Terms of Service
Effective date:
Welcome to the Tomo Real Estate website. This website (the “Site”) and the services provided through the Site (collectively, the "Services") are owned and operated by Moto Real Estate, Inc. d/b/a Tomo Real Estate (or “we” or “us” or “our”). Tomo Real Estate is a wholly-owned subsidiary of Tomo Networks, Inc.
These Terms of Service include the Tomo Real Estate Privacy Policy and state the agreement (“Agreement”) between you and us regarding your use of the Services. This Agreement also provides important information to you, including information about your obligations about content and our limitation of liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement. If you do not accept, then please do not use the Services.
1. Who Can Use the Tomo Real Estate Services
To use the Services, you must be at least 18 years old and a resident of the United States. If you are under the age of 13 years old, you should not be visiting this Site.
2. Intellectual Property Ownership and License
All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by Tomo Real Estate, Tomo Networks, Inc., or are licensed by Tomo Real Estate or Tomo Networks, Inc. for use on the Site.
Tomo Real Estate, the Tomo Real Estate logos and other Tomo Real Estate trademarks, service marks, graphics, and logos used in connection with Tomo Real Estate are trademarks or registered trademarks of Tomo Networks, Inc. or Tomo Real Estate in the U.S. and/or other countries. Tomo Networks, Inc. and Tomo Real Estate also own trade secrets and know-how that contribute to the functionality of the Services.
Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use, or misuse, of the Services or any of their components. You may not use any meta-tags or other hidden text using the Tomo Networks, Inc. or Tomo Real Estate names or trademarks without our specific permission. We may revoke your permission to access and use the Services, and we may block or prevent you from accessing the Services, in our sole discretion without notice. If you violate the Terms of Use, your permission to access and use the Site is automatically revoked.
Except for the limited license granted above, Tomo Networks, Inc. and Tomo Real Estate reserves all of their intellectual property rights in the Services. This Agreement does not grant you any right or license with respect to any trademarks and logos.
3. Registration
If you register with us, you are agreeing to these Terms of Service. You agree to provide accurate, true, current, and complete information about you. The information you provide in connection with the Services will be protected as described in our Tomo Real Estate Privacy Policy. You are responsible for all activities related to the Services that occur through your account and password. You agree to keep your password confidential, not use others' accounts, nor permit others to use your account. We reserve the right to terminate accounts in our sole discretion.
4. How We May Communicate with You
For purposes of responding to you and providing you with information and notices about your account or the Services, you agree that we may communicate with you through the contact information associated with your Tomo Real Estate account, if any, including your email address, telephone number, or the postal address you provided. We have no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. When you request information from us you are extending an express invitation for us to contact you.
5. Third Party Sites
We may include links to third party websites ("Third Party Sites") on the Site. You should review any applicable terms or privacy policy of a Third-Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.
6. Indemnification
You agree to defend, indemnify, and hold harmless Tomo Real Estate, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising out of your violation of this Agreement or use or misuse of the Services or this Site.
7. Disclaimers
TOMO REAL ESTATE PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TOMO REAL ESTATE, TOMO NETWORKS, INC., AND THEIR AGENTS, AFFILIATES AND REPRESENTATIVES DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER Tomo Real Estate NOR TOMO NETWORKS, INC. IS RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. TOMO REAL ESTATE DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, TOMO REAL ESTATE AND TOMO NETWORKS, INC. DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
8. Limitation of Liability
IN NO EVENT WILL TOMO REAL ESTATE, TOMO NETWORKS, INC. OR ANY OF THEIR AGENTS, AFFILIATES OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST TOMO REAL ESTATE, TOMO NETWORKS, INC., THEIR AGENTS, AFFILIATES OR REPRESENTATIVES WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
9. Additional Legal Terms
A. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
B. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Tomo Real Estate services.
C. Amendments to this Agreement. We reserve the right to modify, supplement, or replace the terms of this Agreement at any time, effective prospectively upon posting at tomo.com/terms or notifying you otherwise. For example, we may present a notification on the Services when we have materially amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you find the Agreement unacceptable at any time, you can discontinue your use of the Site and the Services. The most current version of this Agreement will always be available to you by clicking the link at the bottom of the Site.
D. No Waiver. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
E. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
F. International Matters. Tomo Real Estate is controlled and operated from our United States offices in Seattle, Washington. The Services, including software from Tomo Real Estate is further subject to United States export controls. No Services, including software from Tomo Real Estate, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule, or regulation.
G. DMCA Complaint Regarding Copyright Infringement. If you are a copyright holder and believe your work has been used on the Site in a way that constitutes copyright infringement, please contact our Copyright Agent (information below) with the following information: (i) your name, address, phone number, and email address, so that we can reach you; (ii) identification of the copyrighted work(s) you believe to be infringed; (iii) identification of the material on the Sites you believe is infringing, including a location description (e.g., a URL); (iv) a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the information you provided is accurate; (v) a statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a physical or electronic signature. Send your infringement notices to:
Tomo Real Estate
Attn: Legal Department
legal@tomonetworks.com
1424 11th Ave, Suite 201
Seattle, WA 98122
If you believe in good faith that a claim has been wrongly made against you, the Digital Millennium Copyright Act permits you to submit a counter-notification to Tomo Real Estate. Your counter-notification must be in writing and sent to our Copyright Agent, whose address is above. Your counter-notification must contain the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which Tomo Real Estate may be found, and that you will accept service of process from the person who notified Tomo Real Estate of the alleged infringement or an agent of such person.
We expect all users of any part of the Services to comply with applicable copyright laws.
10. Governing Law
You agree that this Agreement will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. Except as otherwise provided herein, You agree that any action at law or in equity arising out of or relating to these this Agreement or the use of this website shall be filed only in the state or federal courts located in King County, Washington, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
11. Contact Us
If you have questions about this Agreement or the Site, please call us at (404) 738-5385.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TOMO REAL ESTATE.
All information is intended only for the registrant’s personal, non-commercial use.