Agreement
Welcome to the Piper Capital Holdings (“PCH”) website (the “Site”). The following terms and conditions (“Terms of Use”) govern your use of PCH. The accessing and continued use of the Site by you (“User”) constitutes your binding and conclusive acceptance and agreement of all such terms, conditions, and notices contained herein. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease all use of the Site and its ancillary products and services (the “Service”). This page states the terms and conditions under which you may use the Site and any other products or services offered by Piper Capital Holdings through the Site. The right to use products or services by PCH is personal to you only and is not transferable to any other person or company. PCH has the right to refuse service to any User that refuses to abide by the terms and conditions herein or abuses their rights related to the Site.
Accuracy of Information
PCH is designed to provide information about manufactured and/or mobile homes. The information on PCH is provided solely as general information and does not constitute real estate, legal or any other professional advice, or an offer to buy or sell real estate. Properties may only be purchased or sold pursuant to the rules of applicable jurisdictions. While PCH makes every effort to ensure that all information displayed on the Site is accurate, complete, and honestly offered, none of the information on this site should be considered solely reliable for use in making purchases of products, services, goods or any type of investment decisions. You are expressly advised that it is your responsibility to verify any and all information on the web sites and pages before you rely on that information to make any purchases or use the information in any other way. Piper Capital Holdings does not warrant or guarantee that any of the information on the Site is accurate, complete, useful or timely. Piper Capital Holdings may make improvements and/or changes in the information, products or services described herein at any time. Periodic updates to this site are not guaranteed.
Disclaimer
The PCH Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors and accordingly. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of Piper Capital Holdings. Piper Capital Holdings does not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Piper Capital Holdings or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.
Piper Capital Holdings makes no representations about the suitability or results of the products, services or information contained on the Site for any purpose. All such products, services and information are provided “as is” and “as available” without warranty of any kind, express or implied. Piper Capital Holdings does not warrant that the information will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available, are free of viruses or other harmful components. Neither PCH nor any third-party content provider warrants that any files available for downloading through the Site will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the Site and the accuracy or completeness of the content is assumed solely by you. All information that has been provided on PCH should be independently verified.
Limitation of Liability
Under no circumstances shall Piper Capital Holdings, its officers, directors, shareholders, agents or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential losses or damages as a result of the Site or the information contained in the Site. This includes without limitation, attorneys’ fees, whether in an action of contract, negligence or other tortuous action, that result from the use of, or the inability to use, any products or services available on the Site, even if Piper Capital Holdings has been advised of such damages. If you are dissatisfied with any products, services, information, or with any of the terms and conditions contained in the Site, your sole and exclusive remedy is to discontinue using the Site. If Piper Capital Holdings or any of its third-party providers are found liable in connection with a claim arising out of, or related to the products, services or information, their aggregate liability in such an event shall not exceed the amount paid for said products and/or services giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from Piper Capital Holdings or its third-party providers. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the liability of Piper Capital Holdings, third party content providers and their respective agents will be limited to the greatest extent permitted by law.
Warranty Disclaimer
Piper Capital Holdings is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Piper Capital Holdings. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. Piper Capital Holdings is not responsible for the online or offline conduct of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Piper Capital Holdings assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
Piper Capital Holdings is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.
Under no circumstances will Piper Capital Holdings be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
Piper Capital Holdings, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. Piper Capital Holdings CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Piper Capital Holdings DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Piper Capital Holdings.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.4
Information Submission, Display and Restrictions
PCH allows Users to submit property descriptions, company information, financial data, maps, photographs and other information to the Site for it to be publicly displayed. PCH shall have the sole authority to choose the manner in which any property will be displayed, searched, accessed, downloaded, copied, and otherwise used on the Site. User agrees to allow the property listing, or any part of it, to be displayed, searched, accessed, downloaded, copied, and otherwise referred to by other users of the Site. Further, PCH shall have the right to modify any information on the Site at any time. User agrees to receive all necessary authorization and rights before submitting any property descriptions, company information, financial data, maps, photographs, or any other information to the Site. The User represents and warrants that all properties and associated information provided to the Site will be accurate. The User agrees to update and maintain the accuracy of the information provided to the Site at all times. The User agrees not to post a property on the Site under a name other than the named individual that has been engaged by the property owner to market the property under the terms of a listing agreement. PCH reserves the right to remove all or any part of information or refuse Services to anyone at any time in its sole discretion that refuses to abide by the terms and conditions herein.
Restrictions on Use
The Site contains, or may contain, including but not limited to, products, services, images, information, illustrations, logos, email newsletters, software, photographs, audio and video clips, graphics, links and other material collectively, called the “Content” that are protected by copyright, trademark or other proprietary rights, owned or controlled by Piper Capital Holdings, third parties or their respective owners or licensees. All Content contained in the Site is copyrighted as a collective work of PCH pursuant to applicable copyright law. This material is for personal use only and you agree to comply with any use and other restrictions contained in any Content available on or accessed through PCH. Special rules may apply to the use of certain software and other items provided on the Site. You must access the information manually by request and not programmatically by macro or other automated means. You may not redistribute, sell, decompile, reverse engineer or disassemble any software or any other products on the Site in any manner unless prior written authorization is given. You may not use the contents for any unlawful or commercial purpose.
Except as expressly permitted with written approval by Piper Capital Holdings, no part of the information available from the Site may be copied, photocopied, reproduced, republished, licensed, distributed, displayed, posted, translated, altered, redistributed or broadcast in any way. Nor can it be exploited, used to create derivative works, or reduced to any electronic medium or in any other manner not herein stated, in whole or in part, without the prior written approval of Piper Capital Holdings or its third-party providers. Content consisting of downloadable software may not be re-engineered in any way. You may not incorporate any Content, in whole or in part, by framing, by mirroring, or any other method into another web site. Any information distributed for commercial purposes is strictly prohibited without the prior written approval of Piper Capital Holdings.
Third Party Web Sites
PCH contains links to other web sites that may be of interest to you the visitor and reference to products and services offered by third parties and are provided to you for convenience only and does not constitute an endorsement or approval by us in any way. Piper Capital Holdings has no control over, or responsibility for the content found on those web sites, accessibility, or for products and services offered by third parties. We do not assume any liability for the use, and you acknowledge and agree such use shall be at your own risk. Your linking to any page within this web site is at your sole risk. Piper Capital Holdings reserves the right to demand the removal of any link from a web site.
Third Party Listing Managers
No third parties are allowed to manage listings/accounts for Brokers, Agents, or Property Owners. All Property Inquiries and any other PCH-related emails must go directly from the PCH system to the Owner, Broker, or Agent representing the listing and/or account.
Framing and Mirroring
Framing or mirroring any page or any information located on the Site is strictly forbidden.
Non-confidential Information
Should any User of the Site respond by submitting information, feedback, data, questions, comments, suggestions, techniques, concepts, essays, know-how, ideas or the like including personally identifiable information such as name, address, telephone number, email address, or other information, such information shall be deemed to be non-confidential. All submissions, information and correspondence as stated above, shall become the property of Piper Capital Holdings, and Piper Capital Holdings shall have no obligation of any kind with respect to such information and you agree to grant to Piper Capital Holdings a non-exclusive, royalty-free, worldwide, perpetual license to use in any manner deemed acceptable. Said use may include but not limited to; reproduce, transmit, distribute, publicly display, and advertise such information. You agree that you shall have no recourse against Piper Capital Holdings for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
“As-is” Property Condition
Buyer understands that the seller is conveying the described property “as-is” and buyer agrees to purchase the described property “as-is.” Buyer also agrees to do their due diligence inspecting the property before they buy it. No representations as to fitness for a particular purpose have been made. Piper Capital Holdings is not liable in any way for property sold on this website. All transactions are between buyer and seller, not Piper Capital Holdings. No verbal claims or promises have been made to buyer which do not appear in writing here. We strongly urge buyers and sellers to use a title company to close their transaction.
If the above described property is not situated on a public road, then buyer hereby acknowledges such, and agrees to hold Seller harmless for maintenance and improvements to existing easement(s). Buyer also agrees that any improvement or utility bonds will be assumed by the buyer, and buyer agrees that if he/she/they did not physically inspect the above property, then buyer understands that will not constitute grounds for termination of this contract.
Subscription Fees
Seller’s subscription fees are nonrefundable and nontransferable.
The credit card in your profile will be charged every 30 days automatically for your subscription fees.
The subscription will be canceled no later than 7 days before the end of the cycle by “contact us” form.
After cancellation, the account will remain active until completion of the monthly subscription cycle.
Trademarks
The trademarks, logos and service marks displayed on the Site are owned, used by permission, under license from their respective owners, or are the property of other third parties. You are not permitted to use such trademarks without the prior written consent of their respective owners or such third parties that may own them.
Modification of these Terms of Use
Piper Capital Holdings reserves the right to change this Terms of Use Agreement at any time. You are responsible for regularly reviewing these terms and conditions for any changes. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the Site. Continued use of the Site following any such changes shall constitute your acceptance of such changes.
General
The laws of the State of Arizona, U.S.A., govern this agreement. You consent to the exclusive jurisdiction and venue of courts in Maricopa County, Arizona, U.S.A. in all disputes arising out of or relating to the use of PCH. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Severability
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.
Entire Agreement
This agreement constitutes the entire agreement between you and Piper Capital Holdings with respect to the Site. A printed version of this agreement will 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.
No part of this agreement may be copied, duplicated, retransmitted, reposted, in whole or in part, or otherwise used without the express written approval of Piper Capital Holdings.