This online professional service (the "Service") is a way for real-estate professionals to collect and share data. The Service is provided by CASMY, LLC on CASMYLLC.com and ICASMY.net
This legal agreement ("Agreement") is made between You and CASMY, LLC. This Agreement, as it may be amended from time to time, applies to all users of CASMY software or services.
You may not use the Service if you are under the age of 18 or you are not able to form legally binding contracts, or if your membership has been suspended by CASMY. Please read this Agreement carefully before registering for the Service. By registering for the Service, You become a CASMY member (a "Member"), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY CASMY AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON CASMY POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SERVICE.
In this Agreement the following terms have the following meanings unless the context requires otherwise.
"Agreement" means the agreement between You and CASMY incorporating these terms and conditions for the provision of the Service, as amended from time to time in the manner set forth herein;
"CASMY" means CASMY, LLC; and "You" means the person who registers for the Service, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by CASMY.
ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that You are at least 18 years old. By using the Service, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
REGISTRATION AND SUBSCRIPTION: You have to register to use the Service. You must become a Subscriber and pay the fees that are set out in the CASMY price list. This price list is part of this Agreement and CASMY reserve the right, at any time, to change any fees or charges for using the Service. To become a Member, You must register for the Service. When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by CASMY registration form ("Registration Data"), and to maintain and update Your information to keep it accurate, current and complete. You agree that CASMY may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, CASMY may terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused subscription fees. Although CASMY aims to verify the accuracy of the information provided by CASMY Members, CASMY does not verify information in profiles, and CASMY has no control over, do not guarantee, and are not responsible for the quality, truth, accuracy, legality or safety of CASMY Members.
PROPRIETARY RIGHTS: You represent and warrant to Us that the information posted in Your profile, including Your photograph, is posted by You and that You are the exclusive author of Your profile and the exclusive owner of Your photographs. You assign to CASMY, with full title guarantee, all copyright in Your profile, Your photographs posted, and any additional information sent to CASMY at any time in connection with Your use of the Service. You waive absolutely any and all moral rights to be identified as author of Your profile and owner of Your photograph and any similar rights in any jurisdiction in the world. In addition, other Members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given express written permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, photographs or content on any Service, You automatically grant, and You represent and warrant that You have the right to grant, to CASMY and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
YOUR USE OF THE SERVICE: As a Member, You agree that:
(1) You will use the Service in a manner consistent with any and all applicable laws and regulations. You are solely responsible for Your interactions with other members and non members. CASMY reserves the right, but have no obligation, to monitor and/or mediate disputes between You and other members.
(2) You are solely responsible for the content or information You publish or display (hereinafter, "post") on the Service, or transmit to other members. You will not post on the Service, or transmit to other members or to CASMY or CASMY employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in Your profile any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and You will not post any photos containing nudity or personal information. CASMY reserves the right, but CASMY has no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section. CASMY reserves the right to refuse service to anyone, at CASMY’s sole discretion.
(3) By becoming a Member, You agree to accept and consent to receiving email communications initiated from CASMY or through CASMY including, without limitation: message notification emails, emails informing you about events and parties CASMY organize, emails informing You of changes to the Service and emails informing You of promotions that either CASMY provides or that are being provided by third parties. If you choose to respond to promotions that are provided by third parties and in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies. CASMY organize and emails informing You of changes to the Service are provided by CASMY as part of the operation of the Service and you will receive these messages for as long as you are a CASMY member. Should You not wish to receive any CASMY email communications, please do not register with CASMY for the Service. However, You may opt-out of receiving Email communications sent from CASMY or through CASMY offering You third party goods or services.
(4) You agree that CASMY has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the CASMY Service. You acknowledge that features, parameters or other services CASMY provides may change at any time. You acknowledge that CASMY reserves the right to sign out, terminate, delete or purge Your account from the Service if it is inactive. "Inactive" means that you have not signed in to the Service for a particular period of time, as determined by CASMY, at CASMY’s sole discretion.
(5) CASMY customer service employees are here to make your online experience enjoyable by providing assistance and guidance to You. You agree not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of CASMY customer service employees feel, at any point, threatened or offended by Your conduct, CASMY reserves the right to immediately terminate Your membership and You shall not be entitled to the refund of any subscription payments CASMY has received from You.
CASMY is entitled to investigate and terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:
You will not harass or impersonate any person or entity. You will not use any manual or automatic device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. You will not express or imply that any of CASMY statements are endorsed by CASMY, without CASMY specific prior written consent. You will not interfere with or disrupt any Service or any CASMY website, servers or networks connected to any Service or CASMY website. You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. You will not use meta tags or code or other devices containing any reference to CASMY or the Service or the CASMY website connected to the Service in order to direct any person to any other CASMY website for any purpose. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.
ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by CASMY, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. CASMY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPT NOR ENDORSE, NOR IS CASMY RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN CASMY. UNDER NO CIRCUMSTANCES IS CASMY RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
CASMY RESERVES THE RIGHT, BUT CASMY HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. CASMY SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IS AT CASMY’S SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT BETWEEN YOU AND OTHER THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY CASMY FOR COMPLIANCE WITH THIS AGREEMENT, BUT WILL BE TREATED BY CASMY AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
INTELLECTUAL PROPERTY. All intellectual property rights in and to the Service are and shall be owned by CASMY, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners.
DISCLAIMERS: CASMY’S PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH CASMY REPRESENTATIVES, OR CASMY OR OTHERWISE WITH RESPECT TO THE SERVICE. CASMY SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, CASMY DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. CASMY DISCLAIM’S LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
LIMITATION OF LIABILITY: IN NO EVENT WILL CASMY BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CASMY OR ‘s AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CASMY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CASMY FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
DISPUTE RESOLUTION: This Agreement is governed by the laws of the State of Delaware without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the State of Delaware, with regard to any and all claims by you arising out of or related to the CASMY websites.
WAIVER AND SEVERABILITY OF TERMS: CASMY’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect.
Terms and Conditions of Purchase
All purchases are subject to the following terms and conditions:
The current Subscriber and renewal rates offered by CASMYLLC.COM or ICASMY.net are available on the subscription page. Current Subscribers can view their subscription plan including any applicable renewal rate and period on the Account Information page.
Additional terms and conditions:
1.All purchases are final. No refund will be given for unused portions of your subscription period.
3.By submitting this purchase, Purchaser hereby acknowledges, agrees and authorizes CASMYLLC.COM to renew Purchaser's subscription, automatically, every month or annually, at the guaranteed renewal rate that applies to the purchase option chosen by Purchaser, until such time as Purchaser instructs CASMYLLC.COM or ICASMY.NET to stop the renewals.