| Terms and
Conditions of Use
The following rules ("Terms and Conditions")
govern the use of the Web site located at www.FeelsLikeHome.com and the services offered on
the site, such as searches, listings and links (collectively, the "Site"). Please read the
following Terms and Conditions carefully.
By using this Site, you understand and agree
to be legally bound by these Terms and Conditions and to follow these Terms and Conditions
and all applicable laws and regulations governing our Site. The Terms and Conditions shall
supercede any subsequent terms or conditions. We reserve the right to change these Terms and
Conditions at any time, effective immediately upon posting on our Site.
Copyrights and Trademarks
This Site is owned and operated by Russ
Eskilson. Unless otherwise specified, all materials appearing on the Site, including the
text, site design, graphics, logos, icons and images, as well as the selection, assembly and
arrangement thereof, are the sole property of Russ Eskilson, Copyright © 2000, ALL RIGHTS
RESERVED. The content and software on this Site is the property of Russ Eskilson and/or our
suppliers and is protected by U.S. and international copyright laws. You may view, download,
print and retain a copy of pages of our Site only for your own personal use. Except as
expressly provided above, you may not use, download, upload, copy, print, display, perform,
reproduce, republish, license, post, transmit or distribute any information from our Site in
whole or in part without our prior written permission. If you wish to obtain
permission to reprint or reproduce any materials appearing on our Site you may contact us at
eskilson@san.rr.com.
All rights not expressly granted herein are reserved.
We post legal notices and various credits on
pages of our Site. If you duplicate, publish or otherwise distribute material from this
Site, you may not remove these notices or credits or any additional information accompanying
the notices and credits.
FeelsLikeHome and FeelsLikeHome.com are
trademarks owned by Russ Eskilson.
The absence of a product or service name,
slogan or logo from the above list does not constitute a waiver of our trademark or other
intellectual property rights concerning that name, slogan or logo. All custom graphics,
icons, logos and service names are registered trademarks, trademarks or service marks of
FeelsLikeHome.com. All other trademarks or service marks are property of their respective
owners. The use of any trademark or service mark without our express written consent is
strictly prohibited. In order to maintain the value of these marks, it is important that
they are used correctly. If you have any questions, you may contact
eskilson@san.rr.com.
Third Party Content
Certain content from third party vendors may
be made available as part of our Site. This content is believed to be reliable, but we do
not endorse or guarantee the accuracy or completeness of this content. It is your
responsibility to verify any claims, certification, or licensing that is claimed by third
party vendors.
Links
This Site provides links to other
sites. We have no control over other sites or their content and cannot guarantee, represent
or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not
endorse the content of other sites, and cannot warrant that these sites do not contain
viruses or other features that may adversely affect your computer. By using this Site to
link to another site, you agree and understand that you may not make any claim against us
for any damages or losses resulting from your use of this Site to link to another site.
However, if you have a problem with a link from our Site, please notify us at
webmaster@arche-systems.com.
We will investigate the link and take appropriate action.
Violation of the Terms and
Conditions
By using our Site, you understand and agree
that we, at our sole discretion and without prior notice, may terminate your access to this
Site if we believe that your conduct is disruptive, or you have violated the law or the
rights of Russ Eskilson or another user.
Compliance With Laws
You agree to comply with all applicable
laws, statutes, ordinances and regulations regarding your use of our Site and your purchase
of products or services through our Site. We may, in our sole discretion, report actual or
perceived violations of law to law enforcement or appropriate authorities. If we become
aware, through a complaint or otherwise, of any potential or suspected violation of these
Terms and Conditions or our privacy policy ("Privacy Policy"),
we may (but are not obligated to) conduct an investigation to determine the nature and
extent of the suspected violation and the appropriate enforcement action, during which
investigation we may suspend services to any visitor being investigated and/or remove any
material from our servers. You agree to cooperate fully with any such investigation. You
acknowledge that violations of the Terms and Conditions or the Privacy Policy could be
subject to criminal or civil penalties.
Privacy
We respect and make efforts to protect the
privacy of all users of our Site. Our current Privacy Policy available at
http://www.feelslikehome.com/privacy.htm is incorporated
herein by reference and made a part of the Terms and Conditions.
Feedback
We welcome all comments, feedback,
information, or materials ("Feedback"), which you submit to us through or in conjunction
with this Site. Please note that Feedback shall be considered non-confidential and become
the property of Russ Eskilson. By submitting Feedback to us, you agree to a no charge
assignment to us of all right, title and interest in copyrights and other intellectual
property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an
unrestricted basis.
Disclaimers
This Site is intended only as a source of
information of interest to potential clients, entities and individuals eighteen years old or
older interested in Real Estate transactions. The third party information and off-site links
on this Site are not, and should not be construed as endorsements of these services. Nothing
on this Site constitutes a solicitation by Russ Eskilson to purchase third party services.
Disclaimer and Limitation of
Liability as to Our Site
WHILE WE ENDEAVOR TO PROVIDE THE MOST
ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION IN OUR SITE MAY
BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE
MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE
OR ANY SERVICES OFFERED ON OUR SITE, SUCH AS LINKS OR SEARCHES, WILL BE ERROR-FREE OR
UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON IT WILL PROVIDE
ANY SPECIFIC RESULTS. WE CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM OUR SITE WILL BE FREE OF
VIRUSES, TROJAN HORSES, BUGS, CONTAMINATION OR OTHER DESTRUCTIVE FEATURES. WE MAKE NO
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR
SITE, ITS OPERATIONS, CONTENTS, INFORMATION OR MATERIALS. WE EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE (AND THE INFORMATION,
CONTENT, MATERIALS OR VEHICLES INCLUDED THEREIN) OR ITS USE, INCLUDING BUT NOT LIMITED TO
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT RUSS ESKILSON, HIS EMPLOYEES
OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT
OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES
TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY,
SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS,
REVENUE, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT
OR TORT, ARISING FROM YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED WEB
SITE.
Applicable Law
You agree that any legal action brought
against us shall be governed by the laws of the State of California, without regard to
conflict of law principles. You agree that the sole jurisdiction and venue for any
litigation arising from your use of or orders made on our Site shall be an appropriate
federal or state court located in San Diego County, California. We make no representations
that the content in our Site is appropriate for access outside the United States. Those who
choose to access our Site from outside the United States do so on their own initiative and
are responsible for compliance with local laws. If any provision within the Terms and
Conditions is held to be invalid or unenforceable, such provision shall be struck and all
remaining provisions shall be enforced.
Indemnity
By using our Site, you agree to indemnify
and hold Russ Eskilson, his affiliates, officers, agents and other partners and employees,
harmless from any loss, liability, claim or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of this Site, any information
contained in this site, or a link to another site.
How to Contact Us
If you have any comments or questions,
please do not hesitate to contact Russ Eskilson at:
russ@san.rr.com
or at (619) 276-1177, or write us at:
Russ Eskilson
3091 Clairemont Dr.
San Diego, CA 92117-6802
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