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Disclaimer / Terms of Service:
GENERAL USE AND LIMITATIONS ON GENERAL USE OF WWW.foccus.org
Any reference to www.foccus.org implies reference to James Kastner, sole proprietor, San Francisco Business License #365364, and/or any independent contractors engaged in the production of www.propertstatement.com (and vice versa).
Except where we specify otherwise, you are offered access to
www.foccus.org solely for your property listing only. You
promise that you will not use www.foccus.org, in whole or in part,
for any purpose that is unlawful or prohibited by these Terms of Use. You agree that
Except where we specify otherwise, you are offered access to
www.foccus.org solely for your property listing only. You
promise that you will not use www.foccus.org, in whole or in part,
for any purpose that is unlawful or prohibited by these Terms of Use. You agree that
you will not modify, copy, reproduce,
license, create derivative works from, transfer or sell any information, software, lists of
users, databases or other lists, products or services provided through or
obtained from www.foccus.org (PUBLISHING WEB LINKS FOR MARKETING PURPOSES IS AUTHORIZED AND ENCOURAGED). This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database
scraping," or any other activity with the purpose of obtaining lists of users
or other information. You agree that you will not use www.foccus.org in any manner that could damage, disable, overburden, or impair www.foccus.org or interfere with any other party's use and enjoyment
of www.foccus.org. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided through www.foccus.org.
If and when requested by James Kastner (owner, www.foccus.org) you agree to provide true, accurate and
complete user information and to refrain from impersonating or falsely
representing your affiliation with any person or entity. Except with the
written permission of www.foccus.org, you agree that you will not access or
attempt to access password protected, secure or non-public areas of www.foccus.org. Unauthorized individuals attempting to access
prohibited areas of www.foccus.org may be subject to prosecution.
Except with the consent of James Kastner (owner, www.foccus.org), you agree that you will not
create links from any web site or web page to any page within www.foccus.org with the exception of the www.foccus.org homepage,
including, but not limited to pages currently located at
www.foccus.org.
The origin of any such link to www.foccus.org must be
accompanied by a clear and prominent attribution indicating that the link is
connected to www.foccus.org. However, you agree that you will not juxtapose the www.foccus.org
name and mark and the link with your name or any other material(s) in a manner
which might give rise to any erroneous conclusion that there is any affiliation
or association between www.foccus.org, on the one hand, and you or any other
person or entity, on the other hand. You agree that if James Kastner (owner, www.foccus.org), in his
sole and unfettered discretion, requests in writing that you remove any link or
links to www.foccus.org, you will promptly do so.
You agree that James Kastner (owner, www.foccus.org) in his sole discretion and at any time
terminate your access to and use of www.foccus.org, or any part
thereof, with or without notice.
www.foccus.org contains some content and information originated by
James Kastner and any independent contractors. James Kastner presents and makes
available such content and information through www.foccus.org as a
public service, for the sole purpose of aiding you, the individual consumer.
James Kastner, therefore, cannot guarantee the accuracy, sufficiency,
correctness, veracity, completeness, or timeliness of such information. You are
responsible for confirming the sufficiency and reliability of any such
information.
For your convenience, the www.foccus.org contains content and
information from Real Estate Agents and Agency's and/or links to affiliate web sites
("Affiliate Content"). Such content is not under the control of James Kastner, and James Kastner is not responsible for such content, including without
limitation any link contained in such content, or any changes or updates to
such content. James Kastner is providing such content to you only as a
convenience, and the inclusion of such content does not imply endorsement by
James Kastner of such content or the affiliate. You may be subject to
additional and/or different terms, conditions, and privacy policies when you
use affiliate services, content, software or sites.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO www.foccus.org CONTENT, AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY www.foccus.org THROUGH www.foccus.org IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JAMES KASTNER (OWNER, www.foccus.org) MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. JAMES KASTNER (OWNER, www.foccus.org) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JAMES KASTNER (OWNER, www.foccus.org) SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF www.foccus.org 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.
In order for you to participate in certain services that James Kastner provides through www.foccus.org, James Kastner will require that you provide specific information about yourself. If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. James Kastner is committed to maintaining the privacy and security of any and all such information that you provide through www.foccus.org.
You promise that you will not use www.foccus.org to:
- (a) post, upload or otherwise transmit any content not related to appropriate subject matters;
- (b) post, upload or otherwise transmit any content which is misleading to others, including consumers;
- (c) post, upload 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, sexually, ethnically or otherwise objectionable;
- (d) post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;
- (e) post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- (f) post, upload or otherwise transmit any materials that contain 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; or
- (g) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By posting content to www.foccus.org, you grant James Kastner a non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through web sites controlled by James Kastner, including but not limited to www.foccus.org.
You acknowledge that while James Kastner and/or independent contractor's under his employement, do not pre-screen content posted by you to www.foccus.org, James Kastner and his designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to www.foccus.org. Without limiting the foregoing, James Kastner and his designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable, and to terminate your access to www.foccus.org at any time without notice for any reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any content you post to www.foccus.org, including any reliance on the accuracy, completeness, or usefulness of such content.
James Kastner reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
By posting, uploading, inputting, providing or submitting content to www.foccus.org, you warrant and represent that you own or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such content.
YOU AGREE TO INDEMNIFY AND HOLD JAMES KASTNER AND HIS SUPPLIERS, AFFILIATES, SUBSIDIARIES, AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION, INCLUDED BUT NOT LIMITED TO www.foccus.org SOLICITED INFORMATION, AFFILIATE SOLICITED INFORMATION, AND YOUR PUBLICLY POSTED INFORMATION, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE www.foccus.org.
James Kastner may provide at any time through www.foccus.org, interactive services ("Interactive Services"), such as on-line calculators, planning tools, and checklists, which are offered to you. Such services are offered by James Kastner for the sole purpose of disseminating information for the public's benefit. James Kastner cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH www.foccus.org's INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. JAMES KASTNER MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACTIY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. JAMES KASTNER 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 WITH REGARD TO SUCH SERVICES. JAMES KASTNER SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL JAMES KASTNER AND/OR INDEPENDENT CONTRACTORS WORKING ON www.foccus.org BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
Any information that you provide to www.foccus.org must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. You must not submit a request for a third party service through www.foccus.org unless you intend, in good faith, to contract with such third party for the use of such service.
James Kastner is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release James Kastner (and affiliates, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
This Agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of San Francisco and/or Northern District of California in all disputes arising out of or relating to the use of www.foccus.org. Use of www.foccus.org is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and James Kastner as a result of this Agreement or use of www.foccus.org. James Kastner's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of James Kastner's right to comply with governmental, court and law enforcement requests or requirements relating to your use of www.foccus.org or information provided to or gathered by www.foccus.org with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and James Kastner with respect to www.foccus.org and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and James Kastner with respect to www.foccus.org. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JAMES KASTNER, www.foccus.org, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN NO EVENT SHALL JAMES KASTNER AND/OR HIS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE www.foccus.org, WITH THE DELAY OR INABILITY TO USE THE www.foccus.org OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH www.foccus.org, OR OTHERWISE ARISING OUT OF THE USE OF THE www.foccus.org, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JAMES KASTNER, www.foccus.org OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE www.foccus.org, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING www.foccus.org.
You agree to indemnify, defend and hold harmless James Kastner, www.foccus.org, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.
All materials on www.foccus.org (as well as the organization and layout of www.foccus.org) are owned by James Kastner. All rights reserved. No reproduction, distribution, or transmission of copyrighted materials at www.foccus.org is permitted without the written permission of the owner of such property, whether intellectual, physical, material or otherwise. Any rights not expressly granted herein are reserved.
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