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| Edencostarica.com User
Agreement |
| Before you use the Edencostarica.com
website, you must read and agree to abide by this User
Agreement.
THIS USER AGREEMENT is entered into by and
between Edencostarica.com website and any individual,
corporation, association, agency, company, or other entity
that accesses or uses the Edencostarica.com website. As used
on this Website, the terms "we", "us", "our"
refer to Edencostarica.com. "You" refers to all users of the
website. "Sellers" refers to users who list their properties
for sale on the website.
Edencostarica.com provides this Internet
website and the services offered on it under the following
terms and conditions of use: You understand and acknowledge
that as a condition to, and in consideration of, accessing
and/or using the Edencostarica.com website, you are
exclusively governed by this User Agreement. By choosing to
list your property and/or by accessing and using the
Edencostarica.com website, you agree to have read and
understood the terms and conditions of the User Agreement
and that you agree to be bound by them, without limitation
or qualification and that no signature(s) are required to
implement the User Agreement. If you do not agree with the
terms and conditions, you may not use the Edencostarica.com
website. You may print or download a copy of this agreement
for your records. If you have any questions about this
Agreement, please email us.
All real estate property information
published on Edencostarica.com has been furnished by the
Sellers and is not guaranteed and should be independently
verified. Edencostarica.com does not assume any
responsibility for its accuracy, errors, or omissions.
Edencostarica.com reserves the right to revise or reject any
submission received.
All real estate advertising placed by
anyone through this website is subject to the US Federal
Fair Housing Act of 1968 as amended which makes it illegal
to advertise "any preference, limitation or discrimination
based on race, color, religion, sex, handicap, family status
or national origin or an intention to make any such
preference, limitation or discrimination." Local and foreign
laws add prohibitions against discrimination based on age,
parental status, sexual orientation, political ideology,
financial status, and perhaps other basis. Edencostarica.com
will not knowingly accept any advertisement for real estate,
which is in violation of the law. Our users are herby
informed that all dwellings, under the jurisdiction of US
Federal regulations, advertised on this website are
available on an equal opportunity basis.
This is a real estate commission
free service. The website is not for use by Real Estate
Agents or Persons who Charge Commissions to the seller. Any
Person violating this policy may have their privileges to
use this website revoked.
We are an Advertising and
Information Services Company. We offer a public forum to
homeowners to market their home as a "For Sale By Owner"
also known as a "FSBO". Edencostarica.com does not charge a
real estate commission, nor does it receive a percentage of
the net sale price of a home that sells from this website
from a buyer contacting a seller directly. A real
estate Agent from edencostarica.com might contact you to
offer brokering services but there are no fees that are due
to Edencostarica.com if a home sells from this website.
Sellers and buyers can retain their own
legal counsel, work and negotiate their own sale themselves
or contact one of our professional Real estate agent.
Edencostarica.com does not offer legal advice pertaining to a
home sale. The only advice we offer the seller is in the
field of advertising their home, and how to obtain maximum
exposure with the tools that we provide. Edencostarica.com
suggests that all FSBO sellers obtain their own Real Estate
Attorneys when entering into an offer, purchase and sale
agreement or any other legal document.
If legal, appraisal, or real estate
advice, or other professional services or assistance is
required to assist any Edencostarica.com user or advertiser
in any way, you are hereby recommended to seek advice from a
licensed professional with experience dealing with the
nature of the matter you need assistance with.
Modification to the
User Agreement & Services
Edencostarica.com reserves the right, at
its sole discretion, to modify or discontinue, temporarily
or permanently, the price and/or availability of any or all
of our services or products, including the publishing of
this website in its entirety, are all subject to change
without notice. If you object to any such changes, your sole
recourse shall be to cease accessing the Edencostarica.com
website. Continued use of the Edencostarica.com website
following any such changes shall indicate your
acknowledgement of such changes and agreement to be bound by
the terms and conditions of such changes, without limitation
or qualification. You agree that we shall not be liable to
you or to any third party for any modification, suspension
or discontinuance of the website and/or the services
offered.
Refund and
Cancellation Policy
By placing a real estate advertisement on
the Edencostarica.com website, you agree that all sales are
final. Once an advertising package has been purchased there
will be no refunds on any real estate property advertising
or portion thereof. Once an ad is placed with
Edencostarica.com, regardless of when, or if, you sell your
property, or cancel your ad, you guarantee payment.
Edencostarica.com reserves the right to
refuse to publish and/or to discontinue publishing any
advertisement in Edencostarica.com at our sole discretion.
The registered user may remove
Edencostarica.com property listings at any time by going to
"Modify Your Listing" and logging in.
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| 1. User Rights and Responsibilities |
| 1.1 Access to the Edencostarica.com
website
The Edencostarica.com website, which is provided to you,
is a World Wide Web Internet site that is designed to allow
users to post listings and/or to view listings posted by
other users or interact with those users. The
Edencostarica.com website contains information,
communications, opinions, text, graphics, links, electronic
art, animations, audio, video, software, photos, music,
sounds and other material and data (collectively, "Content")
formatted, organized and collected in a variety of forms
that are generally accessible to Users, including
directories and databases, and areas of the Edencostarica.com
website that can be modified by Users, such as posting
listings, uploading multimedia files, registering user
profiles, and creating House Hunter profiles ("Interactive
Areas").
You are responsible for providing all hardware, software,
telephone or other communications equipment and/or service
to connect to the Internet and access the Edencostarica.com
website. You are responsible for all Internet access
charges, telephone charges or other fees or charges incurred
in connecting to the Internet and accessing the
Edencostarica.com website.
You are responsible for the maintenance and operation of
your Computer. Edencostarica.com is not responsible for any
errors or failures caused by any malfunction of your
Computer, problems relating to your Internet Service
Provider including downtime, and we are not responsible for
any computer virus or related problems that may be
associated with the use of Edencostarica.com on your
Computer.
1.2 User Conduct
You agree to access and use the Edencostarica.com website
only for lawful purposes. You are solely responsible for the
knowledge of and adherence to any and all laws, statutes,
rules and regulations, pertaining to:
- (i) Your use of the Edencostarica.com website,
including any Interactive Area,
- (ii) The use of any networks or other services
connected to the Edencostarica.com website, and
- (iii) The communications means by which you connect
your modem, computer, or other equipment to the
Edencostarica.com website.
By accessing the Edencostarica.com website, you agree that
you will not:
- (1) Restrict or inhibit any other user from using
and enjoying the Interactive Features;
- (2) Post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane, or indecent information of any
kind, including without limitation any transmissions
constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil
liability or otherwise violate any local, state,
national, or international law;
- (3) Post or transmit any information, software, or
other material which violates or infringes in the rights
of others, including material which is an invasion of
privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first
obtaining permission from the owner or right holder;
- (4) Post or transmit any information, software or
other material which contains a virus or other harmful
component;
- (5) Alter, damage or delete any Content or other
communications that are not your own Content or to
otherwise interfere with the ability of others to access
the Edencostarica.com website;
- (6) Disrupt the normal flow of communication in an
Interactive Area;
- (7) Claim a relationship with or to speak for any
business, association, institution or other organization
for which you are not authorized to claim such a
relationship;
- (8) Violate any operating rule, policy or guideline
of your Internet access provider or online service.
1.3 Seller Specific Responsibilities
- (1) Registration: By providing us with information
during the registration process, you agree to provide
true, accurate, current and complete information as
prompted and to maintain and update such information to
keep it true, accurate, current and complete at all
times.
You may not post personal contact information
(including: Name, telephone numbers, addresses, e-mail
addresses), or create links to any outside websites.
If any information you provide is untrue, inaccurate,
not current or incomplete, or if we reasonably believe
so, we may suspend or terminate your access to and use
of the website, and refuse to provide access to any
current or future websites to you.
All sellers hereby acknowledge that they are over 18
years of age.
- (2) Real Estate Brokers: If your house is listed
with a Real Estate Broker you may not utilize our
website unless you have a sales contract that states you
have retained the right to sell your house on your own.
- (3) Account Maintenance: All sellers hereby
undertake the sole obligation to timely modify their ad
to indicate if the property has been sold or is no
longer offered for sale or to contact Edencostarica.com
to have the listing removed from our database.
Edencostarica.com Customer Service Reps may call you from
time to time to verify your house is still available for
sale, your price is still accurate, and if you are in
need of any changes or modifications to your listing.
- (4) Password Controls: As a seller listing real
estate property on the Edencostarica.com website, you can
change your password and other personal information,
with exception to your registered username, on an
unlimited basis. When changing your personal
information, you certify that all information you
provide is accurate. If you forget either your username
or password or both, you may email us and supply us with
your current registered e-mail address.
You are responsible for maintaining the confidentiality
of your username and password, and you are solely
responsible for all activities that occur under your
username and password. We recommend that you memorize
this information, and not write it down. You agree to
immediately notify us of any unauthorized use of your
username and password or any other breach of security
related to the Edencostarica.com website.
WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR
USERNAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH
THIS SECTION.
1.4 Buyer Specific Responsibilities
Buyers must be pre-approved for a mortgage loan to obtain
sellers contact information from Edencostarica.com. Approved
for a mortgage means that you can provide documentation such
as a letter of approval from a bank or lender.
1.5 Privacy Policy
We will use reasonable efforts to keep any communication,
which contains personal user information, or material you
transmit to us via the Website or Internet electronic mail
confidential, except as required by law, pursuant to a court
order or in accordance with a subpoena or as otherwise
specifically agreed.
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| 2. Intellectual Property Rights |
| 2.1 Edencostarica.com website
content
(a) You acknowledge that content ("Content") on the
Edencostarica.com website is generally provided by
Edencostarica.com, individual contributors of Content
("Contributors"), third party licensees, and/or other Users.
You acknowledge that the Edencostarica.com website permits
access to Content that is protected by copyrights,
trademarks, and other proprietary rights including
intellectual property rights, and that these rights are
valid and protected in all media existing now or later
developed and except as is explicitly provided below, your
use of Content shall be governed by applicable copyright and
other intellectual property laws. You acknowledge that the
Edencostarica.com website owns a copyright in the "look and
feel," i.e., the selection, coordination, arrangement and
presentation of such Content.
(b) You may not modify, copy, reproduce, transmit,
distribute, publish, create derivative works from, display
or otherwise transfer or commercially exploit any of the
Content, in whole or in part.
(c) You may:
- (i) Make a reasonable number of digital or other
form of copies to permit your computer hardware and
software to access and view the Content,
- (ii) Print one copy of each piece of Content,
- (iii) Make and distribute a reasonable number of
copies of Content, in whole or in part, in hard copy or
electronic form for personal use only. Any permitted
copies of Content must reproduce in an unmodified form
any notices contained in the Content, such as all
Intellectual Property Right notices, and an original
source attribution to "The Edencostarica.com" website and
its URL address. You acknowledge that the
Edencostarica.com website, its Contributors, and/or Users
remain the owners of the Content and that you do not
acquire any Intellectual Property Rights by downloading
or printing Content
2.2 Content Provided by User
You may upload to any Interactive Area or otherwise
transmit, post, publish, reproduce or distribute, on or
through the Edencostarica.com website only Content that is
not subject to any Intellectual Property Rights, or Content
in which any holder of Intellectual Property Rights has
given express authorization for distribution over the
Internet and on the Edencostarica.com website, without
restriction whatsoever. Any Content submitted with the
consent of a copyright owner other than you should contain a
phrase such as "Copyright owned by [name of owner]; Used by
Permission."
By submitting Content to any Interactive Area, you
automatically grant and/or warrant that the owner of such
Content, whether it be You or a third party, has expressly
granted to the Edencostarica.com website the royalty-free,
perpetual, irrevocable, non-exclusive, unrestricted,
worldwide right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from,
sublicense, distribute, perform, and display such Content,
in whole or in part, worldwide and/or to incorporate it in
other works in any form, media, or technology now known or
later developed for the full term of any Intellectual
Property Rights that may exist in such Content. You also
permit the Edencostarica.com website to sublicense to third
parties the unrestricted right to exercise any of the
foregoing rights granted with respect to such Content. You
also permit any User to access, view, store and reproduce
the Content for personal use.
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| 3. Interactive Areas |
| You acknowledge that the Edencostarica.com website may
include various interactive areas including but not limited
to real estate listings. These Interactive Areas allow
feedback to the Edencostarica.com website and real-time
interaction between users. You further understand that the
Edencostarica.com website does not control the messages,
information, or files delivered to such Interactive Areas
and that the Edencostarica.com website may offer you and
other Users the capability of creating and managing an
Interactive Area. However, neither the Edencostarica.com
website, nor its parent company are responsible for Content
within any Interactive Area. Your use and/or management of
an Interactive Area will be governed by this Agreement and
any additional rules or operating procedures of any
Interactive Area established by you or another User, as
applicable. You recognize that the Edencostarica.com website
cannot, and does not intend to, screen communications in
advance. Moreover, because the Edencostarica.com website
encourages open and candid communication in the Interactive
Areas, the Edencostarica.com website cannot determine in
advance the accuracy or conformance to this Agreement of any
Content transmitted in an Interactive Area.
The Edencostarica.com website is not responsible for
screening, policing, editing, reviewing or monitoring any
Content in an Interactive Area. Notwithstanding the above,
you agree that the Edencostarica.com website has the right to
monitor any Interactive Area, from time to time and to
disclose any information as necessary to satisfy any law,
regulation or other governmental request, to operate the
Interactive Area, or to protect itself or other Users. If
notified of Content that is alleged not to conform to this
Agreement, the Edencostarica.com website may investigate the
allegation and determine in its sole discretion whether to
remove or request the User to remove such Content.
The Edencostarica.com website reserves the right to
prohibit conduct, communication or Content within an
Interactive Area, or to edit, refuse to post, or to remove
any Content, in whole or in part, which it deems in its sole
discretion to violate the then-standard provisions of this
Agreement or any other standard, written Edencostarica.com
website policy in effect at that time, be harmful to the
rights of any User, the Edencostarica.com website, or other
third parties, violate applicable law, or be otherwise
objectionable.
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| 4. Links |
| Hyperlinks to other Internet resources are provided at
your own risk. All such content, goods and services are made
accessible on the Internet by independent third parties and
are not part of the Edencostarica.com website or controlled
by the Edencostarica.com website. The Edencostarica.com
website neither endorses nor is responsible for the
accuracy, completeness, usefulness, quality or availability
of any Content, goods or services available on any website
linked to or from the Edencostarica.com website, which are
the sole responsibility of such independent third parties.
The Edencostarica.com website and its parent companies shall
not be held responsible or liable, directly or indirectly,
for any loss or damage caused or alleged to have been caused
by your use of or reliance on any content, goods or services
available on any website linked to or from the
Edencostarica.com website or your inability to access the
Internet or any website linked to or from the
Edencostarica.com website.
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| 6. Termination |
| The only right with respect to dissatisfaction with any
policies, guidelines, or practices of the Edencostarica.com
in operating the website, or any change in Content, is for
you to discontinue accessing the Edencostarica.com website.
The Edencostarica.com website may temporarily suspend
and/or terminate your access to all or any part of the
Edencostarica.com website, without notice, for conduct that
the Edencostarica.com website believes is a violation of this
Agreement or any policies or guidelines posted by the
Edencostarica.com website, or for other conduct which the
Edencostarica.com website believes, in its sole discretion,
is harmful to the Edencostarica.com website or other Users.
You acknowledge and agree that we may immediately
deactivate or delete your account and all related
information and files in your account and/or bar any further
access to such files or the website.
You agree that we may terminate your account if it
remains inactive for what we deem to be an extended period
of time.
The Edencostarica.com website may discontinue operating
the website and terminate this Agreement without notice at
any time for any reason in its sole discretion. In the event
of termination, you are no longer authorized to access the
Edencostarica.com website, including the Interactive Areas,
and the restrictions imposed on you with respect to Content
downloaded from the Edencostarica.com website, as well as the
disclaimers and limitations of liabilities set forth in this
agreement, shall survive.
FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE
WEBSITE.
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| 7. No Warranty |
| THE Edencostarica.com WEBSITE IS PROVIDED ON AN "AS IS"
and "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, NOR LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF
THIS WEBSITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Edencostarica.com
WEBSITE IS AT YOUR SOLE RISK. PLEASE USE YOUR BEST JUDGMENT
IN EVALUATING ALL INFORMATION CONTAINED OR OPINIONS
EXPRESSED ON THE Edencostarica.com WEBSITE. IT IS THE POLICY
OF THE Edencostarica.com WEBSITE NOT TO ENDORSE OR OPPOSE ANY
OPINION EXPRESSED BY A USER OR CONTENT PROVIDED BY A USER,
CONTRIBUTOR, OR OTHER INDEPENDENT PARTY.
NEITHER THE Edencostarica.com WEBSITE NOR ITS PARENT
COMPANIES, OR AFFILIATES, OR OTHER SUPPLIERS PROVIDING
CONTENT, DATA, INFORMATION OR SERVICES MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
Edencostarica.com WEBSITE OR AS TO THE TIMELINESS, SEQUENCE,
ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NON
INFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY
CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED
THROUGH THE Edencostarica.com WEBSITE.
WE MAY TERMINATE THIS USER AGREEMENT IF YOU FAIL TO
COMPLY WITH THE TERMS AND CONDITIONS OF THIS USER AGREEMENT
OR FOR ANY OTHER REASON. |
| 8. Limitations of Liability |
| THE Edencostarica.com WEBSITE WILL NOT BE LIABLE FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR
ARISING FROM THIS AGREEMENT, THE Edencostarica.com WEBSITE,
OR ANY INTERNET WEBSITE LINKED TO OR FROM THE
Edencostarica.com WEBSITE, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR
DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS
LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR,
INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION,
ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE Edencostarica.com
WEBSITE, NOR ITS PARENT COMPANIES, BE LIABLE TO YOU OR ANY
OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY
YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE
Edencostarica.com WEBSITE OR THE CONTENT CONTAINED WITHIN ANY
INTERNET WEBSITE LINKED TO OR FROM THE Edencostarica.com
WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE
Edencostarica.com WEBSITE IS NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY
USER. IF YOU ARE DISSATISFIED WITH ANY Edencostarica.com
WEBSITE CONTENT, OR WITH THE ACCESS AGREEMENT OF THE
Edencostarica.com WEBSITE, IN WHOLE OR IN PART, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Edencostarica.com WEBSITE.
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| 9. Indemnity |
| You agree to indemnify and hold the Edencostarica.com
website and its parent companies from any and all
liabilities, claims and expenses, including reasonable
attorneys fees, arising from breach of this Agreement, any
other policy, your use or access of the Edencostarica.com
website or any Internet website linked to or from the
Edencostarica.com website, or in connection with the
transmission of any Content on the Edencostarica.com website.
|
| 10. Ownership of copyrights and
trademarks |
| Copyright in the pages, screens, text and images and
content appearing on the Edencostarica.com website, and their
arrangement, is owned by Edencostarica.com, and is protected
by U.S. and international copyright laws. The trademarks,
logos and service marks displayed on the Website are the
property of Edencostarica.com and other parties. Users are
prohibited from using any Marks or copyrighted material for
any purpose without the prior written permission of
Edencostarica.com and users are specifically prohibited from
modifying, copying, distributing, transmitting, displaying,
creating derivative works or using any content available on
or through the Edencostarica.com website for commercial or
public purposes.
All logos, brand names, products, trademarks and service
marks appearing herein may be the trademarks or service
marks of their respective owners. References to any
trademark, service mark and links to or from the
Edencostarica.com website have been done strictly for
clarification and identification and does not constitute
endorsement by the Edencostarica.com website of the products,
services or information offered by the owner of such
trademark, service mark or link or endorsement of the
Edencostarica.com website by such trademark, service mark or
link owner.
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| 11. Miscellaneous |
| This Agreement comprises the entire agreement between
the Edencostarica.com website and you, and supersedes any
prior agreements with respect to the subject matter herein.
The Edencostarica.com website may revise this Agreement or
any other policy at any time and from time to time, and such
revision shall be effective immediately upon posting on the
Edencostarica.com website. You agree to review this Agreement
periodically to be aware of such revisions. If any such
revision is unacceptable to you, you must discontinue
accessing the Edencostarica.com website. Your continued
accessing and use of the Edencostarica.com website following
any such revision shall conclusively be deemed acceptance of
all such revisions. The provisions of the agreement shall
survive the termination or expiration of this Agreement.
If any provision of this Agreement or any other policy be
held invalid or unenforceable, that portion shall be
construed in accordance with applicable law as nearly as
possible to reflect the original intention of the parties
and the remaining portions will continue in full force and
effect. The failure of the Edencostarica.com website to
insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any
provision or right. This Agreement shall be governed by the
laws of the state of Massachusetts, the domicile of the
Edencostarica.com website, excluding its conflict of laws
rules, and you and the Edencostarica.com website each submit
to the exclusive jurisdiction of the courts of that state or
province. This Agreement is personal to you and you may not
assign your rights or obligations to anyone.
Please report any violations of the Terms by
emailing us.
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