SURVEYINGZONE
TERMS OF USE
ACCEPTANCE OF
TERMS
SurveyingZone
provides a collection of online resources, including classified
ads, forums, and various email services, (referred to hereafter as
"the Service") subject to the following Terms of Use ("TOU"). By
using the Service in any way, you are agreeing to comply with the
TOU. In addition, when using particular SurveyingZone services, you
agree to abide by any applicable posted guidelines for all
SurveyingZone services, which may change from time to time. Should
you object to any term or condition of the TOU, any guidelines, or
any subsequent modifications thereto or become dissatisfied with
SurveyingZone in any way, your only recourse is to immediately
discontinue use of SurveyingZone.
MODIFICATIONS
TO THIS AGREEMENT
We reserve the
right, at our sole discretion, to change, modify or otherwise alter
these terms and conditions at any time. Such modifications shall
become effective immediately upon the posting thereof. You must
review this agreement on a regular basis to keep yourself apprised
of any changes. You can find the most recent version of the TOU at:
http://www.SurveyingZone.com/terms.php
CONTENT
You understand that
all postings, messages, text, files, images, photos, video, sounds,
or other materials ("Content") posted on, transmitted through, or
linked from the Service, are the sole responsibility of the person
from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content
that you post, email or otherwise make available via the Service.
You understand that SurveyingZone does not control, and is not
responsible for Content made available through the Service, and
that by using the Service, you may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the SurveyingZone site and Content
available through the Service may contain links to other websites,
which are completely independent of SurveyingZone. SurveyingZone
makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any
such site. Your linking to any other websites 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
SurveyingZone 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 the
Service. You acknowledge that SurveyingZone does not pre-screen or
approve Content, but that SurveyingZone shall have the right (but
not the obligation) in its sole discretion to refuse, delete or
move any Content that is available via the Service, for violating
the letter or spirit of the TOU or for any other
reason.
THIRD PARTY
CONTENT, SITES, AND SERVICES
The SurveyingZone
site and Content available through the Service may contain features
and functionalities that may link you or provide you with access to
third party content which is completely independent of
SurveyingZone, including web sites, directories, servers, networks,
systems, information and databases, applications, software,
programs, products or services, and the Internet as a
whole.
Your interactions
with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third
parties.
You agree that SurveyingZone
shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings. If there is a
dispute between participants on this site, or between users and any
third party, you understand and agree that SurveyingZone is under
no obligation to become involved. In the event that you have a
dispute with one or more other users, you hereby release
SurveyingZone, its officers, employees, agents and successors in
rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any
way related to such disputes and / or our service.
NOTIFICATION
OF CLAIMS OF INFRINGEMENT
If you believe that
your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been
otherwise violated, please notify SurveyingZone's agent for notice
of claims of copyright or other intellectual property infringement
("Agent"), at mail@SurveyingZone.com
or
Copyright
Agent
SurveyingZone
3459 Acworth Due
West Rd, Suite 218
Acworth, GA 30101
Please provide our
Agent with the following Notice: a) Identify the material on
the SurveyingZone site that you claim is infringing, with enough
detail so that we may locate it on the website; b) A
statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; c) A statement by you declaring under penalty of
perjury that (1) the above information in your Notice is accurate,
and (2) that you are the owner of the copyright interest involved
or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
SurveyingZone will
remove the infringing posting(s), subject to the procedures
outlined in the Digital Millennium Copyright Act
(DMCA).
PRIVACY AND
INFORMATION DISCLOSURE
Your use of the
SurveyingZone website or the Service signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and
agree that SurveyingZone may, in its sole discretion, preserve or
disclose your Content, as well as your information, such as email
addresses, IP addresses, timestamps, and other user information, if
required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with
legal process; enforce the TOU; respond to claims that any Content
violates the rights of third-parties; respond to claims that
contact information (e.g. phone number, street address) of a
third-party has been posted or transmitted without their consent or
as a form of harassment; protect the rights, property, or personal
safety of SurveyingZone, its users or the general
public.
CONDUCT
You agree not to
post, email, or otherwise make available Content: a) that is
unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in
any way; b) that is pornographic or depicts a human being
engaged in actual sexual conduct c) that harasses, degrades,
intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability; d) that violates the Fair Housing Act by stating,
in any notice or ad for the sale or rental of any dwelling, a
discriminatory preference based on race, color, national origin,
religion, sex, familial status or handicap (or violates any state
or local law prohibiting discrimination on the basis
of these or other characteristics); e) that violates
federal, state, or local equal employment opportunity laws,
including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color,
religion, sex, national origin, age, or disability.
f)
with respect to employers that
employ four or more employees, that violates the
anti-discrimination provision of the Immigration and Nationality
Act, including requiring U.S. citizenship or lawful permanent
residency (green card status) as a condition for employment, unless
otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but
not limited to, a SurveyingZone employee, or falsely states or
otherwise misrepresents your affiliation with a person or entity
(this provision does not apply to Content that constitutes lawful
non-deceptive parody of public figures.); h) that includes
personal or identifying information about another person without
that person's explicit consent; i) that is false, deceptive,
misleading, deceitful, mis-informative, or constitutes "bait and
switch"; j) that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party, or
Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships; k) that
constitutes or contains "affiliate marketing," "link referral
code,” "junk mail," "spam," "chain letters," "pyramid
schemes," or unsolicited commercial advertisement; l) that
constitutes or contains any form of advertising or solicitation if:
posted in areas of the SurveyingZone sites which are not designated
for such purposes; or emailed to SurveyingZone users who have not
indicated in writing that it is ok to contact them about other
services, products or commercial interests. m) that includes
links to commercial services or web sites, except as allowed in
"services"; n) that advertises any illegal service or the
sale of any items the sale of which is prohibited or restricted by
any applicable law, including without limitation items the sale of
which is prohibited or regulated by California law. A partial list
of prohibited items for sale and prohibited services offered is
provided at the following web address for your convenience:
http://www.SurveyingZone.org/resources//prohibited.items.html
o)
that contains 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; p) that disrupts
the normal flow of dialogue with an excessive amount of Content
(flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or q) that
employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service. Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone; t) collect
personal data about other users for commercial or unlawful
purposes; u) use automated means, including spiders, robots,
crawlers, data mining tools, or the like to download data from the
Service - unless expressly permitted by SurveyingZone; v)
post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure; w) post
the same item or service in more than one classified category or
forum, or in more than one metropolitan area; x) attempt to
gain unauthorized access to SurveyingZone's computer systems or
engage in any activity that disrupts, diminishes the quality of,
interferes with the performance of, or impairs the functionality
of, the Service or the SurveyingZone website; or
(
y)
use any form of automated device
or computer program that enables the submission of postings on
SurveyingZone without each posting being manually entered by the
author thereof (an "automated posting device"), including without
limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at
regular intervals.
POSTING
AGENTS
A "Posting Agent"
is a third-party agent, service, or intermediary that offers to
post Content to the Service on behalf of others. To moderate
demands on SurveyingZone's resources, you may not use a Posting
Agent to post Content to the Service without express permission or
license from SurveyingZone. Correspondingly, Posting Agents are not
permitted to post Content on behalf of others, to cause Content to
be so posted, or otherwise access the Service to facilitate
posting Content on behalf of others, except with express permission or
license from SurveyingZone.
NO SPAM
POLICY
You understand and
agree that sending unsolicited email advertisements to
SurveyingZone email addresses or through SurveyingZone computer
systems, which is expressly prohibited by these TOU, will use or
cause to be used servers located in Georgia. Any unauthorized use
of SurveyingZone computer systems is a violation of the TOU and
certain federal and state laws. Such violations may subject the
sender and his or her agents to civil and criminal
penalties.
PAID
POSTINGS
We may charge a fee
to post Content in some areas of the Service. The fee is an access
fee permitting Content to be posted in a designated area. Each
party posting Content to the Service is responsible for said
Content and compliance with the TOU. All fees paid will be
non-refundable in the event that Content is removed from the
Service for violating the TOU.
LIMITATIONS ON
SERVICE
You acknowledge
that SurveyingZone may establish limits concerning use of the
Service, including the maximum number of days that Content will be
retained by the Service, the maximum number and size of postings,
email messages, or other Content that may be transmitted or stored
by the Service, and the frequency with which you may access the
Service. You agree that SurveyingZone has no responsibility or
liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that
SurveyingZone reserves the right at any time to modify or
discontinue the Service (or any part thereof) with or without
notice, and that SurveyingZone shall not be liable to you or to any
third party for any modification, suspension or discontinuance of
the Service.
ACCESS TO THE
SERVICE
SurveyingZone
grants you a limited, revocable, nonexclusive license to access the
Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b)
any collection, aggregation, copying, duplication, display or
derivative use of the Service nor any use of data mining, robots,
spiders, or similar data gathering and extraction tools for any
purpose unless expressly permitted by SurveyingZone. A limited
exception to (b) is provided to general purpose internet
search engines and non-commercial public archives that use such
tools to gather information for the sole purpose of displaying
hyperlinks to the Service, provided they each do so from a stable
IP address or range of IP addresses using an easily identifiable
agent and comply with our robots.txt file. "General purpose
internet search engine" does not include a website or search engine
or other service that specializes in classified listings or in any
subset of classifieds listings such as jobs, housing, for sale,
services, or personals, or which is in the business of providing
classified ad listing
services.
SurveyingZone
permits you to display on your website, or create a hyperlink on
your website to, individual postings on the Service so long as such
use is for noncommercial and/or news reporting purposes only (e.g.,
for use in personal web blogs or personal online media). If the
total number of such postings displayed or linked to on your
website exceeds one hundred (100) postings, your use will be
presumed to be in violation of the TOU, absent express permission
granted by SurveyingZone to do so. You may also create a hyperlink
to the home page of SurveyingZone sites so long as the link does
not portray SurveyingZone, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive
manner.
SurveyingZone
offers various parts of the Service in RSS format so that users can
embed individual feeds into a personal website or blog, or view
postings through third party software news aggregators.
SurveyingZone permits you to display, excerpt from, and link to the
RSS feeds on your personal website or personal web blog, provided
that (a) your use of the RSS feed is for
personal,
non-commercial purposes only, (b) each title is correctly
linked back to the original post on the Service and redirects the
user to the post when the user clicks on it, (c) you
provide, adjacent to the RSS feed, proper attribution to
'SurveyingZone' as the source, (d) your use or display does
not suggest that SurveyingZone promotes or endorses any third party
causes, ideas, web sites, products or services, (e) you do
not redistribute the RSS feed, and (f) your use does not
overburden SurveyingZone's systems. SurveyingZone reserves all
rights in the content of the RSS feeds and may terminate any RSS
feed at any
time.
Use of the Service
beyond the scope of authorized access granted to you by
SurveyingZone immediately terminates said permission or license. In
order to collect, aggregate, copy, duplicate, display or make
derivative use of the Service or any Content made available via the
Service for other purposes (including commercial purposes) not
stated herein, you must first obtain a license from
SurveyingZone.
TERMINATION OF
SERVICE
You agree that
SurveyingZone, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email
or IP address, or otherwise terminate your access to or use of the
Service (or any part thereof), immediately and without notice, and
remove and discard any Content within the Service, for any reason,
including, without limitation, if SurveyingZone believes that you
have acted inconsistently with the letter or spirit of the TOU.
Further, you agree that SurveyingZone shall not be liable to you or
any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said
termination. Sections 2, 4, 6 and 12-18 shall survive termination
of the TOU.
PROPRIETARY
RIGHTS
The Service is
protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service
is protected by copyright as a collective work and/or compilation,
pursuant to copyrights laws, and international conventions. Any
reproduction, modification, creation of derivative works from or
redistribution of the site or the collective work, and/or copying
or reproducing the sites or any portion thereof to any other server
or location for further reproduction or redistribution is
prohibited without the express written consent of SurveyingZone.
You further agree not to reproduce, duplicate or copy Content from
the Service without the express written consent of SurveyingZone,
and agree to abide by any and all copyright notices displayed on
the Service. You may not decompile or disassemble, reverse engineer
or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any aspect of the Service. SURVEYINGZONE is a
registered mark in the U.S. Patent and Trademark
Office.
Although
SurveyingZone does not claim ownership of content that its users
post, by posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you have
the right to grant, to SurveyingZone an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute said Content and to prepare derivative
works of, or incorporate into other works, said Content, and to
grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of
the Service, you automatically grant SurveyingZone all rights
necessary to prohibit any subsequent aggregation, display, copying,
duplication, reproduction, or exploitation of the Content on the
Service by any party for any purpose.
DISCLAIMER OF
WARRANTIES
YOU AGREE THAT USE
OF THE SURVEYINGZONE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN
RISK. THE SURVEYINGZONE SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
SURVEYINGZONE
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE SURVEYINGZONE SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SURVEYINGZONE
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE SURVEYINGZONE SITE OR THE SITES OR
SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SURVEYINGZONE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, SURVEYINGZONE DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION
WITH THE SURVEYINGZONE SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such
jurisdictions, some of the foregoing disclaimers may not apply to
you insofar as they relate to implied warranties.
LIMITATIONS OF
LIABILITY
UNDER NO
CIRCUMSTANCES SHALL SURVEYINGZONE BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
SURVEYINGZONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM ANY ASPECT OF YOUR USE OF THE SURVEYINGZONE SITE OR
THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
SURVEYINGZONE SITE OR THE SERVICE, FROM INABILITY TO USE THE
SURVEYINGZONE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION,
MODIFICATION, ALTERATION, OR TERMINATION OF THE SURVEYINGZONE SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED IN CONNECTION WITH
THE SURVEYINGZONE SITE OR THE SERVICE OR ANY LINKS ON THE
SURVEYINGZONE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
SURVEYINGZONE SITE OR THE SERVICE OR ANY LINKS ON THE SURVEYINGZONE
SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW. In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, some of the foregoing limitation
may not apply to you.
INDEMNITY
You agree to
indemnify and hold SurveyingZone, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents,
service providers, suppliers and employees, harmless from any claim
or demand, including reasonable attorney fees and court costs, made
by any third party due to or arising out of Content you submit,
post or make available through the Service, your use of the
Service, your violation of the TOU, your breach of any of the
representations and warranties herein, or your violation of any
rights of another.
GENERAL
INFORMATION
The TOU constitute
the entire agreement between you and SurveyingZone and govern your
use of the Service, superseding any prior agreements between you
and SurveyingZone. The TOU and the relationship between you and
SurveyingZone shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You
and SurveyingZone agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of San
Francisco, California. The failure of SurveyingZone to exercise or
enforce any right or provision of the TOU shall not constitute a
waiver of such right or provision. If any provision of the TOU is
found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOU remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to
use of the Service or the TOU must be filed within one (1) year
after such claim or cause of action arose or be forever
barred.
VIOLATION OF
TERMS AND LIQUIDATED DAMAGES
Please report any
violations of the TOU, by flagging the posting(s) for review, or by
emailing to:
mail@SurveyingZone.com
Our failure to act
with respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar
breaches. You understand and agree that,
because damages are often difficult to quantify, if it becomes
necessary for SurveyingZone to pursue legal action to enforce the
TOU, you will be liable to pay SurveyingZone the following amounts
as liquidated damages, which you accept as reasonable estimates of
SurveyingZone's damages for the specified breaches of the TOU:
(a) If you post a message that (1) impersonates any person
or entity; (2) falsely states or otherwise misrepresents your
affiliation with a person or entity; or (3) that includes personal
or identifying information about another person without that
person's explicit consent, you agree to pay SurveyingZone one
thousand dollars ($1,000) for each such message. This provision
does not apply to messages that are lawful non-deceptive parodies
of public figures. (b) If SurveyingZone establishes limits
on the frequency with which you may access the Service, or
terminates your access to or use of the Service, you agree to pay
SurveyingZone one hundred dollars ($100) for each message posted in
excess of such limits or for each day on which you access
SurveyingZone in excess of such limits, whichever is higher.
(c) If you send unsolicited email advertisements to
SurveyingZone email addresses or through SurveyingZone computer
systems, you agree to pay SurveyingZone twenty five dollars ($25)
for each such email. (d) If you post Content in violation of
the TOU, other than as described above, you agree to pay
SurveyingZone one hundred dollars ($100) for each
Item of Content
posted. In its sole discretion, SurveyingZone may elect to issue a
warning before assessing damages. (e) If you are a Posting
Agent that uses the Service in violation of the TOU, in addition to
any liquidated damages under clause (d), you agree to pay
SurveyingZone one hundred dollars ($100) for each and every Item of
Content posted in violation of the TOU. A Posting Agent will also
be deemed an agent of the party engaging the Posting Agent to
access the Service (the "Principal"), and the Principal (by
engaging the Posting Agent in violation of the TOU) agrees to pay
SurveyingZone an additional one hundred dollars ($100) for each
Item of Content posted by the Posting Agent on behalf of the
principal in violation of the TOU. (f) If you aggregate,
display, copy, duplicate, reproduce, or otherwise exploit for any
purpose any Content (except for your own Content) in violation of
the TOU without SurveyingZone's express written permission, you
agree to pay SurveyingZone three thousand dollars ($3,000) for each
day on which you engage in such
conduct.
Otherwise, you
agree to pay SurveyingZone's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any
other provision of the TOU, SurveyingZone retains the right to seek
the remedy of specific performance of any term contained in the
TOU, or a preliminary or permanent injunction against the breach of
any such term or in aid of the exercise of any power granted in the
TOU, or any combination thereof.
FEEDBACK