TERMS OF SERVICE
Effective Date: March 26, 2019
Welcome to AdMalle.com (“Website”).
The Website is operated by AdMalle Real Estate Capital LLC (“AdMalle” or “we”).
BY ACCESSING AND USING THE WEBSITE, YOU AFFIRM THAT:
YOU HAVE READ AND UNDERSTAND THESE TERMS;
YOU AGREE TO AND WILL COMPLY WITH THESE TERMS; AND
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT.
Website Content and Use
As long as you comply with these Terms, AdMalle and its licensors grant you a personal, revocable, non-exclusive, non-transferable, limited license to access and use the Website and the information and materials displayed or available on or through the Website (collectively, the “Content”).
The Website is protected by copyright in addition to other intellectual property laws. Any of the trademarks, service marks, trade names, trade secrets, logos or other proprietary rights displayed through the Website may be registered or unregistered marks of AdMalle or others. You do not have a license or right to use any of the trademarks, service marks or logos displayed through the Website unless you have the express written permission of AdMalle or other owner of the trademarks, service marks or logos. All proprietary rights in the Website (including Content) are and shall remain the sole and exclusive property of AdMalle and its licensors.
Unless expressly authorized by AdMalle, you will only use the Website for your own personal, non-commercial use. You will use the Website in a manner that complies with all laws that apply to you. If your use of the Website is prohibited by applicable laws or these Terms, then you are not authorized to use the Website.
You agree that you will not use the Website in a manner that:
Infringes or violates the intellectual property or other rights of any person or entity (including AdMalle and its licensors);
Violates any law or regulation;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene or otherwise objectionable;
Accesses the Website or the computer systems or networks of AdMalle and the third parties that help AdMalle provide the Website without authorization;
Crawls, scrapes, indexes or extracts data from any part of the Website;
Distributes, rents, sublicenses, leases, lends, sells, resells, assigns, transfers, transmits, streams, broadcasts or otherwise makes available or exploits any features or functionality of the Website, including through time-sharing, use of service bureau or by otherwise making the Website available on a network on which they are accessible by more than one device at any time;
Reformats or frames any portion of the webpages that are part of the Website without AdMalle’s written consent; or
Decompiles, reverse engineers, decodes or otherwise attempts to derive or obtain the source code or underlying ideas or information of or relating to the Website.
AdMalle has no control over, and assumes no responsibility for, the content, accuracy, privacy policies or practices of or opinions expressed in Linked Services with which you interact through the Website. AdMalle will not and cannot monitor, verify, censor or edit the content of Linked Services. By using the Website, you accept the risks of and release and hold harmless AdMalle from any and all liability arising from your use of Linked Services.
Changes to Website or Terms
We may suspend or discontinue any part of the Website or we may introduce new features or impose limits on certain features or restrict access to the Website. We reserve the right to remove any Content from the Website at any time, for any reason, in our sole discretion and without notice. AdMalle is not under any obligation to update any Content following publication on the Website.
The Effective Date of these Terms is set forth at the beginning of these Terms. As we develop the Website, we may revise or supplement these Terms. We will provide you with advance notice of any revision to these Terms that we believe is material by sending you an email (if we have your email address) and/or posting a notice in the Website. We will not make revisions that have a retroactive effect unless we are required by law or to protect other users of the Website. Your continued use of the Website after the Effective Date constitutes your acceptance of these Terms. As of the Effective Date, the amended Terms supersede all previous versions.
Warranty Disclaimer and Limitation of Liability
THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ADMALLE AND ITS LICENSORS AND THEIR REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (“ADMALLE PARTIES”) ARE NOT AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR CONTENT.
EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE ADMALLE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE WEBSITE, OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED UNITED STATES DOLLARS ($100.00).
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE ADMALLE PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Notice To California Residents
BY USING THE WEBSITE, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Provisions of these Terms that, by their nature, should survive termination of these Terms shall survive termination, including any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights and terms regarding disputes between us our licensors or suppliers.
These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof except where prohibited by applicable law.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder or your AdMalle ID in any way (by operation of law or otherwise) without AdMalle’s prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without consent. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, such provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and AdMalle agree that these Terms are the complete and exclusive statement of the mutual understanding between you and AdMalle and that these Terms supersede all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
If you have any questions, comments or concerns regarding these terms or the Website, please contact us at email@example.com.