INTRODUCTION.

Welcome to Mouseinfo.com (the “Site”), which is owned and operated by Mouseinfo.com (”Mouseinfo”). The Site includes all web pages accessible by the public, including the Mouseinfo community forms (the “Forums”) as well as the subscriber-only Mouseinfo service (the “Service”). Use of the Service is subject to a separate end user license agreement, the terms of which shall govern any subscriber’s use of the Service to the extent such terms are in conflict or inconsistent with these Terms of Use.

By using any portion of the Site, you agree to be bound by all of the following terms of use, conditions, and notices (the “Terms of Use”) and the Privacy Policy.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU INDICATE THAT YOU HAVE READ AND THAT YOU ACCEPT THESE TERMS OF USE.

Mouseinfo reserves the right to change these Terms of Use, at its sole discretion, at any time or from time to time. If any change is not acceptable, you must discontinue your use of the Site immediately. Using the Site after the date that these Terms of Use are changed constitutes your irrevocable acceptance of such changes.

SITE CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP.

You acknowledge that the messages, information, data, text, software, images, graphics or other materials posted on the Site (the “Content”) contain trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are owned by Mouseinfo, its third party licensors or suppliers, and that such proprietary material is protected by law, including U.S. copyright laws and international treaty provisions. The “look and feel” of the Website (including color combinations, text, images, logos, button shapes, layout, design compilation and presentation of information and all other graphical elements) are also Mouseinfo’s trademarks and/or copyrights. Any unauthorized use of trademarks appearing on the Site may constitute trademark infringement, which could subject the user to substantial civil penalties. The deletion or alteration of any copyright, trademark or other proprietary notices from the Site is strictly forbidden.

Further, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content contained on the Site, unless you yourself posted such information to the Site or you have express authorization to do so. You are granted a non-exclusive, non-assignable and non-transferable license to use the Site only under these Terms of Use.

The Content provided on the Site may be based upon factual and third party information that includes, but is not limited to, public record data, tax parcel data, crime data, demographic data, school location data as well as real estate market data and analysis from various third-party sources (the “Third Party Content”). Mouseinfo has not independently verified that the Third Party Content is complete, current or accurate and expressly disclaims any warranty with respect to the reliability of such information. You acknowledge and agree that your reliance on the Third Party Content is solely at your own risk. If you have any questions with respect to the Third Party Content posted on the Site, please contact Mouseinfo as set forth on the Site.

COMMUNICATING WITH THE SITE.

You are solely responsible for the content of any and all Content you transmit or post to the Site, including to any email address provided on the Site, or any materials you add to the Site, including any Content provided in comments to the Forums (collectively, “Communications”). Mouseinfo does not endorse or accept any Communications as its own or representative of its views. By posting Content on the Site, a user is giving Mouseinfo the perpetual, royalty-free right to display such Content on the Site and its affiliated publications and to distribute such Content and use such Content for promotional and marketing purposes.

Mouseinfo cannot review all Communications made on or through the Site and Mouseinfo is not responsible for screening or otherwise monitoring content submitted by Site users, whether in advance or after posting. If notified by a user of Communications which allegedly do not conform to these Terms of Use, Mouseinfo may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Communication. Mouseinfo reserves the right, but has no obligation, liability or responsibility to monitor the Site and edit, modify or delete any materials which Mouseinfo in its sole discretion determines to violate these Terms of Use or to be in any other way offensive or contrary to any Mouseinfo policy, applicable law or other regulation. You are solely responsible for the content of any Communications you make to the Site or any Content you add to the Site. You acknowledge that you have no expectation of privacy in any Communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and Mouseinfo by reason of your transmitting a Communication to any area of the Site.

LAWFUL USE.

The Site may be used only for lawful purposes. As one of the conditions of your use of the Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of the Site complies with these Terms of Use and to seek prior written permission for any uses not expressly permitted herein.

In connection with your use of the Site, you agree that you will not, nor will you allow others to, directly or indirectly:

1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, pornographic, lewd, indecent, profane, racially, ethnically or otherwise objectionable, or that may invade another’s right of privacy or publicity or other personal rights;
2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, access data not intended for your use or viewing, or log into an account or server which you are not authorized to access;
3. Post, republish, distribute, or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships, or in violation of the rights of any third party;
4. Delete any author attributions, legal notices or proprietary designations or labels that you upload to the Site, or upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. Take any action which imposes an unreasonable or disproportionately large load or burden on the Site or use the Site in a manner that attempts to or actually does disrupt, impair, interfere with or wrongfully alter or modify the Site, or in a manner that adversely affects the Site and/or the availability of its resources to other users including without limitation posting or transmitting Content that contains a virus or corrupted data, excessive shouting, use of all caps, overloading, mail bombing, crashing or flooding or continuous posting of repetitive text;
6. Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation such as opinions or notices, commercial or otherwise;
7. Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Site for any lawful purpose;
8. Delete or revise any material posted by another person or entity;
9. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site by any user, host or network;
10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
11. Attempt to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization;
12. Post any Content that constitutes or contains false or misleading indications of origin or statements of fact, causes injury of any kind to any person or entity, or infringes or violates the intellectual property rights, or any other rights of any third party;
13. Collect or attempt to collect any information of others, including passwords, account, or other information; or Violations of Site or network security may result in civil or criminal liability. Mouseinfo will investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.

Mouseinfo may provide links or references to Internet sites maintained by third parties. Mouseinfo does not operate or control in any respect any information, products or services on these third-party sites and provides no warranty whatsoever with respect to such sites.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, MOUSEINFO PROVIDES THE SITE, INCLUDING THE DATA GENERATED BY THE SITE, ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, ACCURACY OF DATA OR CONTENT, AND ADEQUACY FOR ANY PARTICULAR USE OR PRODUCTIVENESS. NOTHING IN THESE TERMS OF USE WILL IMPLY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME. YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE SITE, RESULTS OBTAINED, AND PERFORMANCE.

IN NO EVENT SHALL MOUSEINFO HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOUSEINFO WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MOUSEINFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR SOLE RISK.

INDEMNITY.

You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of this Site. If you are dissatisfied with the Site and/or any Content on this Website, or with these Terms of Use, your sole and exclusive remedy is to stop using the Site and Content. You agree to defend, indemnify and hold harmless Mouseinfo, its subsidiaries, affiliates, officers, directors, shareholders, employees, suppliers, agents, co-branders and other partners from any and all liabilities, claims, demands, losses or expenses, including reasonable legal and accounting fees and costs, resulting or arising from: your breach of these Terms of Use; any action taken or permitted by you which disrupts, degrades or damages the Site, Content or related data thereon; your infringement of any intellectual property right of Mouseinfo or any other person or entity; any activity (including any negligent or wrongful conduct) by you; any materials provided by you to be posted on the Site; your use of the Site; your violation of the rights of any third party; your posting or uploading of any content; or your actual or alleged breach of any federal, state, local or foreign law, or regulations.

TERMINATION.

These Terms of Use are effective until terminated by Mouseinfo, at any time without notice. In the event of termination, you are no longer authorized to access the Forums or the Service and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

GOVERNING LAW.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

NOTIFICATION OF COPYRIGHT INFRINGEMENT.

If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify us at http://www.mouseinfo.com/forums/sendmessage.php. Any personal information you provide in your email will be used only for purposes related to your email.