TERMS AND CONDITIONS OF THE DIVERSE REALTY WEBSITE
The website located at diverserealty.team (“Site”) is owned and operated by Diverse Realty (“Diverse Realty”). By using and accessing Site you expressly acknowledge that you read and understood these terms and conditions (“Terms and Conditions”) and agree to be bound by Terms and Conditions.
1. USE OF SITE
Site is provided solely for information purposes. Diverse Realty may modify or change Terms and Conditions at any time by posting notice of such change on Site. Your continued use of Site after the effective date of such notice will constitute acknowledgment and acceptance of the revised Terms and Conditions.
You are entitled to view, copy and print any document that are made generally available on Site for your own use. Any sale, transmission or redistribution of Site or its content, and any copying, modification or other use of Site or its content for any purpose other than your own use, are strictly prohibited.
You are prohibited from using Site to gain unauthorized access, directly or indirectly, to Diverse Realty computer systems. You shall not interfere with another user’s use of Site.
Diverse Realty reserves the right, in its sole discretion, to take action that it deems appropriate for violations of Terms and Conditions, including but not limited to terminating your access to Site, filing of criminal charges against you, or the initiating of a civil action against you.
To the extent required to do so by law, Diverse Realty cooperates with any law enforcement authorities or court order requesting or directing Diverse Realty to disclose information regarding users of Site.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
We make use of cookie technology and register your IP address and some other private information that you authorize us to register such as your email address and phone number.
3. PROPRIETARY RIGHTS
Site contains proprietary information that is protected by applicable intellectual property and other laws, and you acknowledge and agree that the proprietary information is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Diverse Realty, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Site, in whole or in part.
Diverse Realty may block you from accessing Site. Diverse Realty may also discontinue providing Site, or any part thereof, with or without notice. You agree that any termination of your access to Site under any provision of Terms and Conditions may be in effect without prior notice, and acknowledge.
5. LINKS TO THIRD PARTY WEBSITES AND RESOURCES
Site includes links to third party websites and resources. Such websites are publicly available and Diverse Realty is providing access to such websites through Site solely as a convenience to you. Because Diverse Realty has no control over such websites and resources, you acknowledge and agree that Diverse Realty is not responsible for the availability of such external websites or resources. The fact that access to such websites and resources is provided does not constitute any endorsement, authorization or sponsorship of such websites. You further acknowledge and agree that Diverse Realty is not 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 website or resource.
You agree to indemnify and release Diverse Realty from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the Information or Site, including, without limitation, any claims that if the allegations were true would constitute a breach of Terms and Conditions.
7. DISCLAIMER OF WARRANTIES
a. Diverse Realty strives to provide accurate and up-to-date material on Site. However, Diverse Realty makes no warranties or representations as to the accuracy or timeliness of the material provided on Site. Diverse Realty assumes no liability or responsibility for any errors or omissions on Site. Your use of Site is at your own risk. Site is provided on an “As Is” and “As Available” basis. Diverse Realty 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;
b. Diverse Realty makes no warranty that Site will meet your requirements, will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of Site will be accurate or reliable, the quality of any products, services, information, or other material obtained by you through Site will meet your expectations, and any errors in Site will be corrected;
c. Any material downloaded or otherwise obtained through the use of Site is done at your own risk and you are responsible for any damage to your computer systems or loss of data that results from the download of any such material;
d. No advice or information, whether oral or written, obtained by you from Diverse Realty or through or from Site shall create any warranty not expressly stated in Terms and Conditions.
8. LIMITATION OF LIABILITY
a. You expressly understand and agree that Diverse Realty shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages for loss of profits, goodwill, use, data, or other intangible losses (even if Diverse Realty has been advised of the possibility of such damages.), resulting from the use or the inability to use Site, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on Site, or any other matter relating to Site;
b. 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 disclaimers of warranties and limitations of liability may not apply to you.
Notices to you may be made via either e-mail, postal mail, or by displaying notices or links to notices to you on Site.
10. GENERAL INFORMATION
a. The failure of Diverse Realty to exercise or enforce any right or provision of Terms and Conditions shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of Terms and Conditions, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of Terms and Conditions will continue in full force and effect;
b. 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 Site or Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred;
c. Terms and Conditions shall be construed in accordance with the laws of the State of California, without giving regard to the choice of law provisions of the State. In the event that any provision of Terms and Conditions or any part hereof is found invalid or unenforceable, the remainder of Terms and Conditions will be binding on the parties hereto and will be construed as if the invalid or unenforceable provision or part thereof had been deleted.