| 1. Agreement Between
You and Eagle Properties. The following terms and conditions (the
"Terms and Conditions") apply to all visitors to or
users of this website. By accessing this website, the user acknowledges
acceptance of these Terms and Conditions. In the case of any
violation of these Terms and Conditions, Eagle Properties reserves
the right to seek all remedies available by law and in equity
for such violations.
2. General Use Provisions; and
Copyright. All materials provided on this website, including
but not limited to all text, logos, designs, graphics, images,
sounds, information, software, documents, products and services
(collectively, the "Materials"), and the selection,
arrangement and display thereof, are the copyrighted works
of Eagle Properties and/or its vendors or suppliers. All Materials
herein and all Eagle Properties software are proprietary to Eagle Properties
and protected by worldwide copyright and other intellectual
property laws. Except as stated herein, none of the Materials
may be modified, copied, reproduced, distributed, republished,
downloaded, displayed, sold, compiled, posted or transmitted
in any form or by any means, including but not limited to,
electronic, mechanical, photocopying, recording or other means,
without the prior express written permission of Eagle Properties.
3. Limited License. Eagle Properties
hereby authorizes you to view, copy, download and print the
Materials available on this website, provided that: (1) if
you are a potential or actual renter, the Materials are used
solely for personal, non-commercial purposes and if you are
a property owner/manager, the Materials are used only for
the purposes of using the services expressly offered by Eagle Properties;
(2) the Materials are not modified or redistributed; and (3)
all copyright, trademark, service mark and other proprietary
notices are reproduced as they appear in any such Materials.
Except as expressly provided above, nothing contained herein
shall be construed as conferring, by implication, estoppel
or otherwise, any license or right under any patent, trademark
or copyright of Eagle Properties.
4. Trademarks. The trademarks,
trade names and service marks (the "Marks") displayed
on this website are the property of Eagle Properties or other third
parties. Users are not permitted to copy or otherwise use
these Marks without the prior written consent of Eagle Properties
or such third party which may own the Mark. The following
list of Marks owned by Eagle Properties is not exhaustive, and Eagle Properties
may own other Marks not included here.
5. Compliance with Laws; Export
Controls. You acknowledge that the software and any accompanying
documentation and/or technical information is subject to applicable
export control laws and regulations of the U.S.A. You agree
not to export or re-export the software, directly or indirectly,
to any countries that are subject to U.S. export restrictions.
6. Devices. You agree that
you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our Web pages or the
content contained herein without our prior expressed written
permission. You agree that you will not use any device, software
or routine to interfere or attempt to interfere with the proper
working of the Eagle Properties site or any listing, offer or transaction
being conducted on our site. You agree that you will not take
any action that imposes an unreasonable or disproportionately
large load on our infrastructure.
7. No Unlawful or Prohibited
Use. As a condition of your use of this website, you warrant
to Eagle Properties that you will comply with all applicable laws,
statutes, ordinances and regulations regarding your use of
our service and any related activities. In addition, you warrant
that you will not use this website in any way prohibited by
these terms, conditions and notices.
8. Links to Third-Party websites.
This website may contain links to websites operated by parties
other than Eagle Properties. Such hyperlinks are provided for reference
only. Eagle Properties does not control such websites and is not
responsible for their contents. Eagle Properties's inclusion of
hyperlinks to such websites does not imply any endorsement
of the material on such websites or any association with their
operators. If you decide to access any of the third party
sites linked to this website, you do so entirely at your own
risk.
9. General Disclaimer. Although
Eagle Properties has attempted to provide accurate information on
the website, Eagle Properties assumes no responsibility for the
accuracy of the information. All information provided on this
website is provided "as is" with all faults without
warranty of any kind, either express or implied. Eagle Properties
hereby disclaims all warranties, express or implied, including,
without limitation, those of merchantability, fitness for
a particular purpose, title and non-infringement or arising
from a course of dealing, usage or trade practice, except
to the extent such disclaimers are held to be legally invalid.
10. Limitation on Liability.
Neither Eagle Properties nor any of its directors, employees, agents,
vendors or suppliers will be liable for any direct, indirect,
special, punitive, consequential or incidental damages including,
without limitation, lost profits or revenues, costs of replacement
goods, loss or damage to data arising out of the use or inability
to use this website or any Eagle Properties product, or damages
from the use of or reliance on the information present on
this website, even if Eagle Properties has been advised of the possibility
of such damages.
11. Modification of the website.
Eagle Properties (and/or its suppliers) reserves the right in its
sole discretion to improve, modify or remove any information
or content appearing on the website. Eagle Properties may discontinue
or revise any or all aspects of the website in its sole discretion
and without prior notice.
12. Modification of These Terms
of Use. Eagle Properties reserves the right to change the terms,
conditions, and notices under which this website is offered
at any time. Modification of this contract will be deemed
effective upon publication on the website with respect to
any Renters or Lessor actions, communications or transactions
occurring after said date. It is your responsibility to check
terms and conditions of this Agreement at the time of each
use.
13. Severability. If any
part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be
deemed superseded by a valid enforceable provision that most
closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Eagle Properties
does not render legal, brokerage, or other professional advice
or services to either its Renter or Lessor customers.
14. General. This agreement
is governed by the laws of the State of Minnesota, without
regard to its conflicts of laws principles. You hereby consent
to the exclusive jurisdiction and venue of courts in Olmsted
County, in all disputes arising out of or relating to the
use of this website. Use of this website is unauthorized in
any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation
this paragraph.
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