TERMS OF USE
| Terms of Use |
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The following describes the terms on which Seglet.com. ("Seglet ") offers you access to the Seglet.com Website (this "Website") and the services offered on or through this Website. Before you may become a member of Seglet.com, you must read and accept all of these Terms of Use and the Seglet Privacy Policy. Your use of Seglet.com is expressly conditioned upon your accepting and agreeing to these terms of use, all links thereto, and the Seglet.com privacy policy. Your use of Seglet.com will be deemed to be acceptance of these Terms of Use, all links thereto, and the Seglet.com Privacy Policy. If these Terms of Use, all links thereto, and the Seglet.com Privacy Policy are not completely acceptable to you, please do not use this website. This agreement may be updated from time to time at the sole discretion of Seglet. This Agreement is effective April 1, 2010 and was most recently updated on April 15, 2010. |
| Limited Use |
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This site is owned and operated by Seglet.com. All right, title and interest in and to the materials provided on this site, including but not limited to information, documents, logos, graphics, sounds and images are owned either by Seglet or by its respective third party authors, developers or vendors. Except as otherwise expressly provided by Seglet, none of the site content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this site shall be construed to confer any license under any of Seglet’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by Seglet. Seglet also has the right to monitor, edit, and partially or totally delete any content found in Listings, Applications, questions, discussions, forum posts, blog comments or any other type of user submitted content not expressly mentioned herein. Seglet hereby grants you limited permission to download, view, copy and print any Purchased Content solely for your personal, informational and/or non-commercial use provided that the Seglet copyright and trademark notice appearing below appears in such Purchased Content. Except as permitted herein, Purchased Content may not be reproduced, sold, licensed, transferred, modified, distributed, transmitted, used to create derivative works from, published, displayed or otherwise used or exploited for any purpose without the express written permission of Seglet. The Purchased Content may not be used on any other Internet Website. This permission terminates automatically without notice if you breach any of the Terms or Condition. Linking to this Website is permitted, provided that the link does not falsely imply or suggest that Seglet has endorsed or is affiliated with the linked Website. Seglet reserves the right to terminate the above authorization at any time in its sole discretion. |
| Prohibited Uses |
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You agree not to use this Website for any prohibited purpose. The following are prohibited uses: Violations of Law. You are prohibited from using this Website to commit, or in connection with, criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements, or to infringe the rights (including intellectual property, privacy and publicity rights) of any person. We reserve the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators or other third parties, and we may do so without prior notice to you. Additionally, some areas of our website pertain to the selling of produce. You agree that you are not doing this in violation of any local, state or federal laws. It is up to the owner of the listing to verify that he/she is legally able to sell produce. Eggs, Meat and Animals are not allowed to be sold on this website and the selling of these items is in violation of law. You are not allowed to use this website if you do not have a license to sell certain items that require a license or registration before selling, as well as to sell prohibited or illegal products. Security Violations. You are prohibited from violating, or attempting to violate, the security of the Website. Any such violations may result in criminal and civil liabilities to you. Examples of prohibited security violations include, but are not limited to: (i) attempting to probe, scan, or test the vulnerability of any system, subsystem or network related to the Website; and (ii) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures. Spam. You are prohibited from using this Website in connection with spam. Spam includes, but is not limited to, any of the following activities: (i) sending any unsolicited e-mail that could be expected, in Jepup’s sole discretion, to provoke complaints; (ii) sending unsolicited e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail; and (iii) sending e-mail that does not accurately identify the sender, the sender's return address, and the e-mail address of origin. Framing. No one may frame this Website or any portion thereof. We reserve the right to determine, in our sole discretion, whether you have used the Website in a prohibited way. We will monitor the Website and, when we become aware that the Website is being used for a prohibited purpose (or an attempt has been made to do so), we will take any action we deem appropriate. We may not notify you before we take action against you. |
| Fees and Services |
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Browsing this Website is free. You must register on the site to list/post a space (the "Owner") or to purchase a credit package (the "User"). Transaction fees will be paid by the User to release the contact information of the Owner. These fees are paid in bulk “credit” purchases whereby each credit is associated with the listing/posting type of space available as well as square footage. Seglet reserves the right to modify, change, increase or decrease the calculation of each postings/listings credit value. You are responsible for paying all fees and applicable taxes associated with the site. The User is given for the purchase of aforementioned credits, at the minimum, an internal means of contacting an Owner. The Owner may choose to not release further contact information to the User beyond an internal means of communication. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, retaining collection agencies and legal counsel. We may from time to time offer promotions that change our normal fee structure. If your listing/posting is created during a promotional period, you will be clearly notified of the appropriate details during the listing/posting process. |
| No Exchange of Contact Information Prior to Payment Release by Lessee |
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From the moment of the online publication of a Space Listing until the moment the User pays to release the contact information of the Owner, the Owner and the potential User cannot exchange (whether or not through the Site) their identity, their contact information, the address of the Owner, User or space location, their fax or telephone numbers, email address or a web address. |
| Limitations of Liability and Disclaimer |
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You will not hold Seglet responsible for other users' actions or inactions, including things they post. You acknowledge that Seglet is a person-to-person and company-to-person site that allows anyone to offer for rent or partnerships for the use of any space in any location. Seglet is not involved in the actual transaction between the Owner and the User. Seglet has no control over and does not guarantee the quality, safety or legality of spaces advertised, the truth or accuracy of listings, the ability of Owners to lease/rent/or partner out the space, the ability of Users to pay lease/rent/partnership fees for the space or that a Owner or User will actually complete a transaction.
In no event shall Seglet (and/or its officers, directors, agents, subsidiaries, joint ventures and employees) be liable for any indirect, punitive, special, incidental or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however such damage arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use this site or materials available from this site, even if Seglet has been previously advised of the possibility of such damage. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you have a dispute with one or more users, you release Seglet (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Seglet and its affiliates will not be liable for any damages, injury or loss, including but not limited to special, consequential or punitive damages, that result from the use of (or the inability to use) this Website and its contents, or a Website linked to this Website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, line failure, or other computer malfunction, even if Seglet or an affiliate has been advised of the possibility of such damages, injury or loss. Seglet and its affiliates also assume no responsibility for any damages to, or viruses that may infect, your computer system or other property as a result of your access to, use of, or downloading of any material from, this Website.
Seglet.com and all materials provided on Seglet.com are provided on an "as is" and "as available" basis to the full extent permitted by law. Seglet expressly disclaims all warranties of any kind, whether express or implied, and including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement. Seglet makes no warranty that: (i) Seglet.com or the materials provided will meet your requirements, (ii) Seglet.com or the materials provided will be available on an uninterrupted, timely, secure or error-free basis, (iii) the results that may be obtained from the use of the site, or any materials offered through the site, will be accurate or reliable or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the site or in reliance on the materials will meet your expectations. Any materials obtained through the use of the site is done at your own discretion and at your own risk. Seglet shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.
You expressly agree that your use of this Website is at your sole risk. Seglet does not warrant that the information in this Website is accurate, reliable or correct, that this Website will be available at any particular time or location, or that the Website is free of viruses or other harmful components.
You acknowledge that the content of this Website: (i) contains information available as of the publication date, and Seglet has no obligation to update such content or to advise you of any change in the data or statements therein; and (ii) is presented by Seglet alone, and no other persons (including any Seglet affiliates) are involved in the presentation. You acknowledge that you shall use such content in a manner based upon your own determination and evaluation of the information contained therein, and Seglet shall not be responsible for such use.
Without limiting the generality of the foregoing, you further acknowledge and agree that:
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| Indemnification |
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You agree to defend, indemnify and hold harmless Seglet, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Website and/or any of the materials or information posted on, or made available through, this Website. |
| Linked Websites and Advertisements |
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This site may contain links to websites controlled by parties other than Seglet. Unless expressly indicated otherwise, Seglet is not responsible for and does not endorse, approve, otherwise warrant the accuracy of any information or content, or accept any responsibility for the availability, information, content, products or services of those sites or any Internet web site accessed from a third party site. Users should review the terms and conditions of use and the privacy policy of the linked site, if any, before using that site. Advertisement banners and other forms of advertising exist on the site. However, Seglet is not responsible for the claims or representations made by any advertiser on the site, nor is Seglet responsible for the products and services of advertisers on the site. Furthermore, mere presence of an advertiser on the site does not constitute an endorsement, approval or sponsorship of any advertiser by Seglet in any respect unless expressly indicated otherwise. |
| Confidentiality |
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You agree to keep any information accessed from the site absolutely confidential and not to share or disclose the information contained on the site or login username and password with any person or entity for any purpose. You will use the information for the purposes of listing or locating space for your individual, personal or business use and will not use the information for any other purpose including, but not limited to, soliciting property management, scraping listings, relisting information and engaging in the real estate investment business without the written consent of Seglet. You further agree that the information is proprietary to Seglet and that any misuse of the information is a breach of this agreement as well as a violation of the federal and state laws governing trade secrets; misuse is subject to prosecution by government authorities and monetary recovery of damages by Seglet. Seglet maintains the right to suspend, disable or terminate your membership for suspicious usage activity, including concurrent login sessions, group usage, usage from a range or variety of IP addresses, suspected non-personal use, corporate use as well as abnormally high usage levels. Seglet is the exclusive arbiter of types of usage that is deemed to be suspicious and warrants account suspension, disablement or termination. |
| User's Age |
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By using the site, you certify that you are an individual (i.e., not a corporation) and you are at least 18 years of age. You also certify that you are legally permitted to use the services and access the site, and you take full responsibility for accessing the site and the site's content, and for the selection and use of the site's services. Persons under 18 are not legally bound by contracts, whether real estate or otherwise. Minors are not eligible to use the site, and we ask that they do not submit any personal information to us. However, Seglet accepts no obligation to ensure that its users are over 18. The fact that a user has created a user id or login username on Seglet.com does not guarantee or indicate that the user is over 18. All parties should ask to see valid identification before entering into any contract. |
| Continuing Agreement |
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You Agree to these Terms of Use and agree to comply with all applicable laws and regulations in using Seglet.com. It is your responsibility to review the Terms of Use periodically, and if at any time you find the Terms of Use unacceptable or if you do not agree to the Terms of Use, you should not use the site. The Terms of Use may be amended at any time by posting the amended Terms of Use on its site. Therefore, each time you access Seglet.com, you need to review the Terms of Use upon which access to and use of Seglet.com is conditioned. By your continuing use of Seglet.com after changes are posted, you will be deemed to have accepted such changes. |
| Miscellaneous |
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No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Seglet reserves the right, in its sole discretion, to suspend or terminate your access to the site for any reason including, but not limited to, your breach of any of the terms of this Agreement. |
| Privacy Policy |
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A complete statement of Seglet’s current Privacy Policy can be found on this website under Privacy Policy. Seglet’s Privacy Policy is expressly incorporated into this Terms of Use agreement by reference. |
| Unsolicited Submissions or Information |
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Seglet does not want you to submit confidential or proprietary information to it through this site. All comments, feedback, information or material submitted to Seglet through or in association with this site shall be considered non-confidential and Seglet’s property. By providing such submissions to Seglet you hereby assign to Seglet, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Seglet shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content. |
| Inappropriate Content and Seglet 's Right To Remove Content |
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When accessing the Seglet.com Website or using Seglet’s services, you agree not to upload, download, display, perform, transmit or otherwise distribute any Content that (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (iii) advertises or otherwise solicits funds or is a solicitation for goods or services. Seglet reserves the right to terminate or delete such material from its servers. Seglet will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. Seglet reserves the right to remove any content from the site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Seglet is concerned that a user may have breached any of its obligations), or for no reason at all. |
| Suspension or Termination of Access |
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Seglet reserves the right, in its sole discretion, to suspend or terminate your access to the site for any reason including, but not limited to, your breach of these Terms of Use. |
| Governing Law, Forum and Venue |
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You agree that your use of this Website, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of California. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Santa Cruz County in the State of California. |
| Copyrights |
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All site design, text, graphics, the selection and arrangement thereof, Copyright 2010 Seglet.com. ALL RIGHTS RESERVED. |
| Trademarks |
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" Seglet," " Seglet.com," the Seglet logo and all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Seglet. All other trademarks, product names and company names or logos cited herein are the property of their respective owners, who may or may not be affiliated with Seglet. |
| Acknowledgement |
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In consideration of being allowed to use the site, you agree to be bound by the terms and conditions of this agreement as set forth above. Use of the site in any manner shall constitute your acceptance of this agreement and your assent to be legally bound by this agreement. If you do not agree to be legally bound by all the terms and conditions of this agreement, you are strictly prohibited from accessing and/or using this site in any manner. |


