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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE. By using this Web site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Web site following the posting of changes to these terms will mean you accept those changes.
1. Membership Renewal, Renewal Notification and Cancellation
MEMBER AUTHORIZES THAT THEIR CUUBANPROPERTY.COM MEMBERSHIP SHALL BE AUTOMATICALLY RENEWED UPON COMPLETION OF THEIR CURRENT MEMBERSHIP TERM (THE RENEWAL DATE), UNLESS THE MEMBER INDICATES OTHERWISE. Members are sent two courtesy membership auto-renewal reminders via email (at 30 days and 10 days) prior to their renewal date (note: members are responsible for updating any changes to their email address via the 'My Account' link within cubanproperty.com). Upon the renewal date the member's credit card shall be charged the standard, 12-month Membership fee ($29.95 as of September 1 2009), regardless of their current term length or membership price. Members may elect to cancel the auto-renewal of their membership prior to their annual renewal date. Experience has shown that most cubanproperty.com members appreciate the convenience of having their membership auto-renewed upon their renewal date. However, if for any reason, a member does not want to have their membership auto-renewed on their renewal date, the member simply needs to log-in to www.cubanproperty.com, click on the "Your Account" link and "cancel membership renewal" prior to their renewal date.
Note: From time to time a member may not receive their 30 day and 10 day auto-renewal reminder emails. If this occurs it is likely because either the member's ISP inadvertently blocked the reminder emails or during the year the member changed their email address (and simply forgot to let cubanproperty.com know). We want you to want to be a member! If your cubanproperty.com membership did auto-renew (as scheduled and agreed upon) and you prefer that it had not auto-renewed, simply let us know as soon as possible by emailing contact@cubanproperty.com and we will promptly credit your account. Please note in order to improve our service and simplify the sign up process, on March 8th, 2009 existing cubanproperty.com Silver Memberships were upgraded to cubanproperty.com Gold Memberships.
2. Availability of Services
Cubanproperty.com Membership (Cubanproperty.com and Research Web Tools) services (collectively, the "Membership Services") are available only to one registered user (each, a "Member") with cubanproperty.com.
3. Member's Responsibilities
Members must be aware of and comply to The Children's Online Privacy Protection Act (COPPA). This Act defines the standards for protecting the privacy of children online. To protect the privacy of the people cubanproperty.com members may use our tools with, you must comply with the following:
If you use any Member Services to collect any personally identifiable information (i.e. e-mail addresses) about anyone under the age of 13, you must first obtain verifiable parental consent. Under COPPA verifiable parental consent includes consent communicated by telephone, fax or mail. COPPA does not consider consent submitted via e-mail verifiable.
Member shall not provide Member's password to any third person or permit its use by any third person. Members are fully responsible for use of their account by authorized third parties (i.e. students, parents, colleagues). Subscribers are also responsible for any misuses of the services by third parties. Member understands and acknowledges that neither cubanproperty.com nor any of its third-party product or service providers shall be responsible for any lost data, inaccurate output, or work delays resulting from any services or products provided by cubanproperty.com.
4. Standards of Conduct
While using cubanproperty.com services as a member, you agree to respect the rights other people and property. Cubanproperty.com reserves the right to prohibit conduct that we believe may be harmful to any of our users. Examples of behavior that is considered unacceptable and in violation of this Terms of Service policy include:
Posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
Upload, post, publish, transmit, data mine, reproduce, or distribute in any way, information, software or other material obtained through the cubanproperty.com Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder.
5. Memberships Non-Transferable
cubanproperty.com memberships and all rights of Members to receive Membership Services, are non-transferable.
6. FREE TRIAL MEMBERSHIP OFFERS
From time to time we encourage the use of our service with a Free Trial (Free Trial) Membership offer, generally between 10 and 31 days long. Free Trial Membership offers are only available to first time members of cubanproperty.com. Free trials cannot be combined with any other offer. Only one free trial may be redeemed per household. cubanproperty.com may, at its option, extend or decrease the number of days of a Free Trial. You must have Internet access and a valid credit card to redeem a free trial offer. At any time during the Free Trial you may cancel your membership by completing cancel free trial form available at www.cubanproperty.com during the free trial period Upon completion of your Free Trial, if you choose not to cancel, your card will be charged the standard (or discounted) fee for an annual cubanproperty.com Membership.
7. Cubanproperty.com Privacy Policy
cubanproperty.com is very concerned about and committed to preserving the privacy of all of its users, however, cubanproperty.com cannot ensure or guarantee privacy for cubanproperty.com users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and cubanproperty.com and its affiliate and related companies shall be relieved of all liability in connection therewith. All use of the Membership Services and the cubanproperty.com website is subject to cubanproperty.com Privacy Policy, which may be reviewed by clicking here. Though cubanproperty.com promotes responsible privacy policies, cubanproperty.com cannot control or be responsible for the privacy practices of third-party websites or service providers to which the cubanproperty.com website contains links, or for the privacy practices of providers of services or products that are available from the cubanproperty.com website or membership plans.
8. Links to Other Sites
Cubanproperty.com editors go to great efforts to provide only high quality education-related web resources that are valuable and appropriate for children. However, because cubanproperty.com does not have control over the changing nature of content on sites that are listed in its directories, cubanproperty.com lists Internet sites for use at the visitor's risk and explicitly disclaims any responsibility for the accuracy, content, or availability of information the resources may contain. Subsequently, cubanproperty.com does not warrant or guarantee that information from a listed site will not contain material which some individuals may deem inappropriate or objectionable.
9. NO WARRANTIES
CUBANPROPERTY.COM MEMBERSHIP SERVICES, CUBANPROPERTY.COM WEBSITE(S) (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFERENCED OR LINKED TO ON CUBANPROPERTY.COM WEBSITE(S)), AND ALL OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, SERVICES, AND INFORMATION PROVIDED BY CUBANPROPERTY.COM AND ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CUBANPROPERTY.COM ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR OTHER INADEQUACIES IN THE MEMBERSHIP SERVICES, CUBANPROPERTY.COM WEBSITE(S) (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFENCED OR LINKED TO ON CUBANPROPERTY.COM WEBSITE(S)), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, SERVICES, AND INFORMATION PROVIDED BY CUBANPROPERTY.COM OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL CUBANPROPERTY.COM BE LIABLE TO ANY PERSON FOR ANY SPECIAL, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM NEGLIGENT OR CRIMINAL ACTS OF THIRD PARTIES, LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR COMPUTER HARDWARE DAMAGE, IN CONNECTION WITH ANY OF THE MEMBERSHIP SERVICES, THE CUBANPROPERTY.COM WEBSITE (INCLUDING ALL INFORMATION, SERVICES, AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE CUBANPROPERTY.COM WEBSITE(S)), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY CUBANPROPERTY.COM OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS, WHETHER SUCH PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Force Majeure
In the event cubanproperty.com delivery of the Membership Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond cubanproperty.com reasonable control, then cubanproperty.com shall be excused from such delivery to the extent that it is delayed or prevented by such cause.
12. Indemnity
You agree to defend, indemnify and hold cubanproperty.com and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the cubanproperty.com Site or the Internet or the placement or transmission of any message, information, software or other materials on the cubanproperty.com Site or on the Internet by you or users of your account.
13. Modifications to Terms of Service
Cubanproperty.com reserves the right to amend the Terms of Service that govern use of the Membership Services and the cubanproperty.com website(s) at any time by (a) posting a revised version of the Terms of Service on the cubanproperty.com website (www. cubanproperty.com /termsofservice.html), or by (b) sending information regarding any amendment to the Terms of Service to the email address Member provides to cubanproperty.com. Member is responsible for regularly reviewing the cubanproperty.com website to be notified of any amendments to the Terms of Service. A Member's continued use of the Membership Services after such amended Terms of Service have been posted or information regarding such amended Terms of Service has been sent to Member shall be deemed acceptance by Member of the amended Terms of Service.
14. Suspension or Termination of Memberships
Cubanproperty.com reserves the right to suspend or terminate any Membership Services of any Member that cubanproperty.com, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Member (c) in violation of Member Responsibilities defined above. The disclaimers and limitations of liabilities served forth in this agreement shall survive.
15. General
In addition to the Terms of Service, Member agrees to be bound by the Privacy Policy and all other legal notices contained on cubanproperty.com website(s), which collectively constitute the entire agreement between Member and cubanproperty.com. Cubanproperty.com and/or third party providers may make improvements and/or changes in the products, services, programs, business or customer policies and prices described in their websites at any time without notice. California law will govern any action related to the Terms of Service, without regard to conflict of law principles. The Terms of Service shall be construed as if it was executed and performed in Santa Barbara, California. Any cause of action by a Member or other viewer of this website must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred. If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. cubanproperty.com failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. The cubanproperty.com website is available internationally and may contain references to cubanproperty.com products, services, and programs that are not available in a viewer's country. These references do not imply that cubanproperty.com intends to make such products, services, or programs available in such country.
All information provided "as is" for informational purposes only and are not intended for trading purposes or advice. Neither cubanproperty.com nor any of independent providers is liable for any informational errors, incompleteness, or delays, or for any actions taken in reliance on information contained herein. By accessing the cubanproperty.com site, you agree not to redistribute the information found therein.
Cubanproperty.com and all its content is provided for informational purposes only and no information is intended for trading or investing purposes. Cubanproperty.com shall not be responsible or liable for the accuracy, usefulness or availability of any information, and shall not be responsible or liable for any trading or investment decisions based on such information.
16. NOT INVESTING ADVICE
The Content contained on the Web site has been prepared by cubanproperty.com as a service to its readers and the Internet community and is not intended to constitute investing advice. Cubanproperty.com has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Web site. Users of information from the Web site or links do so at their own risk.
17. INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD CUBANPROPERTY.COM, 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.
18. RESTRICTIONS ON USE OF MATERIALS
Unless otherwise noted, all materials, including, but not limited to, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site (collectively, the "Content") are protected by copyright and owned, controlled or licensed by cubanproperty.com, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site.
No Content from the Web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from www.cubanproperty.com or the copyright holder identified in the copyright notice contained in the Content.
If you wish to build a hyperlink to the Web site, you may do so provided you agree to cease such link upon request from cubanproperty.com. No other use is permitted without prior written permission of cubanproperty.com.
Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the Content is strictly forbidden.
Modification of the Content or use of the Content for any other purpose is a violation of cubanproperty.com copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to cubanproperty.com.