AIM Relocation (hereafter known as "AIM") provides its service 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 should review these TOS from time to time to keep yourself informed of any amendments or additions. In addition, when using particular AIM services, you and AIM shall be subject to any posted guidelines or rules applicable to such services which may be posted on this web site from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. By accessing and using this Web site you are deemed to have read, understood and agreed with the terms and conditions as set out herein.
2. DESCRIPTION OF SERVICE
AIM will provide users with access
to services to help enrich the process of relocating which includes,
but is not limited to, home buying and selling services, property rentals,
moving, home financing, insurance, travel and. AIM will also allow visitors
to view classified advertising relating to these services. The Services
accessed through this Web site are available only in those provinces,
territories, and states in the United States of America, Canada and
other parts of the World where they may be legally offered by AIM. AIM
does not offer these Services where they conflict with any state, local
or federal law.
If, in order to use the Service, you must obtain access to the World Wide Web, then you must pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem, if necessary.
4. AIM PRIVACY POLICY
Registration Data and certain other
information about you is subject to our
Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you receive
a password and account designation upon completing any registration
forms, you are responsible for maintaining its confidentiality and fully
responsible for all activities that occur under your password or account.
You agree to (a) immediately notify AIM 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. AIM cannot
and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. VISITOR CONDUCT
You understand that all information,
data, text, software, music, sound, photographs, graphics, video, messages,
or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person or
organization from which such Content originated. This means that you,
and not AIM, are entirely responsible for all Content and Services that
you upload, post, email, or otherwise transmit via the Service. You
understand that by using the Service, you may be exposed to Content
and Services that may be offensive, indecent, or objectionable. Under
no circumstances will AIM be liable in any way for Content. This includes,
but is not limited to any errors or omissions in any Content and any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, or otherwise transmitted via the Service.
 |
| a. |
Upload, post, email or otherwise transmit any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's
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 AIM 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, or otherwise transmit any Content that
you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
or proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure
agreements);
|
| f. |
Upload, post, email, or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright,
or other proprietary rights ("Rights") of any
party;
|
| g. |
Upload, post, email, or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except
in those areas that are designated for such purpose;
|
| h. |
Upload, post, email, or otherwise transmit 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.
Securities and Exchange Commission, and any rules of any
national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force
of law;
|
| l. |
"Stalk" or otherwise harass another; or
|
| m. |
Collect or store personal data about other users.
|
You acknowledge that AIM does not pre-screen Content, but that AIM and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove, or move any Content that is available via the Service. Without limiting the foregoing, AIM 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.
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. INDEMNITY
You agree to indemnify and hold AIM, 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 submit, post to, or transmit through the Service, out of your use
of the Service, out of your connection to the Service, out of your violation
of the TOS, or out of your violation of any rights of another.
9. 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.
10. MODIFICATIONS TO SERVICE
AIM 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 AIM shall not be liable to you or to any third party
for any modification, suspension, or discontinuance of the Service.
11. TERMINATION
You agree that AIM, in its sole discretion,
may terminate your password, account (or any part thereof), or use of
the Service, and may remove and discard any Content within the Service,
for any reason including, without limitation, for lack of use or if
AIM believes that you have violated or acted inconsistently with the
letter or spirit of the TOS. AIM may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof,
with or without notice. You agree that any termination of your access
to the Service under any provision of this TOS may be effected without
prior notice, and you acknowledge and agree that AIM may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the Service.
Further, you agree that AIM shall not be liable to you or to any third-party
for any termination of your access to the Service.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business
dealings with, or participation in promotions of, advertisers 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 advertisers.
You agree that AIM 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 advertisers on the Service.
13. LINKS
The Service or third parties may provide links
to other Internet, World Wide Web or Wireless sites or resources. Because
AIM has no control over such sites and resources, you acknowledge and
agree that AIM 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
AIM 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.
14. AIM'S PROPRIETARY RIGHTS
You acknowledge and agree
that the Service and any necessary software used in connection with
the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to you through the
Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by AIM or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute, or create derivative works based on the Service
or the Software, in whole or in part. AIM grants you a personal, non-transferable,
and non-exclusive right and license to use the object code of its Software
on a single computer and or wireless device; provided that you do not
(and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble, or otherwise attempt to
discover any source code and provided that you do not (and do not allow
any third party to) sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to
modify the Software in any unauthorized manner or form or to use modified
versions of the Software, including (without limitation) for the purpose
of obtaining unauthorized access to the Service. You agree not to access
the Service by any means other than through the interface that is authorized
by or provided by AIM for use in accessing the Service.
15. FEE INFORMATION
Any and all incentives resulting or
arising out of the use of this Service are only payable upon the completion
of a transaction contemplated by the referral and completion of all
obligations to all parties by the referral agent. In the event the agent
does not honor all legal obligations to AIM, then the resulting incentive
payment to you as a consumer will not be paid. In the event costs are
incurred with respect to the completion of any outstanding monetary
obligation on the part of the referral agent, then the resulting incentive
payment to you, as the consumer, will be paid net of any such incurred
costs.
16. 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. AIM 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. IN NO EVENT WILL
AIM BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE),
OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY,
USE, RELIANCE ON, OR INABILITY TO USE AIM OR ANY 'INFORMATION',
EVEN IF AIM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE
PROPERTIES OF ANY 'INFORMATION'.
|
| b. |
AIM 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,
HOMES, REAL ESTATE OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
(v) THE INFORMATION WILL NOT CONTAIN ADULT-ORIENTED MATERIAL
OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE,
OR (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
|
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
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. AIM MAKES NO WARRANTY THAT INFORMATION
WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANYTHING
ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES
|
| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM AIM OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
|
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT INFORMATION AVAILABLE TO YOU HAS SOURCES THAT ARE NOT CONTROLLED
BY AIM. You must determine whether
the Information complies with your needs and whether you have adequate
legal rights to store, reproduce or otherwise make use of Information
in the manner contemplated by you. You must comply with any legal obligations,
including but not limited to, obligations imposed by copyright, secrecy,
defamation, decency, and export laws and isolate Information, execute
anti-contamination software and otherwise take steps to ensure that
Information, if contaminated or infected, will not damage your information
or system.
AIM 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 AIM 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.
18. 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 15 AND 16 MAY NOT APPLY TO YOU.
19. NOTICE
Notices to you may be made via either 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.
20. TRADEMARK INFORMATION
AIM, the AIM logo, trademarks
and service marks, icons, and other AIM logos and product and service
names are service marks of AIM Inc. (the "AIM Marks"). Without
AIM's prior permission, you agree not to display or use in any manner
the AIM Marks.
21. GENERAL INFORMATION
The TOS constitute the entire agreement
between you and AIM and govern your use of the Service, superceding
any prior agreements between you and AIM. 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 AIM shall be governed by the laws of
the State of Arizona without regard to its conflict of law provisions.
You and AIM agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Pima, Arizona. The failure
of AIM 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.
The section titles in the TOS are for convenience only and have no legal or contractual effect.