Terms and Conditions

The Underdog Foundation, LLC.(dba “UDF”) and/or its affiliates (together referred to as "UDF") operate this Web site and associated Web pages and services. For the purposes of these Terms of Use, UDF refers to this site and its related services as the "UDF Website."

UDF offers you access to the UDF Web Site in exchange for your agreement to accept and comply with the terms, conditions, and notices stated herein and as may be modified by UDF from time-to-time. UDF refers to these terms, conditions and notices, whether modified or unmodified, as the "Agreement" or as the "Terms of Use." UDF reserves the right, in its sole discretion, to modify this Agreement and/or the UDF Web Site without providing notification. You are responsible for regularly reviewing this Agreement. Your use of the UDF Web Site following any posted change(s) to the Terms of Use will be deemed an acceptance of such change(s).

In addition, when using particular services or features of the UDF Web Site, you shall be subject to any posted guidelines or rules applicable to such services or features, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

1.      Except where we specify otherwise, and subject to the limitations set forth herein, UDF grants you a limited, non-exclusive license to access and use the UDF Web Site. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of UDF. You promise that you will not use the UDF Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are expressly licensed by UDF.

2.      You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any pages, information, software, lists of users, databases or other lists, content, material, products or services provided through or obtained from the UDF Web Site, or any portion thereof. You agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of properties, users or other information. You agree that you will not use the UDF Web Site in any manner, which could damage, disable, overburden, or impair the UDF Web Site or interfere with any other party's use and enjoyment of the UDF Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the UDF Web Site.

3.      Except with the written permission of UDF, you agree that you will not access or attempt to access password protected, secure or non-public areas of the UDF Web Site. Unauthorized individuals attempting to access prohibited areas of the UDF Web Site may be subject to prosecution.

4.      Except with the advanced, written permission of UDF, you agree that you will not create links from any Web site or Web page to any page within the UDF Web Site with the exception, subject to the conditions of this section, of the UDF Web Site homepage located at http://www.coregroupmarketing.com (the " UDF Web Site homepage"). The origin of any such link to the UDF Web Site homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the UDF Web Site. For example, prominently positioning the " UDF " name such that there is clear association between the name and the destination of the link is acceptable. However, you agree that you will not juxtapose the " UDF " name or link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between UDF, on the one hand, and you or any other person or entity, on the other hand. You agree that if UDF, in its sole and unfettered discretion, requests in writing that you remove any links to the UDF Web Site, including without limitation the UDF Web Site homepage, you will promptly do so. You agree that you will not employ any technology that results in the placement of content from the UDF Web Site in a frame and/or a reduced browser window or pop-up window and/or any other display mechanism that changes the UDF Web Site from how they would appear if a user accessed the UDF Web Site by typing its URL into the location bar of a typical Web browser program.

5.      You agree that UDF may in its sole discretion and at any time terminate your access to and use of the UDF Web Site, or any part thereof, with or without notice.

6.      UDF reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

7.      You agree to indemnify, defend and hold harmless UDF, its employees, directors, partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your use of the UDF Web Site, the content you submit to the UDF Web Site or your violation of this Agreement.

8.      All materials provided on the UDF Web Site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of UDF and/or its vendors, suppliers or licensors. All Materials are proprietary to UDF or its licensors and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of UDF.

9.      This Web Site may contain typographical errors or inaccuracies. All information furnished regarding property for sale, rental or financing is from sources deemed reliable, but no warranty or representation is made as to the accuracy thereof and same is submitted subject to errors and omissions.

10.  UDF has no fiduciary duties to you.

11.  UDF makes no representations or endorsements regarding properties contained in the Web Site. All of the information, software and services provided through this Web Site are provided "as is," "as available," without warranty of any kind. UDF and/or its suppliers specifically disclaim any and all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

12.  UDF is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Web Site.

Trademarks
The trademarks, trade names and service marks (the "Marks") displayed on the UDF Web Site are the property of UDF or other third parties. Users are not permitted to copy or otherwise use these Marks without the prior written consent of UDF or such third party, which may own the Mark. The following list of Marks owned by UDF is not exhaustive, and UDF may own other Marks not included here: UDF and CoreGroupNYC.com.

Compliance with Laws; Export Controls
You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S. export restrictions

Devices
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the UDF Web Site or any property information, offer or transaction being conducted on the UDF Web Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

No Unlawful of Prohibited Use
As a condition of your use of the UDF Web Site, you warrant to UDF that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use the UDF Web Site in any way prohibited by these terms, conditions and notices.

Links to Third-Party Websites
The UDF Web Site may contain links to Web sites operated by parties other than UDF. Such hyperlinks are provided for reference only. UDF does not control such Web sites and is not responsible for their contents. UDF's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access any of the third party sites linked to the UDF Web Site, you do so entirely at your own risk.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE UDF WEB SITE IS AT YOUR OWN RISK. THE UDF WEB SITE AND ALL INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE UDF WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UDF EXPRESSLY DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. UDF ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

UDF MAKES NO WARRANTY THAT (I) THE UDF WEB SITE WILL MEET YOUR REQUIREMENTS, (II) THE UDF WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE UDF WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE UDF WEB SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE UDF WEB SITE WILL BE CORRECTED. UDF WILL NOT BE LIABLE FOR ANY FAILURE, DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE UDF WEB SITE, OR FOR THE INCOMPATIBILITY BETWEEN THE UDF WEB SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL UDF BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND UDF'S CONTROL.

ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UDF WEB SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE UDF WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UDF, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE UDF WEB SITE AT ANY TIME. ALTHOUGH UDF HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE UDF WEB SITE, UDF ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UDF OR THROUGH OR FROM THE UDF WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. ALL INFORMATION FURNISHED REGARDING PROPERTY FOR SALE, RENTAL OR FINANCING IS FROM SOURCES DEEMED RELIABLE, BUT NO WARRANTY OR REPRESENTATION IS MADE AS TO THE ACCURACY THEREOF. SUCH INFORMATION MAY CONTAIN ERRORS OR OMISSIONS MAY BE SUBJECT TO CHANGE OF PRICE, RENTAL OR OTHER CONDITIONS, PRIOR SALE, LEASE OR FINANCING OR WITHDRAWAL WITHOUT NOTICE. ALL DIMENSIONS ARE APPROXIMATE. FOR EXACT DIMENSIONS, YOU MUST HIRE YOUR OWN ARCHITECT OR ENGINEER.

Limitation on Liability
NEITHER UDF NOR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE UDF WEB SITE OR ANY UDF PRODUCT OR SERVICE, OR DAMAGES FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT ON THE UDF WEB SITE, EVEN IF UDF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE UDF WEB SITE, OR WITH ANY PORTION OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE UDF WEB SITE.

Modification of the UDF Web Site
UDF (and/or its suppliers) reserves the right in its sole discretion to improve, modify, add to or remove any information or content appearing on the UDF Web Site. UDF may discontinue or revise any or all aspects of the UDF Web Site in its sole discretion and without prior notice.

International Users
UDF encourages users from around the world to use the UDF Web Site. However, if you choose to use the UDF Web Site, you understand, acknowledge and agree that your use thereof is governed by these Terms of Use and the laws and regulations of the United States regarding online conduct and acceptable content. If you use the UDF Web Site in a jurisdiction that prohibits or restricts such use, you agree that your use will be at your own risk, without limitation of any other provision of the Terms of Use, and that UDF shall not have any liability with respect to such use.

General
UDF respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide UDF's Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the UDF Web Site;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send a letter detailing the above information to:

The Underdog Foundation, LLC.
200 South Biscayne Blvd.

6th Floor

Miami, FL 33131

This agreement is governed by the laws of the State of Florida and the State of New York, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, in all disputes arising out of or relating to the UDF Web Site. Use of the UDF Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. 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 UDF Web Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

You agree that no joint venture, partnership, or employment relationship exists between you and UDF as a result of this Agreement or use of the UDF Web Site. This Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of UDF's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the UDF Web Site or information provided to or gathered by UDF with respect to such use.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and UDF with respect to the UDF Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and UDF with respect to the UDF Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

State and Local Laws
State and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.

Copyright © 2011, UDF