHABIT ATLANTA Web Site (or the network(s) connected to any INHABIT ATLANTA Web Site) or interfere with any other party's use and enjoyment of the INHABIT ATLANTA Web site.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGYWithout limiting the generality of Section 4, you will not use the INHABIT ATLANTA Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Inhabit Atlanta may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the INHABIT ATLANTA Web site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the INHABIT ATLANTA Web Site.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORINGFor materials you post or otherwise provide to Inhabit Atlanta related to the INHABIT ATLANTA Web Site (an "advertisement submission"), you grant Inhabit Atlanta permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the INHABIT ATLANTA Web site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Inhabit Atlanta will not pay you for your Submission. Inhabit Atlanta may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Inhabit Atlanta may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Inhabit Atlanta Parties or any customer of a Inhabit Atlanta Party.
7. INFORMATION AVAILABLE FROM THE INHABIT ATLANTA WEB SITEInhabit Atlanta and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the INHABIT ATLANTA Web Site. Inhabit Atlanta and its suppliers do not authorize the use of information available from the INHABIT ATLANTA Web Site for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Inhabit Atlanta is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the INHABIT ATLANTA Web site constitute an offer or solicitation to buy or sell any security. Inhabit Atlanta does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the INHABIT ATLANTA Web site is intended to constitute professional advice, including but not limited to, investment or tax advice.
8. INHABIT ATLANTA MAKES NO WARRANTYINHABIT ATLANTA PROVIDES THE INHABIT ATLANTA WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INHABIT ATLANTA PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE INHABIT ATLANTA PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE INHABIT ATLANTA WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDYIN NO EVENT WILL ANY INHABIT ATLANTA PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE INHABIT ATLANTA WEB SITE, EVEN IF SUCH INHABIT ATLANTA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE INHABIT ATLANTA WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY INHABIT ATLANTA PARTY WITH RESPECT TO THIS AGREEMENT OR THE INHABIT ATLANTA WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE INHABIT ATLANTA WEB SITE.
10. CHANGES TO THE INHABIT ATLANTA WEB SITE; ADDITIONAL LIABILITY LIMITATIONTHE INHABIT ATLANTA PARTIES MAY CHANGE THE INHABIT ATLANTA WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the INHABIT ATLANTA Web site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Inhabit Atlanta and persons other than Inhabit Atlanta (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT THE INHABIT ATLANTA PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT INHABIT ATLANTA IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE INHABIT ATLANTA WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE INHABIT ATLANTA WEB SITE AND OTHER WEB SITE, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE INHABIT ATLANTA WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE INHABIT ATLANTA WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
11. TERMINATION; ACCESS RESTRICTIONInhabit Atlanta may terminate this Agreement, or terminate or suspend your access to the INHABIT ATLANTA Web site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the INHABIT ATLANTA Web site will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE INHABIT ATLANTA WEB SITE MAY NOT BE RETRIEVED LATER.
12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTESIf this Agreement is with Inhabit Atlanta Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Georgia, without reference to conflict of laws principles. If this Agreement is with an Inhabit Atlanta affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Inhabit Atlanta affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject INHABIT ATLANTA Web site are directed. If this Agreement is with Inhabit Atlanta, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Fulton County, Georgia, USA in all disputes arising out of or relating to the use of the INHABIT ATLANTA Web site. If this Agreement is with a Inhabit Atlanta affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Inhabit Atlanta affiliate in all disputes arising out of or relating to the use of the INHABIT ATLANTA Web site.
13. INTERPRETING THE AGREEMENT; ASSIGNMENTIf any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Inhabit Atlanta may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the INHABIT ATLANTA Web site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Inhabit Atlanta with respect to the INHABIT ATLANTA Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Inhabit Atlanta with respect to the INHABIT ATLANTA Web site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIMYOU AND INHABIT ATLANTA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE INHABIT ATLANTA WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTSAll contents of the INHABIT ATLANTA Web site are Copyright © 2004 Inhabit Atlanta and/or its suppliers, 1195 Milton Terrace, Suite 5406, Atlanta, Georgia 30315 U.S.A. All rights reserved. Inhabit Atlanta, Inhabit Atlanta logo, and/or other Inhabit Atlanta products and services referenced herein may also be either trademarks or registered trademarks of Inhabit Atlanta in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
16. OTHER NOTICESThird Party Account Information By using the "Listings Manager" service through the INHABIT ATLANTA Web site, you authorize Inhabit Atlanta and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Inhabit Atlanta and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Inhabit Atlanta and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.
17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTPursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE