Terms of Use for LakeFrog Services

THIS TERMS OF USE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND LAKEFROG.COM, INC. BY INSTALLING AND CLICKING THE "ACCEPT" BUTTON, YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, CLICK THE "CANCEL" BUTTON.

These Terms of Use (the "Agreement") applies to your use of the LakeFrog services ("LakeFrog Services"), which includes LakeFrog’s web site, services and any related products. This Agreement affects your rights and you should read it carefully.

The words "you" or "your" in this Agreement means you, the person or entity utilizing the LakeFrog Services ("LakeFrog Services Users"). Unless otherwise stated, "LakeFrog" will refer collectively to LakeFrog.com, Inc. and its respective parent or subsidiary companies, affiliates, officers, employees and agents.

By using or accessing any of the LakeFrog Services you represent that you understand, accept and agree to be bound by the terms and conditions set forth in this Agreement and you agree that these terms constitute a binding contract between You and LakeFrog. We may amend this Agreement at any time by posting the amended terms to our site, and any amendment shall be effective and binding upon you 10 days after it is published.

  1. Eligibility. You agree that you will use the LakeFrog Services only for lawful personal, business or governmental purposes. In order to use certain portions of the LakeFrog Services, you must enroll with LakeFrog by entering into at least one of the Agreements. You will receive a LakeFrog Services User ID and be required to establish a password upon enrolling in the LakeFrog Services. You are responsible for maintaining the confidentiality of your LakeFrog Services User ID and password and are fully responsible for all actions that are taken under your LakeFrog Services User ID. You may not divulge your LakeFrog Services User ID or password information to anyone else, nor may you use anyone else's password. LakeFrog is not responsible for losses incurred by LakeFrog Services Users as the result of their misuse of User IDs or passwords.
  2. Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any person or company or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, LakeFrog has the right to terminate your use of the LakeFrog Services and LakeFrog, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize LakeFrog and its agents, suppliers and subcontractors to make any inquiries they consider necessary to validate your registration.
  3. Realtor's Use. For all Customers who intend to contribute any real estate listings (the "Listings") to the LakeFrog Services, please take the time to complete the information in the log-in section of the contribution, including your full name, your email and mailing addresses, your telephone number and your employers name and contact information if you are contributing on behalf of your employer. In the event You do not agree to this Agreement or You do not provide the requested information, we will be unable to use your Contribution. You represent and warrant that (a) all of the information provided by you to LakeFrog to participate in the LakeFrog Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
    1. You grant us the ability to use the Listings. You hereby grant to LakeFrog, a non-exclusive, worldwide, royalty-free, sublicenseable, transferable license under all of Your relevant intellectual property rights (including copyright), to use, copy, modify, distribute and publicly perform and display on any form of media the Listings while such listings are posted on the LakeFrog Services. You may remove the Listing from the LakeFrog Services at any time. Any of your relevant listings or content may be linked, posted or provided to data feed systems and made available to the general public through the LakeFrog Services or any other services using relevant data feed systems. Your listing may be truncated to fit the attributes available on other sites or to fit within any character limits on any sites.
    2. Listings from third party sites. LakeFrog may obtain data and listings from third party sites for hosting on the LakeFrog Services. LakeFrog relies on the authorization to use any data and listings from the third party sites to post such data and listings. In the event LakeFrog obtains any data or listings from third party sites and such data or listings that belong to you, you will have the opportunity to notify LakeFrog that such data or listing as posted on the Lake Frog Services is your property. Once LakeFrog has verified that the data or listing has been originally and rightfully owned by you, you will have the opportunity to claim the listing and update any of the content associated with the property details. You will have the opportunity to accept the posting on the LakeFrog Services or request removal of these listings from the LakeFrog Services. LakeFrog will request that you create and activate an account to claim the listing within its' systems. The content may be truncated to fit the attributes available on the LakeFrog Services or to fit within any character limits on the site.
    3. You are able to grant us these rights. You represent that You are legally entitled to grant the above license. If Your employer has rights to the Listing, You represent that You have received permission to post the listings on behalf of that employer.
    4. Posting of the Listing. You agree to keep the Listings posted on the LakeFrog Services for a reasonable time.
  4. Contributor’s Use. For all Customers who intend to contribute content to the LakeFrog Services, please take the time to complete the information in the log-in section of the contribution, including your full name, your email and mailing addresses, your telephone number and your employers name and contact information if you are contributing on behalf of your employer. In the event You do not agree to this Agreement or You do provide the requested information, we will be unable to use your Contribution. You represent and warrant that (a) all of the information provided by you to LakeFrog to participate in the LakeFrog Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
    1. You grant us the ability to use the Contributions in any way. You hereby grant to LakeFrog, a non-exclusive, irrevocable, worldwide, royalty-free, sublicenseable, transferable license under all of Your relevant intellectual property rights (including copyright), to use, copy, prepare derivative works of, distribute and publicly perform and display on any form of media the Contributions on any licensing terms. Any of your relevant content may be provided to data feed systems and made available to the general public through the LakeFrog site or any other services using the relevant data feed systems. Your content may be truncated to fit the attributes available on other sites or to fit within any character limits on any sites.
    2. You are able to grant us these rights. You represent that You are legally entitled to grant the above license. If Your employer has rights to intellectual property that You create, You represent that You have received permission to make the Contributions on behalf of that employer, or that Your employer has waived such rights for the Contributions.
    3. The Contributions are your original work. You represent that the Contributions are Your original works of authorship, and to Your knowledge, no other person claims, or has the right to claim, any right in any copyright related to the Contributions.
    4. Your Employer. If you are employed as a writer, or if your employer is in the business of developing written content, or otherwise may claim rights in the Contributions, you confirm your employer’s policy on contributing to websites, includes the ability to grant the rights set forth in this section 4.
  5. LakeFrog Services Use. By using the LakeFrog Services, you attest that you will not use the LakeFrog Services to provide unlawful or illicit products or services. You will not use the LakeFrog Services, including the website or any of the services offered therein for any unlawful, fraudulent or improper activity. You agree that except as expressly agreed by any LakeFrog Services User, you will not use any information about other LakeFrog Services Users that is provided by the LakeFrog Services. If LakeFrog has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the LakeFrog Services, the website or any related services, your access to the website and any services contained therein may be suspended or terminated. You will cooperate fully with LakeFrog to investigate any suspected unlawful, fraudulent or improper activity.
  6. Additional Restrictions. LakeFrog, at its sole discretion, reserves the right to restrict your use of the LakeFrog Services in the event that LakeFrog determines, in its sole discretion, that your use of the LakeFrog Services is inappropriate. Reasons that LakeFrog may determine that your use of the LakeFrog Services is inappropriate include, but are not limited to, the following:
    1. Unconfirmed identity or incorrect registration/enrollment information
    2. You have used the LakeFrog Services to commit or to facilitate fraudulent activity
    3. You have used the LakeFrog Services to send spam emails or newsletters
    4. You have used the LakeFrog Services in violation of privacy or other laws and regulations
    5. You have used the LakeFrog to provide unlawful or illicit products or services
  7. Copyright. This database and all materials on this site are protected by copyright laws and are owned or licensed by LakeFrog or by the Customer who has supplied the data. Listings and other data available on this site are intended for the private, non-commercial use by individuals. Any commercial use of the listings or data in whole or in part, directly or indirectly, is specifically forbidden except with the prior written authority of the owner of the copyright. Users may, subject to these Terms and Conditions, print or otherwise save individual pages for private use. However, property listings and/or data may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. The prohibited uses include "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate or publish data on the pages produced by, or displayed on the LakeFrog Services.
  8. Trade Marks. LakeFrogTM and the LakeFrogTM logo are marks owned by LakeFrog. Any other trade marks used on the Services may be owned by Customers, real estate boards and other third parties. Nothing contained on this site gives any user the right or license to use any trade mark displayed on this site without the express permission of the owner.
  9. Third Party Content. The content on the LakeFrog Services may often contain means of linking or access to third party content. This may include, but not limited to, individual websites, data, products, advertisements, services or promotional programs. If third party sites are accessed through the LakeFrog Services, you will also be bound to the terms of use of that third-party site. Your participation in the interactions with all third party organizations or individuals accessed through this site is at your discretion. Any transactions including monetary agreements, delivery of goods or services, contracts, conditions, representation or any other third party transactions are the responsibility of you and that third party, and LakeFrog Services cannot be held accountable, nor be obliged to become involved in resulting disputes. LakeFrog Services is not responsible for loss or damages incurred through third party activity accessed through this site. You also agree not to post content that infringes on the rights of third parties.
  10. Links. All links to any of the Services must be accompanied by a prominent notice which makes it clear to a browser that the link leads to a website of LakeFrog. No materials, names or marks may be used with the link to give the erroneous impression to a user that the individual, entity or website is somehow affiliated with LakeFrog or any of the LakeFrog Services; Unless LakeFrog expressly agrees otherwise, all links to any LakeFrog website must connect to the home page of the website;
  11. Framing. Consumers and third parties may not under any circumstances use technology to display the content of the LakeFrog Services in a frame or in any other manner that is different from how it would appear if a user typed the URL into the browser line.
  12. Fees. LakeFrog Services Users are responsible for paying all fees associated with the use of the LakeFrog Services, if any, on or before the due date for such fees.
  13. No Resale of LakeFrog Services. Your right to access and use the LakeFrog Services is personal to you. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the LakeFrog Services, use of the LakeFrog Services, or access to any LakeFrog Services which require payment to LakeFrog to any third party.
  14. Security Issues or Unauthorized Transactions. You should contact us at once if you believe your LakeFrog Services User ID or password has been compromised.
  15. No Spam. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to communicate with other LakeFrog Services Users or with any persons who have not consented to receive such communications from You. We reserve the right to immediately terminate the user account of any LakeFrog Services User who sends unsolicited email to other LakeFrog Services Users based on information available to Users through the LakeFrog Services. In addition, you may be subject to state/provincial and/or federal penalties and other legal consequences under applicable law if you send unsolicited email. This Anti-Spam Policy is intended to protect our users, the Internet, and us.
  16. No Hacking. If you use, or attempt to use the LakeFrog Services for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of LakeFrog Services or any other website or service, your user account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
  17. Correct E-mail. You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing LakeFrog with a correct and operational e-mail address. LakeFrog will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify LakeFrog of any change in your e-mail or postal mailing address.
  18. Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your user account and/or your use of the LakeFrog Services ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the LakeFrog Services and/or delivered to your e-mail address. You should print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. LakeFrog reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying LakeFrog of your decision to do so, by sending an email message to info@lakefrog.com. If you revoke your consent to receive Communications electronically, LakeFrog may terminate your right to use the LakeFrog Services.
  19. Privacy. The terms of our Privacy Policy shall govern the collection, use and distribution of information related to you. You agree that you have had an opportunity to review, download or print our Privacy Policy.
  20. WARRANTY DISCLAIMER. THE LAKEFROG SERVICES ARE PROVIDED “AS IS,” AND YOUR USE OF THE LAKEFROG SERVICES IS AT YOUR OWN RISK. LAKEFROG DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LAKEFROG DOES NOT WARRANT THAT THE LAKEFROG SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
  21. LIMITATIONS OF LIABILITY. LAKEFROG WILL NOT BE LIABLE TO YOU FOR ANY LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, EVEN IF LAKEFROG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. LAKEFROG'S MAXIMUM AGGREGATE LIABILITY TO YOU RELATED TO OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT PAYABLE BY YOU TO LAKEFROG HEREUNDER FOR THE PRIOR TWELVE (12) MONTH PERIOD. You acknowledge that LakeFrog has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
  22. Miscellaneous. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of California without regard to the principles of conflicts of laws. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not assign Your rights or delegate Your duties under this Agreement either in whole or in part without the prior written consent of LakeFrog. Any attempted assignment or delegation without such consent will be void. LakeFrog may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns. LakeFrog and You are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between LakeFrog and You. Neither LakeFrog nor You will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.

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