Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING OUR SITE.
The John F. Long website is operated by
John F. Long Properties LLLP and its affiliates (referred to herein as
"we," "us" or "our"). By using our site, you agree to these terms of use.
If you do not agree to these terms of use, please leave our site. We
reserve the right, at our discretion, to change, add and/or remove
portions of these terms at any time. Please check these terms periodically
for changes. Your continued use of our site, following the posting of term
changes, will be considered an automatic acceptance of changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any John F. Long
Properties LLLP site are the copyrighted property of John F. Long
Properties LLLP, or its subsidiaries, affiliated companies, partners
and/or third party licensors. All trademarks, service marks and trade
names are proprietary to John F. Long Properties LLLP or its affiliates.
No material from our site or any Internet
site owned, operated, licensed or controlled by us or our affiliates may
be copied, reproduced, republished, uploaded, posted, transmitted or
distributed in any way, with the exception that one copy may be downloaded
on any single computer for your personal, non‑commercial home use,
provided that (i) you keep intact all copyright and other proprietary
notices, (ii) you make no modifications to the materials, (iii) you do not
use the materials in a manner that suggests an association with any of our
services or brands, and (iv) you do not download quantities of materials
to a database that can be used to avoid future downloads from a John F.
Long Properties LLLP site. For purposes of these terms, the use of any
such material on any other Web site or computer environment is prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT INFRINGEMENT
We may give notice to our users by means of
a general notice on our site, electronic mail to a user's e‑mail address
on our records, or by written communication sent by first class mail to a
user's address on our records. Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright infringement should
be sent to Service Provider's Designated Agent. To be effective, the
notification must be a written communication that includes the following:
* A physical or electronic signature of
person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed;
* Identification of the copyrighted
material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit the service
provider to locate the material;
* Information reasonably sufficient to
permit the service provider to contact the complaining party, such as an
address, telephone number, and if available, an electronic mail address at
which the complaining party may be contacted;
* A statement that the complaining
party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the
law;
* A statement that the information in
the notification is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; and
FORUMS AND PUBLIC COMMUNICATION
"Forum" means e‑mail function offered as
part of our site. If you participate in any Forum within a John F. Long
Properties LLLP site, you must not:
* Defame, abuse, harass or threaten
others;
* Make any bigoted, hateful or racially
offensive statements;
* Advocate illegal activity or discuss
illegal activities with the intent to commit them;
* Post or distribute any material that
infringes and/or violates any right of a third party or any law;
* Post or distribute any vulgar,
obscene, discourteous or indecent language or images;
* Advertise or sell to, or solicit
others;
* Use the Forum for commercial purposes
of any kind;
* Post or distribute any software or
other materials which contain a virus or other harmful component.
Customers shall remain solely responsible
for the content of their messages.***We reserve the right to remove or
edit content from any Forum at any time and for any reason.***
CONTENT LINKED TO ANY JOHN F. LONG
PROPERTIES LLLP SITE
We reserve the right to disable links from
third party sites to any John F. Long Properties LLLP site. We make no
representations concerning the content of sites listed in any of our
directories. Consequently, we cannot be held responsible for the accuracy,
relevancy, copyright compliance, legality or decency of material contained
in sites listed in our search results or otherwise linked to our site. We
do not make any representations or warranties as to the security of any
information (including, without limitation, credit card and other personal
information) you might be requested to give any third party, and you
hereby irrevocably waive any claim against us with respect to such sites
and third party content. We strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding with any
online or offline transaction with any of these third parties.
Please keep in mind that whenever you give
out personal information online ‑‑‑ for example, via message boards or
chat ‑‑‑ that information can be collected and used by people you don't
know. While we strive to protect your personal information and privacy, we
cannot guarantee the security of any information you disclose online. You
make such disclosures at your own risk.
DISCLAIMER
The materials in the John F. Long
Properties Website (jflong.com) are provided "as is" and without
warranties of any kind, either expressed or implied. To the fullest extent
permissible pursuant to applicable law, we disclaim all warranties,
expressed or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose. We do not warrant
that the functions contained in the materials on our site will be
uninterrupted or error‑free, that defects will be corrected, or the
servers that make such materials available are free of viruses or other
harmful components. We do not warrant or make any representations
regarding the use or the results of the use of the materials on our site
in terms of their correctness, accuracy, reliability or otherwise. You
assume the entire cost of all necessary servicing, repair or correction.
Applicable law may not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
INDEMNIFICATION
You hereby indemnify, defend and hold us
and our affiliates and our officers, directors, owners, agents,
information providers, affiliates, licensors and licensees (collectively,
the "Indemnified Parties") harmless from and against any and all
liabilities and costs (including reasonable attorneys fees) incurred by
the Indemnified Parties in connection with any claim arising out of any
breach by you of this Agreement or claims arising from your account. You
shall use your best efforts to cooperate with us in the defense of any
claim. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by
you.
LIMITATION OF LIABILITY
Under no circumstances, including, but not
limited to, negligence, shall we be liable for any direct, indirect,
incidental, special or consequential damages that result from the use of,
or the inability to use, our site or materials or functions on any such
site, even if we have been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above limitation or exclusion
may not apply to you. In no event shall our total liability to you for all
damages, losses, and causes of action (whether in contract, tort
(including, but not limited to, negligence, or otherwise) exceed the
amount paid by you, if any, for accessing our site.
TERMINATION
These terms are effective until terminated
by either party. You may terminate these terms at any time by
discontinuing use of our site and destroying all materials obtained from
the site and all related documentation and all copies and installations.
Your access to our site may be terminated
immediately without notice from us, if in our sole discretion, you fail to
comply with any of these terms or provisions. Upon termination, you must
cease use of our site and destroy all materials obtained from such site
and all copies thereof.
GENERAL PROVISIONS
These terms shall be governed by and
construed in accordance with the laws of the State of Arizona, without
giving effect to any principles of conflicts of law. You agree that any
action at law or in equity arising out of or relating to these terms shall
be filed only in the state or federal courts located in Maricopa County,
Arizona and you hereby consent and submit to the personal jurisdiction of
such courts for the purposes of litigating any such action. If any
provision of these terms shall be unlawful, void or unenforceable, then
that provision shall be deemed severable from these terms and shall not
affect the validity and enforceability of any remaining provisions. This
is the entire agreement between us relating to the subject matter herein
and shall not be modified except in writing, signed by both parties.
©2002 - 2008 John F. Long Properties LLLP
All Rights Reserved
