Please read these terms, conditions and notices set forth below (collectively, this “Agreement” or “Terms and Conditions”) carefully before using aare.com, or its mobile properties, including related applications (collectively, this “Website”). This Website is operated by Andrew Arroyo Real Estate Inc dba AARE, a California corporation and/or our subsidiaries (“AARE”, “we”, “our” or “us”).
By accessing or using this Website in any manner, you agree to be bound by this Agreement and represent that you have read and understood these Terms and Conditions. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of the Terms and Conditions, please do not use this Website.
At our discretion, we may make changes or otherwise modify this Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the top of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of this Agreement.
USE OF THE WEBSITE
Agents may sign up on the Website to become Members and take full advantage of all the Website has to offer. Individuals who are Members may view the information supplied by organizations at no cost. Organizations who become Members may post a basic profile at no cost, and may upgrade to display premium profiles by enrolling and paying for a higher Membership level. As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a AARE account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Website. We retain the right at our sole discretion to deny access to this Website and the Services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content on this Website, including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material (collectively, the “Content”), as well as the infrastructure used to provide the Content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or Services obtained from or through this Website. Additionally, you agree not to:
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting Content to this Website by email, postings on this Website or otherwise, including any experiences, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant AARE and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that AARE may choose to provide attribution of your Content or Submissions at our discretion. You further grant AARE the right to pursue at law any person or entity that violates your or AARE’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of mission experiences or other Content, messages, materials or other items on this Website (“Interactive Areas”). If AARE provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including AARE;Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;Private information of any third party, including, without limitation, surname, addresses, phone numbers, email addresses, Social Security numbers and/or credit card numbers;Viruses, corrupted data or other harmful, disruptive or destructive files;Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; orContent or links to content that, in the sole judgment of AARE, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose AARE, its parents or affiliates or its Users to any harm or liability of any type.
AARE takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is AARE liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, AARE is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although AARE has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, AARE reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf. AARE is not responsible for your postings on the Interactive Areas and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by AARE or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release AARE, and its licensees, successors and assigns, from any claims that you could otherwise assert against AARE by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS AARE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR IT’S SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. AARE, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE “AARE”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE ORGANIZATION, CHARITY OR NON-PROFIT DISPLAYED ON THIS WEBSITE.
AARE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, AND/OR SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH SERVICES BY THE AARE ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE AARE DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THE AARE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AARE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE THIRD-PARTY ORGANIZATIONS ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE AARE THE AARE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH ORGANIZATIONS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE AARE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY CAUSE BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE AARE (OR THEIR AFFILIATES OR PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR REPRESENTATIVE AGENT) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON EXPERIENCES AND CONTENT APPEARING ON THIS WEBSITE, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF AARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS AARE, ITS AFFILIATES AND PARENT COMPANIES, ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR PERSONAL REPRESENTATIVES FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE, FROM USER’S VOLUNTEERING EFFORTS, ACTIVITIES OR ACTS IN FURTHERANCE OF THE CHRISTIAN ORGANIZATION, BUSINESS, MISSION OR USERS’ MISSION RESULTING IN INJURIES, SUBSTANTIAL INJURY, DEATH, DAMAGE OR INJURY TO PERSONAL PROPERTIES.
ORGANIZATIONS, BUSINESSES OR MISSIONS THAT BECOME MEMBERS OF AARE AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS AARE, ITS AFFILIATES AND PARENT COMPANIES, ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR PERSONAL REPRESENTATIVES FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE, BASED ON PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM USERS’ INVOLVEMENT OR ACTIVITIES IN FURTHERANCE OF THEIR MISSION WITH SUCH ORGANIZATIONS, BUSINESSES OR MISSIONS.
If the AARE is found liable for any loss or damage that arises out of or is in any way connected with your use of our Website or its Services, then the AARE’ liabilities will in no event exceed, in the aggregate, the greater of (a) the fees earned by us giving rise to the claim, or (b) One Hundred Dollars (US $100.00).
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms and Conditions is found to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of the AARE
INDEMNIFICATION FROM THIRD PARTIES
You agree to defend indemnify, and hold harmless AARE, its affiliates and parent companies, any of their officers, directors, employees, agents or personal representatives from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
>breach of this Agreement or the documents referenced herein;>violation of any law or the rights of a third party;>use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than AARE. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases, you may be asked by a third party site to link your profile on AARE to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION
Transmission of data and information via the Website is not secure or an encrypted transmission method for sending your personal identifiable information, unless otherwise indicated. Accordingly, any information or personal data sent to us through the Internet is not secure. Personal identifiable information may be intercepted, lost, redirected, corrupted, changed or accessed by other individuals. We do not warrant or make any representations as to the safety of your personally identifiable information.
Nevertheless, AARE is committed to using all reasonable efforts to protect personal identifiable information collected through the Website against unauthorized access, use or disclosure. Consequently, we limit employees’ access to collected personal identifiable information to only those employees who need access to the information in the performance of their official duties.
In addition, we set strict security standards to prevent any unauthorized access to your personal identifiable information once we have received it and wherever possible we will use adequate security software and working procedures to ensure the security of your personal data. To prevent unauthorized access, maintain accuracy, and ensure proper use of personal identifiable information, we have employed physical, electronic, and managerial processes to safeguard and secure the personal identifiable information we collect online. These measures include limiting the number of people who have physical access AARE database servers, as well as electronic security systems and password protections that guard against unauthorized access.
SOFTWARE AVAILABLE ON THIS WEBSITE
Unless otherwise specified, the materials on this Website are presented solely to provide information regarding and to promote AARE’s Services, Website, Missions, Organizations, partners. The AARE Website is controlled and operated by AARE from its offices in California in the United States. AARE makes no representation that materials on the AARE Website is appropriate or available for use outside of the United States. Those who choose to access AARE’s Website from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from AARE’s Website is further subject to United States export controls. No software from the AARE Website may be downloaded or otherwise exported or re-exported (a) into any country to which the U.S. has embargoed, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the AARE Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the AARE Website (“Software”) is the copyrighted work of AARE, or AARE affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website, is owned by AARE and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are copyrighted by AARE. All rights reserved. AARE is not responsible for content on websites operated by parties other than AARE. AARE’s name, logo, and all other service names or slogans displayed on this Website are registered and/or common law trademarks of AARE and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of AARE or the applicable trademark holder. In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of AARE and may not be copied, imitated or used, in whole or in part, without the prior written permission of AARE. All other trademarks, registered trademarks, product names and company names or logos mentioned on this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by AARE.
If you are aware of an infringement of either your brand or our brand, please let us know by following the Copyright Complaint Policy and by e-mailing us at firstname.lastname@example.org.
JURISDICTION AND GOVERNING LAW
This Website is operated by a U.S. entity and this Agreement is governed by the laws of the state of California, United States of America. You hereby consent to the exclusive jurisdiction and venue of courts in the state of California in the United States of America and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against AARE arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in California. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied by this application is believed to be accurate, but AARE, and/or its affiliates do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
ADDITIONAL MOBILE LICENSES
Portions of AARE mobile software may use copyrighted material, the use of which AARE acknowledges. In addition, there are specific terms that apply to use of certain AARE mobile applications. Please visit the Mobile Licenses page for notices specific to AARE mobile applications.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and AARE and/or affiliates as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 remaining provisions in this Agreement shall continue in effect.
This Agreement (and any other policies or rules referenced herein) constitutes the entire agreement between you and AARE with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and AARE with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
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