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Website Terms of Use and Linking Agreement

Carefully read these Website Terms of Use and Linking Agreement before accessing or using the website of Chobeso Inc. ('CHOBESO') having the domain name of ('SITE').


By accessing or using SITE, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, AS THESE TERMS OF USE MAY BE MODIFIED FROM TIME TO TIME, YOU MAY NOT use SITE, AND MAY NOT create or maintain a link to SITE as set forth in these terms of use.

  1. Linking Terms.

    1. Only upon your acceptance of the terms and conditions of these Terms of Use, you are authorized to establish a hypertext link (the “Link”) from your website (“Your Website”) to the home page of SITE. Deep linking to content appearing in the web pages below the home page of SITE is not permitted.

    2. If you create a Link, Your Website shall not do any of the following:

      1. Create frames around SITE or otherwise alter the visual presentation of SITE.

      2. Expressly state or otherwise imply that CHOBESO is endorsing you, your products or services, or the content of Your Website.

      3. Expressly state or otherwise imply an affiliation between you and CHOBESO without the prior written consent of CHOBESO.

      4. Misrepresent your relationship with CHOBESO or present false or misleading impressions about Chobeso Inc’s products or services.

      5. Disparage SITE or display the Link in a manner that that diminishes Chobeso Inc’s goodwill.

      6. Include or display any material which is immoral, unethical, illegal or inappropriate for a professional Website.

    3. You acknowledge and agree that you are not a publisher, distributor, agent, partner, franchiser or endorser of SITE, and CHOBESO is not a publisher, distributor, agent, franchiser or endorser of Your Website. CHOBESO retains exclusive editorial control over SITE and has the right to make administrative or operational decisions it deems necessary or desirable in the normal course of business.

    4. You warrant to CHOBESO that (1) you have duly registered the domain name of Your Website with all applicable authorities and/or have a license to use Your Website, and you possess all rights necessary to use such the domain name for Your Website, and (2) the content and materials which each has placed within Your Website, or any hyperlink therefrom, do not and will not infringe upon or violate (i) any U.S. copyright, patent, trademark or other proprietary right of a third party, (ii) any applicable law, regulation or non-proprietary right of a third party.

  2. Changes to Terms of Use.

    CHOBESO reserves the right, in its sole discretion, to modify, update, or otherwise revise these Terms of Use at any time. Such revisions shall be effective immediately upon posting on SITE. By using SITE or creating or maintaining a Link after CHOBESO has posted any modifications, updates or revisions, you agree to be bound by such revised Terms of Use. In addition to these Terms of Use, additional terms may govern use of certain web pages within SITE or the creation, maintenance and use of Link, as such terms may be contained on the web pages of SITE. Provided that such additional terms are not contrary to these Terms of Use, by accessing and using such web pages, and creating, using, and maintaining the Link, you agree to be bound by such terms.
  3. Links to Other Websites.

    SITE may contain links to other websites. The linked websites are provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that CHOBESO is not responsible for the content or anything that may be delivered to you or your computer as a result of accessing any of the linked websites. Specifically, CHOBESO is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on SITE, or from SITE. The content of any linked websites is not under Chobeso Inc's control, and CHOBESO does not endorse such content, whether or not CHOBESO is affiliated with the owners of such linked websites.
  4. Limitations on Use.

    Except with the express prior written consent of CHOBESO you may access, download and print materials on SITE only for personal and non-commercial purposes. Except as expressly provided under these Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, post, license, frame in another website, use on any other website, create derivate works of, transfer, sell, and/or exploit for commercial use, any information, software, real estate listings, databases or other lists, products or services provided through or obtained from SITE, including by email or other electronic means, without the prior written consent of CHOBESO. You may create a Links from SITE only in accordance with these Terms of Use and, specifically, without limitation, Section of these Terms of Use.
  5. Your Representations and Warranties.

    You represent and warrant to CHOBESO that any information you provide on SITE will be true, accurate and complete, and will not violate any law, statute, ordinance or regulation. You warrant that you will not falsely identify yourself or impersonate or falsely represent your affiliation with any person or entity. Except with the written permission of CHOBESO, you agree that you will not access or attempt to access password protected, secure or non-public areas of SITE. Unauthorized individuals attempting to access prohibited areas of SITE may be subject to legal prosecution. You further warrant to CHOBESO that you will not use SITE for any purpose that is unlawful or prohibited by these Terms of Use, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.
  6. Use of Mortgage Calculation Tools

    The mortgage calculation tools available on SITE are for demonstration purposes only, and are not an offer to lend. Interest rates shown may differ from actual market interest rates. CHOBESO does not guarantee the accuracy, sufficiency, correctness, veracity, completeness or timeliness of such service. You are responsible for confirming the sufficiency and reliability of any such service.
  7. Proprietary Rights.

    You acknowledge and agree that the trademarks of CHOBESO (the “Marks”), SITE, and the content and look and feel of SITE are proprietary, original works of authorship of CHOBESO, or licensed to CHOBESO, protected under United States copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, SITE, and the content and look and feel of SITE are and shall remain with CHOBESO. You agree not to contest or infringe these rights, directly or indirectly, at any time. Without the prior written consent of CHOBESO, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of CHOBESO or its licensors, and is prohibited. Except as expressly provided under this Agreement, you may not use on any website, including Your Website, or other materials the Marks or any other trademarks or copyrighted materials appearing on SITE, including without limitation any logos, without the express prior written consent of the owner of the mark or copyright.
  8. Interruptions in Service.

    SITE and access to the content of SITE may from time-to-time be unavailable to you or users of Your Website, whether because of technical failures or interruptions, intentional downtime for service or changes to SITE, or otherwise. You agree that CHOBESO shall have no liability of any nature to you or any third party for any modifications to SITE, and any interruption or unavailability of access to SITE or its content.
  9. No Warranties; Exclusion of Liability.

    YOU UNDERSTAND AND EXPRESSLY AGREE TO THE FOLLOWING:
    1. YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION AND SERVICES, INCLUDING WITH RESPECT TO ANY REAL ESTATE LISTING, CONTAINED IN OR PROVIDED THROUGH SITE IS AT YOUR SOLE RISK. SUCH INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHOBESO MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE DATA, METHODS, OR INFORMATION CONTAINED IN OR PROVIDED THROUGH SITE. CHOBESO DOES NOT WARRANT THE FUNCTIONS CONTAINED IN SITE WILL BE UNINTERUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHOBESO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    2. IN NO EVENT WILL CHOBESO BE LIABLE TO YOU, ANY USER OF SITE OR YOUR WEBSITE, OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SITE. ANY MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, YOUR WEBSITE, LOSS OF DATA, OR OTHER PERSONAL LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    3. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CHOBESO BE LIABLE TO YOU, OR ANY USER OF SITE OR YOUR WEBSITE, OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, OF ANY NATURE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON INFORMATION OR SERVICES OBTAINED BY OR PROVIDED THROUGH SITE, OR FOR ANY ERROR OR OMISSION, OR OTHERWISE IN ANY WAY CONNECTED WITH USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF CHOBESO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  10. Indemnification.

    You agree to indemnify, defend and hold harmless CHOBESO, its officers, directors, employees, shareholders, agents, affiliates, suppliers, successors and assigns from and against any and all liability, loss, claim, demand, suit, proceeding, damage, cost and expense, including reasonable attorneys fees and costs, arising out of or resulting from (a) any violation by you of these Terms of Use; (b) the content of Your Website; or (c) any negligent acts, errors or omissions of you, your agents or contractors.
  11. Miscellaneous.

    1. These Terms of Use and all other terms and conditions related to the use of SITE shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without regard to its conflict of law provisions. By use of SITE or creating a Link, you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Salt Lake County, State of Utah, United States of America, for all disputes arising out of or related to the use of SITE, any information contained on or provided through SITE, and the creation and maintenance of a Link, and you waive all defenses to the exclusive jurisdiction of such courts.

    2. If any provisions of these Terms of Use shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

    3. These Terms of Use represent the entire agreement between CHOBESO and you, and supersede any prior agreements or understandings not incorporated herein. In the event of any inconsistency between these Terms of Use and any future posted terms of use, the lasted posted terms of use shall control.

    4. There are no third party beneficiaries of these Terms and Conditions.

    5. If you violate any of these Terms of Use, your permission to use SITE and to create or maintain a Link, and your license to the Marks shall immediately terminate without the necessity of any notice to you. CHOBESO retains the right to deny access to SITE to anyone at its sole discretion for any reason, including for violation of these Terms of Use. CHOBESO may, at any time, in its sole discretion for any reason terminate only your right to create and maintain the Link, without affecting your right to otherwise access and use SITE in accordance with these Terms and Conditions. Upon notice of any termination of your right to create and maintain a Link and license to the Marks, and you shall immediately remove any and all Links and Marks from Your Website.

 
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Portions © 2007 ChoBeso Inc., All Rights Reserved.
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  1. This publication is designed to provide information with regard to the subject matter covered. It is displayed with the understanding that the publisher and authors are not engaged in rendering real estate, legal, accounting, tax, or other professional services and that the publisher and authors are not offering such advice in this publication. If real estate, legal, or other expert assistance is required, the services of a competent, professional person should be sought.
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