By proceeding, you are agreeing to allow Property Solutions ProspectPortal to pull and display information from approved third party websites and/or social networking platforms including, but not limited to, your profile information, photos, and friends information, and you are agreeing to the following terms and conditions in your use of this feature:
1. Links to Third Party Sites.
As a convenience, we may provide links to third-party websites from the Site. Property Solutions is not responsible for and does not endorse the informational content or any products or services available on any third-party web Site and does not make any representations regarding its content or accuracy. We are not liable for any technological, legal or other consequences that arise out of your visit or transactions on any third-party or non-Property Solutions web Sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such Sites. This means that we are not your agent and will not be a party to any contract you enter.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from Property Solutions' ProspectPortal, are the sole responsibility of the person or site from whom such content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email, or otherwise make available through Property Solutions service. You understand that Property Solutions does not control, and is not responsible for Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You are agreeing that linking to, displaying or accessing Content from any third party site is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Property Solutions be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via third party sites. You acknowledge that Property Solutions does not prescreen or approve Content, but that Property Solutions shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via ProspectPortal, for violating the letter or spirit of these terms or for any other reason.
3. Your Representations and Warranties.
You represent and warrant for the benefit of Property Solutions and Property Solutions's licensors and suppliers that:
You agree to defend, indemnify and hold harmless Property Solutions, its officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.
5. DISCLAIMERS OF WARRANTIES.
PROPERTY SOLUTIONS PROVIDES THE SITE "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROPERTY SOLUTIONS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SITE. PROPERTY SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROPERTY SOLUTIONS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND.
6. Exclusive Remedy; Damage Exclusions & Limitations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and Property Solutions with respect to the Site and that item and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Property Solutions regarding the Site and/or any order you place through it.
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
The Terms and Conditions and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Utah applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the site shall be filed only in the state or federal courts located in the County of Utah, in the State of Utah. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.