Rules
TERMS OF USE – Effective September 30, 2011.
By accessing, browsing or using marketmaking.com (“Website”), or any page thereof, through direct or indirect means, or alternative methods in any manner, you accept and agree to be bound by these Terms of Use (“Agreement”).
Rushabh Investments LLC, the owner of the Website (“Owner”) reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
If at any time you choose not to accept these Terms of Use, please do not use this Website.
Jurisdictional Statement
This Website is controlled, operated and intended for use only in the United States of America. We do not represent that materials on this Website are appropriate or made available for use outside of the United States of America.
Links to Other Sites
This Website may contain links to other sites. If so, and if you choose to use the services provided by those third-party websites, you may be asked by those sites to provide certain personally identifiable information. Owner is not responsible for the privacy practices of those sites or the contents of any linked site. Please read the privacy policies of any website that you visit. This Agreement applies solely to this Website.
Intellectual Property
All material available on this Website is the property of Owner and is protected by international copyright and trademark laws. All rights are reserved to Owner. You may not modify, copy, reproduce, republish, upload, transmit, broadcast, sell or distribute in any way any material from this site without express written permission from Owner. You are permitted to use material from this Website for your own personal, private, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
MARKETMAKING is a trademark of Owner. Other featured words or symbols, used to identify the source of goods and services of others, may be the trademarks of their respective owners.
Copyright Claims
This information is provided to help owners of intellectual property report potentially infringing items on Marketmaking.com. Owner will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the service provider’s designated agent. Written notification must be submitted to the following designated agent:
Davis McGrath LLC
125 S. Wacker Dr.
Suite 1700
Chicago, IL 60606
Tel. (312) 332-3033
Fax (312) 332-6376
Restrictions on Use
You agree that you will not, and will not assist or enable others to use the Website to:
1. Threaten, stalk, defraud, incite, harass, or advocate the harassment of another person or entity, or otherwise interfere with use of the Website;
2. Violate of the Terms of Use or any applicable law;
3. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, link to, or in any way exploit the Website or Website’s content except as expressly authorized by Owner;
4. Submit content, or promote information, that is fraudulent, false, misleading or promotes illegal activities or engage in conduct that is abusive, threatening, obscene, defamatory or libelous;
5. Decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code for Marketmaking.com;
6. Violate the Fair Housing Act by stating, in any notice or ad, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
7. Post material that constitutes or contains affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement;
8. Collect personal data about other users for commercial or unlawful purposes.
Information Sharing
You agree that Owner will use any user submitted information for internal purposes and with your permission or upon your request may also provide that information to affiliated companies or persons. Owner takes care to see that user information is not transmitted to unauthorized persons or the general public but is not liable for such information transmission due to theft, hacking or software errors.
User Generated Content
By submitting ads, content, photos, data or other materials (“Materials”) to the Website, you hereby grant to Owner a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully licensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology. You further grant to Owner a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.
To the extent that you post, upload, input, submit or otherwise transmit Materials to the Website, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Materials you provide or otherwise make available. You also warrant and represent that you own or otherwise control all of the rights to such Materials including, without limitation, all the rights necessary for you to transmit such Materials.
Real Estate Licensees
Users who are licensed as an agent, broker, or other licensed real estate professional must ensure that their item description conforms to all laws and regulations applicable to online advertising of properties by such licensees. These requirements may include, among other things, disclosure of the licensee’s name, any firm with which the licensee is affiliated, office location, and the jurisdiction(s) where the licensee is licensed. A user may not list real estate for a third-party unless the user is a licensed real estate professional.
Professional Assistance
The sale of real estate is governed by laws, practices and customs that vary from area to area. Users are advised many jurisdictions require you to provide a disclosure statement to all prospective buyers regarding the condition of your property. In addition, under U.S. federal law, sellers have an obligation to disclose information on lead-based paint hazards. Users are strongly advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and sale of any real estate.
Users may wish to visit the Association of Real Estate License Law Officials, which offers a search tool providing access to a database of information about the current license or registration status of real estate licensees.
Relationship Disclosure
Unless Owner has entered into a separate listing agreement with User, Owner expressly states:
1. the role of Owner in the sale of properties is limited to hosting advertisements provided by Users and providing a venue for communications about a property;
2. Owner is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties;
3. Owner does not counsel sellers or buyers, show properties, negotiate sales contracts, or hold a position of trust and confidence;
4. no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Owner and any user of this Website;
5. prospective buyers are advised to perform all due diligence before entering into a contract to purchase property, and, as emphasized above, all parties are encouraged to seek the help of a licensed real estate professional and real estate attorney.
Termination
Owner may terminate or suspend your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind.
Disclaimers and Liability
THE WEBSITE AND ALL WEBSITE CONTENT IS MADE AVAILABLE TO YOU ON AN AS IS BASIS. OWNER MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH AND/OR SOLD ON THE WEBSITE, AND. OWNERFURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED WITH RESPECT THERETO, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO CASE SHALL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR OF ANY OF THE SERVICES OR PRODUCTS SOLD THEREON, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OWNER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity
You agree to indemnify Owner and its agents and representatives from and against any and all liabilities, expenses (including attorney fees) and damages from any claim or demand made by any third-party due to or arising out of (i) your access or use of the Website or of the products and services sold thereon, (ii) your violation of the Terms of Use, or (iii) the infringement by you, or any third-party using your account, of any intellectual property or other right of any person or entity.
Use of Website
You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are able and competent to enter into the terms and conditions set forth in this Agreement.
You must be at least thirteen (13) years of age to use this Website. If you are under 13 years of age, then please do not use this website.
