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Privacy and Use
Poncher Realty Company Privacy Statement
Last Updated: Feb. 23rd, 2005
Poncher Realty is committed to protecting your privacy. This privacy statement
explains data collection and use practices of the Poncher Realty Web site (the
Site); it does not apply to other online or offline Poncher Realty sites, products
or services. By using the Site, you are consenting to the information
collection and use practices described in this privacy statement.
Collection of Your Personal Information
We will ask you when we need information that personally identifies you or
allows us to contact you. We collect personal information if you submit an
online support or help request, including your name, your email address. We use this
information to provide the support that you have requested.
In addition, the Site may collect certain information about your visit, such as
the name of the Internet service provider and the Internet Protocol (IP)
address through which you access the Internet; the date and time you access the
Site; the pages that you access while at the Site and the Internet address of
the Web site from which you linked directly to our Site. This information is
used for the operation and improvement of the Site.
Use of Your Personal Information
The personal information collected on this Site will be used to operate the
Site and to provide the service(s) or carry out the transaction(s) you have
requested or authorized.
In support of these uses, Poncher Realty may use personal information to provide you
with more effective customer service, to improve the Site and any related
Poncher Realty products or services, and to make the Site easier to use by
eliminating the need for you to repeatedly enter the same information or by
customizing the Site to your particular preference or interests. In order to
offer you a more consistent experience in your interactions with Poncher Realty,
information collected by this Site may be combined with information collected
by other Poncher Realty services.
We may use your personal information to provide you with important information
about the product or service that you are using, including critical updates and
notifications. Additionally, with your permission, we may send you information
about other Poncher Realty products and services, and/or share information with
Poncher Realty partners so they may send you information about their products and
Poncher Realty occasionally hires other companies to provide limited services on our
behalf, such as Web site hosting, packaging, mailing and delivering prizes,
answering customer questions about products and services, and sending
information about our products, special offers, and other new services. We will
only provide those companies the personal information they need to deliver the
service. They are required to maintain the confidentiality of the information
and are prohibited from using that information for any other purpose.
Poncher Realty may disclose personal information if required to do so by law or in
the good faith belief that such action is necessary to (a) conform to the
edicts of the law or comply with legal process served on Poncher Realty or the Site;
(b) protect and defend the rights or property of Poncher Realty and our family of
Web sites; or (c) act in urgent circumstances to protect the personal safety of
Poncher Realty employees or agents, users of Poncher Realty products or services, or
members of the public.
Personal information collected on the Site may be stored and processed in the
United States or any other country in which Poncher Realty or its affiliates,
subsidiaries or agents maintain facilities, and by using the Site, you consent
to any such transfer of information outside of your country. Poncher Realty abides
by the safe harbor framework as set forth by the U.S. Department of Commerce
regarding the collection, use, and retention of data from the European Union.
Control of Your Personal Information
Except as otherwise described in this statement, personal information you
provide on the Site will not be shared outside of Poncher Realty and its controlled
subsidiaries and affiliates without your permission.
Please be aware that this privacy statement and any choices you make on the
Site will not necessarily apply to personal information you may have provided
to Poncher Realty in the context of other, separately operated, Poncher Realty products
Access to Your Personal Information
You can review and edit the personal information you provided at this Site by
contacting us at the address listed below.
Security of Your Personal Information
Poncher Realty is committed to protecting the security of your personal information.
We use a variety of security technologies and procedures to help protect your
personal information from unauthorized access, use, or disclosure. For example,
we store the personal information you provide with limited
access that are located in controlled facilities. Additionally, we
do not store or transmit sensitive personal information (such as a credit card number) over the
Internet, we contract that service to Verisign to protect it through the use of encryption, such as the Secure
Socket Layer (SSL) protocol.
Changes to this Privacy Statement
We may occasionally update this privacy statement. When we do, we will also
revise the "last updated" date at the top of the privacy statement. For
material changes to this privacy statement, we will notify you either by
placing a prominent notice on the home page of our web site or by directly
sending you a notification. We encourage you to periodically review this
privacy statement to stay informed about how we are helping to protect the
personal information we collect. Your continued use of the service constitutes
your agreement to this privacy statement and any updates.
Poncher Realty welcomes your comments regarding this privacy statement. If you
believe that Poncher Realty has not adhered to this privacy statement, please
contact us by e-mail at help and support
or via postal mail at the address provided below, and we will use commercially
reasonable efforts to promptly determine and remedy the problem.
Poncher Realty of Arizona
9456 North 126th Street
Scottsdale, AZ 85259
ACCEPTANCE OF TERMS.
The services that Poncher Realty provides to you on this website are subject to the
at any time without notice to you. The most current version of the TOU can be
of our Web pages.
Unless we expressly note otherwise, these terms incorporate and supersede any
other terms associated with any files or applications available on the domain
manageware.net, its sub-domains, and any international counterparts and
sub-domains, as well as affiliated domains and sub-domains operated by
Poncher Realty ("Poncher Realty", "we", or "us").
DESCRIPTION OF SERVICES.
Through its network of Web properties, Poncher Realty provides you with access to a
variety of resources, including developer tools, download areas, communication
forums and product information (collectively "Services"). The Services,
including any updates, enhancements, new features, and/or the addition of any
new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from the
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the privacy disclosures above relating to the collection
and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software")
is the copyrighted work of Poncher Realty and/or its suppliers. Use of the Software
is governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement"). An end user
will be unable to install any Software that is accompanied by or includes a
License Agreement, unless he or she first agrees to the License Agreement
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution of the
Software not in accordance with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, Poncher Realty
CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
FOR YOUR CONVENIENCE, Poncher Realty MAY MAKE AVAILABLE AS PART OF THE SERVICES OR
IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
Poncher Realty DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN Poncher Realty SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services
for or on behalf of the United States of America, its agencies and/or
instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as
set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2)
of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Poncher Realty.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is for
informational and non-commercial or personal use only and will not be copied or
posted on any network computer or broadcast in any media, and (3) no
modifications of any Documents are made. Accredited educational institutions,
such as K-12, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Documents specified above do not include the design or layout of the
www.manageware.net Web site or any other Poncher Realty owned, operated, licensed
or controlled site. Elements of Poncher Realty Web sites are protected by trade
dress, trademark, unfair competition, and other laws and may not be copied or
imitated in whole or in part. No logo, graphic, sound or image from any
Poncher Realty owned, operated, licensed or controlled Web site may be copied or
retransmitted unless expressly permitted by Poncher Realty.
Poncher Realty AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Poncher Realty
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Poncher Realty
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Poncher Realty AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL Poncher Realty AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the
registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to notify Poncher Realty immediately of any unauthorized use of your account or any
other breach of security. Poncher Realty will not be liable for any loss that you
may incur as a result of someone else using your password or account, either
with or without your knowledge. However, you could be held liable for losses
incurred by Poncher Realty or another party due to someone else using your account
or password. You may not use anyone else's account at any time, without the
permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Services in any manner that could damage, disable,
overburden, or impair any Poncher Realty server, or the network(s) connected to any
Poncher Realty server, or interfere with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized access to any Services,
other accounts, computer systems or networks connected to any Poncher Realty server
or to any of the Services, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Services.
USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas,
and/or other message or communication facilities designed to enable you to
communicate with us and with others (each a "Communication Service" and
collectively "Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By way
of example, and not as a limitation, you agree that when using the
Communication Services, you will not:
Use the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control the rights thereto or
have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are
made available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a
file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Harvest or otherwise collect information about others, including e-mail
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a
person or entity any directory of users of the Services or other user or usage
information or any portion thereof.
Poncher Realty has no obligation to monitor the Communication Services. However,
Poncher Realty reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. Poncher Realty reserves
the right to terminate your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever.
Poncher Realty reserves the right at all times to disclose any information as
Poncher Realty deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Poncher Realty's sole discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. Poncher Realty does
not control or endorse the content, messages or information found in any
Communication Services and, therefore, Poncher Realty specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers and hosts are
not authorized Poncher Realty spokespersons, and their views do not necessarily
reflect those of Poncher Realty.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Poncher Realty OR POSTED AT ANY Poncher Realty WEB SITE.
Poncher Realty does not claim ownership of the materials you provide to Poncher Realty
(including feedback and suggestions) or post, upload, input or submit to any
Services or its associated services for review by the general public, or by the
members of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") your Submission you are granting Poncher Realty,
its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
(including, without limitation, all Poncher Realty Services), including, without
limitation, the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
Submission; to publish your name in connection with your Submission; and the
right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Poncher Realty is under no obligation to post or use any Submission
you may provide and Poncher Realty may remove any Submission at any time in its sole
By Posting a Submission you warrant and represent that you own or otherwise
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent that (a)
you are the copyright owner of such Images, or that the copyright owner of such
Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of your
have the rights necessary to grant the licenses and sublicenses described in
has provided consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, you are
granting (a) to all members of your private community (for each such Images
available to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than a
private community), permission to use your Images in connection with the use,
of example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Images without having
your name attached to such Images, and the right to sublicense such rights to
any supplier of the Services. The licenses granted in the preceding sentences
for a Images will terminate at the time you completely remove such Images from
the Services, provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time you completely remove
such Images. No compensation will be paid with respect to the use of your
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE Poncher Realty'S SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF Poncher Realty AND Poncher Realty IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. Poncher Realty IS NOT RESPONSIBLE FOR WEBCASTING
OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Poncher Realty IS
PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY Poncher Realty OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
Poncher Realty OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES.
PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER
WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN Poncher Realty'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO Poncher Realty. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO Poncher Realty OR ANYONE AT Poncher Realty. IF, DESPITE OUR REQUEST
THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT Poncher Realty MAKES NO ASSURANCES
Copyright © 2005 Poncher Realty of Arizona 9456 North 126th Street
Scottsdale, AZ 85259 U.S.A. All rights reserved.
Poncher Realty are either registered trademarks or trademarks of
Poncher Realty. in the United States and/or other countries.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below: