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PotProp Terms of Use
Updated Sept. 1st, 2020
Welcome and thank you for your interest in PotProp (operated by ACBD Media, LLC and its affiliates, collectively, "PotProp"). By clicking a submission button, or by otherwise using PotProp’s Websites (see Section 2), networks, social media applications, mobile applications, or other services provided by PotProp (collectively, the “Services”), or accessing any content provided by PotProp through the Services, you the customer ("Customer" or "you") AGREE TO THE FOLLOWING TERMS OF USE and represent and warrant that you have the right, power and authority to agree to and be bound by such terms. These Terms of Use are a legal agreement between PotProp and you (the "Agreement"). If you do not agree to these Terms of Use, do not submit information to, or access information from, the Services.
1. PotProp’s Role. ACBD MEDIA, LLC DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL ADVICE. ACBD MEDIA, LLC IS NOT A LENDER REPRESENTING YOU OR ANOTHER USER. FOR ADDITIONAL INFORMATION, SEE SECTION 9, PotProp’s business is primarily funded through advertising and membership. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, PotProp may serve advertisements based on the information we collect through the Services. See the Privacy Policy for more details.
ACBD Media, LLC works with licensed real estate agents and brokerages in certain states (see Section 21). Only licensed real estate representatives with “@POTPROP.COM” (e.g. FirstName@potprop.com) email addresses may (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of real property or business, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property when licensed agent makes user aware of real estate license status and is acting as a transaction representative for a separate legally licensed real estate brokerage (see Section 21). PotProp assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.
2. PotProp’s Websites. PotProp operates the following websites (the “Websites”); any use of any of the Services provided by the following websites is subject to these Terms of Use: (a) www.PotProp.com; (b) www.BuyMarijuanaRealEstate.com;
(c) www.CommercialMarijuanaRealty.com; (d) www.MarijuanaRealEstateColorado.com.
3. Referrals. While you are not responsible for making referral payments to PotProp, as part of the Services, PotProp may be paid valuable consideration in exchange for your referral to a real estate professional ("Real Estate Referral"). You authorize PotProp to make such Real Estate Referral and acknowledge PotProp may be paid valuable consideration for facilitating such referral. Additionally, as part of the Services, you may be referred to PotProp’s affiliate, CMRE LLC ("CMRE"), a licensed real estate brokerage. CMRE provides real estate services, has no associate brokers, and primarily conducts business as a referral brokerage (see Section 21).
4. Eligibility; Accounts and Registration. You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for a Membership account. When you register for a Membership account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up to date at all times. When you register, you will receive a Membership account number. You are solely responsible for maintaining the confidentiality of your account and account number, and you are responsible for all actions taken via your account. You may not share your Membership account with others. Unless you have entered into a commercial agreement with PotProp permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.
5. Use of the Services; Restrictions.
A. Use of the Services. As long as you comply with these Terms of Use, PotProp grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services for your personal use. If you are a real estate professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients. If you use the Services for a client, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise.
B. Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. Notwithstanding the foregoing, the aggregate level data provided on Section 2. PotProp’s Websites (the "Aggregate Data") may not be used for non-personal uses, e.g., real estate market analysis. You may not display and distribute derivative works of the Aggregate Data (e.g., within a graph). If using Aggregate Data internally, you may not include PotProp’s logo without PotProp’s prior written approval or imply any relationship between you and PotProp beyond PotProp being a source of the Aggregate Data.
C. Submission and Administration of Opportunities
Customer agrees not to submit through the Websites any description, photograph, financial, contact or any other listing information to publish and advertise a business opportunity using the Services unless customer has received all necessary rights, consents and/or authorizations from the appropriate parties, including, without limitation, photographers and/or copyright owners of any photographs. Customer agrees not to submit any image to PotProp which contains any misrepresentations or unsuitable, inappropriate or controversial content. Only one listing on the PotProp Websites published using the Services is permitted for each business opportunity (e.g., multiple business advertisements within a listing, or multiple listings for the same opportunity, is not permitted), and a listing may not be modified or edited in an attempt to sell a different business entity. Additionally, Customer agrees to allow the listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the PotProp Websites. PotProp shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Websites and PotProp shall have the right to modify the listing in the exercise of its rights under this Agreement. Customer (a) represents and warrants that all property, business, and associated information provided by customer will be accurate, and to the extent applicable, Customer has acquired or obtained all the required licensing, permits and legal authority to market and sell the property/business in the location in which it is advertising; (b) agrees that Customer will not permit the posting of a property/business on the Websites under an address or name other than that of the property or business owner or the named licensed business agents that have been engaged by the property/business owner to market the property/business under the terms of a duly executed, active and exclusive listing agreement with the owner; (c) agrees to administer and maintain the accuracy of listings provided by Customer at all times. PotProp reserves the right to remove all or any part of the listings posted on the PotProp websites. PotProp accepts no responsibility for checking the accuracy of reports or data files submitted by Customer.
D. Use of Information. All information obtained from the Services made available to Customer in the Services (individually and collectively, the "Content") is proprietary to PotProp and its licensors, and is protected by copyright and other U.S. and international intellectual property rights, laws and treaties. Customer agrees that Content reserved for Members will be treated as proprietary, maintained as confidential and shall be protected as a trade secret of PotProp. PotProp does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Content to personal and internal use, and shall not use Content obtained from the Services for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device. Customer shall not modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Services, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Services. Customer shall not access or use any portion of the Services if you are a direct or indirect competitor of PotProp, nor shall you provide, disclose or transmit any portion of the Services to any direct or indirect competitor of PotProp (by way of example, a "direct or indirect competitor" of PotProp includes, but is not limited to, Internet listing services or other business information services and employees, independent contractors and agents of such services). Customers violating these specific terms, specifically those customers searching the Services in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $1000. PotProp reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property/business posted on the Services. The Customer is entirely responsible, and PotProp accepts no responsibility, for the Content from the Customer. While PotProp shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to PotProp. PotProp may add digital watermarks to certain parts of your property, business or Content, including photographs. PotProp adds these digital watermarks to protect against the copying or further distribution of your photographs without your permission. Customer agrees that PotProp may adjust portions of the information contained within the Services (e.g., within property and business Content). Any such adjustments will have no material impact on the meaning and interpretation of property or business Content, but will serve as a means of uniquely identifying the property and professional listings as having been supplied to the Customer. Customer accepts that this is a legitimate and lawful security precaution on the part of PotProp.
6. Prohibited Use.
BY USING THE SERVICES, YOU AGREE NOT TO:
use information provided by PotProp through the Services in making any loan-related decisions;
reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;
provide/post/authorize a link to any of the Services from a third-party website that is not a real estate-related website owned or operated by PotProp as defined in Section 2;
remove or modify any copyright or other intellectual property notices that appear in the Services;
use the Services in any way that is unlawful, or harms PotProp, its service providers, suppliers, or any other user;
distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
impersonate another person or misrepresent your affiliation with another person or entity;
reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by PotProp for a particular portion of the Services;
upload invalid data, viruses, worms, or other software agents to the Services;
interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures PotProp may use to prevent or restrict access to the Services;
conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing "captcha" or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
use any of PotProp’s trademarks without approval, including but not limited to using them as part of your business name, screen name or email address on the Services;
access or use any of the Services to develop competitive products or services; or
attempt to, or permit or encourage any third party to, do any of the above.
submit content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
use landing pages and business practices that contain deceptive, false, or misleading content, including deceptive claims, offers, or methods.
A. Additional Restrictions
Customer acknowledges all listings may be for established businesses, business real estate for sale, business real estate for lease, or asset sales (e.g., sale of equipment, fixtures, applicable licenses, etc.). Listings for properties/businesses that are no longer active or available for sale must be immediately removed from the Websites. PotProp reserves the right, in its sole discretion, to remove any listing from the Services.
7. Fees.
A. Generally. You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable unless otherwise stated in written correspondence by an @potprop.com verified email handle (e.g. support@potprop.com). If PotProp changes the fees for all or part of the Services, including by adding fees or charges, PotProp will provide you advance notice of those changes. If you do not accept the changes, PotProp may discontinue providing the applicable part of the Services to you. PotProp’s authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize PotProp to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, PotProp may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
B. Term and Termination. PotProp offers subscriptions to the Services through a number of products which vary and follow the term, renewal, and billing provisions as described below.
(i) Advertising.
Advertising subscriptions are purchased through https://www.potprop.com/advertise. Customer may select a Basic+ (three-month term), GoldPro+ (four-month term), or Premier+ (annual term) advertising package. Customer agrees to pay for the full value of the package (flat-rate for length of term) at the time of purchase. After the initial term, individual listings do not automatically renew. Customer may cancel a listing at any time after the initial term, but the cancellation will take effect at the expiration of the then-current term. Customer agrees that the fees paid for the initial term or any renewal month are non-refundable unless otherwise agreed upon by checking the box in the Listing Fee section in the Advertising Agreement (separate).
(ii) Membership.
Membership subscriptions are purchased through https://www.potprop.com/membership. Customer may purchase a membership on an annual term only. Customer agrees to pay for the full value of the membership at the time of purchase. After the initial term, membership does not automatically renew. Customer may cancel their membership at any time after purchase, but the fees paid for the membership are non-refundable unless otherwise agreed upon by checking the box in the Membership Refund section in the Premier Member Agreement (separate). PotProp reserves the right to terminate Customer’s membership at any time without prior notice. Cause for termination includes, but is not limited to, breaches or violations of the Terms of Use, requests by law enforcement, inappropriate, unsuitable, controversial, fraudulent or illegal activity by you, discontinuance or material modification of PotProp services, nonpayment of fees owed by you in connection with PotProp services, account inactivity or technical or security issues. Upon termination, PotProp shall have no obligation to maintain or forward any content in your account. In addition, PotProp may require additional evidence of compliance with the provisions of this Agreement from Customers who are alleged to have submitted businesses or other information in violation of this Agreement.
(iii) Membership Rights:
Membership rights are granted by PotProp to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access the PotProp website without express written permission from PotProp, and by registering for a membership, you represent and warrant that you are not a competitor of PotProp or acting on behalf of a competitor of PotProp in registering for and accessing the Services. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of PotProp. By completing the registration process, Customer represents and warrants that the information provided is true, accurate, complete, and current. PotProp has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Agreement as posted and displayed on the PotProp website, or abuses their rights related to the PotProp service.
(iv) Payment Terms
Customer agrees to pay for all products ordered through the PotProp website using PayPal through https://www.potprop.com/checkout and provides PotProp express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of PotProp products, services, or information (collectively "Purchases") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Purchases.
8. User Materials.
A. UGC Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide to PotProp images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant PotProp an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. PotProp will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. PotProp may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize PotProp and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use.
B. UGC Disclaimer. PotProp is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. PotProp may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in PotProp’s sole judgment violate these Terms of Use or are otherwise objectionable. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against PotProp with respect to User Materials. PotProp expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, PotProp may investigate the allegation and determine in PotProp’s sole discretion whether to remove the User Materials, which PotProp reserves the right to do at any time and without notice. For more information on PotProp’s handling of infringing content, please see Section 12 below.
9. Third Party/Linked Services/Sent information.
A. Generally. The Services include links to third-party products, services and Websites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under PotProp’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. PotProp does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that PotProp may transfer the applicable User Information or other information to the applicable third parties, which are not under the control of PotProp. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. PotProp is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties. PotProp does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. PotProp does not assume any liability for the actions, product, or content of any of these and any other third parties. PotProp makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites. When you click on a link that leaves the PotProp site, the site you will land on is not controlled by PotProp and different terms of use and privacy statements may apply. PotProp also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third-party sites and any links thereto.
B. Additional Terms for Third Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
(i) Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, available at http://www.google.com/intl/en_us/help/terms_maps.html, and Google’s Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html.
10. Intellectual Property.
A. Services Owned. The Services are owned and operated by PotProp. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“PotProp Materials”) provided by PotProp are protected by intellectual property and other laws and are the property of PotProp or PotProp’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the PotProp Materials, and PotProp reserves all rights to the PotProp Materials and Services not granted expressly in these Terms of Use. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. PotProp does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and the requirements of applicable law. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
B. Other Rights of PotProp. With respect to listings and other information submitted to PotProp, Customer agrees to grant PotProp and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, including the right to use listings and other information submitted to it for publication of all or part of such listing on the Internet for unrestricted use by PotProp customers and partners. PotProp shall have sole authority to choose the manner in which any listing will be received, displayed and used by the Services, and reserves the right to remove all or any part of a listing or refuse Services to anyone at any time in its sole discretion. PotProp shall have no obligation to (i) resolve disputes among users of the Services; or (ii) monitor or verify the accuracy or proper use of the listings. PotProp reserves the right to modify or change any and all Terms of Use at any time.
11. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any PotProp Materials (“Feedback”), then you hereby grant PotProp an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or create other products and services.
12. DMCA; Claims of Copyright Infringement. PotProp respects the intellectual property rights of others and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify PotProp’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
a. Identification of the copyrighted work that you claim has been infringed;
b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
By mail:
ACBD Media, LLC.
1550 Wewatta Street, Attn: 2nd Floor
Denver, CO 80202
Attention: Copyright Agent
By e-mail:
Support@PotProp.com
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
13. Termination/Changes to Agreement. Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting support@potprop.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from PotProp to use the Services will terminate automatically. In addition, PotProp may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. PotProp may alter, suspend or discontinue the Services or any portion of the Services without notice. PotProp will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. PotProp reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
14. Privacy Policy/Other Terms.
A. Privacy Policy. PotProp will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
B. Other Terms. Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services.
15. Indemnification. You agree to indemnify, defend, and hold harmless PotProp, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using your account and password. PotProp reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with PotProp’s defense of that claim.
16. No Warranties. POTPROP PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POTPROP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. POTPROP AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY POTPROP ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND POTPROP MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
17. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL POTPROP OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF POTPROP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POTPROP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF POTPROP AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO POTPROP FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
18. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Colorado, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Denver County, Colorado for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. PotProp operates the Services from its offices in Colorado, and we make no representation that the Services are appropriate or available for use in other locations.
19. General. You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. PotProp may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. PotProp’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and PotProp with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and PotProp with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 4, 6-9, 11-13, and 15-23.
20. Consent to Communications. By using the Services, you consent to receiving certain electronic communications from PotProp as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, or other communications that PotProp sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with PotProp or third parties, such as real estate agents and Third-Party Providers. Communications through these methods may be routed through a third-party service ("Communications Service"). Calls may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by PotProp or the Communications Service. PotProp also uses the Communications Service to track phone calls and text messages between you and real estate professionals so that PotProp and the real estate professional can access certain details about the contact. As part of this process, PotProp and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by PotProp and the Communications Service. The information is subject to the Privacy Policy. PotProp utilizes email as a vital and primary communication channel with Customers. As a registered user, Customer hereby acknowledges and grants PotProp permission to communicate with Customer via email (as well as other communication channels such as phone and fax) for any purpose PotProp determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. PotProp will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will PotProp have any liability for sending any email to its registered Members/Customers. With respect to sharing any personal data with third parties, PotProp does so in compliance with applicable law. For more information, please visit PotProp’s Privacy Policy.
21. Contact Information and License Disclosures. The Services are offered by ACBD Media, LLC and its affiliates, located at 1550 Wewatta St., Floor 2, Denver, CO 80202. You may contact PotProp by sending correspondence to that address or emailing support@potprop.com. PotProp’s affiliate CMRE LLC holds a real estate brokerage license in the state of Colorado. All referral fees from licensed real estate agents in states outside of Colorado are made payable to CMRE LLC. Real estate and business transactions conducted within the state of Colorado are done through CMRE unless otherwise stated.Privacy Policy Last Updated: Sept. 1st, 2020 At PotProp, we appreciate your use of and contributions to our websites, our social media platforms, our other properties and/or our related services (collectively known as the "Services," or, each individually, a "Service"). PotProp respects your privacy and is committed to protecting your personal information. We encourage you to read this privacy policy to understand the information we collect and how we use and disclose it. This policy applies to all of our Services that link to it. 1. Information Collected by PotProp. When you use the Services, we collect a variety of information from and about you, your devices, and your interaction with the Services. Some of this information identifies you directly or can be used to identify you when combined with other data. Information you provide. When using the Services, you may be asked to provide personal information about yourself, such as your name, contact information, payment information, details about your property/business or properties you are interested in, financial information. This may occur, for example, when you submit information on the Services, inquire about a property or business listed, correspond with a real estate professional (such as a real estate agent or broker) via the Services, or complete other forms or transactions, such as a request for more information about opportunities listed or not listed on our Services. You may also provide information about a third party through the Services, for example, if you share a real estate or business listing with a recipient via email. We may combine this information with other information we collect from your interaction with the Services or from other companies. Some information you provide through the Services is collected and processed by third parties on our behalf. For example, when you order products or services through the Services, we may need to collect your credit or debit card information. This information is collected and processed by third-party payment processors (PayPal). Please check their Terms of Use and Privacy Policy. Cookies, web beacons, and other tracking technologies. We and our partners use various technologies to collect information automatically when you access and use the Services, including cookies, web beacons and other similar technologies. Cookies are bits of electronic information that can be transferred to your computer or other electronic device to uniquely identify your browser. When you use the Services, we and our partners may place one or more cookies on your computer or other electronic device or use other technologies that provide similar functionality. We and our partners may use cookies to connect your activity on the Services with other information we store about you in your account profile or your prior interactions on the Services to, for example, store your preferences. The use of cookies helps us improve the quality of the Services to you, by identifying information which is most interesting to you, tracking trends, measuring the effectiveness of advertising, or storing information you may want to retrieve on a regular basis, such as your favorite properties/businesses. At any time, you may adjust settings on your browser to refuse cookies according to the instructions related to your browser. However, if you choose to disable cookies, many of the free features of the Services will not operate properly. The pages on the Services may also include web beacons or pixels, which are electronic files to count users who have visited that page, to track activity over time and across different websites, to determine users’ interactions with emails we send, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. We may, for example, implement a pixel on the pages of the Services where you view a certain advertisement so that we can track whether you visit a website associated with that advertisement at a later time. Third-party cookies, web beacons, and other tracking technologies. We work with service providers and advertising networks to track and manage cookie information and your activities while you're using the Services and your online activities over time and across different websites and devices. For example, third parties may use cookies to deliver advertisements to you based on your visit to the Services. For additional information, please refer to the section below entitled, "Interest-Based Advertising." You may opt-out of cookie tracking and analysis from any of these service providers and advertising networks by contacting us directly at support@potprop.com. Mobile device and mobile browser information. You may adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer. Usage logs. We collect information about your use of our Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services. We also collect information about the computer or mobile device you use to access our Services, such as the hardware model, operating system and version, unique device identifiers, mobile network information, and browsing behavior. Calls and text messages. Calls between you and PotProp, or between you and third parties made through PotProp (such as real estate agents who contact you about a property through a form or link on our website, or using contact information found on our website), may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. PotProp uses a third-party service provider to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, PotProp and its service provider will receive in real time and store data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. Public content. You may provide information publicly through the Services, such as when you advertise a property or business or when you contribute to our social media pages. Social networks. If you use the social networking connection functions offered through the Services, we may access all of your social network profile information that you have made available to be shared and to use it in accordance with this privacy policy. Please refer to the instructions governing your social network account to manage the information that is shared through your account. 2. How PotProp Uses Your Information PotProp generally uses the information collected about you to provide and improve the Services, including to: provide and deliver the Services, process transactions and send related information such as confirmations and invoices; send you technical notices, updates, security alerts and support and administrative messages; respond to your comments, questions and requests and provide customer service; communicate with you about products, services, offers, promotions, rewards and events offered by PotProp and others, and provide news and information we think will be of interest to you; monitor and analyze trends, usage and activities in connection with our Services; revise, modify, and update existing Services and develop new Services; detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of PotProp and others; personalize the Services and present you with advertising, content or features that we believe will be of interest or useful to you; facilitate contests, sweepstakes and promotions and process and deliver entries and rewards; link or combine with information we get from others to help understand your needs and provide you with better service; and carry out any other purpose described to you at the time the information was collected. Email Management. You may receive email from PotProp for a variety of reasons - for example, if you took an action through the Services, emailed/contact us directly, or you posted your property/business for sale and a buyer sent us a message requesting more information and/or to be directly connected. You can manage your receipt of some types of communication by contacting us directly and notifying us of your preferential communication methods at support@potprop.com. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information. 3. When PotProp Shares and Discloses Your Information Your privacy is important and we are committed to protecting your information that identifies you personally. We will only share personal information that you provide outside the public areas of the Services in the following circumstances: With your consent. When you consent or direct PotProp to share the personal information. This happens when you submit your information through many of our Services. For example, if you choose to contact a real estate agent, private money lender, investor, business broker, attorney, or other real estate professional through the Services, your name, phone number, email address, and message content will appear to the recipient of the message. Partners with whom we conduct business. When PotProp partners with other businesses to offer products and services, we may share information with those business partners only as needed to provide those products and services and only subject to the terms of this privacy policy. Legal obligation or protection from harm. When PotProp has a good faith belief that access, use, preservation or disclosure of information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of PotProp, its users, or the public against harm. Business transfers. If and when PotProp is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, we may share your personal information in connection with that transaction. PotProp may also share aggregated or de-identified information that cannot reasonably be used to identify you. 4. Interest-Based Advertising We participate in interest-based advertising. This means that when you use the Services, we or third party service providers or advertisers may use cookies (that they collect or that we provide to them) or other similar technologies to collect information about your use of the Services (including mobile applications) or your online activities over time and across different websites and devices. Collected information may include the content you view, the date and time that you view this content, and the website that referred you to the Services, and this information may be associated with your unique browser, device identifier, or Internet Protocol (IP) address. These practices help tailor advertisements that are relevant and useful to you. These tailored advertisements may appear on the Services or on other websites, applications or properties. In addition, if you have provided your email address to us, we may use a scrambled, unreadable form (a hash) of your email address to deliver tailored advertisements to you on the Services or on other websites, including via Facebook’s Custom Audience Feature or other similar tools. We do not access or collect any of the contents of your email messages in providing interest-based advertising. Our use of information received from Gmail APIs will adhere to Google’s Limited Use Requirements. You may opt-out of cookie tracking and analysis as described in the section below entitled 'Opting Out of Collection of Information by Third Parties'. The Services do not otherwise respond to ‘do not track’ signals. 5. Opting Out of Collection of Information by Third Parties PotProp’s third-party ad servers, ad network providers, third-party advertisers may provide you with advertisements that you may see on the Services or on other affiliated websites. To improve the relevancy and help measure the effectiveness of such advertisements, the PotProp Ad Providers may use cookies, web beacons, clear gifs or similar technologies. These are used to record users' activity, such as the pages visited, and to learn what types of information are of most interest to the users. 6. Third-Party Links and Websites Throughout the Services, we may link to the websites of other companies and/or individuals. Further, certain functionalities on the Services may involve the distribution of your listing information to third-party websites. These third-party websites may collect information about users on those websites, and PotProp’s privacy policy does not extend to these external websites and third parties. Please refer directly to these third parties and websites regarding their privacy policies. 7. Security and Retention of Information PotProp takes reasonable steps to protect the information users share with us from unauthorized use, access, and disclosure, both during transmission and at rest. However, no transmission of information via the Internet nor electronic storage solution can be entirely secure, so please be aware that we cannot guarantee absolute security. You can access, update, and delete personal information you provide to PotProp in your account profile by emailing us directly at support@potprop.com. We may maintain a copy of the original version of your information in our records. We will retain your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. 8. Transfer of Information to the United States PotProp is based in the United States and you acknowledge that the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the United States, where you may not have the same rights and protections as you do under local law. 9. Government and Private Party Information Requests PotProp occasionally receives various forms of legal process from government agencies and private parties requesting information about PotProp users. Before we produce information, we will attempt to notify affected users and give them an opportunity to object unless notification is prohibited by law or if we believe that notification would create a risk of harm or be otherwise counterproductive. 10. Contacting PotProp If you have any questions about this privacy policy, or the privacy practices of PotProp, please email us at support@potprop.com or you can write to us at: ACBD Media, LLC Attn: Customer Care 1550 Wewatta St., Floor 2 Denver, CO 80202 11. Changes to this Privacy Policy Please note that this policy may be amended from time to time. You should check back for the most current version before relying on any of the provisions in this privacy policy. We will provide notice of material changes to the policy, either by posting a notice on our websites, by sending an email, or some other reasonable method.