TERMS OF SERVICE
By using and/or registering to become a member of the site,
you are stating that you understand and agree to be bound by the terms and
conditions of this user agreement (the "agreement"). Please read the
agreement. If you disagree with anything in this agreement, please do not use
the site or any services provided in connection with the site.
SERVICES
To use the Site, you do not have to register to become an INSTANTRealEstateSolutions.com member
("Member"). As a Member, however, you will have access to various
services to which non-Members do not have access, some of which will enable you
and other site members to interact with each other ("Member Areas").
These Member Areas and services can include and at our discretion, the
following:
- Site News
- Site Pages
- Message Boards (Forums)
- Profiles
- Downloads
- Links Directory
The above list is not comprehensive of all the services
provided. We reserve the right to modify or discontinue, temporarily or
permanently, the Site (or any part thereof) with or without notice. You agree
that INSTANTRealEstateSolutions.com shall not be liable to you or to any third
party for any such action.
If you would like to register to become a Member, please
complete our membership registration form. When you do, you agree to: provide
true, accurate, current and complete information as prompted by the
registration form, maintain and update such information to keep it true,
accurate, current, and complete at all times, and that you are the age that you
state.
If any information provided by you on the registration form
is untrue, inaccurate, not current or incomplete, or if we have reasonable
grounds to so believe, we have the right to suspend or terminate your
membership and to refuse to provide you with any future membership. If we have
reason to believe that you have registered someone other than yourself, we will
cooperate with any law enforcement investigation that may result from such
misrepresentations and shall have the right, in our sole discretion, to
disclose any information you provided to us in connection with such
registration.
INSTANTRealEstateSolutions.com makes a good faith effort to
prohibit registration as a Member by, and will not knowingly connect or store
personal information from, children as governed by law.
FEES
We reserve the right at any time to charge fees for access
to Site content or services or to portions of the existing Site content or
services or the Site as a whole. In no event will you be charged for access to
any Site content or service, or to the Site as a whole, unless we obtain your
prior agreement to pay such charges. If you do not consent to such charges,
however, you may not have access to paid content or service.
SITE RULES
Following are some basic rules that apply to the Site and
that you agree to follow. If you violate any of the Site rules, or if we have
reasonable grounds to so believe, we have the right to deny you access to the
Site, to suspend or terminate your membership and to refuse to provide you with
any future membership. You agree not to use the Site to upload, store, post,
email or otherwise transmit any:
- material that is inaccurate, unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, sexually explicit, libelous, invasive of another's privacy,
hateful, racist, bigoted or otherwise objectionable;
- material that you do not have a right
to transmit under any law or under contractual or fiduciary relationships;
- material that infringes any patent,
trademark, trade secret, copyright or other proprietary right of any
party, advertising, promotional materials, junk mail, spam, chain letters,
pyramid schemes, or any other form of solicitation, except where
specifically permitted;
- or material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
Additionally, you agree not to:
- impersonate any person or entity or
falsely state or otherwise misrepresent your affiliation with a person or
entity;
- forge headers or otherwise manipulate
identifiers in order to disguise the origin of any material transmitted
through the Site;
- disrupt the normal flow of dialogue,
cause a screen to scroll faster than other users of the Site are able to
type, or otherwise act in a manner that negatively affects other users'
ability to engage in real-time exchanges;
- interfere with or disrupt the Site or
servers or networks connected to the Site, or disobey any requirements,
procedures, policies or regulations of networks connected to the Site;
- try to gain access to areas that are
private to INSTANTRealEstateSolutions.com administrators or to other
INSTANTRealEstateSolutions.com users;
- violate any applicable local, state,
national, or international law or any regulation having the force of law;
- stalk or otherwise harass another;
- harm minors in any way, including,
without limitation, to establish unlawful contact with minors (whether on
or off the Site);
- collect or harvest screen names; collect
or store personal data about other users of the Site; or solicit or
attempt to discover a user's password, screen name, or other registration
information without the user's express knowledge and consent;
- engage in or run raffles, lotteries,
contests or sweepstakes;
- promote or provide instructions of
information about how to engage in illegal conduct or commit illegal
activities, promote physical harm or injury, or promote any illegal act;
or
- store any
information or use any Web page or directory you create for remote loading
or as a door or signpost to another Web page, whether inside or outside
the Site.
You acknowledge that we do not prescreen material posted or
transmitted on the Site, but that we and our designees shall have the right
(but not the obligation) in our sole discretion to review and edit, delete or
refuse to post any material submitted for display or placed on the Site,
including but not limited to message board posts, profiles, and
member-to-member messages. Without limiting the foregoing, we and our designees
shall have the right to remove any material that violates this Agreement, that we believe in good faith may create
liability for us, or that we deem is otherwise objectionable.
You acknowledge and agree that we may at our sole and
absolute discretion, terminate the right of Members to participate in our
Program without notice, preserve material and may disclose material if required
to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to: ... comply with legal process;
- enforce this Agreement;
- respond to claims that any material
violates the right of third parties; or
- in our sole
judgment, protect the rights, property, or personal safety of
INSTANTRealEstateSolutions.com, its users and the public.
PRIVACY
Our Privacy Policy states in full our policy regarding
Member privacy; see that document for more details.
REFUNDS
Our Refunds Policy states in full our policy regarding
refunds of membership fees, fees paid for services, and/or fees paid for
products; see that document for more details.
PUBLIC AREAS
A Public Area ("Public Area") of the Site is any
area where you may submit material ("Submissions") for viewing by
others or view Submissions of other INSTANTRealEstateSolutions.com users, such
as profiles, forums, or award programs. In some of these areas, a Submission
includes the name, ID, nickname, and/or other information that would be displayed
with the submitted material, as applicable. You agree to use Public Areas in
accordance with the Agreement and any policies for the Public Areas that are
displayed on the Site.
BY SUBMITTING MATERIAL TO A PUBLIC AREA, YOU AGREE TO
INDEMNIFY INSTANTRealEstateSolutions.com AND HOLD IT HARMLESS FROM ALL CLAIMS,
INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY,
COPYRIGHT INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.
By making a Submission to any Public Area, you automatically
grant INSTANTRealEstateSolutions.com the royalty-free, perpetual, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt, publish,
translate, publicly perform and display and distribute the content of the
Submission (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or hereafter developed. You
also permit any other user of the INSTANTRealEstateSolutions.com Site to
access, view, store, or reproduce the Submission for that user's personal use.
LINKS
Our provision of a link to any other site or location is for
your convenience and does not signify our endorsement of such site or location
of its contents. INSTANTRealEstateSolutions.com shall not be responsible for
any information, software, or links found at any other World Wide Web site,
Internet location, or source of information, for your use of such information,
or for e-commerce transactions conducted at or through any linked site or
location.
DISCLAIMER OF WARRANTIES
You expressly agree that your use of the site, including,
without limitation, any material and/or data developed by
INSTANTRealEstateSolutions.com or by third parties ("information
providers"), is at your sole risk. The site, and any content or materials
available through the site, are provided on an "as is" and "as
available" basis and without warranty of any kind, express, implied or
statutory. INSTANTRealEstateSolutions.com and the information providers hereby
expressly disclaim all such warranties including, without limitation, any
implied warranties or merchantability, fitness for a particular use or purpose,
title, or noninfringement, or any warranty as to
results that may be obtained through the use of the site.
INSTANTRealEstateSolutions.com does not represent or warrant that the site will
function without interruption, that the site is error- or
defect-free, that any such defects or errors will be corrected, or that
the site and the server(s) that make the site available are free of viruses or
other harmful components. No advice or information, whether oral or written,
that you obtain from INSTANTRealEstateSolutions.com or otherwise through your
use of the site shall create any warranty on the part of
INSTANTRealEstateSolutions.com or the information providers. Further,
INSTANTRealEstateSolutions.com and the information providers do not warrant or
represent that the use or the results of the use of any content or materials
made available through the site or from third parties will be correct,
accurate, timely, reliable or otherwise.
LIMITATIONS ON LIABILITY
In no event shall INSTANTRealEstateSolutions.com, the
information providers or any other person or entity involved in creating or
distributing the site be liable for any direct, indirect, incidental, special
or consequential damages, however arising and under any theory of liability
(including, without limitation, tort, including negligence and strict
liability, breach of contract or breach of warranty), that result from your use
or inability to use the site, any changes to the site or this agreement,
unauthorized access to or alteration of your transmission of data, any material
or data sent or received or not sent or received, or any transactions entered
into through the site. INSTANTRealEstateSolutions.com is not responsible or
liable for any threatening, defamatory, obscene, offensive or illegal content
or conduct of any other party or any infringement of another's rights,
including intellectual property rights.
If you are dissatisfied with the site or the services,
content or materials available on or through the site, your sole and exclusive
remedy is to discontinue using the site. The foregoing limitations on liability
shall be applicable even if INSTANTRealEstateSolutions.com or the applicable
third party knew or should have known of the possibility of such damages and
notwithstanding the failure of essential purpose of any limited remedy. Some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you.
ALLOCATION OF RISK
You agree that the disclaimer of warranties, limitations on liability, and indemnification provisions set forth in this
agreement represent and agreed upon allocation of risk between you and
INSTANTRealEstateSolutions.com and form an essential
part of the basis of their bargain, without which
INSTANTRealEstateSolutions.com would not enter into this agreement or provide
the site.
OWNERSHIP OF MATERIALS
The contents of the Site, including without limitation text,
software, photos, graphics, and all other audiovisual elements are copyrighted
by INSTANTRealEstateSolutions.com as a collective work under the United States
copyright laws. Except for material in the public domain, INSTANTRealEstateSolutions.com
and its licensors hold copyrights to all content appearing on the Site.
INSTANTRealEstateSolutions.com permits, without charge, the reproduction and
distribution of INSTANTRealEstateSolutions.com material contained on the Site
for non-commercial educational and personal uses; provided that such materials
remain unaltered and are accompanied by a clearly visible copy of any copyright
notice appearing on such materials and by the Site's URL (http://{siteurl}). The only exception to this is any
INSTANTRealEstateSolutions.com Award graphic, link, text, criteria, rules, etc.. We retrain and reserve all rights to this information.
Other reproduction, distribution, retransmission, modification, public display,
and public performance of such materials is prohibited
without the prior written consent of INSTANTRealEstateSolutions.com. To obtain
such consent, please contact us.
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED
INSTANTRealEstateSolutions.com respects the intellectual
property rights of others. Pursuant to Title 17 U.S.C.512, as amended by Title
II of the Digital Millennium Copyright Act ("the Act"),
INSTANTRealEstateSolutions.com has implemented procedures for receiving written
notification of claimed copyright infringements and for processing such claims
in accordance with the Act. If you believe your copyrights are being infringed
by a Member, please contact us. The information requested by the Notice of
Infringement Form substantively complies with 17 U.S.C. 512(c)(3)(A),
which provides:
- To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 the service provider to locate the material.
- Information
reasonably sufficient to to permit the service
provider to contact the complaining party such as an address, telephone
number, and if available, electronic e-mail address at which the
complaining party may be contacted.
- 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.
- 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.
- Notification
from a copyright owner or from a person authorized to act on behalf of the
copyright owner that fails to comply substantially with the provisions
above shall not be considered as providing actual knowledge or an
awareness of facts or circumstances from which infringing activity is
apparent.
Please provide a Notice of
Infringement Form information each time you wish to report alleged acts of
infringement.
Please note that INSTANTRealEstateSolutions.com will
terminate in appropriate circumstances the account of any Member who repeatedly
posts infringing material on the Site.
INDEMNIFICATION
You agree to hold harmless INSTANTRealEstateSolutions.com
and its Information Providers and any other person or entity involved in
creating or distributing the Site, as well as each of their respective
affiliates and their respective directors, officers, employees and agents, from
and against any and all claims, liabilities, damages, losses, costs, fees
(including reasonable attorneys' fees) and expenses that such parties may incur
as a result of or arising out of your (or, in the case of Members, anyone using
your account's) use of, or conduct with respect to, the Site.
MODIFICATION OF AGREEMENT
You agree that INSTANTRealEstateSolutions.com may change the
terms and conditions of this Agreement, unilaterally, and at any time, by
conspicuously posting notice of such change on the Site for a period of five
(5) consecutive days. Continued use of the Site after such notice will
constitute your acknowledgment and acceptance of the revised terms and
condition.
GENERAL
This Agreement contains the complete and final statement of
the understanding between you and INSTANTRealEstateSolutions.com with respect
to, and supercedes any and all prior or contemporaneous
negotiations, agreements or communications, whether written or oral, between
you and INSTANTRealEstateSolutions.com concerning, the subject matter of this
Agreement.
If any provision of this Agreement is rendered by a court or
governmental agency of competent jurisdiction to be invalid, illegal, or
unenforceable, such invalidity, illegality or unenforceability shall not affect
the remainder of this Agreement, which shall remain in full force and effect
and be enforced in accordance with its remaining terms.
The waiver by INSTANTRealEstateSolutions.com of a breach or
default of any of the provisions of this Agreement by you shall not be
construed as a waiver of any succeeding breach of the same or other provisions;
nor shall any delay or omission on the part of INSTANTRealEstateSolutions.com
to exercise or avail itself of any right, power or privilege that it has or may
have hereunder operate as a waiver of any breach or default by you.
You agree that, regardless of any statute or law to the
contrary, any claim or cause of action that you may have arising out of or
related to use of the Site or this Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The section
titles in this Agreement are solely used for convenience and have no legal or
contractual significance.
All provisions of this Agreement that, by their nature,
survive termination of this Agreement will survive termination including
without limitation, the Site Rules, Public Areas, Links, Disclaimer of
Warranties, Limitations on Liability, Allocation of Risk, Ownership of
Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General
sections of this Agreement.