Last updated October 28, 2015
By accessing and using this Web site at the domain pogopad.com (the "Site") and acknowledging acceptance through the signup button, you explicitly agree to comply with and be bound by the following terms and conditions (the "Terms of Service"). ARN Enterprises LLC may change these terms at any time. Please review these terms and conditions periodically and check the version date for changes. In some cases you may be required to acknowledge acceptance of any such new terms to continue your participation in the PogoPad program.
ARN Enterprises LLC and its subsidiaries and affiliates (collectively, "ARN") provide you with access to this Site and the services available on it, or other Web sites as indicated below (collectively, the "Services"). Access to and use of the Services is governed by these Terms of Service.
The Services include the PogoPad Site. The Services may also be located on third party Web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control.
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Site by third parties (including listing providers and members) are those of the respective author(s) or distributor(s) and not of ARN (the "Third Party Content"). ARN neither endorses nor is responsible for monitoring, reviewing or the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorized ARN employees acting in their official capacities and you agree that you shall have no right of recourse against ARN for any liability arising out of your use (or lack thereof) of such Third Party Content.
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of ARN not to permit materials known by ARN to be infringing to remain on the PogoPad website.You should therefore notify ARN promptly if you believe any materials on the PogoPad website infringe a third party copyright. Upon ARN's receipt of a proper notice of claimed infringement under the Digital Millenium Copyright Act (the "DMCA"), ARN will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.
Each Submission herein is subject to local, state and federal laws, including the federal Fair Housing Act which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination." It is illegal to advertise discriminatory terms or conditions or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national original. ARN will not knowingly accept or permit any advertisement for real estate that is in violation of the law. All Submissions must be made available on an equal opportunity basis.
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2015 ARN Enterprises LLC and/or its licensors. You are granted a limited, non-sublicensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of ARN or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
ARN does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. ARN uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. ARN does assert copyright and reserves all right to the search results and associated compilations.
"PogoPad" and our logos are either trademarks, service marks or registered trademarks of ARN Enterprises LLC or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing "PogoPad" or any other name, trademark, or product name of ARN without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ARN, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and ARN’s names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
The Services includes links to other World Wide Web sites or resources ("External Web Sites"). Because ARN has no control over External Web Sites and resources, you acknowledge and agree that ARN is not responsible for the availability of such External Web Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such External Web Sites or resources. You further acknowledge and agree that ARN shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such External Web Site or resource. Finally, you acknowledge that such External Web Sites usually have their own terms and conditions, including privacy policies, over which ARN has no control and which will govern your rights and obligations with respect to the use of those External Web Sites.
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
IN NO EVENT SHALL ARN, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD ARN HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD, MANIPULATION OR OTHER BREACH OF THESE TERMS BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST ARN ARISING OUT OF YOUR USE OF THE SERVICE OR THE SITE.
These Terms of Service shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. ARN’s failure to exercise or enforce any right or provision of the Terms of Service will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to these Terms of Service or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Hennepin County, Minnesota, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either ARN or you may seek any interim or preliminary relief from a court of competent jurisdiction in the state of, Minnesota, as necessary to protect the rights or property of you or ARN.
ARN may change, add to or delete these Terms of Service or any portion thereof from time to time at its sole discretion.
Any questions about this Terms of Service should be addressed to legal [AT] pogopad.com