TERMS OF USE
Please Read Carefully Before Using This Web Site.
Welcome to the CityPropertyManagers web site (the "Web Site"). The
goals of the Web Site include providing consumers with access to residential and
commercial real estate listings, real estate related information, real estate
related services, and information about City Property Managers DBA (the
parent company is "Cygnus Partners LLC"). To insure a safe, non-offensive environment for all visitors to the
Web Site, we have established these "Terms of Use". By accessing any areas of
the Web Site, you agree to be bound by the terms and conditions set forth below.
City Property Managers may also be referred to as ("CPM")
If you do not agree to all of the Terms of Use, please do not use this Web Site.
- PRIVACY - Information
about you is subject to our Privacy Policy.
For more information, please review our full Privacy Policy. City Property Managers is owned and managed by Cygnus Real Estate. If you agree to these terms, you also agree to the terms of Cygnus Real Estate.
- LINKS - For your
convenience, the Web Site may contain content, information and services from
third parties and links to third party web sites, or may redirect you to third party web sites that may be of interest to you ("Third Party Content
and Services"). Third Party Content and Services are not under the control
of City Property Managers, and City Property Managers is not responsible for such
content (including the accuracy or reliability of any such content, data, opinions, or advice), services or third party web sites, including without
limitation any link contained in such content, or any changes or updates to
such content, services or third party web sites. City Property Managers is
providing the Third Party Content and Services to you only as a convenience, and the inclusion or access to Third Party Content and Services does not
imply an endorsement by City Property Managers of such content or services, of
the provider of such content or services, or any third party web site.
City Property Managers' Privacy Policy is applicable only when you are on the
Web Site. You may be subject to additional and/or different terms,
conditions, and privacy policies when you access or use Third Party Content
and Services. If you link to, or are redirected to a third party web site, you should read that web site’s privacy policy before disclosing any
personal information. City Property Managers reserves the right to
terminate any link or linking program at any time. City Property Managers
cannot and does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of Third Party Content and Services.
You are responsible for confirming the sufficiency and reliability of any
Third Party Content and Services.
- <>USER CONTRIBUTIONS AND P>RIVACY - There are many opportunities within the Site for you to actively
participate. In the process of doing so, you may provide certain comments,
suggestions, data, or other information to City Property Managers (collectively
"Information"). City Property Managers shall have the right to retain and use
any such Information in current or future products or services, without further compensation to you. To the extent such Information is protectable
under intellectual property laws, you agree to cooperate with Cygnus Real Estate as needed to obtain such protection as City Property Managers may desire
and you agree to assign your rights to such Information to Cygnus Real Estate. Furthermore, City Property Managers may share aggregate (not personally
identifiable) Information with its business partners or other third parties. City Property Managers will not, however, knowingly disclose personally
identifiable Information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena,
statute, court order, or if necessary or appropriate to address an unlawful or harmful activity.
- APPLICABLE LAW - The
Web Site is controlled by City Property Managers from its offices within the
city of Denver, the state of Colorado, U.S.A. As such, the laws of the State of Colorado, U.S.A., will govern these Terms of Use, excluding any
principles or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit
to the exclusive jurisdiction of the courts of the State of Colorado, U.S.A., for any litigation arising out of or relating to the use of the Web
Site, waive any objection to the venue of any such litigation in the Colorado courts and agree not to plead or claim in any Colorado court that
such litigation brought therein has been brought in an inconvenient forum. Use of the Web Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms of Use, including without limitation, this paragraph.
- COPYRIGHT NOTICE - The
materials provided through the Web Site including, but not limited to, all
information, text, messages, images, photos, illustrations, designs, icons,
files, trademarks, copyrighted material, specifications, catalogs,
literature, technical information, advertisements, and other content or
materials on the Web Site, as well as the organization and layout of the Web
Site, are copyrighted and are protected by United States and copyright laws
and treaty provisions. You may access, download and print materials on the
Web Site solely for your personal and non-commercial use, however, any print
out of the Web Site, or portions of the Web Site, must include the copyright
notice of the owner of such materials. No right, title or interest in any of
the materials contained on this Web Site is transferred to you as a result
of accessing, downloading or printing such materials. Unless otherwise
specified, you may not copy, modify, distribute, transmit, display,
reproduce, publish, license, create derivative works from, frame in another
web site, use on any other web site, transfer or sell any information
obtained from this Web Site. The foregoing prohibition expressly includes,
but is not limited to, the practices of "screen scraping" or "database
scraping" to obtain lists of users or other information.
The trademarks and
service marks used or displayed on the Web Site are either trademarks or
service marks or registered trademarks or service marks of
Cygnus Real Estate or a third party. None of these trademarks or service marks may
be used in any way without receiving the prior express written permission of
the owner of the trademark or the service mark.
You agree that you will not use the Web Site in any manner that could
damage, disable, overburden, or impair the Web Site or interfere with any
other party's use and enjoyment of the Web Site.
Except with the written permission of City Property Managers, you agree that you
will not access or attempt to access password protected, secure or
non-public areas of the Web Site. Unauthorized individuals attempting to
access prohibited areas of the Web Site may be subject to prosecution.
Except with the written permission of City Property Managers, you agree that you
will not create links from any web site or web page to any page within the
Web Site. You agree that if City Property Managers, in its sole and unfettered
discretion, requests in writing that you remove any link or links to the Web
Site, you will promptly do so.
You agree that City Property Managers may, in its sole discretion and at any
time, terminate your access to and use of the Web Site, or any part thereof,
with or without notice.
- TRANSMIT - If you post,
upload, submit or otherwise transmit any content on or through the Web Site,
you agree to provide true, accurate and complete information and to refrain
from impersonating any person or entity and from falsely representing your
affiliation with any person or entity.
- DISCLAIMER - YOUR USE
OF AND RELIANCE UPON THE CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH
THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS. Cygnus Real Estate MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT
TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE,
COMPLETENESS, OR TIMLINESS OF SUCH CONTENT, INFORMATION OR SERVICES. Cygnus Real Estate EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE,
NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. City Property Managers DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE CONTENT, INFORMATION, SERVICES, TEXT, GRAPHICS, LINKS OR
OTHER ITEMS PROVIDED THROUGH THE WEB SITE. City Property Managers MAY MAKE
CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE. WHILE City Property Managers STRIVES TO KEEP THE INFORMATION ON THIS WEB SITE ACCURATE AND
CURRENT, City Property Managers CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR
TIMELINESS OF THE INFORMATION. INFORMATION WITHIN THE WEB SITE MAY CONTAIN
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. City Property Managers RESERVES
THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE
INFORMATION CONTAINED WITHIN THIS WEB SITE AT ANY TIME, AND WITHOUT NOTICE.
ANY FILES, PROGRAMS OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND 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.
- LIMITATION OF LIABILITY
- IN NO EVENT SHALL City Property Managers BE LIABLE TO YOU FOR ANY LOSS,
EXPENSE OR DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND INCLUDING LOST
PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERRORS OR
OMISSIONS OR BY THE USE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR
SERVICES, USE OR PERFORMANCE OF THE WEB SITE, THE DELAY OR INABILITY TO USE
THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR THE USE,
EXISTENCE OR RELIANCE UPON ANY CONTENT, INFORAMTION OR SERVICES PROVIDED
THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF City Property Managers HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB
SITE OR RELATED SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE AND RELATED SERVICES.
- INDEMNIFICATION - YOU
AGREE TO INDEMNIFY AND HOLD City Property Managers, ITS AFFILIATES, OFFICERS AND
EMPLOYEES, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR
SERVICES THROUGH THE WEB SITE, HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS,
INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD
PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE.
- TERMINATION - You agree
that City Property Managers may in its sole discretion and at any time terminate
your access to and use of the Web Site, or any part thereof, with or without
notice.
- UPDATES - Cygnus Real Estate reserves the right to make changes to the Web Site and these Terms of
Use, at any time, and may revise these Terms of Use at any time by updating
this posting. You should visit this page from time to time to review the
then-current Terms of Use because they are binding on you. Your use of this
Web Site following any such change constitutes your agreement to follow and
be bound by the Terms of Use as changed. If any change is unacceptable to
you, your only recourse is to discontinue using the Web Site and related
services.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY City Property Managers, LLC.
Serving all metro Denver real estate areas including: Arvada, Boulder, Broomfield, Englewood, Golden, Highlands Ranch, Lakewood, Littleton, Vail, Breckenridge and Winter Park.
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Serving all Leelanau and Grand Traverse county real estate areas including: Traverse City, Sutton’s Bay, Leland, Lake Leelanau, Glen Arbor, Old Mission, Omena, Northport, Empire, Elk Rapids and Torch Lake.
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