User acknowledges and agrees that the Content is owned and copyrighted or licensed by Backup Dome. No rights of any kind to the Content, any third party information or other materials are transferred to the Users of the Site. To the full extent of applicable laws, all rights are reserved by Backup Dome. User acknowledges that Backup Dome, shall have the right to separately enforce the provisions of this TOUA and any other matters that pertain to Backup Dome's rights and interests as they relate to the Site and its use thereof. No reproduction, distribution, or transmission of the copyrighted or proprietary information or materials on the Site is permitted without prior express written permission of Backup Dome.
The service and the content as provided by Backup Dome, is provided on an "as is" and "as available" basis without any warranties of any kind, whether ever, express or implied. To the fullest extent permissible pursuant to applicable law, Backup Dome, disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchant ability, fitness for a particular purpose or non-infringement. Backup Dome, does not represents or warrants that the Content and/or features provided by the Site will be uninterrupted or error free and that defects will be corrected and or that the Site or the server that makes the Site available are free of viruses or other harmful components, and or any representation as to its correctness, accuracy, reliability or otherwise regarding the use or results of the use of the materials provided, any responsibility for the accuracy or completeness of the Content, including but not limited to listing(s) or professional's information, and or information provided by independent third parties. Backup Dome, is neither responsible nor is endorsing for any links to third party web sites nor for the content on those sites. Information, access or use of Backup Dome, and any third party website is solely at the User's own discretion and risk.
Access to and use of the Site is subject to TOUA. User agrees to use the Site solely for the purpose of identifying and transacting upon the prospective properties / services. User agrees to not to copy, reproduce, transmit, modify, distribute, publish, screen scrapping or data scrapping, re-use, disable, overburden, damage or impair the use of the Site, re-display in another Web page or Site, create any derivative works from, create links to or frame the Site, transfer or sell any of the Content in Backup Dome. Backup Dome, shall not be liable, whether based in contract or tort, for any indirect, incidental, special, consequential or punitive damages, whether or not foreseeable, including, but not limited to for any lost revenues, profits, savings, opportunities, or other damages that may arise out of the use of or the inability to use, the content and/or capabilities of this site, even if operator, INM and/or any authorized representative of either of them has been advised of the possibility of such damages. Any software, information, content, or material of any kind downloaded or otherwise obtained through the use of the site is done at the user's own discretion and risk, and each user will be solely responsible for any damage to its computer site or loss of data that results from such download or use of the content and/or capabilities of this site.
Every User hereby indemnifies, defends, and holds harmless Backup Dome, and their respective officers, directors, shareholders, employees, agents, partners, affiliates and contractors from and against any and all claims, actions, liabilities, damages, and expenses, including, without limitation, arising from the violation of any of the terms and conditions of this TOUA by the User; unavailability, inaccuracy or incompleteness of the Site or the Content; and Users' access to or use or misuse of any of the Content contained within or displayed at the Site.
In the event of any unauthorized access, use or misuse of the Site or the Content, the User agrees to immediately cease accessing and / or using the Site and the Content for any purpose. This TOUA shall be governed by the laws of the current location and or in any other place it so chooses to do business from in future, without regard to its conflict of law's provisions. The venue in any action brought to enforce or arising from this TOUA or User's access to or use of the Site shall be in a federal or state, county or local court of the location it is operating from. By accessing this site, the user acknowledges that it has read this TOUA, understood it, and agrees to be bound by its terms and conditions. If any of the provisions of this TOUA are held invalid or unenforceable by a court of law with jurisdictions over such matter, such provisions will be deleted from this TOUA and the remaining provisions will remain binding and enforceable.