Once
you have found your home, a $35.00 non-refundable fee is required on each
household.
Vista has recently developed a new Rental Application Policy
allowing 1 Rental Application Fee per household.
Believe it or not, the application fee is not just a "random"
fee as many would think. Your application fee helps with the
administrative costs of processing your application, costs of
credit reports, and more. It is very hard to work for free, and
we trust you will agree with this. It costs money to process
applications.
We strive to keep our costs
as low as possible. Many other companies charge much more,
sometimes twice as much as Vista. We do NOT want a bunch of
applications.
Vista strives to qualify
every application submitted.
If no homes are available for you and your household now, you can still submit an
application NOW to get "pre-approved."
Once approved, you will be first in line on the next available home that
fits your guidelines.
(Many homes never make the available list due to this procedure)
If you are "pre-approved" and you find another home BEFORE a
Vista Home becomes available, your application fee will be
refunded. We want you to always consider Vista for your next
home.
>>>
Get Your Rental Application Right Here, Right NOW!
1.) Vista Online Rental Application
is Ready For You Now!
Simply Select
Your Rental Application Below.
Pay Pal makes
it simple and easy to pay your household
application fee now
Upon
processing your payment, you will get
BOTH Your Online Application allowing
you to fill-in-the-blanks or you can
download your rental application and
drop it by our office.
Select Your
Rental Application
2.) Get Your Application by Stopping by our office
during business hours,
3.) After hours
you may pick one up with list of available homes located in the brochure
holder on our office front door.
Can
I put a "DEPOSIT to HOLD" on a Home when I submit my Application?
DEPOSIT TO HOLD WITH YOUR APPLICATION
Providing
there is not an approved application pending,
You may put a deposit to hold on a home when you submit your
application.
You must submit a dollar amount equivalent to
the Security Deposit or more for your "Deposit To Hold."
This is a very powerful
and strong benefit for you.
Your
Deposit to Hold shows you are dead serious
about renting this home and you are not
going to the shopping mall in search of
dozens of homes. Once approved, your Deposit to Hold money will be
used for funds needed to complete the rental agreement process.
When You put a "Deposit
To Hold" on a selected home, this home will
be immediately removed from the list of
available homes, thus putting you in the
driver's seat.
Once approved,
you will have 24hrs to co-ordinate
an appointment with our office to produce
all of the monies needed and complete your
new tenant paperwork package. This does NOT
mean you have to 'move in' within 24hrs.
This simply means you start paying rent. You
may still move in on your schedule. This is
very helpful for folks who are moving to
Louisville, Kentucky from another town.
Should You Decide Not to Rent AFTER
YOU ARE APPROVED, YOU will forfeit the DEPOSIT TO HOLD money. Vista will
have to begin the entire process to advertise and market this home for
rent again.
If you are not approved, your DEPOSIT to Hold money
will be returned to you within 30 days to the address you entered on
your form. If you wish to get your funds immediately, there will be an
$85 charge deducted from your funds for processing your application
along with starting the marketing and advertising process again.
We are happy and pleased you are considering a Vista
Home. We are very proud of our homes
and believe you will be too. Our requirement standards for qualifying to
rent a home are simple and fair.
They Are:
Your gross monthly income
must at least 3 times the
monthly rent.
A favorable credit history.
Be employed or furnish acceptable proof of required income.
Good references from
landlords along with being clean &
responsible.
Occupant limits of 2 persons per bedroom.
Bad Credit will NOT prevent You from
Qualifying for a
Vista Home.
Compensating factors to qualify can be:
- additional deposit
- pre-paid rent
- co-signers
for the purpose of helping applicants qualify who do not meet the
initial qualifying standards.
Purchasing An "Option To Buy"
is a
frequently used compensating factor.
We look forward to working
with you. Vista is committed to provide equal professional service
without regard to race, color, religion, sex, handicap, familial status,
or national origin of any prospective client or customer.
If you have questions, please
call 502.896.2595
Showing the Home, How to See A Vista Home
How Do I Make An
Appointment To See A Vista Home?
You Can See a Vista
Home ANYTIME YOU want!
Here's How:
1.) Visit Our Office 2.)
SIGN Out a KEY!
That's It, take your time, check
out your potential future home, and with confidence, you can return the
key, fill out an application and capture the home you want.
Question: When Can I See the
Home?
A.nswer: Anytime You Want!
Question: How Can I
See It?
Answer: This EASY to SEE a Home Program has been designed for
YOU! Have You ever checked out other homes and houses for rent while a
leasing agent or landlord is standing there or following you thru the
home. Isn't this just absolutely nerve wracking on your part?
You're trying to evaluate this house because it will
become YOUR HOME! Don't you want to take your time, walk thru the house,
think about placing your furniture, rooms for your family members,
laundry, yard size, neighborhood and whatever else is a concern for YOU.
You should be concerned about making the right decision
for this house to become your home. Vista wants you to make the right
decision.
Here's the Story
How Your BIG Benefit Was Created
How To Make an Appointment to see a home
before submitting your application
Have you
ever gone to see a home and found a landlord standing there watching
you? Following you room to room, trying to listen to your comments, and
"eyeing you up" evaluating you as a possible tenant? Isn't it horrible?
Makes you feel like you have to walk thru the house quick and get out of
there, doesn't it?
Even worse, have
you ever been told "meet me there at 5pm" only to find out you and 3
other folks who want the same house are there at 5pm also? Ugly, now you
really have to go fast to beat out the others and you really might not
like the house but simply got caught up in the excitement to BEAT the
other folks.
Vista has a special program JUST FOR YOU!
Because you've been there and done that,
Vista's "Key Sign Out" Program has benefits JUST
FOR YOU!
- Allows YOU to take Your time
- Check out your future home at your leisure
- Imagine where you'll put your furniture, sofa, kitchen table & chairs,
- Check out the yard, the neighborhood.
- This might be YOUR HOME.
- We want YOU to make the right decision.
- It's not much fun feeling pressure with somebody breathing down your
back or following you around room to room asking if you like it, being
put "under the gun" to make a fast and quick decision.
If You want these Benefits
and more for You to check out your Home, Vista
has 1 Simple Easy Step for You, .... simply sign out a key!
Now You got it straight
from the Horse's mouth to have a better
understanding of this true benefit for you.
Give Us A Call Now
We'll Have your key ready for you to sign
out.
Call 502.896.2595
Application Process,
How Long Does It
Take to Process My Application?
Vista strives to
process your
application in 2 hours!
On rare occasions it may
take up to day. For example, if you submit
your rental application at 3:30pm on a
Friday afternoon, please understand your
application will not be processed until
Monday morning.
more information
about processing applications:
HOMES labeled as "READY NOW"
- take priority over "expected available" soon.
- We try to complete your application within 2 hours on business days.
- Sometimes processing takes longer due to items beyond our control.
- Such things as verifying your rental history sometimes requires
written or faxed requests and former Landlords do not always make You
their top priority; however, we are successful at processing your
application within 24hrs in most cases.
IMPORTANT: Once approved, You have 24hrs
to properly complete your rental agreement or Vista may move
to the next application for this property. We apologize for this 24 hour
rule; but, this prevents more problems than it causes.
For example,
imagine you want the home on 123 Main Street
and you learned an approved applicant is in front of you. You know they have 24 hours from the time they are approved before they
disqualify their own application for not showing up, and now you can
rent the home you wanted.
How long would you want to wait?
Each day
delayed is also another day of lost rent. Although this policy seems
strict, it really does prevent problems instead of causing problems.
HOMES "EXPECTED AVAILABLE
SOON"
- these applications are processed in a timely manner, usually
within 3 days.
- Sometimes processing takes longer due to items beyond our control.
- Such things as verifying your rental history sometimes requires
written or faxed requests and former Landlords do not always make You
their top priority; however, we are successful at processing your
application within 3 business days in most cases.
Animals
May Be Allowed!
Safe and legal animals that do not damage or reduce
value of property may be allowed with an animal deposit.
As noted recently in the national news, a jury convicted a couple of
manslaughter from the actions of their animals they referred to as
"pets".
Locally, a child was killed by animals contained in a 6 foot tall
fenced yard. There is a major community push to protect people, especially
children, from potentially dangerous animals.
Insurance Companies are taking
very aggressive action because of these
concerns involving dangerous animal. Many
insurance companies are canceling policies WITHOUT NOTICE upon discovery of certain animals.
Some insurance companies use a list of
dangerous animals compiled by the National Center for Disease Control in
Atlanta, Georgia. If your animal is on the list, it could pose problems
in the near future.
Our animal policy is subject to change without notice as a result
of changes from our insurance carriers.
Animals not in violation of any local ordinance or insurance
regulation are usually accepted providing an "animal deposit" has been
paid and the monthly rent includes an additional $25.00 for each animal.
Vista values animals and pets.
Animals must be:
- safe
- allowed by all local laws, regulations, etc.
- not pose a threat, hazard, or nuisance to others or property
- allowed by insurance company
If your animal complies with these guidelines, your pet will be
accepted.
The only exception would a property owner
who specifically states in their management
contract "no animals are allowed." (FYI, at this time, we have no owners that forbid animals)
Vista values animals, pets, people and property!
"Approved App Pending"
What
does Approved App Pending mean? A Home is labeled "approved application pending".
Vista will label a home "approved application pending" upon
completing the application process of a qualified applicant for this
home.
This status does not state that the home is rented, it simply means a
qualified application has been received and they have not completed
their rental agreement to begin renting the home.
Occasionally a person submits applications for homes all over
Louisville at the same time (not all Vista Homes) and unfortunately
sometimes they do not answer the phone or return messages. Although we
can not explain their actions, we will not remove a property from our
available homes list until the home is actually rented.
How long can we hold a home for a qualified applicant?
What about the people like yourself who want to rent this home --- you
are asking -- how long is Vista going to allow an application to tie up
this home?
THEREFORE, Once approved, an applicant has 24 hours to complete the
rental agreement producing all funds needed.
Unfortunately, some folks promise the moon and never deliver. Their
actions resulted in the creation of the 24 hour rule. Due to the actions
of some, we were required to develop a policy that is fair to all
applicants.
Now, imagine having your application "behind" these folks. You are
hoping that they fall apart so you can rent it.
How long would you want to wait? Hopefully, this will help you understand this policy.
If the Home you like is labeled
"approved app pending", PLEASE, fill out an application.
If the applicant ahead of you falls apart, the next application will be
processed - make sure it is YOURs!
If your application
is "behind" or a back-up to the approved app pending, and the status of
the home changes to "rented," you will be notified of this action and
will be given the opportunity of returning your application fee or hold
for another home.
If YOU WAIT to see
what happens to this home, YOU might lose.
Somebody else can submit a back up application in front of you.
Vista offers this
program to help customers become homeowners. We are proud of our
Option to Buy Program because it is unique compared to most Option plans
offered by others in our business.
Here is a brief
summary of Vista's Option to Buy Program.
Option to Buy:
- similar to
putting "dibbs" on your home
- LOCKS in
your purchase price for 12 months!
- monthly
rent is discounted cheaper than regular rent
- allows you
opportunity to
1.) obtain financing
2.) exercise your Option
3.) and purchase your Home
Most other
programs charge an additional monthly fee for participation in an Option
plan.
Vista actually
discounts your monthly rent with your participation in our Option to
Buy Program.
If someone
approaches Vista and wants to buy the house you are renting with an
Option to Buy, -- no deal -- You have an exclusive Option to Buy on your
home and nobody can buy it during your Option period.
Established Vista
customers may be offered Owner Financing, including no money down, after
developing an excellent relationship with Vista Properties, Inc.
Option Fees are
determined by the Sale Price of the Home and generally start at $1,500
What's The Catch?
( the
fine print and ugly part )
Vista's Rent with Option to Buy Program
details:
-You
Are Purchasing An "Option"
to Buy Your Home.
This is NOT
"down payment"... not yet, but it could
be...
It becomes part of
your down payment when you "exercise" your
Option.
"Exercise" your Option simply means when you
"buy your home."
Until you "Buy Your Home," You have simply
purchased an "Option."
-
BENEFITS For You To
Purchase an OPTION TO BUY
Allows You to LOCK
YOUR PURCHASE PRICE for the time period
specified.
Gives You The
Opportunity to Get Your Own Loan to buy your
home.
Start building your
excellent relationship with Vista to qualify
for Seller Financing.
If you have "dings"
on your credit report, Vista will help you
enroll in our Free Credit Repair program to
help you qualify for a great low rate fixed
interest rate on your home loan as soon as
possible, especially since rates are at an
all time record historic low.
On this program you
will see yourself feeling great about your
home and you becoming a homeowner. There is
a huge powerful feeling of being a
"homeowner" vs. "just renting."
You will immediately
begin to discover all of the benefits
available for "Home Owners". Such things as
additional tax benefits where Uncle Sam
allows you to deduct the mortgage interest
paid directly from your earned income. For
example, let's say you make $50,000
annually. If your house payment is $600
monthly and $500 goes toward interest, (
$500 X 12 Monthly Payments = $6,000 ), then
Uncle Sam immediately adjusts your taxable
earned income from $50,000 down to $44,000
resulting in a huge drop in the amount of
income tax you pay every year.
Your Option Fee provides you the benefits listed above.
At the time you
exercise your Option to Buy and actually purchase your home, your fee
will be credited to the purchase price.
Vista's program
has discounted monthly rent for customers who purchase an Option to Buy;
therefore, no part of the monthly rent is credited toward the purchase
price of the home.
What happens if I do not exercise my Option to
Buy?
Sometimes this happens.
You have several
choices:
a.) You will
NOT forfeit your entire Option Fee (
a portion equivalent to a security deposit
is set aside for you )
b.) maintain excellent relationship with VISTA & pursue Owner
Financing
The Section 8 program is a federal subsidized housing
program. As we understand it, local agencies can be approved to operate
a federally approved Section 8 program. There could be several agencies
locally that participate in this program.
Vista participates with the Metro Housing Section 8 program.
This is the Section 8 office located at 801 Vine St. in Louisville,
Kentucky. If you have attended your
briefing, received your white packet, you
may begin your search for a home located in
JEFFERSON COUNTY. Homes located outside of
Jefferson County, Kentucky can not use this
local agency.
The Section 8 program
uses a "Voucher System" based
on NUMBER OF BEDROOMS.
- Your Housing Choice Voucher is based upon number of
bedrooms, NOT the Dollar Amount.
- The dollar amount listed on your voucher is for
a Home where the rent includes ALL
UTILITIES.
- Almost all single family homes for rent do
NOT include utilities with the rent.
When You Contact Our
Office
YOU will be asked the
following about Your Section 8:
Are
You on the Metro Housing Section 8 program?
Have you attended your briefing?
Do you have your white packet?
How many bedrooms
on your Housing Choice
Voucher?
Please Do NOT Shop by the
Dollar Amount of Your Voucher.
Please Use The Number Of
Bedrooms.
Providing the local Section 8 office agrees to the rent amount, many homes
are available on this Section 8 program. Unfortunately, there are many
homes with rent exceeding the maximum rent allowed by the Section 8
program; therefore, preventing participating families from pursuing
these homes.
"TENANT FINDER HOME"
What
is a "Tenant Finder Home"?
YOU need a Home --
Vista wants to help
QUALIFIED Owners and Landlords may list their available
homes on our website. If your
application is approved, you will be renting
from the Tenant Finder Home owner.
Owner Financing
Can
Vista finance my home purchase?
Vista is not in the business of making loans for home
purchases.
Vista is in the business of keeping good customers for a long time.
On occasion, we have assisted many established Vista
customers with the purchase of their home, especially those
customers with Option to Buy. Sometimes the Buyer may be short on some
down payment cash needed to secure a better interest rate on a home
loan, and in these type cases, Vista has financed part of their down
payment money.
In a few situations where an established customer has trouble
getting a decent interest rate on a home loan due to some glitches on
their credit report; but, they have maintained an excellent payment
history over 24 months or more with Vista, we have financed the
purchase of their home using "Contract for Deed" and Owner
Financing purchase plan.
If you feel like you can not buy a home right now, Vista might be
your answer. Call today.
Get
$8,000 or more
FREE
When You Buy A Vista Home
The recent Stimulus
Package has some super benefits for 1st time
home buyers.
What is a 1st
time homebuyer?
this new law defines a
"1st time home buyer" as anyone who has not
owned a home within the last 3 years.
How Do I Get
$8,000 or More When I Buy A Vista Home?
When you buy a Vista
home, you will get "handholding" for the
entire process. Vista has a dedicated staff
person who is up to date on this entire
process. You can begin your
There are several
ways for you to take advantage of this huge
benefit.
1.) Buy a Vista Home by
getting your own home loan or just pay cash.
2.) As an established
Vista resident, you may immediately qualify.
3.) You may purchase an
"Option To Buy" to begin the process.
The stimulus
package allows each qualified 1st home buyer
to apply for a tax credit of 10% of the home
purchase price up to a maximum of $8,000.
For Example:
If you buy a home for
$60,000 you would be eligible to apply
for $6,000 tax credit.
If you buy a home for
$50,000 you would be eligible for $5,000
tax credit.
If you buy a home for
$90,000 you would be eligible for $8,000
This is because the
limit on this program is 10% of purchase
price up to 80k
More
Interesting News:
If a couple is
married, and one does not qualify as a
1st time home buyer, then neither can
qualify as a 1st home buyer.
If a couple is not
married, and one does not qualify as a
1st time home buyer, then only one can
use the 1st time home buyer tax credit.
Therefore, if an
unmarried couple buys a home and
both are 1st time home buyers, then each
person may qualify for the 1st time home
buyer tax credit with a maximum of $8,000
each.
Let's expand
on this one:
Suppose an
unmarried couple and both qualify as 1st
time homebuyers, purchase a home
for $120,000, then both may be eligible. To
keep it simple, just split the purchase
price in half... resulting in each may be
eligible for $6,000. This would result in
$12,000 in tax credit (free money)
for this couple.
If the same
couple buys a home for $160,000
they may be eligible for up to $8,000 each
for a total of $16,000.
This $8,000
Free Money Program Has A Deadline!
When this Tax
Credit was first enacted, it had an
expiration date of November 30, 2009.
Just recently, a
new law extended this deadline to April of
2010.
Make sure you
take advantage of this BIG perhaps once in a
lifetime opportunity to get Uncle Sam to pay
10% on the purchase of your home.
Call
Vista's in house expert "Beth" at
502.896.2595 to get all of YOUR details.
What
should I consider before looking for a Vista Home?
Even before starting to look at homes, find out what
price home you can afford.
In general, you can afford to rent three times your net monthly
income.
More precisely, the price you can afford to pay for a home will depend
on five factors:
income
cash available
outstanding debts
credit history
current interest rates
These items listed here are geared
specifically for the purchase and are consideration factors with renting
a home.
The qualifying standards to rent are much easier than trying to
qualify for a home loan to purchase.
The rule of thumb in
renting a home is that the monthly rent should not be more than 30%
of your net monthly income.
You can always pay rent in advance to avoid the income qualifier.
Co-Signers may be used to qualify for income.
Many folks purchase an Option to Buy to help qualify.
Financing Programs
Several financing packages are available for
HomeBuyers.
Owner Financing or Seller Financing is available
on many Vista Homes. Most folks begin with purchasing an "Option To
Buy" and begin establishing their relationship with Vista.
Simply by being responsible, making your
payments on time, maintaining your home and lawn along with not
causing problems, Vista may assist with financing your home
purchase.
Vista is not in business of making loans; but,
Vista does want to help you become a Home Owner quickly.
Do you have Credit Problems or need Credit
Repair?
Vista Offers several qualified Credit Repair
Programs to help you get your own home loan while interest rates are
at an all time record low rates.
Are
there first time buyer discounts?
Numerous programs exist to help first time buyers
purchase a home.
A host of private lenders offer low-down payment loans.
The U.S. Department of Housing and Urban Development offers a variety
of programs includes the 1st Time HomeBuyer's Tax Credit is a HUGE
Success and is available now thru April 2010.
Call 502.896.2595 to get the most up to
date details.
My Question Is Not Listed Here
Credit Repair Service
for FREE!
Welcome To Original
Credit Coach
Use This Vista
Approved Credit Repair
Program Vista Will PAY You
For Your Credit Repair!
when you get your own
home loan for your Vista Home!
The most
comprehensive system of credit repair
available on the planet!
You have
several options with Original Credit Coach.
1.) "Do It
Yourself" ( includes a
comprehensive Do It Yourself Kit )
2.) Allow Us To
Do All The Work for Your Credit Repair.
Our system has a
proven track record of success. Let us help
you get on the road to repair your credit
today!
About
Terms Of Use
Vista Properties, Inc. Website Terms of
Use
BY USING THIS WEB SITE, YOU INDICATE
YOUR AGREEMENT WITH THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE WITH
THESE TERMS AND CONDITIONS, DO NOT USE
THIS WEB SITE.
1. ACCEPTANCE OF TERMS
Vista Properties, Inc. and Vista
Realtors, ("Company") provides this
website, e-mail newsletter(s), and other
Web services to you, subject to the
following Terms of Service ("Terms of
Service"), which may be updated by us
from time to time without notice to you.
You can review the most current version
of the Terms of Service at
www.VistaKy.com and clicking on Terms of
Use. In addition, when using particular
Company services, you will be subject to
any posted guidelines or rules
applicable to such services which may be
posted from time to time. All such
guidelines or rules are hereby
incorporated by reference into the Terms
of Service. You are responsible for
regularly reviewing these terms and
conditions.
2. DESCRIPTION OF SERVICE
Company currently provides users with
access to a collection of on-line
resources through its network of web and
e-mail properties (the "Services").
Unless otherwise specified, the Services
are for your personal and non-commercial
use. Unless explicitly stated otherwise,
any new features that augment or enhance
the current Services, including the
release of new Company properties, will
be subject to the Terms of Service. You
understand and agree that the Service is
provided "AS-IS" and that Company
assumes no responsibility for the
timeliness, deletion, mis-delivery or
failure to store any user communications
or personalization settings.
In order to use the Services, you must
obtain access to the World Wide Web
and/or e-mail, either directly or
through devices that access web-based
and e-mail content, and pay any service
fees associated with such access. In
addition, you must provide all equipment
necessary to make such connection to the
World Wide Web, including a computer and
modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the
Services, if you submit registration
information to us you agree to: (a)
provide true, accurate, current and
complete information about yourself as
prompted by the Services' registration
form (such information being the
"Registration Data") and (b) maintain
and promptly update the Registration
Data to keep it true, accurate, current
and complete. If you provide any
information that is untrue, inaccurate,
not current or incomplete, or Company
has reasonable grounds to suspect that
such information is untrue, inaccurate,
not current or incomplete, Company has
the right to suspend or terminate your
account and refuse any and all current
or future use of the Services (or any
portion thereof).
4. COMPANY PRIVACY POLICY
Registration Data and certain other
information about you is subject to our
Privacy Policy. For more information,
please see our Privacy Policy.
5. INDEMNITY
You agree to indemnify and hold Company,
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
Content you submit, post to or transmit
through the Services, your use of the
Services, your connection to the
Services, your violation of the Terms of
Service, or your violation of any rights
of another.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any
commercial purposes, any portion of the
Services, use of the Services, or access
to the Services.
7. MODIFICATIONS TO SERVICES
Company reserves the right at any time
and from time to time to modify or
discontinue, temporarily or permanently,
the Services (or any part thereof) with
or without notice. You agree that
Company will not be liable to you or to
any third party for any modification,
suspension or discontinuance of the
Services.
8. TERMINATION
You agree that Company, in its sole
discretion, may terminate your
subscription, account (or any part
thereof) or use of the Services, and
remove and discard any Content within
the Services, for any reason, including,
without limitation, for lack of use or
if Company believes that you have
violated or acted inconsistently with
the letter or spirit of the Terms of
Service. Company may also in its sole
discretion and at any time discontinue
providing the Services, or any part
thereof, with or without notice. You
agree that any termination of your
access to the Services under any
provision of this Terms of Service may
be effected without prior notice, and
acknowledge and agree that Company may
immediately deactivate or delete your
account and all related information and
files in your account and/or bar any
further access to such files or the
Services. Further, you agree that
Company will not be liable to you or any
third-party for any termination of your
access to the Services.
9. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings
with, or participation in promotions of,
advertisers and third party vendor
products and services found on or
through the Services, 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 advertisers and/or third party
vendor. You agree that Company will 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 and/or third party vendor
products and services found on the
Services.
10. LINKS, SEARCH RESULTS AND RANKED
SITES
The Services may provide, or third
parties may provide, links to other
World Wide Web sites or resources
("Linked Sites"). The Linked Sites are
not under the control of Company and
Company is not responsible for the
contents of any Linked Site, including
without limitation any link contained in
a Linked Site, or any changes or updates
to a Linked Site. Company is not
responsible for webcasting or any other
form of transmission received from any
Linked Site. Company is providing these
links to you only as a convenience, and
the inclusion of any link does not imply
endorsement by Company of the site or
any association with its operators.
Because Company has no control over such
sites and resources, you acknowledge and
agree that Company 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. You further
acknowledge and agree that Company will
not be responsible or liable, directly
or indirectly, for any damage or loss
caused or alleged to be caused by or in
connection with use of or reliance on
any such Content, goods or services
available on or through any such site or
resource.
11. COMPANY'S PROPRIETARY RIGHTS
You acknowledge and agree that the
Services contain proprietary and
confidential information that is
protected by applicable intellectual
property and other laws. You further
acknowledge and agree that Content
contained in sponsor advertisements or
information presented to you through the
Services or advertisers is protected by
copyrights, trademarks, service marks,
patents or other proprietary rights and
laws. Except as expressly authorized by
Company or advertisers, you agree not to
modify, rent, lease, loan, sell,
distribute or create derivative works
based on the Services or its Content, in
whole or in part.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICES IS AT YOUR
SOLE RISK. THE SERVICES ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS.
COMPANY 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. COMPANY MAKES NO WARRANTY THAT (i)
THE SERVICES WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES
WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, OTHER SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICES
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 SERVICES
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.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
COMPANY 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
COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICES; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR OTHER SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICES; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICES; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICES. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE
COMPANY WEB SITES, SERVICES, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE COMPANY WEB SITES AND SERVICES.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 12 AND 13 MAY
NOT APPLY TO YOU.
15. SOFTWARE AVAILABLE ON THE WEB SITES
Software (if any) that is made available
to download from the Company Services,
excluding software that may be made
available by end-users through a
Communication Service, ("Software") is
the copyrighted work of Company, Inc.
and/or third party vendors. Your use of
the Software is governed by the terms of
the end user license agreement, if any,
which accompanies or is included with
the Software ("License Agreement"). You
may not install or use any Software that
is accompanied by or includes a License
Agreement unless you first agree to the
License Agreement terms. All Software
owned by Company and/or its suppliers
and is protected by copyright laws and
international treaty provisions. Any
reproduction or redistribution of the
Software is expressly prohibited by law,
and may result in severe civil and
criminal penalties. Violators will be
prosecuted to the maximum extent
possible. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF
THE SOFTWARE TO ANY OTHER SERVER OR
LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. You acknowledge that
the Software, and any accompanying
documentation and/or technical
information, is subject to applicable
export control laws and regulations of
the USA. You agree not to export or
re-export the Software, directly or
indirectly, to any countries that are
subject to USA export restrictions.
16. NOTICE
Notices to you may be made via either
email or regular mail. The Services may
also provide notices of changes to the
Terms of Service or other matters by
displaying notices or links to notices
to you generally on the Services.