Terms of Service

Please read the following carefully before using this site or obtaining services through this site. By using the services of www.aboveproperty.com (“Service”), the web site of Above Property, LLC (“Above Property”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Use of the Service is also subject to our Privacy Policy. By using the Service, you are agreeing to be bound by the terms and conditions in our privacy policy. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

If you violate the letter or spirit of the Terms of Service, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Service to you.

BASIC TERMS

1. You must be 18 years or older to use this Service.
2. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. You may not use the Service to make false, fraudulent or speculative offers or claims.
4. You must not abuse, harass, threaten, impersonate or intimidate any Above Property user, employee, member, or officer.
5. We reserve the right to refuse access to the Service to anyone for any reason at any time.

MODIFICATIONS TO THE SERVICE

1. We reserve the right at any time and from time to time to update, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

2. We reserve the right to alter the Terms of Service at any time.
3. Continued use of the Service by you after any update or change shall constitute your consent to, and acceptance of, the update or change.
4. Above Property shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

COPYRIGHT AND CONTENT OWNERSHIP

1. The look and feel of the Service is copyright©2015 Above Property, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without the express written permission of Above Property.
2. Your use of the Above Property web site and the Service of Above Property does not grant you any license or right to use any of the marks included in our web site.

INDEMNIFICATION/WARRANTY DISCLAIMER

1. If anyone brings a claim against us related to your actions, information on Above Property, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

2. WE TRY TO KEEP WWW.ABOVEPROPERTY.COM UP, BUG-FREE, AND SAFE, BUT YOU USE THIS WEB SITE AND THE SERVICE AT YOUR OWN RISK. WE ARE PROVIDING WWW.ABOVEPROPERTY.COM AND THE SERVICE “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND/OR WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE DO NOT GUARANTEE THAT WWW.ABOVEPROPERTY.COM OR THE SERVICE WILL BE SAFE, SECURE OR ACCURATE. ABOVE PROPERTY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE ABOVE PROPERTY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
3. ABOVE PROPERTY DOES NOT WARRANT THAT (i) THE WWW.ABOVEPROPERTY.COM AND/OR THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) WWW.ABOVEPROPERTY.COM AND/OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WWW.ABOVEPROPERTY.COM AND/OR THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH WWW.ABOVEPROPERTY.COM AND/OR THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS ON WWW.ABOVEPROPERTY.COM OR IN THE SERVICE WILL BE CORRECTED.

LIMITATION OF LIABILITY

1. Above Property, together with our officers, directors, employees, representatives, affiliates, and providers, shall not be responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Above Property has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use www.aboveproperty.com and/or the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from aboveproperty.com and/or the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on aboveproperty.com and/or the Service; (v) or any other matter relating to aboveproperty.com and/or the Service.

2. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

GENERAL CONDITIONS

1. You acknowledge and agree that Above Property uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

2. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Above Property, or any other Above Property service.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Above Property.
4. You acknowledge and agree that the technical processing and transmission of the Service, including your e-mail messages, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
6. You must not transmit any worms or viruses or any code of a destructive nature.
7. You may not use any device, software or routine that interferes or attempts to interfere with the normal operation of the Service or take any action that imposes an unreasonable load on our equipment.
8. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Above Property) of other Above Property customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
9. The failure of Above Property to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
10. The Terms of Service constitutes the entire agreement between you and Above Property and govern your use of www.aboveproperty.com and the Service, superseding any prior agreements between you and Above Property (including, but not limited to, any prior versions of the Terms of Service).
11. We always appreciate your feedback or other suggestions about Above Property, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
12. Questions about the Terms of Service should be sent to support at http://aboveproperty.com.