Aumnia Terms of Service
 

September 29, 2008

Welcome to the www.aumnia.com www.aumnia.com website, www.minilistings.com website, and all associated sub-domains (the "Sites") (we refer to the Sites and the services provided through the Sites, collectively, as the "Aumnia Features"). These Terms of Service ("Terms of Service") set forth an agreement between you and Aumnia, Inc. ("Aumnia") governing your use of the Aumnia Features.

By using any of the Aumnia Features, or by creating a user account, you signify your irrevocable acceptance of these Terms of Service. You may only use the Aumnia Features and/or open an account if your acceptance of these Terms of Service is not prohibited by applicable law. If you are younger than 18 years old, you must get permission from a parent or guardian to open an account and your parent or guardian must agree to these Terms of Service. If you do not agree to these Terms of Service, then do not use any of the Aumnia Features.

Aumnia has the right to modify or update these Terms of Service at any time without providing notice. Any additional or different terms in these Terms of Service shall be effective upon being posted on the Sites. Your continued use of any of the Aumnia Features following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of those additional or different terms.

Aumnia reserves the right to add, change, modify, suspend or discontinue all or any of the Aumnia Features, in its sole discretion, at any time. Unless expressly stated otherwise, the use of any new Aumnia Features, including the availability of new services or products through the Sites, shall be subject to these Terms of Service. In addition, Aumnia may also impose limits on any of the Aumnia Features or restrict your access to portions of or the entire Sites in its sole discretion without notice or liability. Aumnia reserves the right to refuse to provide you with access to any of the Aumnia Features or to allow you to create a user account for any reason.

Proprietary Rights
You acknowledge and agree that Aumnia, and its licensors, retain all right, title and interest in and to all data and information (excluding data and information that you provide), content and materials provided on the Sites (including, without limitation, text, images, graphics, page headers, Aumnia's trademark and logo, the selection and arrangement of elements displayed on the Sites, the compilation of all content and materials on the Sites and the business process, procedures, methods and techniques used in the Aumnia Features) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world ("Intellectual Property").

Limited License
Aumnia grants you a limited license to access and use the Aumnia Features for your personal (or your company's) use in connection with the services you have selected from Aumnia, subject to all of the terms and conditions of these terms of Service. It is your responsibility to review these Terms of Service periodically. You may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual element provided on the Sites, (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, link to, publicly display or perform, or in any way exploit any content, materials or individual element provided on the Sites without Aumnia's prior written consent, (iii) except as set forth in any other agreement regarding the Aumnia Features between you and Aumnia, make any commercial use or any derivative use of any of the Aumnia Features or any of the content, materials or individual element provided on the Sites, (iv) frame or utilize framing techniques to enclose any content, materials or individual element provided on the Sites or create a link to the Sites accessing such content, materials or element without Aumnia's prior written consent, (v) use any circumvention tools or any metatags or other hidden text utilizing Aumnia's name, trademark, URL or the name of any of the Aumnia Features without Aumnia's prior written consent, or (vi) disassemble, decompile or reverse engineer any of the materials or underlying software made available on or through the Sites or used to provide any of the Aumnia Features.

Privacy
All information about you including your Registration Information and any information stored or transmitted in any way on the Sites or through the use of the Aumnia Features is subject to Aumnia's Privacy Policy (http://www.aumnia.com/privacy.html).

Accounts and Security
To use certain Aumnia Features, you will be directed to register with the Sites and create a user account or otherwise provide Aumnia with certain information about yourself and your company (if applicable). By submitting your information through the Sites, you grant Aumnia a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Aumnia's operation of the Sites and/or performance of the Aumnia Features for you. As part of the registration process, you will be asked to submit your email address and to select a password. You agree that all information you provide to Aumnia for purposes of creating an account ("Registration Information") will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of these Terms of Service and may result in the immediate termination of your account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete, (ii) maintain the confidentiality of your password, or (iii) properly exit from your account at the end of each session.

You shall not (a) select or use the email address or screen name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or screen name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your account and/or password.

You agree to immediately notify Aumnia of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. Aumnia is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

Mobile Usage
Aumnia's sites and services may be accessed via mobile devices, including SMS text messaging. You may incur charges to your mobile phone account, including standard text messaging or data plan rates, in connection with your use of certain Aumnia Features, and agree that you are solely responsible for such charges. Aumnia is not responsible for any third party charges arising from your use of the Aumnia Features. Below is a summary of Aumnia's mobile usage guidelines:

  • Pricing: "Std/other charges may apply."
  • How to Opt-out: "To opt-out from our SMS service, you can text "STOP" to 32773 from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately. You will not receive any additional messages until you re-register on our website or submit another query request to our service."
  • How to get help or support: "To get help, email us at support@aumnia.com , or call our toll free number at 1-866-580-7389. From your mobile phone, you may request our contact information at any time by texting HELP to 32773.
  • List of supported carriers: AT&T, Verizon Wireless, T-Mobile, U.S. Cellular, Sprint, Nextel, Boost, Alltel, Virgin, nTelos, Cellcom, Rural, Immix, Eastern Kentucky, Dobson, Cincinnati Bell, Metro PCS.

Use of the Aumnia Features
You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Aumnia Features. Aumnia may immediately terminate your account, or suspend your access to your account, in its sole discretion and without notice, for conduct that Aumnia believes is: (i) illegal, fraudulent, harassing or abusive, (ii) a violation of these Terms of Service or any other policies or guidelines posted on the Sites, or (iii) harmful to other users, third parties, or Aumnia's business.Use of an account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice. In addition, Aumnia may terminate your account if you file a claim against Aumnia, or a claim which in any way involves Aumnia. Upon Aumnia's termination of your account for any of the forgoing reasons, (a) you may not establish a new account for a period of 1 year from the date of termination, (b) Aumnia will have no obligation to notify any third parties regarding such termination, and (c) you will be responsible for any damages that may result or arise out of termination of your account.

You understand that all data, information, text, images, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, on the Sites or through the use of any of the Aumnia Features, are the sole responsibility of the person posting or transmitting such Content. You, and not Aumnia, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on the Sites or through the use of any of the Aumnia Features. Aumnia does not control the Content posted on the Sites or transmitted through the use of any of the Aumnia Features and, as such, does not guarantee the accuracy, reliability or quality of such Content. Further, you acknowledge that Aumnia may or may not pre-screen Content that is displayed on the Sites or transmitted through the use of any of the Aumnia Features. You understand that by visiting the Sites or using any of the Aumnia Features, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Aumnia be liable in any way for any user-generated Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Sites or through the use of any of the Aumnia Features. You agree that Aumnia may, in its sole discretion, refuse to post, store or transmit any Content submitted by you and may move, remove, edit or modify any such Content for any reason at any time.

You agree not to:
  • upload, post, email, transmit, display on the Sites or make available through the use of any of the Aumnia Features (a) any Content that is fraudulent, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, profane, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law, regulation or standard of conduct, (b) any Content that you do not have a right to make available 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), (c) any Content that infringes or misappropriates any patent, trademark, trade secret, copyright, privacy, publicity or other rights of any other person or entity, (d) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, or (e) any material that contains any virus, Trojan horse, worm, time bomb or any other computer code, files or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information;

  • use any of the Aumnia Features to (1) harm minors in any way, (2) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, (3) for any commercial purpose or the benefit of any third party or any manner not permitted by these Terms of Service, (4) intentionally or unintentionally violate any applicable local, state, national or international law including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law, (5) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act, or (6) stalk or otherwise harass another;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content displayed on the Sites or transmitted through the use of any of the Aumnia Features;

  • remove any proprietary notices from the Sites;

  • cause, permit or authorize the modification, creation of derivative works, or translation of any Content displayed on the Sites or transmitted through the use of any of the Aumnia Features without Aumnia's prior written consent;

  • attempt to hack the Sites, or to defeat or overcome any encryption technology or security measures implemented by Aumnia with respect any of the Aumnia Features and/or data transmitted, processed or stored by Aumnia;

  • attempt to harvest or collect any information about or regarding other users of any of the Aumnia Features, including, but not limited to any personal data or information; and/or

  • interfere with or disrupt any of the Aumnia Features or servers or networks connected to or operated with any of the Aumnia Features, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with any of the Aumnia Features.


You acknowledge, consent and agree that Aumnia may access, preserve and disclose account information and/or Content that you provide if Aumnia is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (A) comply with legal process, (B) enforce these Terms of Service, (C) respond to claims that any Content violates the rights of third parties, (D) respond to your requests for customer service, or (E) protect the rights, property or personal safety of Aumnia, its employees, partners and agents or members of the public.

By displaying Content on the Sites or transmitting Content through the use of any of the Aumnia Features, you grant Aumnia a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, distribute, transmit, display and publicly perform such Content in connection with Aumnia's operation of the Sites and/or performance of the Aumnia Features for you.

Links to Other Websites
The Sites contains links to other Internet websites and resources. Aumnia provides these links merely as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by Aumnia of such websites or any content contained therein. You acknowledge and agree that Aumnia is not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources.

Warranty Disclaimers
You understand that the processing and transmission of communications relating to the use of any of the Aumnia Features may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Aumnia will not be responsible or liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content that you provide for display on the Sites or for transmission through the use of any of the Aumnia Features.

THE SITES AND THE AUMNIA FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AUMNIA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES SHALL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.

Aumnia makes no representation or warranty that (i) the Sites or the Aumnia Features will meet your expectations or requirements, (ii) the Sites or the Aumnia Features will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Sites or the Aumnia Features will be accurate, timely, complete or reliable, (iv) any errors or defects in the Sites or the Aumnia Features will be corrected, or (v) the Sites and the Aumnia Features and/or the server that makes the Sites and the Aumnia Features available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the Sites and the Aumnia Features may be interfered with by numerous factors outside of Aumnia's control including, but not limited to, telecommunications network disruptions. Aumnia is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Sites or the Aumnia Features.

You acknowledge that the entire risk arising out of the use or performance of the Sites or any of the Aumnia Features remains with you to the maximum extent permitted by law.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITES OR ANY OF THE AUMNIA FEATURES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITES AND THE AUMNIA FEATURES.

Limitation of Liability
IN NO EVENT SHALL AUMNIA OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE , WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR MOBILE DEVICE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF AUMNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AUMNIA'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.

Termination
You agree that Aumnia, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Sites or any of the Aumnia Features at any time if Aumnia believes in good faith that you have violated or acted inconsistently with these Terms of Service or any applicable law, rule or regulation or that you have engaged in conduct that Aumnia determines to be inappropriate or unacceptable.

Indemnity
You agree to defend, indemnify and hold Aumnia and its licensors and marketing partners, together with their respective employees, agents, directors, officers and shareholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Sites or any of the Aumnia Features, (ii) your breach or alleged breach of these Terms of Service, (iii) your violation or of any law, rule, regulation or rights of others in connection with your use of the Sites or any of the Aumnia Features or (iv) your use or disclosure of another person's personal financial or credit information.

Copyright Infringement
Aumnia respects the intellectual property rights of others and we ask our users to do the same. If you believe a user of the Sites is infringing your copyright, please notify Aumnia in accordance with the following procedure:

All notifications of copyright infringement must be in writing and directed to Aumnia's designated agent at the following address, fax number or email address:

Copyright Agent
180 Newport Center Drive, Suite 163
Newport Beach, CA 92660
copyright@aumnia.com

Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website, (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Aumnia to locate the material, (iv) information reasonably sufficient to permit Aumnia to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Miscellaneous
These Terms of Service, and any other agreement regarding the Aumnia Features between you and Aumnia, constitute the entire agreement between you and Aumnia with respect to your access and use of the Sites and the Aumnia Features and supersede all prior and contemporaneous agreements between you and Aumnia. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Aumnia's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of California, and applicable federal law, without regard to any conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Sites or the Aumnia Features, that you and Aumnia will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

If you have any questions about these Terms of Service or your rights or Aumnia's obligations relating to any of the Aumnia Features, please email us at customer.service@aumnia.com or you may contact us by mail at:

Aumnia, Inc.
180 Newport Center Drive, Suite 163
Newport Beach, CA 92660
(866) 580-7389

California Residents
If you are unable to resolve a complaint you may have regarding the services provided through the Sites, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
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