WEBSITE TERMS AND CONDITIONS
Last Updated: November 11, 2017
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
This website is operated by Metropolitan Land Group. These Terms of Service apply solely to your access to, and use of, the metlandgroup.com web site operated by Metropolitan Land Group. and other Metropolitan Land Group web sites and mobile applications and other social media applications which link to these Terms of Service (the ‘Sites’). These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Metropolitan Land Group for products, services or otherwise.
We reserve the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of the Sites, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
All questions or comments about the Sites or site content should be directed to [email protected]
2. COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, Metropolitan Land Group’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the ‘Site Materials’) are the proprietary property of Metropolitan Land Group or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Metropolitan Land Group is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (‘DMCA’) and other applicable laws, Metropolitan Land Group has adopted a policy of terminating, in appropriate circumstances as determined by Metropolitan Land Group in its sole discretion, subscribers or account holders who are deemed to be repeat infringers. Metropolitan Land Group may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You may not use any metatags or any other ‘hidden text’ utilizing ‘Metropolitan Land Group’ or any other name, trademark or product or service name of Metropolitan Land Group without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Metropolitan Land Group and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
You may not use a Metropolitan Land Group logo or other proprietary graphic of Metropolitan Land Group to link to these Sites without the express written permission of Metropolitan Land Group. Further, you may not use, frame or utilize framing techniques to enclose any Metropolitan Land Group trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Metropolitan Land Group’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Metropolitan Land Group or any third party.
Metropolitan Land Group makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of Metropolitan Land Group and Metropolitan Land Group is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Metropolitan Land Group provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Metropolitan Land Group of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
6. THIRD PARTY CONTENT
We may make third party information and other content available on or through the Sites (the ‘Third Party Content’) as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the Sites (‘Third Party Products and Services’). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. Metropolitan Land Group does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Metropolitan Land Group is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
7. ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES
Metropolitan Land Group may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party organizations, products, or services on the Site. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Metropolitan Land Group is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- Metropolitan Land Group advertisers or third party information on the Site.
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or Metropolitan Land Group that are provided by you in the form of email or other submissions to Metropolitan Land Group or any postings on the Sites, are non-confidential and shall become the sole property of Metropolitan Land Group. Metropolitan Land Group shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY METROPOLITAN LAND GROUP THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE ‘SERVICES’) ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Metropolitan Land Group DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. Metropolitan Land Group DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
Metropolitan Land Group IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE Metropolitan Land Group ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, Metropolitan Land Group CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
LISTED PRICES FOR MERCHANDISE INCLUDE APPLICABLE SALES/USE TAX.
Metropolitan Land Group IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITES.
Metropolitan Land Group reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, Metropolitan Land Group.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL Metropolitan Land Group OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Metropolitan Land Group OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO METROPOLITAN LAND GROUP’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Metropolitan Land Group, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO METROPOLITAN LAND GROUP FOR ACCESS TO OR USE OF THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. APPLICABLE LAW AND VENUE
These Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of the Oregon applicable to agreements made and to be entirely performed within the Oregon, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in the Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.
Notwithstanding any of these Terms of Service, Metropolitan Land Group reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
14. QUESTIONS & CONTACT INFORMATION
Questions or comments about the Sites may be directed to Metropolitan Land Group at [email protected]