TERMS AND CONDITIONS FOR USE.
Customer agrees to use the Services only for its own lawful
purposes. Transmission or storage of any information, data
or material in violation of international, United States,
state or local regulation or law is strictly prohibited,
including, without limitation, material protected by
copyright, trademark, trade secret or any other statute.
Customer incurs the responsibility to determine what
restrictions apply to it. Customer shall be responsible for
all uses of the Services by it or its employees, agents and
designees. Customer shall not knowingly create, transmit or
store content that violates or infringes upon the rights of
any others, including the right of privacy or the right of
publicity, or that would be illegal, abusive, profane,
obscene, indecent, threatening, libelous or offensive to an
average person. The Services may not be used in violation
of any community standards, laws or regulations of local,
state or Federal governments or agencies thereof, or
International treaty. The Services may not be used to
annoy, abuse, threaten or harass any other person or to
interfere with the rights of any third party. The Services
may not be used to upload, store or transmit any material
that is indecent, obscene or pornographic or otherwise
offensive. McKinley Real Estate Solutions and WindChannel
reserve the right, but not the obligation, to remove, cease
or otherwise terminate content that it deems, in its
reasonable discretion, to be inappropriate or offensive.
NEITHER MCKINLEY REAL ESTATE SOLUTIONS NOR WINDCHANNEL
SHALL BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE
PROVISION OF OR FAILURE TO PROVIDE THE SERVICES. CUSTOMER
HEREBY RELEASES MCKINLEY REAL ESTATE SOLUTIONS AND
WINDCHANNEL FROM LIABILITY ARISING FROM ANY CONTENT
ACCESSED VIA THE SERVICE. NEITHER MCKINLEY REAL ESTATE
SOLUTIONS NOR WINDCHANNEL SHALL BE LIABLE IF CHANGES IN
OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR
ALTERATION OF CUSTOMER'S EQUIPMENT, RENDER THE SAME
OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT
SHALL EITHER MCKINLEY REAL ESTATE SOLUTIONS OR WINDCHANNEL
BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGE INCLUDING BUT NOT LIMITED TO LOSS OF
PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF
USE, ETC. NEITHER MCKINLEY REAL ESTATE SOLUTIONS NOR
WINDCHANNEL MAKE ANY WARRANTIES OR REPRESENTATIONS, EITHER
EXPRESS OR IMPLIED, CONCERNING THE SERVICE AND EXPRESSLY
DISCLAIM WARRANTIES OF FITNESS FOR A PARTICULAR USE OR
PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER
WARRANTY IMPLIED BY LAW.
