Community Video Network, Inc. - Relocate.org - TERMS OF USE

Introduction

Relocate.org is a free online resource providing informative videos, links, and other valuable content on thousands of communities across the United States and beyond. Relocate.org generates qualified leads to its affiliates, partners and commercial users through an extensive advertisement and linkage campaign targeting the highest rated local and regional pre-mover specific Web sites. It also offers private non-commercial users the ability to research data and content as well as have instant access to community videos, many of which contain information endorsed by and featuring elected officials and community leaders.

Relocate.org is owned and operated by the Community Video Network, Inc. ("CVN"), a New York corporation and subsidiary of CGI Communications, Inc. ("CGI"). When the terms "we", "us", "our", "CVN" or "relocate.org" are used in these Terms of Use and the accompanying Privacy Policy, they mean the Community Video Network, Inc. and its owners, directors, officers, employees and agents.

Consent to Terms

Please read these Terms of Use (the "Terms") before using www.relocate.org (the "Site") or any features of the Site ("Services") (collectively, the "Network"). By using the Network, you agree to accept, comply and be bound by these Terms and the Privacy Policy. These Terms constitute a binding contract between you and us. If you do not agree with these Terms of Use and the Privacy Policy, please leave this Site and do not use any of its Services or features.

Please check the Terms and Privacy Policy frequently for any updates. We reserve the right to modify, add or delete these Terms at any time and at our discretion. Any such modifications, additions or deletions shall be effective immediately upon posting. Your continued use after the posting of updated Terms and/or Privacy Guidelines constitutes your acceptance and agreement to abide by them.

If you breach any of these Terms of Use, your authorization to access or use this Site and Services automatically terminates.

Additional terms may govern use of certain Web sites, services, Web pages, profiles, and submissions. Any such terms are posted in connection therewith and are in addition to these Terms. In the event that any provision, term or guideline contained in the additional terms conflicts with these Terms, they shall control and prevail over these Terms, except with respect to the General Terms set forth below, which shall at all times control.

Content

To connect with our Site you must provide at your own expense the equipment and internet connections needed for access.

Relocate.org includes a combination of content created by us, our partners and third parties. All materials on our Site are protected by our copyrights, trademarks and/or those of our partners and third parties. Unless expressly authorized by us in writing you may not modify, publish, transmit, reproduce, sell, create derivative works of, or in any way exploit the materials or content of this Site in whole or in part.

We do not and cannot guarantee the accuracy, quality, or reliability of any content on our Site and you are not to rely on it. All content on Relocate.org or the Network is transmitted or linked and is the sole responsibility of the person who created or caused it to originate. We cannot be responsible for links to third-party Web sites from Relocate.org and cannot prevent or be responsible for content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.

We have no duty to prescreen content, but we have the right to refuse or to edit content. We reserve the right to remove content for any reason, at any time, but are not responsible for the delay in the removal of any content. We may discontinue, modify, delete, or feature any service, content, linkage or network on the Site at any time without notice.

License and Access for General, Non-Commercial Use of Relocate.org

CVN hereby grants you a limited, revocable, nonexclusive paid in full license to access the Network through Relocate.org for your own personal and non-commercial use. You agree to access or use our Services for solely legal purposes which are in compliance with these Terms.

Linking Policy

If you would like to link to the Relocate.org Web site, you must comply with these Terms of Use and the Linking Policy guidelines at www.relocate.org/corp/ltous.php.

Limitations

Except with the express written permission of CVN you agree not to change, damage, disable, or overburden or impair our Network or interfere with any other party's use of our Site or Services.

You may not obtain or attempt to obtain or procure any materials or information through any means not authorized by us or made readily accessible by us through Relocate.org.

You also agree that you will not access or attempt to access password protected, secure, or non-public areas of our Network.

You may not make available any files containing content where you do not own or control, have not obtained our prior written consent or have not received the necessary licenses to all Intellectual Property, rights of privacy and publicity and all other rights to such content.

You may not disrupt security, interfere or disrupt others from using the Site or Network; breach any guidelines or applicable codes of conduct; transmit unsolicited or bulk communications; impersonate any business, person or entity; collect, compile use or download information about other users; or post, submit, or cause any indecent, inflammatory, racist, excessively violent, or otherwise objectionable content.

Third Parties

You acknowledge that Relocate.org does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of the Network is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on Relocate.org or the Network, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.

Intellectual Property Rights

For purposes of these Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Relocate.org and the Network, excluding items licensed by us from third parties, and that you shall not acquire any right, title, or interest in or to the Network except as expressly set forth in these Terms.

Disclaimer

You expressly understand and agree that:

A) RELOCATE.ORG MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ITS SITE, NETWORK, OR CONTENT, WHICH IS PROVIDED FOR USE "AS IS" AND "AS AVAILABLE".

B) RELOCATE.ORG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ITS SITE, SERVICES, NETWORK AND ANY WEB SITE WITH WHICH IT IS LINKED. RELOCATE.ORG DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON ITS SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT RELOCATE.ORG, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF RELOCATE.ORG OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON RELOCATE.ORG IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

C) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL RELOCATE.ORG BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON OUR SITE OR NETWORK, EVEN IF WE OR OUR AGENT OR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING RELOCATE.ORG.

D) BY ACCESSING RELOCATE.ORG AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Indemnification

By using Relocate.org, you agree to indemnify, defend and hold us harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on Relocate.org; or (3) any material uploaded by you or through your computer to Relocate.org or otherwise sent by you to Relocate.org. You will cooperate as fully and reasonably as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Dispute Resolution

If a dispute arises between you and us, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you agree to resolve any claim or controversy at law or in equity that arises from or relates to this Agreement or our Service or Network (a "Claim") in accordance with the laws of the State of new York, applicable to contracts made and wholly performed in New York without regard to any conflict of law principles. The exclusive jurisdiction for any litigation arising out of these Terms shall be vested in the state or federal courts of Monroe County, New York, and such jurisdiction shall be over the parties and the subject matter. The prevailing party shall be entitled to attorneys' fees and costs of litigation and investigation.

You acknowledge that your breach of service/license restrictions contained herein may cause irreparable harm to us, the extent of which would be difficult to ascertain.

Accordingly, you agree that, in addition to any other remedies to which we may be legally entitled, we shall have the right to seek immediate injunctive relief in the event of a breach of such sections by you or any of your officers, employees, consultants or other agents, if applicable.

Digital Millennium Copyright Act

We respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and information, please see www.relocate.org/corp/comment.php.

Termination of Service

You agree that we, in our sole discretion, have the right to terminate your service and deactivate your account, if any, or to remove any material, block your IP address or otherwise terminate your access to Relocate.org or to use of its Site or Network. You further agree that we shall not be liable to you or any third party for any termination of your access to the Network.

THESE TERMS OF USE ALONG WITH THE LINKING POLICY (IF APPLICABLE) CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH REPECT TO THE SUBJECT MATTER HEREOF.

THESE TERMS, IF IN CONFLICT WITH ANY COLLATERAL TERMS, ARE ONLY SUPERCEDED BY WRITTEN INSTRUMENT AUTHORIZED AND DULY SIGNED BY AN AUTHORIZED AGENT OF RELOCATE.ORG.