PMZ.com Terms and Conditions of Use

Terms of Use Policy

Read This Terms of Use Policy before Accessing Web Site

This Terms of Use Agreement sets forth the standards of use of the pmz.com web site ("Site") that is owned and operated by Paul M Zagaris, Inc. ("PMZ"). By using the Site you ("User", "You") agree to these terms and conditions. If You do not agree to the terms and conditions of this agreement, You should immediately cease all usage of this Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement ("Terms of Use", "Agreement") without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Site Service

PMZ is providing You with the ability to search for resale homes in the Central Valley of California. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for your access to the Internet, and (3) pay any fees related with such connection.

2. Permitted Use of Site

You are only authorized to view, visit, and to retain a copy of pages from this Site for your own personal use. You agree not to duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than your personal use, unless otherwise specifically authorized by PMZ to do so. Any sale, transmission or redistribution of Site or its content, and any copying, modification or other use of Site for any reason other than your own personal use is prohibited and is a violation of this Agreement. You are also prohibited from using this Site to gain unauthorized access, directly or indirectly, to PMZ's computer systems or the computer systems of third parties. PMZ reserves the right, in its sole discretion, to take any action that it deems appropriate for violations of this Agreement, including but not limited to terminating your access to the Site, filing criminal charges against You, or commencing a civil action against You.

Any failure of PMZ to enforce any provision of this Agreement shall not be construed as a waiver of any rights under such provision or any other provision of this Agreement. PMZ may only make such a waiver by an express writing.

3. Disclaimer of Warranties.

The Site is provided by PMZ on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, PMZ makes no representations or warranties of any kind, express or implied, regarding the use or the results of Site in terms of its correctness, accuracy, reliability, or otherwise. PMZ shall have no liability for any interruptions in the use of Site. PMZ makes no warranty that any defects, whether known or unknown, will be corrected or that Site will be virus-free. PMZ disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some states do not allow the exclusion of implied warranties; therefore the above-referenced exclusion may be inapplicable to You. In these states, PMZ's liability is limited to the fullest extent allowed by law.

4. Limitation of Liability

YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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. PMZ SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PMZ SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY, AND LOSS OF REVENUE, ARISING OUT OF OR RELATED TO THE USE OF THIS WEB SITE AND/OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PMZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE IN THOSE STATES SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.

5. Indemnification

You agree to indemnify and hold PMZ, its parents, subsidiaries, affiliates, independent contractors, licensees, resellers and marketing representatives, officers and employees harmless from and against any and all claims or demands, including reasonable attorneys' fees and costs, made by any third party due to, arising out of , or relating to your use of the Site, the violation of this Agreement, or infringement by you, or other user of the Site using your computer, of any intellectual property or any other right of any person or entity, except to the extent such claims directly result from PMZ's own negligence. This indemnification obligation shall survive any termination of these Terms of Use or the Site or the services provided thereby.

6. Modifications and Interruption to Service

PMZ reserves the right to modify or discontinue the Site with or without notice to the User. PMZ shall not be liable to User or any third party should PMZ exercise its right to modify or discontinue the Site. User acknowledges and accepts that PMZ does not guarantee continuous, uninterrupted or secure access to our website and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

The Site may include links to other sites on the internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties' sites.

8. Entire Agreement

These terms of use constitute the sole agreement between PMZ and User regarding the subject matter contained herein and fully supersedes any and all other understandings or agreements, whether oral or written. You acknowledge and agree that you have read and understand these Terms of Use and agree to be bound by them.

9. Governing Jurisdiction

This Site is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any of its conflicts of laws provisions. We make no representation that our website or other services are appropriate, legal or available for use in other locations. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms of Use and your use of Site and/or the services provided thereby shall be the state and federal courts located within the State of California and You consent to such jurisdiction and waive all objections to such jurisdiction and venue.

10. Compliance with Laws.

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information

All content included or available on this Site, such as text, graphics, buttons, icons, images, data compilations, software, interfaces, and the selection and arrangements thereof is the property of PMZ or it's content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of PMZ and protected by United States and international copyright laws.

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PMZ.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
Jon Zagaris
1120 Scenic Drive
Modesto CA 95350
By Telephone: 209-527-2010
By Email: jzagaris@pmz.com

13. Botnets

PMZ retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, PMZ reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.

EQUAL HOUSING OPPORTUNITY.

All real estate advertising in pmz.com and by PMZ is subject to the Fair Housing Act, which makes it illegal to advertise any preference limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention, to make any such preference, limitation or discrimination. Familial status includes children under the age of 18 living with parents or legal custodians; pregnant women; and people securing custody of children under 18.

This site will not knowingly accept any advertising for real estate which is in violation of the law. All visitors to the site are hereby informed that all dwellings advertised in this site are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development toll-free at 800-669-9777. The toll-free telephone number for the hearing impaired is 800-927-9275.

Privacy Policy.

PMZ Privacy Policy Statement

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