Terms & Conditions

General Terms

Acceptance of Terms

iProp Services (a division of KCN Solutions) provides its services ("Service") to you subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to comply with the Terms. Should you object to any portion of the Terms or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service and notify iProp Services of your desire to cancel your subscription. iProp Services will provide notice of materially significant changes to the Terms by posting notice on this web site.

Privacy

Please review our privacy policy to understand our how we handle personally identifiable information about users.

User Account and Password Security

Once you sign up to become a user of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time.

Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such content ("Content") originated. Specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that iProp Services does not control, and is not responsible for Content made available through its Service, and that by using this Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that iProp Services does not pre-screen or approve Content, but that iProp Services shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason. You agree that you must evaluate and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will iProp Services be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the service.

Linked Content and Third Party Sites

iProp Services provides links to and distributes listings through third party sites and resources over which iProp Services has no control. iProp Services is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. iProp Services makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking or submitting information to any other websites is at your own risk.

Copyright Complaints

Please review copyright policy to understand our how we handle copyright complaints.

Conduct

You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a iProp Services official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

Indemnity

You agree to indemnify and hold iProp Services, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

Modification of Service

iProp Services reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iProp Services shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination of Service

You agree that iProp Services, in its sole discretion, may terminate your password, use of the Service or use of any other iProp Services service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if iProp Services believes that you have violated or acted inconsistently with the letter or spirit of the Terms. iProp Services may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that iProp Services may immediately deactivate or delete your iProp Services and all related information and files in your iProp Services and/or bar any further access to such files or the Service. Further, you agree that iProp Services shall not be liable to you or any third-party for any termination of your access to the Service.

Advertisements and Promotions

iProp Services may run advertisements and promotions on its sites. By creating your classified ad, you agree that iProp Services has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on your classified ad via JavaScript or any other means. Doing so is grounds for immediate termination of service. The manner, mode and extent of advertising by iProp Services on your classified ad is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that iProp Services shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IPROP SERVICES 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. (b) IPROP SERVICES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IPROP SERVICES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IPROP SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IPROP SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of iProp Services or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of iProp Services and protected by U.S. and international copyright laws. All software used on this site is the property of iProp Services or its software suppliers and protected by United States and international copyright laws.

Trademarks

iProp Services, the iProp Services logo, and other marks indicated on our site are trademarks of KCN Solutions. Other iProp Services graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of KCN Solutions. iProp Services' trademarks and trade dress may not be used in connection with any product or service that is not iProp Services', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits iProp Services. All other trademarks not owned by iProp Services or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by iProp Services.

iProp Services Privacy Policy

(last updated July 25, 2009)

This policy describes the types of information iProp Services gathers from its users of the iProp Services Web site at www.ipropservices and www.myiprop.com and how that information is used. Please read this policy carefully before you provide us with any personal information. If you have questions about this policy, please email us at privacy@braincannon.com.

Information We Collect

We log your IP address in order to help diagnose problems with our server, administer our Web site and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on whether you access our site through an always-on type of Internet connection (e.g., cable modem or DSL), or through a dial-up connection (e.g., AOL or Earthlink). Either way, it would be extremely difficult for us to identify you through your IP address, and we make no attempt to do so. If you reached our site by clicking on a link or advertisement on another site, then we also log that information. This helps us maximize our Internet exposure, and understand our users' interests. All of this information is collected and used only in the aggregate; that is, it is entered into our database, where we can use it to generate overall reports on our visitors, but not individual reports that identify you personally.

We also place a small text file known as a "cookie" on your computer's hard drive. A cookie may contain information that allows us to track your path through our Web site and to determine whether you have visited us before. However, unless you register with us, it contains no personally identifiable information that would allow us to identify you. Cookies cannot be used to read data off of your hard drive, and cannot retrieve information from any other cookies created by other Web sites. We use cookies in this manner to help us understand how visitors and subscribers use our site, and to help us to improve our site. You may refuse to accept a cookie from us by following the procedures specific to your Web browser. Although you may do so, you may find that your browser reacts strangely when visiting not only our Web site, but other Web sites as well. Since cookies don't provide us with any information from which we can identify you, we suggest you allow us to place one on your computer.

We may use Web beacons on our site or other sites and may permit third parties to place them on our site to monitor the effectiveness of advertising or for other legitimate purposes. A Web beacon, also known as a "Web bug," is a small, graphic image on a Web page, Web-based document or in an e-mail message that is designed to allow the site owner or a third party to monitor who is visiting a site. Web beacons are often invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document or e-mail message. Web beacons are represented as HTML IMG tags in the Web page; users can click on "view profiles" of the Web page to see whether the page is using a Web beacon. Web beacons collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web beacon comes from and the time it was viewed. Web beacons can also be linked to personal information. For example, advertising networks use Web bugs to add information to a personal profile of what sites a person is visiting and to determine what banner ads to display based on the profile. Another use of Web bugs is to provide an independent accounting of how many people have visited a particular Web site. Web bugs are also used to gather statistics about Web browser usage at different places on the Internet.

We also give you the option to give us your email address and other personal information so we can send you relevant real estate news and information on behalf of iProp Services, our affiliates or third parties.

How We Use The Information We Collect

We use the information we collect to help you:

You can control whether you receive such emails by following the instructions at the end of each email we send. You may also opt-out by sending an email to privacy@braincannon.com. We may also use the information you provide to allow us to contact you for administrative purposes; for example, to tell you about changes to our privacy policy.

We may also use certain information that you provide in order to present you with advertising that you may find interesting. This benefits both of us. It benefits us because advertising helps pay the bills, and we can charge our advertisers more if they know that their ads will be seen by somebody more likely to find them useful. It benefits you because you see advertising that may actually be interesting to you, rather than annoying and potentially reduces the cost of your subscription.

Syndication and Links to Third Party Sites

iProp Services, or others who use our service, may transfer listing information and/or provide links to third party web sites, which may have different privacy practices. We make no representations or warranties about the policies and practices of sites that are linked to by iProp Services or its users. We urge you to consult the policies available on those sites to further understand your rights.

Disclosure Of Information

iProp Services does not rent or sell personal information about you with other people or non-affiliated companies, except when we have your consent to do so, as necessary to complete a transaction you have requested, for marketing purposes (unless you have chosen not to receive such communications, in certain business transactions), when required by law, or when permitted to protect our rights or property. We reserve the right to use in any manner and disclose any non-personal information that we collect including cookie and traffic data. We do not combine personal information with any of the non-personal information gathered on our site.

We may release personal information when we believe release is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply our policies; to initiate, render, bill, and collect for amounts owed to us; to protect our rights or property, or to protect our user from fraudulent, abusive, or unlawful use of, our site or services; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

We may use third party service providers to assist us with the administration of the site or otherwise perform services on our behalf, including transaction processing and sending email. Such third parties may be supplied with or have access to your personal information solely to provide services to us or on our behalf.

We may use third parties, called third-party ad servers or ad networks, to deliver ads to you on our behalf. These third-party ad servers may collect and use non-personally identifiable information about your visits to our site in order to present advertisements that may be of interest to you. If you would like more information about this practice or to opt out of having this information used by third-party ad servers to provide targeted ads, please visit http://www.networkadvertising.org/optout_nonppii.asp.

Information about our users and the site is a business asset of iProp Services a division of Braincannon, LLC. Therefore, information about our users, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the site, our services or fulfill products, sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company.

Security

We use commercially reasonable security measures to protect the loss, misuse, and alteration of the information under our control. However, we cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. You should be aware that we have no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.

Policy Changes

We reserve the right to change this policy should we deem it advisable to do so. If we make significant changes that affect the use or disclosure of your personal information, we will make reasonable efforts to notify you of the changes and to give you the opportunity to cancel your subscription.

Fair Housing

All real estate advertised herein is subject to the federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination."

We will not knowingly accept or permit any advertisement for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.

Laws That Protect You

Responsibilities

Notice and Procedure For Making Claims Of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Company system or Site should be sent ONLY to our Designated Agent.

Note: The following information is provided exclusively for notifying iProp Services, a division of Braincannon, LLC. that your copyrighted material may have been infringed. Do not send any inquiries unrelated to copyright infringement (e.g., requests for technical assistance or customer service, reports of email abuse, etc.) to the contact listed below. You will not receive a response if sent to that contact.

Written notification must be submitted to the following Designated Agent:

Service Provider

iProp Services

Designated Agent

Legal Department

Mailing Address for Designated Agent

47 West Polk Street
Suite 100-501
Chicago, Illinois 60605

Telephone Number for Designated Agent

312.226.7200

Facsimile Number for Designated Agent

312.226.7201

Email Address for Designated Agent

legal@braincannon.com



Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

  1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work (or works) that you claim has been infringed;
  3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
  4. A clear description of where the infringing material is located on our web site, including as applicable its URL, so that we can locate the material;
  5. Your address, telephone number, and e-mail address;
  6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
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