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BYOWNERMOVES IMPORTANT-PLEASE READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND S R EQUITIES, INC. D/B/.COM REGARDING THE BYOWNERMOVES (THE "WEB SITE"). AS USED HEREIN, "WE", "US", "OUR";, AND "BYOWNERMOVES" SHALL MEAN S R EQUITIES, INC. D/B/A BYOWNERMOVES; "YOU" AND "YOUR" SHALL MEAN THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT REGISTERS FOR OR USES THE WEB SITE.
BY VISITING OR USING ANY OF S R EQUITIES WEB SITES (Including, but not limited to ByOwnerMoves.com), OR ANY PAGE WITHIN THE S R EQUITIES, EXCEPT THIS PAGE AND HOME PAGES OF THE BYOWNERMOVES WEB SITES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND S R EQUITIES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY OF THE S R EQUITIES OR BYOWNERMOVES WEB SITES.
IF YOUR COMPANY/EMPLOYER HAS ENTERED INTO A SALES OR OTHER AGREEMENT WITH BYOWNERMOVES (THE "SALES AGREEMENT"), YOU WILL BE BOUND BY APPLICABLE ADDITIONAL TERMS CONTAINED IN THE SALES AGREEMENT. IF ANY TERMS OF THE SALES AGREEMENT CONFLICT WITH THE TERMS OF THIS AGREEMENT, THE TERMS OF THE SALES AGREEMENT SHALL GOVERN. |
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1. THE INFORMATION PROVIDED ON THIS WEBSITE WAS OBTAINED FROM THE SELLERS OF THE ADVERTISED PROPERTIES. AS SUCH, BYOWNERMOVES MAKES TO REPRESENTATION AS TO THE ACCURACY OF THE INFORMATION CONTAINED ON EACH ADVERTISEMENT. IT IS RECOMMENDED THAT ALL INFORMATION SHOULD BE VERIFIED BEFORE ENTERING INTO ANY TRANSACTION REGARDING ANY OF THE PROPERTIES FOUND ON BYOWNERMOVES .
1.2 THIRD PARTY CONTENT AND MONITORING
We are a distributor (and not a publisher) of Content supplied by third parties and users of the Services. Accordingly, we have no editorial control over such Content. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of BYOWNERMOVES. . We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the BYOWNERMOVES by such parties. We have the right, but not the obligation, to monitor and review the Content on the BYOWNERMOVES and provided through use of the Services and your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes. You understand and acknowledge that we do not pre-screen or monitor Content for accuracy or reliability, but that we and our designees shall have the right (but not the obligation) in our sole discretion to remove any Content from the Services, without liability to you for any reason. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms that we believe may create liability for us, or that we deem otherwise objectionable. |
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2. GENERAL USE PROVISIONS. All materials provided on the Web Site, including information, documents, products, logos, graphics, sounds, images, Software (as further defined below) and services (hereinafter, "Materials"), are provided either by BYOWNERMOVES or by its respective third party manufacturers, authors, developers, licensors and vendors ("Third Party Providers") and are the work of BYOWNERMOVES and/or its Third Party Providers. As used herein, the term "Materials" shall not include the Data provided by and generated by you as referenced in Section 5, below. Third Party Providers are intended third party beneficiaries of this Agreement and may enforce the terms of this Agreement against you.
2.2 Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred, assigned or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of BYOWNERMOVES or the appropriate Third Party Provider. Except where expressly provided otherwise by BYOWNERMOVES, nothing on the Web Site shall be construed to confer any license to any of BYOWNERMOVES or any Third Party Provider's intellectual property rights, whether by estoppels, implication, or otherwise.
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3. LINKS TO THIRD PARTY SITES; THIRD PARTY INTERACTION.
3.1 The Web Site may contain links to web sites controlled by parties other than BYOWNERMOVES. BYOWNERMOVES is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such sites. BYOWNERMOVES is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BYOWNERMOVES of the linked web site, notwithstanding the inclusion on such site of the trademarks of BYOWNERMOVES or its Third Party Providers. It is your responsibility to take precautions to ensure that whatever materials you select for your use are sufficient for your purposes and are free of viruses or other items of a destructive nature.
3.2 Materials provided by the Third Party Providers on this Web Site have not been independently reviewed, tested, certified, or authenticated in whole or in part by BYOWNERMOVES. BYOWNERMOVES COM does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by BYOWNERMOVES. Any correspondence with, purchase of goods or services from, participation in third party promotions of such Third Party Providers is solely between you and the applicable Third Party Provider. |
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4. SOFTWARE USE RESTRICTIONS.
4.1 Any software that may be made available to download from the Web Site ("Software") is the work of BYOWNERMOVES and/or Third Party Providers. Use of the Software is governed by this Agreement, including the terms set forth in this Section ("Software Use Restrictions"). For purposes of this Agreement, "Software" also includes the third party computer software and/or materials provided with or incorporated into the Software, and any related materials or documentation thereto.
4.2 If Software is made available to you for download from the Web Site, you may (a) install and use one copy of the Software for use by you; (b) use the third party computer software provided with or incorporated into the Software, and any related materials or documentations thereto, only in connection with the individual software programs for which they are licensed and solely for purposes of installing or operating the Software in accordance with the standard documentation accompanying the Software; (c) make one copy of the Software in machine - readable form solely for back - up purposes; and (d) make an additional copy of the Software so that the Software may be used on both one desktop computer and one notebook or portable computer, provided that the Software is used only by you on only one computer at any given time. You must reproduce all proprietary notices on all copies you make. If you are provided with any upgrades or new versions of the Software, you shall promptly replace, cease using and destroy all superseded copies.
4.3 You and anyone acting on your behalf may not (a) modify, adapt, translate, reverse engineer, decompile, disassemble, derive source code, create derivative works based on, or copy the Software (except as stated above) or the accompanying documentation, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (b) rent, sublicense, loan, transfer, provide, display, distribute, or grant any rights in the Software in any form; (c) use the Software for any propose other than to support your own use; (d) use the third party computer software or materials provided with or incorporated in the Software as stand alone applications or other than with the individual software programs for which they are licensed; (e) remove any proprietary notices, labels, or marks in or on the Software; (f) use the Software on any unsupported platform; or (g) use, copy, modify, or transfer the Software or any copy, in whole or in part, except as expressly provided in this Agreement.
4.4 Title to the Software and any copies thereof, are owned by and remain with BYOWNERMOVES and/or its Third Party Providers. |
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5. USER DATA
5.1 BYOWNERMOVES COM does not own any Data that you post onto your user account, unless we specifically tell you otherwise beforehand. For the purpose of this Agreement, "Data" means information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posed or privately transmitted. BYOWNERMOVES will not monitor or disclose any information regarding you or your account, including any of your Data, without your prior permission except in accordance with this Agreement and the BYOWNERMOVES Privacy Policy. BYOWNERMOVES may access your account to respond to support related issues.
5.2 If a dispute arises regarding the rights to access to a user account, BYOWNERMOVES at its sole discretion, may give access to an authorized officer of the company listed as the employer of the primary contact upon written request from such an officer on company letterhead or, among other options, withhold disclosure of the user account information to any person until it receives an order of the court. If the named company on a user account is not a legal entity, BYOWNERMOVES may presume that the primary contact named on the user account is the only person authorized to access the account.
5.3 You, and not BYOWNERMOVES, are responsible for all Data that you upload, post, e-mail, or otherwise transmit via the Web Site. BYOWNERMOVES does not control the Data posted via the Web Site and, as such, does not guarantee the accuracy, integrity or quality of such Data. Under no circumstances will BYOWNERMOVES be liable in any way for any Data, including any errors or omissions in any Data, or for any loss or damage of any kind incurred as a result of the use of any Data posted, emailed, or otherwise transmitted via the Web Site.
5.4 BYOWNERMOVES reserves the right to establish or modify general practices and limits concerning use of the Web Site, including, without limitation, the maximum number of days that Data will be retained in any particular section of the Web Site, and the maximum disk space that will be allotted on BYOWNERMOVES servers on your behalf. |
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6. SUBMISSIONS. Except where expressly provided otherwise by BYOWNERMOVES, all comments, feedback, information or materials regarding the Web Site that are submitted to BYOWNERMOVES ("Submissions") shall be considered BYOWNERMOVES property. By providing such Submissions to BYOWNERMOVES, you agree to BYOWNERMOVES, at no charge, all worldwide rights, title, and interest in copyrights and other intellectual property rights to the Submissions. You acknowledge that you are responsible for the Submissions that you provide, and that you, not BYOWNERMOVES, have full responsibility for the Submissions. |
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7. USER CONDUCT.
7.1 You agree not to use the Web Site to:
(a) Upload, post, email, or otherwise transmit any Data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) Harm minors in any way; (c) Impersonate any person or entity, including a BYOWNERMOVES official, or otherwise misrepresent your affiliation with a person or entity; (d) Upload, post, email, or otherwise transmit any Data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) Upload, post, email, or otherwise transmit any Data that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party; (f) Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (g) Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; (h) Interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey the requirements, procedures, policies, or regulations of networks connected to the Web Site; (i) Intentionally or unintentionally violate any applicable local, state, national, or international law; (j) Provide inaccurate, incomplete, outdated, or misleading registration information; or (k) Attempt to gain unauthorized access to the Materials, other users' accounts or account information, or other computer systems, servers or networks connected to the Materials or any portion thereof.
7.2 In addition to the prohibitions contained in Section 7.1, you shall not use the names of BYOWNERMOVES or any Third Party Provider to promote your business or services in any manner, including in the sending of unsolicited email.
7.3 You acknowledge that BYOWNERMOVES does not pre-screen Data, but that BYOWNERMOVES and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Data that is available via the Web Site. Without limiting the foregoing, BYOWNERMOVES and its designees shall have the right to remove any Data that BYOWNERMOVES, in its sole discretion, determines to be objectionable, or otherwise in violation of this Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Data, including any reliance on the accuracy, completeness, or usefulness of such Data |
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8. TERMINATION.
8.1 The license granted to you under this Agreement shall terminate automatically without notice immediately upon the termination of this Agreement, or upon the breach of any of the terms of this Agreement by you or by any person or entity acting on your behalf, including the failure to make any required payments on a timely basis.
8.2 BYOWNERMOVES may terminate this Agreement for any or no reason effective upon written notice. You may cancel this Agreement at any time for any or no reason subject to BYOWNERMOVES receipt of (i) your payment for the remainder of the term of this Agreement (See Section 10.3), and (II) all applicable cancellation fees, if any. In order to cancel this Agreement, you agree to complete the cancellation process by accessing the Web Site through your user account and following the instructions for cancellation provided on the Web Site.
8.3 Upon termination under Sections 8.1 and 8.2, above (i) you must immediately cease using the Materials, (ii) all of the rights granted to you hereunder shall immediately cease, and (iii) you must promptly destroy or erase all copies (including back - up copies) of the Materials.
8.4 Provided that you are not in breach of this Agreement, upon termination of this Agreement by BYOWNERMOVES , BYOWNERMOVES will (a) refund any prepaid charges for the remaining whole months left in the term of your subscription, starting within one month of the termination; and (b) make available a file of your Data for thirty (30) days after termination. Except for the foregoing, BYOWNERMOVES shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
8.5 Except as otherwise expressly provided for herein, the terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the expiration or termination of this Agreement shall so survive the expiration or termination of this Agreement. |
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| 9. PRIVACY POLICY. You herby acknowledge and accept the BYOWNERMOVES Privacy Policy as provided on the Web Site, which Policy may be revised from time to time. |
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10 This Agreement is governed by the laws of the State of New York. You agree that the Supreme Court of Putnam County is designated as the Court to which any and all claims under this agreement shall be determined. In the event that any litigation arises out of the relationship between you and BYOWNERMOVES, you shall be responsible for the costs of BYOWNERMOVES, including, but not limited to, reasonable attorneys' fees, in addition to such other and further relief granted by the court. |
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11. DISCLAIMER. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY MYEZFOLLOWUP.COM THE MATERIALS ON THE WEB SITE, INCLUDING BUT NOT LIMITED TO SOFTWARE, ARE PROVIDED "AS IS', AND ARE FOR COMMERCIAL USE ONLY. WITH REGARD TO SUCH MATERIALS, BYOWNERMOVES AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING USE OR PERFORMANCE, AND HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID, MYEZFOLLOWUP.COM AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE MATERIALS. BYOWNERMOVES, AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY FOR ANY VIRUSES RELATED TO THE MATERIALS, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BYOWNERMOVES AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT (A) THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE MATERIALS WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA; (C) THE OPERATION OR USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; OR (D) ANY PROGRAM ERRORS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. BYOWNERMOVES, AND THE THIRD PARTY PROVIDERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE. |
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12. LIMITATION OF LIABILITY. BYOWNERMOVES AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL BYOWNERMOVES OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY MATERIALS AVAILABLE FROM THE WEB SITE, EVEN IF BYOWNERMOVES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST MYEZFOLLOWUP.COM FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, LOST PROFITS, OR LOST OPPORTUNITIES RESULTING FROM THE USE OF THE MATERIALS. WITHOUT DIMINISHING THE GENERALITY OF THE FOREGOING, IN NO CASE SHALL MYEZFOLLOWUP.COM'S LIABILITY TO YOU UNDER ANY CAUSE OF ACTION EXCEED THE TOTAL AMOUNT THAT YOU HAVE PAID TO BYOWNERMOVES FOR MATERIALS DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CAUSE OF ACTION. |
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| 13. INDEMNITY. You agree to indemnify and hold BYOWNERMOVES and the Third Party Providers harmless from, and you covenant not to sue BYOWNERMOVES or Third Party Providers for, any claims based on or related to (a) your negligence, error, omission, willful misconduct, Data or Submissions, (b) your breach of any terms of this Agreement, (c) any claim by a third party that BYOWNERMOVES, due to your use of or inability to use the Materials, is liable for contributory infringement of a copyright, patent, trade secret, or other proprietary right of a third party, (d) any claim by a third party that BYOWNERMOVES, due to your use of or inability to use the materials, is liable for contributory infringement of a copyright, patent, trade secret, or other proprietary right of a third party, (d) any claim by a third party that BYOWNERMOVES, due to your use of or inability to use the materials, is liable to a third party in tort or under statutory liability, including, without limitation, defamation, invasion of privacy, spamming or similar theories of law, (e) your use of the Web Site or the Materials, except to the extent due to BYOWNERMOVES'S gross negligence or willful misconduct. |
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14. MODIFICATIONS. BYOWNERMOVES and the Third Party Providers may make improvements and/or changes in the products, services, Software, and prices (subject to the terms of the User Agreement, if any) described in this Agreement or on the Web Site at any time without notice. BYOWNERMOVES may make changes to the terms and conditions of the Privacy Policy or other policies relating to the usage of the Web Site at any time and shall, whenever possible, notify you by posting an updated version of the policies on the Web Site in advance of such a change. You are responsible for regularly reviewing the policies. Your continued use of the Web Site after any such changes constitutes your consent to such changes. |
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15. NOTICE. BYOWNERMOVES may give notice by means of a general notice on the Web Site, electronic mail to your e-mail address on record in BYOWNERMOVES account information, or by written communication sent by first class mail to your address on record with ByOwnerMoves.com's account information. Except for cancellation notices which must be delivered in accordance with Section 8.2 of this Agreement, you may give notice to ByOwnerMoves.com (such notice shall be deemed given when received by ByOwnerMoves.com) at any time by any of the following: electronic mail to
____________@ ByOwnerMoves.com or letter delivered by nationally recognized overnight delivery service or first class
postage to ByOwnerMoves.com at ByOwnerMoves.com _____________________________________________. |
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| 16. GENERAL. This Agreement and the Web Site may include inaccuracies or typographical errors. The section headings are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. As used in this Agreement, the word "including" means "including but not limited to." No joint venture, partnership, employment, or agency relationship exists between you and ByOwnerMoves.com as a result of this Agreement or through the use of the Web Site. No alteration, amendment, or modification of any of the provisions of this Agreement shall be binding unless made in writing with express reference to this Agreement, and signed by duly authorized representatives of each party. The failure of ByOwnerMoves.com to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ByOwnerMoves.com in writing. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and remaining provisions will remain in full force and effect. ByOwnerMoves.com shall not be liable for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including acts or omissions of government or military authorities, acts of God, shortages of materials, transportation delays, earthquakes, fires, floods, labor disturbances, riots or war. This Agreement and any Sales Agreement represent the entire understanding relating to the use of the Web Site and prevails over any prior or contemporaneous, conflicting, or additional communications, including statements on the Web Site. ByOwnerMoves.com has the right to assign or transfer this Agreement to a third party which acquires substantially all of the assets of ByOwnerMoves.com connected with the Web Site. You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations, or any interest in or under this Agreement without BYOWNERMOVES 's prior written consent and any attempted assignment will be void. A merger or other acquisition by a third party will be treated as an assignment. |
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17. INTELLECTUAL PROPERTY NOTICES. You hereby acknowledge the following proprietary notices and legends: Elements of the Web Site are protected by intellectual and industrial property laws and may not be copied, imitated in whole or in part except as provided in this Agreement. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by ByOwnerMoves.com. |
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