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TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. BY ACCESSING THIS WEBSITE YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.

This website is owned and operated by The Corcoran Journal and its subsidiaries and affiliates (collectively “The Corcoran Journal,” “we,” or “us”). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use. Use of the website is offered to you conditioned on your acceptance without modification of all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). Use of this website is restricted to persons over 13 years of age. Your use of the website and services constitutes your agreement to all Terms of Use; if you do not agree to these terms, do not use the website. You agree to familiarize yourself with the Terms of Use and to abide by them if and when you use the website, The Corcoran Journal is free to revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Such changes shall become effective immediately upon the posting thereof. Please check these terms of use periodically for changes.

THIRD PARTY WEBSITES

This website may provide you with links to other websites on the Internet (“Linked Sites”). The Linked Sites are not under The Corcoran Journal's control, and thecorcoranjournal.net is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by thecorcoranjournal.net or any association with the operators of the Linked Sites. Your interactions with third parties associated with the Linked Sites are between you and those third parties associated with the Linked Sites. You hereby agree that The Corcoran Journal shall not be responsible for dealings with third parties associated with the Linked Sites.

PROPRIETARY RIGHTS

You acknowledge and agree that the materials contained in this website are protected by copyright, trademark and other proprietary rights and laws. You may temporarily download or save to your disk or hard drive one copy of materials found on this website for your personal use only, provided such copies you make of this material must include any copyright, trademark or other proprietary notice located on the website which pertains to the copied material. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. You agree not to systematically retrieve data or other content from this website for the purpose of creating a collection, compilation, database, or directory without The Corcoran Journal's written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with the these Terms of Use. You may not mirror or archive any part of this website or any material contained on this website on any server or computer without The Corcoran Journal's written permission.

PRODUCTS, SERVICES AND SOFTWARE

A description to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by The Corcoran Journal of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

SUBMISSIONS

You hereby grant to The Corcoran Journal the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, reviews or comments, advertisements or listings for products and/or services, or other information communicated to thecorcoranjournal.net through this website (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. thecorcoranjournal.net will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future The Corcoran Journal operations.

You agree that all Submissions provided on this website are the sole responsibility of the person or entity from which the Submission originated, and that you are responsible for each Submission that you post on this website. As thecorcoranjournal.net may make modifications of this website, you agree that The Corcoran Journal may at any time delete, refuse or move Submissions posted to the website for any reason.

NO UNLAWFUL OR PROHIBITED USE

The website may contain communication services such as bulletin boards, chat rooms, news groups, communities, personal web pages, group calendars, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum.

You agree not to use the website for any purpose that is unlawful or prohibited by the Terms of Use. You may not use the website in any manner that could damage, disable, overburden, or impair this website or interfere with any other party’s use of this website or services. You may not seek by any means to obtain any materials or information through the website not intentionally made available to you through the website.

You agree that you will not:

· Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
· Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
· Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
· Improperly assume or claim the identity, characteristics, or qualifications of another person.
· Conduct or forward surveys, contests, pyramid schemes, or chain letters.
· Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
· Attempt to gain access to any portion of this website, any computer, server, account, network, software, or hardware associated with this website, from which you are restricted.
· Violate any applicable laws or regulations.
· Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website.
· Post Submissions or any other content using any manual or automatic posting tools other than those provided by The Corcoran Journal without express written consent from The Corcoran Journal.
· Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.
The Corcoran Journal is not obligated to monitor the communications contained on the website. However, The Corcoran Journal may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof. You agree that you will create only one account for use of this website, and that business entities are only entitled to one account for use with this website.

SECURITY

Any user names and/or passwords used for this website are for individual use only. You will be responsible for the security of your user name and/or password (if any). thecorcoranjournal.net will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that thecorcoranjournal.net considers insecure, thecorcoranjournal.net will be entitled to require the password to be changed and/or terminate your account.

You agree to provide true, accurate, current and complete information on this website for use in any program or service in which you participate through this website. If you provide to thecorcoranjournal.net any information that is false, inaccurate, out of date, or incomplete, or The Corcoran Journal has reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, The Corcoran Journal may suspend or terminate your access to this website and the services thereof, and may refuse any and all current or future use of the services.

You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, The Corcoran Journal reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. The Corcoran Journal reserves the right to investigate suspected violations of these Terms of Use.

NO REPRESENTATIONS OR WARRANTIES

The Corcoran Journal makes no representations or warranties that this website if free of defects, viruses or other harmful components. The Corcoran Journal shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or The Corcoran Journal's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD The Corcoran Journal HARMLESS FROM, AND YOU COVENANT NOT TO SUE thecorcoranjournal.net FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE CORCORAN JOURNAL DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. The Corcoran Journal MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF LIABILITY

As the thecorcoranjournal.net website includes a place for users to post advertisements and listings of goods and services for sale, you agree that this site merely acts as a conduit for persons to conduct sales and for buyers to purchase sellers' goods. The Corcoran Journal has no control over the quality, safety or legality of the user-posted Submissions, the truth or accuracy of the Submissions, the ability of sellers to sell items or the ability of buyers to buy items. thecorcoranjournal.net cannot and does not control whether or not sellers will complete the sale of items they offer. thecorcoranjournal.net cannot and does not control whether or not buyers will complete the purchase of items they have bid on. Because thecorcoranjournal.net does not and cannot control the action of others, in the event that you have a dispute with one or more buyers or sellers, you hereby release The Corcoran Journal (and our agents and employees and any third party partners and/or licensees of thecorcoranjournal.net) from all claims, demands and damages (actual and consequential) of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such a claim or demand. If you are a resident in a state which restricts the effect of a general release, you hereby waive any such provision to the fullest extent allowable by law and agree that this release of liability shall apply to this agreement to the fullest extent possible.

The information provided on this website is provided "as is" or "as available" and thecorcoranjournal.net makes no representations or warranties, expressed or implied, to any actual or prospective purchaser or owner of any item as to the existence, ownership, or condition of the item or as to the accuracy or completeness of any information about the item contained in this service. You acknowledge that any reliance upon any such materials shall be at your sole risk, and that thecorcoranjournal.net will not be liable in any way for Submissions or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed or otherwise made available through the use of this website..

UNDER NO CIRCUMSTANCES SHALL The Corcoran Journal OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF thecorcoranjournal.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES; The Corcoran Journal's LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

If you are dissatisfied with any portion of the website or the associated services, your sole remedy is to cease using them.

INDEMNITY

You agree to defend, indemnify, and hold harmless The Corcoran Journal and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of this website, any Submissions that you post on this website, your breach of this agreement, or your infringement of the intellectual property rights of third parties.

TERMINATION

The Corcoran Journal reserves the right to terminate your access to the website or to any or all of its services at any time without notice for any reason whatsoever. The Corcoran Journal shall not be held liable to you or any third-party for any termination of your access to this website.

TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, photographs, content and logos appearing in this website are the property of The Corcoran Journal or the party that provided the trademarks, service marks, photographs, content and logos to The Corcoran Journal. The Corcoran Journal and any party that provided trademarks, service marks, and logos to The Corcoran Journal retain all rights with respect to any of their respective trademarks, service marks, photographs, content and logos appearing in this website.

All content on this website whether provided by The Corcoran Journal or through links to Linked Sites is the copyrighted work of The Corcoran Journal and/or the owner(s) of the Linked Sites. Except as stated herein, none of the contents of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of The Corcoran Journal or the owner(s) of the Linked Sites.


GENERAL

This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein. This agreement is governed by, and construed in accordance with the laws of the State of South Dakota, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of South Dakota or, if appropriate, the United States District Court for the District of South Dakota for the resolution of all disputes arising out of or relating to the use of this website and the associated services. thecorcoranjournal.net may assign this agreement, in whole or in part, at any time. This agreement coupled with the thecorcoranjournal.net Privacy Policy constitutes the entire agreement between The Corcoran Journal and the user with respect to this website, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between thecorcoranjournal.net and the user with respect to the website. As such, these terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

The Corcoran Journal's performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of The Corcoran Journal's right to comply with governmental, court and law enforcement requests relating to your use of the website, or information collected by thecorcoranjournal.net in connection with such use.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. thecorcoranjournal.net reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights The Corcoran Journal may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.

All rights not expressly granted herein are reserved exclusively and entirely to The Corcoran Journal.

CONTACT INFORMATION:

Questions about these Terms of Use should be directed to:

Email:[email protected]

Questions about our products should not be directed to this email and will not be replied to.

Please use this contact information only for legal and privacy policy matters. For all other inquiries, refer to the Contact Us section of our home page.

Unless otherwise indicated, all material on this website © 2014 The Corcoran Journal.

All rights reserved.