This Company Internet Web Site Agreement (the "Agreement") is between you and Lechner
Realty Group, Inc. ("Company") with a principal place of business at 13421 Manchester
Road, Suite 101, St. Louis, MO 63131. Use of the Company Internet Web site (the
"Company Web Site") signifies your agreement to the terms and conditions of use
set forth below in the Agreement:
(1) You acknowledge that you have read the terms and conditions of use and that
you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS COMPANY WEB SITE. If you do not agree to these terms
and conditions of use, you may not access or otherwise use this Company Web Site.
(2) Company may monitor your use of this Company Web Site, and may freely use and
disclose any in-formation and materials received from you or collected through your
use of the Company Web Site for any lawful reason or purpose.
(3) Company reserves the right, at its sole discretion, to change, modify, add or
remove any portion of this Agreement, in whole or in part, at any time. Notification
of changes in the Agreement will be posted on the Company Web Site.
(4) The contents of the Company Web Site are only for your personal, non-commercial
use. All materials contained on the Company Web Site are proprietary and are owned
or controlled by Company or the party credited as the provider of the Content. You
will abide by any and all additional notices, information, or restrictions contained
in any Content on the Company Web Site. You may download and make one copy of the
Content and other downloadable items displayed on this Company Web Site for personal,
noncommercial use only, provided that you maintain all proprietary and other notices
contained in such Content. Copying or storing of any Content for other than personal,
noncommercial use is expressly prohibited without the prior written permission from
Company.
(5) Company may change, suspend or discontinue any aspect of the Company Web Site
at any time, including the availability of any Company Web Site feature, database,
or Content. Company may also im-pose limits on certain features and services or
restrict your access to parts or all of the Company Web Site without notice or liability.
(6) You represent, warrant and covenant that: (a) you shall not upload, post or
transmit to or distribute or otherwise publish through the Company Web Site any
materials which (i) restrict or inhibit any other user from using and enjoying the
Company Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
(iii) constitute or encourage conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate law, (iv) violate, plagiarize
or infringe the fights of third parties including, without limitation, copyright,
trademark, patent, rights of privacy or publicity or any other proprietary right,
(v) contain a virus or other harmful component, (vi) contain any information, software
or other material of a commercial nature, (vii) contain advertising of any kind,
or (viii) constitute or contain false or misleading indications of origin or statements
of fact; and (b) that you are at least eighteen (18) years old.
(7) You hereby agree to indemnify, defend and hold Company, and all its officers,
directors, owners, agents, employees, information providers, affiliates, licensors
and licensees (collectively, the "Indemnified Parties") harmless from and against
any and all liability and costs incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of the Agreement or the foregoing
represen-tations, warranties and covenants, including, without limitation, attorneys
fees and costs. You shall cooperate as fully as reasonably required in the defense
of any claim. Company reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnifi-cation by you and
you shall not in any event settle any matter without the written consent of Company.
(8) The Company Web Site contains links and pointers to the other related World
Wide Web Internet sites, resources, and sponsors of the Company Web Site. Links
to and from Company Web Site to other third party sites, maintained by third parties,
do not constitute an endorsement by Company or any of its subsidiaries or affiliates
of any third party resources, or their contents.
(9) Company does not represent or endorse the accuracy or reliability of any advice,
opinion, statement, or other information displayed or distributed through the Company
Web Site. You acknowledge that any reliance upon any such opinion, advice, statement,
memorandum, or information shall be at your sole risk. Company reserves the right,
in its sole discretion, to correct any errors or omissions in any portion of the
Company Web Site.
(10) Company does not and cannot review all materials posted to the Company Web
Site by users, and Company is not responsible for any such materials posted by users.
However, Company reserves the right at all times to disclose any information as
necessary to satisfy any law, regulation or government request, or to edit, refuse
to post or to remove any information or materials, in whole or in part, that in
Company's sole discretion are objectionable or in violation of this Agreement.
(11) THE COMPANY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE COMPANY WEB SITE, IS PROVIDED
"AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES
AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
CONTENT ON THE COMPANY WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE
ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY WEB SITE, FOR
ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF
SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE COMPANY
WEB SITE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES
DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE COMPANY WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE COMPANY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT
BE LIABLE FOR THE USE OF THE COMPANY WEB SITE, INCLUDING, WITHOUT LIMITATION, THE
CONTENT AND ANY ERRORS CONTAINED THEREIN.
(12) By posting messages, uploading files, inputting data or engaging in any other
form of communication (individually or collectively "Communications") to the Company
Web Site, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit
such Communications, in all media now known or hereafter developed. You hereby waive
all rights to any claim against Company for any alleged or actual infringements
of any proprietary rights, rights of privacy and publicity, moral rights, and rights
of attribution in connection with such Communications.
(13) You acknowledge that transmission to and from this Company Web Site are not
confidential and your Communications may be read or intercepted by others. You acknowledge
that by submitting Com-munications to Company, no confidential, fiduciary, and contractually
implied or other relationship is created between you and Company other than pursuant
to this Agreement.
(14) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF MISSOURI, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND
EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO
THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE
OF MISSOURI.
(15) This Agreement constitutes the entire agreement between Company and you with
respect to your use of the Company Web Site. Any cause of action you may have with
respect to your use of the Company Web Site must be commenced within one (1) year
after the claim or cause of action arises. If for any reason a court of competent
jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to affect
the intent of the Agreement, and the remainder of this Agreement shall continue
in full force and effect. Company disclaims any and all responsibility for content
contained in any third party materials provided through links from the Company Interact
site.