1. ACCEPTANCE OF TERMS
The Carnanco Concourse (TCC) is a Web Service offered by Carnanco Conveyancing (CC), 3460 Westview Drive, Perkiomenville, PA 18074. Carnanco Conveyancing provides TCC services to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You are responsible for regularly reviewing these terms and conditions. Continued access to or use of TCC after any such change shall constitute your consent to such change. In addition, when using particular TCC services, you and CC shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. These Terms of Service constitute a legal agreement between you and CC. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Service in order to access and use TCC. If you do not accept these Terms of Service in their entirety, you may not access or use TCC.
Please be aware that other services provided by CC may be subject to other TOS.
2. DESCRIPTION OF SERVICE
CC currently provides users with access to a rich collection of resources, including, various databases, communications tools, forums, industry specific content and branded programming through its network of properties (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for CC to provide the Service. You also understand and agree that the service may include certain communications from CC&TCC, such as service announcements, administrative messages and the Carnanco Conveyor Newsletter, and that these communications are considered part of TCC membership and you will not be able to opt out of receiving any but the Carnanco Conveyor Newsletter. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TCC properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that CC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or provide any user communications or requests for information.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
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 Services 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 CC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CC 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).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Services registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CC 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. CC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT AND SERVICE CONTENT
You understand that all information, data, text, software, photographs, graphics, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. CC may not control the Content posted by users via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. CC does make every effort to ensure the accuracy, integrity and quality of such Content provided by CC however all content is accepted AS-IS. Under no circumstances will CC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable;
- b. harm minors in any way;
- c. impersonate any person or entity, including, but not limited to, a CC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users ability to engage in real time exchanges;
- j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Copyright Office.
- l. “stalk” or otherwise harass another; or
- m. collect or store personal data about other users.
- You acknowledge that CC does not pre-screen Content, but that CC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, CC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CC or submitted to TCC, including without limitation information in TCC Message Boards, and in all other parts of the Service.
You acknowledge and agree that CC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CC&TCC, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
CC wants your voluntary feedback, corrections, updates and suggestions on TCC services so that we can continually improve the services for you and other customers. When you submit feedback, corrections, updates and suggestions, please understand that CC needs to have full rights to use your feedback, corrections, updates and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback, corrections, updates or suggestions to CC concerning TCC services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting CC and its affiliated companies permission to:
- (a) Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback, corrections, updates and suggestions; and
(b) Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback, corrections, updates and suggestions.
- These grants include the right to exploit any proprietary rights in such feedback, corrections, updates and suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to CCs use of the materials contained within such feedback, corrections, updates and suggestions. CC is under no obligation to post or use any materials you may provide and may remove such materials at any time at CCs sole discretion.
This section is not applicable to any personally identifiable information that you provide in connection with your registration for TCC services. For terms and conditions governing the use of such information please refer to CCs Privacy Statement.
You agree to indemnify and hold CC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Content you access, use, submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on CCs servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that CC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that CC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
CC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service beyond any refundable prepayment for services.
You agree that CC may, under certain circumstances and without prior notice, immediately terminate your TCC account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your TCC account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in CCs sole discretion and that CC shall not be liable to you or any third-party for any termination of your account, or access to the Service.
14. DEALINGS WITH THIRD PARTIES
You recognize and accept that part of the service provided by TCC is the listing, posting, or other display of information for and about third parties. We at TCC take great care and have made every effort to transcribe faithfully the information supplied to us or otherwise obtained by and from third parties. CC&TCC cannot be, and is not, responsible for the correctness of the information we publish, which was supplied to us by third parties. We have no way to verify that these persons and/or entities are currently and properly licensed, registered or otherwise in compliance with applicable law regarding the products and services they may offer. We suggest that persons desiring to do business with or hire a third party inquire with the appropriate governing body about the licensing status of third parties listed by the Service and otherwise act with the same discretion they would exercise if they found the third party in a telephone directory.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that CC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CC has no control over such sites and resources, you acknowledge and agree that CC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. CARNANCO CONVEYANCINGS PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor/vendor advertisements or information presented to you through the Service, vendors or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CC or advertisers/vendors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- b. CC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
- c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- 18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. CC and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via notices displayed on the service, email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
22. COPYRIGHTS and COPYRIGHT AGENTS
CC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CC the following information:
- � an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- � a description of the copyrighted work or other intellectual property that you claim has been infringed;
- � a description of where the material that you claim is infringing is located on the site;
- � your address, telephone number, and email address;
- � a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- � a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.
- CCs Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
23. REGARDING LEGAL ADVICE
None of the information contained with the Service, including any which mentions legal matters, has been produced with the intention of providing legal information or advice. CC & TCC shall not be liable for any damages of any kind arising out of the usage which damage yourself, or any party. TCC is not intended to provide legal advice. For legal advice on matters, consult an attorney.
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and CC and govern your use of the Service, superceding any prior agreements between you and CC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and CC shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and CC agree to submit to the personal and exclusive jurisdiction of the courts located within the venue of Montgomery County, Pennsylvania. The failure of CC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CC as a result of these Terms of Service or use of TCC services.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to Carnanco.