1.
General
1.1 This
agreement governs your use of the MyRealEstateOffice.Com, LLC, MyRealestateOffice.Com, MyMortgageBroker.Net,
MyRealEstateBroker.Net,
Internet information service including personal web page hosting
services (the "Service") which is operated by
MyRealEstateOffice.Com, LLC. ("MyRealEstateOffice"). Additional terms and
conditions of use applicable to specific areas of the Service may
also be posted in such areas and, together with this agreement,
govern your use of those areas. This agreement, together with any
such additional term and conditions, are referred to as this
"Agreement."
1.2 MyRealEstateOffice reserves the right, in its
discretion, to change or modify all or any part of this Agreement
at any time, effective immediately upon notice published on the
Service. Your continued use of the Service constitutes your
binding acceptance of these terms and conditions, including any
changes or modifications made by MyRealEstateOffice as permitted above. 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
Service.
2. Use of
Content
2.1 You
acknowledge that the Service contains information, software,
photographs, audio and video clips, graphics, links and other
material (collectively, the "Content") that are
protected by copyright, trademark or other proprietary rights of
MyRealEstateOffice
or third parties. All Content on the Service is copyrighted as
a collective work of MyRealEstateOffice pursuant to applicable copyright law. You
agree to comply with any additional copyright notices,
information, or restrictions contained in any Content available on
or accessed through the Service. Users of the Service may use the
Content only for their personal, noncommercial use.
2.2 You may not modify, publish,
transmit, transfer or sell, reproduce, create derivative works
from, distribute, perform, display, or in any way exploit any of
the Content, in whole or in part, except as expressly permitted in
this Agreement. Content consisting of downloadable software may
not be reverse engineered unless specifically authorized by the
owner of the software's patent and/or copyright. You may post on
the Service any Content owned by you (such as your original
statements), Content for which you have received express
permission from the owner and Content in the public domain. You
assume all risk and responsibility for determining whether any
Content is in the public domain. You grant to MyRealEstateOffice the right to
edit, copy, publish, distribute, translate and otherwise use in
any medium any Content that you place on the Service without
compensation to you. You represent and warrant that you are
authorized to grant all rights set forth in the preceding
sentence.
2.3 You may download or copy the
Content only for your own personal use, provided that you maintain
all copyright and other notices contained in such Content. You
shall not store electronically any significant portion of any
Content. Except as expressly permitted by the copyright laws, no
copying, storage, redistribution or publication of any Content is
permitted without the express permission of MyRealEstateOffice or the owners of
such Content or their authorized persons, if other than
MyRealEstateOffice. You
may download from the Service any Content in the public domain for
your own personal use or for non-commercial redistribution.
3. Rules of
Conduct and your obligations
You shall not post on the Service any Content
which (a) is libelous, defamatory, obscene, pornographic, abusive,
harassing or threatening, (b) contains viruses or other
contaminating or destructive features, (c) violates the rights of
others, such as Content which infringes any copyright, trademark,
patent, trade secret or violates any right of privacy or
publicity, or (d) otherwise violates any applicable law. You may
not post on the Service any links to any external Internet sites
that are obscene or pornographic. You shall not use the Service
for any commercial purpose, to distribute any advertising or
solicitation of funds or goods and services or to solicit users to
join competitive online services. In consideration of use of
the Service, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or
incomplete, or MyRealEstateOffice has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete,
MyRealEstateOffice has the right to suspend or terminate your account and/or
membership and refuse any and all current or future use of the
Service (or any portion thereof).
4. Managing
Content
MyRealEstateOffice
may not be able to review the Content
posted by users on the Service and is not responsible for such
Content. However, MyRealEstateOffice reserves the right to delete, move or edit
any Content (including Content posted in any Interactive Area)
that it may determine, in its sole discretion, violates this
Agreement or is otherwise unacceptable. You shall remain solely
responsible for all Content posted by you. MyRealEstateOffice shall have the
right, but not the obligation, to correct any errors or omissions
in any Content, as it may determine in its sole discretion.
5. No
Endorsement
5.1
MyRealEstateOffice does not represent or endorse the accuracy or reliability of any
Content posted on any Interactive Area and you acknowledge that
any reliance upon such Content shall be at your sole risk. Any
Content placed on any Interactive Area by users are the views of
the user posting the statement, and do not represent the views of
MyRealEstateOffice.
5.2 The Service may contain links
to sites on the Internet which are owned and operated by third
parties (the "External Sites"). You acknowledge that
MyRealEstateOffice
is not responsible for the availability of, or the content located
on or through, any External Site. You should contact the site
administrator or Webmaster for those External Sites if you have
any concerns regarding such links or the content located on such
External Sites.
6. Indemnity
You agree to indemnify, defend and hold
MyRealEstateOffice and
its affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the
"MyRealEstateOffice Parties") harmless from and against any and all
claims, liability, losses, costs and expenses (including
attorneys' fees) incurred by any MyRealEstateOffice Party in connection with any
use or alleged use of the Service under your password by any
person, whether or not authorized by you. MyRealEstateOffice reserves the right,
at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, and in
such case, you agree to cooperate with MyRealEstateOffice's defense of such
claim.
7. Termination
of Service
MyRealEstateOffice reserves the right, in its sole discretion,
to restrict, suspend or terminate your access to all or any part
of the Service, including the Interactive Areas, at any time for
any reason without prior notice or liability. MyRealEstateOffice may change,
suspend or discontinue all or any aspect of the Service at any
time, including the availability of any feature, database, or
Content (including the Interactive Areas and member pages),
without prior notice or liability. You
agree that MyRealEstateOffice, in its sole discretion, may terminate your
password, MyRealestateOffice.Com,
MyMortgageBroker.Net, MyRealEstateBroker.Net, website (or websites), use of the Service or use of any other
MyRealEstateOffice service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or
if MyRealEstateOffice believes that you have violated or acted inconsistently
with the letter or spirit of this Terms of Service.
MyRealEstateOffice may also
in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any
provision of this Terms of Service may be effected without prior
notice, and acknowledge and agree that MyRealEstateOffice may immediately
deactivate or delete your MyRealestateOffice.Com,
MyMortgageBroker.Net, MyRealEstateBroker.Net,
website (or websites) and all related information and files in
your MyRealestateOffice.Com,
MyMortgageBroker.Net, MyRealEstateBroker.Net,
website
(or websites) and/or bar any further access to such files or the
Service. Further, you agree that MyRealEstateOffice shall not be liable to you or
any third-party for any termination of your access to the Service.
8. DISCLAIMER
OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER
MyRealEstateOffice NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE
AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES MyRealEstateOffice, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE
OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND
THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE, WITH
ALL FAULTS" BASIS. NONE OF MyRealEstateOffice, THIRD PARTY CONTENT PROVIDERS
AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY
CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE.
NEITHER MyRealEstateOffice NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY
FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE 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 SERVICE AND THE ACCURACY OR COMPLETENESS OF THE
CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER MyRealEstateOffice, ANY THIRD PARTY
CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF
MyRealEstateOffice, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. DEALINGS WITH ADVERTISERS AND
MEMBERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers and/or members found on or through the
Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such advertiser and/or member. You agree that
MyRealEstateOffice shall
not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of
the presence of such advertisers and/or members on the Service.
10. ADVERTISEMENTS AND PROMOTIONS
MyRealEstateOffice runs advertisements and promotions on its websites. By
becoming a member of the MyRealestateOffice.Com,
MyMortgageBroker.Net, MyRealEstateBroker.Net, My-Flowers.Net and
MyDryCleaner.Net
website (or websites), creating your MyRealestateOffice.Com,
MyMortgageBroker.Net, MyRealEstateBroker.Net,
website (or websites), and/or adding a link to any
MyRealEstateOffice website,
you agree that MyRealEstateOffice has the right to run such advertisements and
promotions. The manner, mode and extent of advertising by
MyRealEstateOffice on
your MyRealestateOffice.Com,
MyMortgageBroker.Net, MyRealEstateBroker.Net,
website (or websites) is subject to change.
11. Software
While effort was made
to ensure the accuracy of all calculations
in
all of MyRealEstateOffice's programs, there is
NO WARRANTY, expressed or implied, for the accuracy or
applicability of the results generated by any
of MyRealEstateOffice software to your
particular financial situation. Check with your own
financial advisor before making any financial decisions.
Please contact MyRealEstateOffice if you experience any problems.
12. Miscellaneous
This Agreement shall be construed in accordance
with the laws of the State of Florida, and the parties irrevocably
consent to bring any action to enforce this Agreement in the
federal or state courts located in Orlando, FL. This Agreement
constitutes the entire agreement between the parties with respect
to the subject matter hereof, and supersedes all previous written
or oral agreements between the parties with respect to such
subject matter. If any inconsistency exists between the terms of
this agreement and any additional terms and conditions posted on
the Service, such terms shall be interpreted as to eliminate any
inconsistency, if possible, and otherwise, the additional terms
and conditions shall control. Sections 2, 3, 7, 8, 10 and 11 shall
survive any termination of this Agreement as well as any other
provisions which by their terms or sense are intended to survive.
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