1. License. Earthworks Industries inc. hereby grants to you a revocable, limited, nonexclusive license for the duration of
2. Limitations on Use.
2.2 You further agree that you will not:
(a) take any action that imposes or may impose (in Earthworks Industries inc.'s sole discretion) an unreasonable or disproportionately large load on Earthworks Industries inc.'s infrastructure;
(b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
(c) bypass Earthworks Industries inc.'s robot exclusion headers or other measures Earthworks Industries inc. may use to prevent or restrict access to the Website.
3. Your Representations and Warranties.
5. Links to Other Websites.
The Website may contain links to other websites ("Linked Websites"). The Linked Websites are provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that Earthworks Industries inc. is not responsible for, and does not endorse, the content of or anything that may be delivered to you or your computer as a result of accessing any Linked Websites, whether or not Earthworks Industries inc. is affiliated with the owners of such Linked Websites. Without limiting the generality of the foregoing, Earthworks Industries inc. is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on the Website, or by accessing a Linked Website.
6. Terms for Creation of a Link.
6.2 If you create a Link, Your Website shall not:
(a) Create frames around the Website or otherwise alter the visual presentation of the Website.
(b) Expressly state or otherwise imply that Earthworks Industries inc. is endorsing you, your products or services, or the content of Your Website.
(c) Expressly state or otherwise imply an affiliation between you and Earthworks Industries inc. without the prior written consent of Earthworks Industries inc..
(d) Misrepresent your relationship with Earthworks Industries inc. or present false or misleading impressions about Earthworks Industries inc.'s products or services.
(e) Disparage the Website or the Earthworks Industries inc. or display the Link in a manner that that diminishes Earthworks Industries inc.'s goodwill.
(f) Include or display any material which is immoral, unethical, illegal or inappropriate for a professional website.
6.3 You acknowledge and agree that you are not a publisher, distributor, agent, partner, franchiser or endorser of the Website, and Earthworks Industries inc. is not a publisher, distributor, agent, franchiser or endorser of Your Website. Earthworks Industries inc. retains exclusive editorial control over the Website and has the right to make administrative or operational decisions it deems necessary or desirable in the normal course of business.
6.4 You warrant to Earthworks Industries inc. that (1) you have duly registered the domain name of Your Website with all applicable authorities and/or have a license to use Your Website, and you possess all rights necessary to use such the domain name for Your Website, and (2) the content of and materials placed on or within Your Website, and any hyperlinks on Your Website, do not and will not (i) infringe upon or violate any United States copyright, patent, trademark or other proprietary right of a third party, or (ii) violate any applicable law, statute, regulation, or non-proprietary right of a third party.
7. Proprietary Rights.
You acknowledge and agree that the trademarks of Earthworks Industries inc. (the "Marks"), the Website, Information, and the content and look and feel of the Website, to the extent protectable, are proprietary, original works of authorship of Earthworks Industries inc., or licensors of Earthworks Industries inc., protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, the Website, and the content and look and feel of the Website are and shall remain with Earthworks Industries inc. or its licensors. You agree not to contest or infringe these rights, directly or indirectly, at any time. Without the prior written consent of Earthworks Industries inc., your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of Earthworks Industries inc. or its licensors, and is prohibited. Except as expressly provided under this Agreement, you may not use on any website, including Your Website, or on any other materials, the Marks, or any other trademarks or copyrighted materials appearing on the Website, including without limitation any logos, without the express prior written consent of the owner of the mark
8. Interruptions in Service.
The Website and access to the content of the Website may from time-to-time be unavailable to you or users of Your Website, whether because of technical failures or interruptions, intentional downtime for service or changes to the Website, or otherwise. You agree that Earthworks Industries inc. shall have no liability of any nature to you or any third party for any modifications to the Website, and any interruption or unavailability of access to the Website or its content.
9. No Warranties; Exclusion of Liability.
YOU UNDERSTAND AND EXPRESSLY AGREE TO THE FOLLOWING:
(a) YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, PRODUCTS AND SERVICES, INCLUDING WITH RESPECT TO ANY REAL ESTATE LISTING, CONTAINED IN OR PROVIDED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Earthworks Industries inc. MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE DATA, METHODS, OR INFORMATION CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. Earthworks Industries inc. DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE INFORMATION AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Earthworks Industries inc. 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 NONINFRINGEMENT.
(b) IN NO EVENT WILL Earthworks Industries inc. BE LIABLE TO YOU, ANY USER OF THE WEBSITE OR YOUR WEBSITE, OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. ANY INFORMATION YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE WEBSITE, OR ANY LINKED WEBSITE, IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, YOUR WEBSITE, LOSS OF DATA, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, THE RELIANCE UPON OR USE OF INFORMATION, PRODUCTS OR SERVICES APPEARING ON THE WEBSITE OR A LINKED WEBSITE, OR OTHER PERSONAL LOSS THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH INFORMATION, PRODUCTS OR SERVICES ON THE WEBSITE OR A LINKED WEBSITE. (c) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Earthworks Industries inc. BE LIABLE TO YOU, OR ANY USER OF THE WEBSITE OR YOUR WEBSITE, OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, OF ANY NATURE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL, GENERAL OR PUNITIVE DAMAGES, AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON INFORMATION, PRODUCTS OR SERVICES OBTAINED BY OR PROVIDED THROUGH THE WEBSITE, OR FOR ANY ERROR OR OMISSION, OR OTHERWISE IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF FORESEEABLE OR Earthworks Industries inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Earthworks Industries inc., its officers, directors, employees, shareholders, agents, affiliates, suppliers, successors and assigns from and against any and all liability, loss, claim, demand, suit, proceeding, damage, cost and expense, including reasonable attorneys fees and costs, arising out of or resulting from ;
(b) the content of Your Website; or
(c) any negligent acts, errors or omissions of you or your agents or contractors.
If you believe that a copyright work that you own (or have an exclusive license to) is accessible on this Website without your permission you may notify us by contacting our designated agent listed below.
12. Use of Mortgage Calculation Tools
The mortgage calculation tools available on the Website are for demonstration purposes only, and are not an offer to lend. Interest rates shown may differ from actual market interest rates. Earthworks Industries inc. does not guarantee the accuracy, sufficiency, correctness, veracity, completeness or timeliness of such service. You are responsible for confirming the sufficiency and reliability of any such service.
13.4 There are no third party beneficiaries of these Terms and Conditions