Terms of Service

All information and content available on any of the Sites (collectively, "Materials”) are protected by copyright and other intellectual property laws. The Materials are owned by Collanity.com and its affiliates, and/or their respective licensors and suppliers (collectively, "Licensors”). The Materials are intended for personal and noncommercial use only. You may not copy, reproduce, sell, license, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Materials in any other way or for any other purpose without the prior written consent of Collanity.com

All software contained in this Site ("Software”), is owned by Collanity.com, its affiliates and/or Licensors and is protected by copyright and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

Given the nature of the sites and the volume of messages and postings, except as otherwise provided in these Terms of Service or other applicable terms, Collanity.com cannot and does not monitor all of the Content posted or transmitted by You and other third-party information providers. Collanity.com reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Content without notice, at any time for any reason. By using this site, You expressly agree that Collanity.com

1. will not be liable for any claims, actions or judgments arising out of or related to any Content and
2. may monitor, refuse to publish, remove, delete, move or edit any Content without notice at any time for any reason, without liability and without providing a refund. You further expressly agree that you are solely responsible for any and all Content You submit to this site.

Collanity.com does not accept unsolicited content or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the forums, chat rooms and bulletin boards on this site. Collanity.com and its affiliates shall not be responsible for the similarity of any of its content or programming in any media to content or ideas transmitted to this site.

You hereby represent and warrant that

1. You have all necessary authority, rights and permissions to submit the Content to this Site,
2. the Content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity,
3. the Content and Your use of this Site does not and will not violate any applicable federal, state, or local law or regulation including, but not limited to, any fair housing laws or regulations or applicable real estate licensure or brokerage regulations, or cause injury to any person, and
4. the Content is truthful and accurate. You agree to release, defend, indemnify and hold Collanity.com, its affiliates, Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from
   1. any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Content You provide,
   2. Your use of this Site or any reliance on the Materials,
   3. Your breach of these Terms of Service or
   4. any actual, prospective or terminated sale, lease or other transaction between You and a third party.

You shall not:

• Submit Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
• Engage in activity or submit Content that could be harmful to minors;
• Engage in activity or submit Content that harasses or advocates harassment of another person;
• Engage in activity that involves the transmission of "junk mail” or unsolicited mass mailing or "spam” to others;
• Engage in activity, submit Content, or promote information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Submit Content that contains restricted or password-only access pages, or hidden pages or images;
• Submit Content that displays pornographic or sexually explicit material of any kind;
• Submit Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• Engage in activities or submit Content that solicit passwords or personally identifiable information for unlawful purposes from others;
• Engage in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes;
• Use this Site’s lead forms and/or toll-free numbers to advertise or promote products and services to Collanity.com advertisers or to solicit Collanity.com advertisers in any manner;
• Use any robot, spider or other automatic device, or a manual process, to access, monitor or copy web pages or the Materials contained in this Site or for any other unauthorized purpose;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of this Site;
• Decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code for the Software; or take any action that imposes an unreasonable or disproportionately large load on Collanity.com’s hardware and software infrastructure.

COLLANITY.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITES, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (THE "SERVICE”), INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF COLLANITY.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO COLLANITY.COM. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COLLANITY.COM AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLLANITY.COM CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR” DOES NOT INCLUDE YOU.

You understand and agree that in Collanity.com's sole discretion, and without prior notice, Your access to this Site may be terminated or suspended, and Collanity.com may exercise any other remedy available and remove any Content, if it believes that Your use of this Site and/or any Content You provide

1. violate (i) these Terms of Service, (ii) the rights of Collanity.com, its affiliates, a Licensor, or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or
2. constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Collanity.com for violations of these Terms of Service, and You consent to injunctive or other equitable relief for such violations without the requirement that Collanity.com post a bond. Collanity.com is not required to provide any refund to You if Your use is terminated as a result of Collanity.com’s determination, in its sole discretion, that You have violated these Terms of Service.

These Terms of Service may be changed at any time and You will be notified of any such changes by an updated posting of the new Terms of Service on this page of this Site. Your continued use of this Site after the posting of any amended Terms of Service shall constitute Your agreement to be bound by any such changes. Collanity.com may modify, suspend, discontinue or restrict the use of any portion of this Site without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the State of Georgia without regard to its conflicts of law provisions. You hereby agree that any cause of action You may have with respect to this Site must be exclusively filed in the federal or state courts located in Gwinnett County, GA within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Santa Clara County, CA, and waive any objection based on forum non conveniens. As a condition of using this Site, You agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by Collanity.com to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. These Terms of Service and any other terms and conditions or policies applying to Your use of this Site, constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint Collanity.com or agency relationship or granting a franchise between the parties. Notwithstanding anything to the contrary herein, if you and Collanity.com have entered into a separate written internet advertising contract, the terms and conditions of such contract shall control with respect to any term that is inconsistent with these Terms of Service. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE IMMEDIATELY.