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| Definitions: As used herein, the term "Content" shall apply to any content, material or information of any type whatsoever, including property descriptions, listings, photographs, financial, contact or other information on the Acresale.com web site. As used herein, the term "User" shall refer to any person who accesses the Acresale.com web site for any purpose whatsoever. |
| This is a Contract: By acknowledging your acceptance of the terms and conditions contained herein, a contract will exist between User and Acresale, LLC. Acresale, LLC agrees that it will honor its obligations contained herein and in its Privacy Statement (which Acresale, LLC may amend from time to time and which User accepts so long as Acresale, LLC provides reasonable notice of such changes to its Users), as well as any other terms for providing service to which we may place in writing from time to time. Likewise, you too have duties and obligations under this contract to Acresale, LLC. In particular, you acknowledge that you are bound by the terms of this User Agreement and the terms and conditions contained herein, and that you will honor your promises to Acresale.com, LLC under this contract. Acresale.com, LLC reserves the right to modify and amend these terms, and to post the amended Terms and Conditions on its site. By using this site, User agrees to abide by the applicable Terms and Conditions, as amended from time to time. |
| Representation: User represents that it is duly licensed as a real estate broker/agent in each jurisdiction in which it conducts business. User represents that User is the sole real estate broker/agent for the property represented by the property descriptions, photographs, financial, contract or other information (the "Listing"). If User is submitting a Listing to Acresale.com as an owner, User agrees to pay procuring cause broker a commission at prevailing market rates. |
| Principal Agreement: If you register as a "Principal" on the Acresale.com web site, you agree that: (1) You are an individual or firm acting on his, her or the firm's behalf to purchase, sell or lease residential property. (2) You will not participate in for sale or for lease transaction commissions or otherwise act as a real estate broker, sales agent, or leasing agent as part of the Acresale.com community. (3) You are not an employee of a recognized real estate brokerage firm. |
| Access/No Minors: Acresale.com will provide User with access to its web site for the purpose of facilitating real property transactions. Acresale.com, LLC is acting as an online information provider, not as a broker or agent with regard to any Content or listing, unless indicated. No one under the age of 18 should access nor should information about any person under the age of 18 be included in any submission to this site. |
| Use of Content and Web Site: You may not copy, post or upload any of Acresale.com's Content (including, without limitation, property photographs or other graphic images) to an Internet web site, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between the Acresale.com Site, and or any Content thereon, to any other site or location. User will treat all information and Content obtained from the Acresale.com web site as proprietary to Acresale, LLC. User shall use this web site solely for User's own use. User may access the Acresale.com Content solely to obtain information from which further evaluation and investigation by the User may commence. User shall not use or reproduce all or any portion of the Content (e.g., graphic images) obtained from the Acresale.com web site except for User's personal non-commercial use and only if: (i) the Content is not modified in any way; and, (ii) the Content includes the following statement: "Copyright, Acresale, LLC, 2005. All rights reserved. Downloaded or copied with permission. Solely for personal non-commercial use." Under no circumstances may any content from the Acresale.com site be used for or in connection with any other listing service or web site. User may not use this web site or its Content for the benefit of persons who are not registered users nor may you allow unregistered users to access this web site through you or your User identification. All information and Content reserved for members will be maintained as confidential and shall be protected as trade secrets of Acresale, LLC and User shall treat such information as it treats its own confidential proprietary information. User shall not use the Acresale.com web site, or any information from the Acresale.com web site, to send unsolicited communications or "spam" to other Users of the Acresale.com web site or to any broker, agent or prospective buyer. |
| Submission and Administration of Content to the Web Site: User shall not submit any Content to the Acresale.com web site unless: (i) User has received all necessary rights and authorizations, including rights from the photographer/artist and copyright owner of any photographs and/or graphic images (as applicable) to publish and advertise the Content as part of the Acresale.com web site and to allow the Content to be accessed, downloaded and copied by Acresale.com, LLC and Users of the Acresale.com web site; (ii) the Content is accurate and User agrees to administer the Content and maintain its accuracy at all times; (iii) User is the authorized real estate broker or agent for any property represented by a listing within the submitted Content; and (iv) any User who is acting as a broker or agent has all necessary authorizations and licenses required to act in that capacity. No User shall submit or post any Content which: is inconsistent with the purpose, use or detrimental to, the Acresale.com web site; violates any applicable law, regulation or third party right; contains offensive, inaccurate, defamatory, libelous or slanderous statements, pornographic material or links to web sites containing unacceptable Content; encourages illegal activity or racism; provides instructions or discussions about illegal activities; promotes or utilizes software or services designed to deliver unsolicited email; relates to products or advertisements that are offensive or inappropriate; involves the potential infringement of any third party's copyright, trademark or other intellectual property rights; or for which Acresale, LLC believes has resulted or could result in legal liability or adverse publicity to Acresale.com, LLC as a result of such Content. |
| Right to Reject Content: Acresale.com, LLC assumes no responsibility or obligation to review any Content. Acresale.com, LLC reserves the right, in its sole discretion, to reject or remove any Content for any reason or purpose whatsoever. |
| Copyrights Acresale.com, LLC acknowledges User's copyright rights in its subjective and/or promotional remarks contained within any submitted Content. User acknowledges Acresale.com, LLC's copyright rights in the web site, including the selection, arrangement and display of facts within Content, and in subjective or discretionary information (if any) added by Acresale.com, LLC to any Content. Vis-a-vis any third party, Acresale, LLC may (but will have no obligation to) enforce User's copyrights in any Content submitted by User. User will indemnify Acresale.com, LLC for any and all costs and expenses (including attorneys' fees) associated with any legal action brought by or against User. |
| Other Rights of Acresale.com, LLC: User agrees that Acresale.com, LLC shall have the right to use any Content, or any portion thereof, and other information submitted to it for any purpose, including without limitation for publication of all or part of such Content on the World Wide Web for unrestricted use by others. Acresale.com, LLC shall have sole authority to choose the manner in which any Content will be received, accessed, displayed, downloaded and used by the services, and reserves the right to remove all or any part of a Content or refuse services to anyone at any time in its sole discretion. Acresale, LLC shall have no obligation to (i) resolve disputes among Users of the Acresale.com web site; or (ii) monitor or verify the accuracy or proper use of the Content. Acresale, LLC may terminate User's right to post Content on the Acresale.com web site immediately and without notice, and User's currently posted Content may be removed from the Acresale.com web site, in Acresale.com, LLC's sole discretion. |
| Unauthorized Access of Web Site: Unauthorized access of the web site, including by entering or monitoring the web site on any level other than through the Home Page, is expressly prohibited. |
| Framing Prohibited: User will not frame any page or portion of this web site. The creation and/or the facilitation of the creation of frames to this web site and/or any Content is expressly prohibited. |
| Links to Third Party Web Sites: Links on this web site permit you to leave the Acresale.com web site. These linked web sites are not under the control of Acresale, LLC and Acresale, LLC is not responsible for the operation, content or practices of those sites. Acresale, LLC is providing these links for the convenience of its Users and assumes no responsibility for those sites in any way. |
| No Warranty: Acresale, LLC does not warrant or make any specific or particular representations regarding the operation of the web site, the use, validity, or the results of the use of the materials on this web site, the products or services obtained through this web site or any other web sites linked to this web site. This web site, like the residential real estate business, is dynamic in nature. Thus, Acresale, LLC cannot guarantee the accuracy of, nor endorse or recommend any Content or listing provided. User uses any and all content at its own risk. Certain of the materials posted on this web site by those outside of Acresale.com may be out of date, and Acresale, LLC makes no commitment to update such materials. While it takes reasonable steps to prevent such problems, Acresale, LLC does not and cannot guarantee or warrant that the files or information available on or for downloading from this web site will be free from infection, viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties. Likewise, while it endeavors to make sure its services are always available to its Users, Acresale, LLC does not warrant that the web site, software, materials, products or service will be uninterrupted or error-free or that any defects in the web site, software, materials, products or service will be corrected. THE WEB SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ACRESALE, LLC MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEB SITE OR THE CONTENT, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND ACRESALE, LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Disclaimers of implied warranties may not be applicable in all jurisdictions. Check your state law. |
| Limitation of Liability: ACRESALE, LLC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF THE WEB SITE AND/OR ANY AND ALL CONTENT SHALL BE LIMITED TO THE GREATER OF (i) TWENTY-FIVE DOLLARS ($25), OR (ii) THE AMOUNTS, IF ANY, ACTUALLY RECEIVED BY ACRESALE, LLC FROM USER FOR THE POSTING OF LISTINGS ON THE WEB SITE IN THE PRECEDING TWELVE MONTH PERIOD. IN NO EVENT SHALL ACRESALE, LLC HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THE WEB SITE AND/OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF ACRESALE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF ACRESALE, LLC OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. |
| Release, Waiver and Covenant Not to Sue To the fullest extent allowed by law, User hereby releases and discharges Acresale, LLC and each of its officers, directors, employees, shareholders, business partners, customers and any other authorized agent or representative of Acresale, LLC, from any and all liability associated with User's use of the Acresale.com web site. This release shall apply to any and all claims, known or unknown, held by User. User hereby also agrees and covenants not to sue, and expressly waives any and all claims against, Acresale, LLC for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement. |
| Indemnity: User will indemnify and hold harmless Acresale, LLC at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs arising out of or relating to (i) breach of these terms and conditions, (ii) negligence or misconduct by User, (iii) a claim that any Content or other information provided by User infringes the copyright, trademark, trade secret, patent or other proprietary right of a third party or (iv) the use of any information or Content provided to Acresale, LLC. User will also indemnify Acresale, LLC for any and all costs and expenses (including attorneys' fees) associated with any legal action brought by User. |
| Termination/Cancellation/Modification: Either Acresale, LLC or User may terminate this Agreement, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Use of Content and Web site; Other Rights of Acresale, LLC; Unauthorized Access of Web site; Linking and Framing Prohibited; No Warranty; Limitation of Liability; release, waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction. Acresale, LLC may modify the Terms and Conditions at any time without notice by posting the amended terms on our web site. All amended terms shall automatically be effective 30 days after they are initially posted on our web site. |
| Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed under the laws of the State of Arizona without reference to conflict of laws principles. These Terms and Conditions are deemed entered into in Maricopa County, Arizona. All disputes arising out of or related to these Terms and Conditions, the Content or the Acresale.com web site shall be subject to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. |
| Entire Agreement: This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these Terms and Conditions shall be valid unless in writing and accepted by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. THE SUBMISSION OF INFORMATION TO, AND USE OF, THE REAL ESTATE LISTING MARKETPLACE AVAILABLE THROUGH THE ACRESALE.COM WEB SITE IS SUBJECT TO THE FOREGOING TERMS AND CONDITIONS. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE MARKETPLACE, YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE A LEGAL AGREEMENT BETWEEN YOU AND ACRESALE, LLC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE MARKETPLACE. The Terms and Conditions (as amended from time to time as provided herein) shall apply to each time you visit the Acresale.com web site. |
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