The submission of information to, and use of, the real estate and business listing service ("Service") available through the Circumlocation web sites is subject to the following terms and conditions. BY CLICKING ON THE "Become A Member" BUTTON or by submitting information to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Circumlocation, Inc. ("CI"). If you do not agree to these Terms and Conditions, click on the "Cancel" button and do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Licensing, Circumlocation, Inc., 834 Griegos Rd. NW, Albuquerque, NM 87107. Customer shall not submit any property descriptions, photographs, financial, contact or other information ("Listings") to the web site unless (i) Customer has received all necessary rights and authorizations, including without limitation from the owner of the property listed, any necessary agents or brokers, the author of the Listing, including the photographer and/or copyright owner of any photographs, as applicable, to publish and advertise the Listing as part of the Service and allow the Listing to be accessed, downloaded and copied by users of the Service; and (ii) the Listing is accurate and Customer agrees to administer the Listing and maintain its accuracy at all times. Customer represents, warrants and covenants that the foregoing is correct at the time of submission and will remain correct as long as the Listing is used in connection with the Service. The management of Circumlocation, Inc. retains the sole right to determine the acceptability of material for publication on this site. Any text, data, photos, graphics, links, or other material of any nature that are deemed to be indecent, obscene, or unsuitable to the purpose of the site, or that are subject to any dispute regarding copyright or trademark infringement will be immediately deleted from the site by the site administrator. CUSTOMER WILL INDEMNIFY AND HOLD HARMLESS CI, AT CUSTOMERS SOLE EXPENSE, AGAINST ANY CLAIM, ACTION, LEGAL PROCEEDING, DAMAGES, LIABILITY, SETTLEMENTS, EXPENSES (INCLUDING ATTORNEYS' FEES) AND OTHER COSTS ARISING OUT OF OR RELATING TO (i) BREACH OF THESE TERMS AND CONDITIONS, (ii) NEGLIGENCE OR MISCONDUCT BY CUSTOMER OR (iii) A CLAIM THAT A LISTING OR OTHER INFORMATION PROVIDED BY CUSTOMER INFRINGES THE COPYRIGHT, TRADEMARK, TRADE SECRET, PATENT OR OTHER PROPRIETARY RIGHT OF A THIRD PARTY. Customer agrees to treat all information and Listings obtained from the Service as proprietary to CI. Customer agrees that information and Listings reserved for members will be maintained as confidential and shall be protected as a trade secret of CI. CI does not ensure the accuracy of, endorse or recommend any Listings and Customer uses such Listings at its own risk. Customer may access the Listings solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access and use of Listings to personal and internal use, and shall not use Listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works. Customer shall not use or reproduce Listings obtained from the Service for or in connection with any other listing service or device. THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CI MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND CI SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Customer agrees that CI shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the world wide web for unrestricted use by customers. CI shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. CI shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. CI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF THE SERVICE SHALL BE LIMITED TO THE GREATER OF (i) TWENTY FIVE DOLLARS ($25), OR (ii) AMOUNTS, IF ANY, ACTUALLY RECEIVED BY Cl FROM CUSTOMER FOR THE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD. IN NO EVENT SHALL Cl HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THE SERVICE OR LISTINGS, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF Cl HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. These Terms and Conditions shall be governed by and construed under the laws of the State of New Mexico without reference to conflict of laws principles. These Terms and Conditions are deemed entered into in Albuquerque, New Mexico, USA. All disputes arising out of or related to these Terms and Conditions or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Bernalillo County, New Mexico, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Circumlocation, Inc. makes no guarantees or warranties, expressed or implied, as to the effectiveness of this site as an advertising medium, and will make no refunds of subscription or advertising fees except in the following two cases: (i) In cases where site administrator has deleted as unsuitable an ad, page, listing or other material, the advertiser or subscriber may choose either to submit new and acceptable material, or to receive a full refund. (ii) If, at any time, the server should be down for a period exceeding 5% of the subscriber's contract or advertising period, upon request within 90 days by the subscriber or advertiser, CircumLoaction Inc. will make a prorated refund to the subscriber or advertiser, based on the percentage of the period during which service was unavailable. This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these Terms and Conditions shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.