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PROPERTY REFERRAL SERVICES, INC. dba WHERESMYCONDO.COM TERMS AND CONDITIONS OF USE
WHAT YOU SHOULD KNOW
Welcome to the wheresmycondo.com web site (the "Web Site"). The Website is owned and operated by Property Referral Services, Inc. dba wheresmycondo.com (referred to herein as "PRS").
The goal of this Web Site is to provide you with access to a comprehensive listing of unique condominium, townhome and loft properties as well as related real estate products, services and links to meet your needs in connection with your real estate purchase. Please read our Terms of Use (the "Terms") carefully before continuing on with your use of this Web Site. The Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. By accessing or using the Web Site, you agree to the Terms. The Terms are meant to protect all of our Web Site visitors and your use of the Web Site signifies your agreement with the Terms. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT USE THIS WEB SITE. PRS reserves the right, in its sole discretion, to modify, alter or otherwise update the Terms at any time. Such modifications shall be effective immediately upon posting. By using the Web Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms.
In accordance with our goals, the Web Site will permit you to link to other web sites, that may or may not be affiliated with the Web Site and/or PRS and that may have terms of use that differ from, or contain terms in addition to, the terms specified herein. Your access to such web sites through links provided on the Web Site is governed by the terms of use and policies of those sites, not the Web Site.
PRIVACY
Registration data and certain other information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy which can be found on wheresmycondo.com.
REAL ESTATE SERVICES
By entering information on the Web Site, you agree that all such information you have provided is true and correct.
You authorize PRS to forward your information to its network of real estate professionals and Providers. You further understand and agree that by submitting that you are interested in a property or service on the Web Site, you are extending an express invitation for the person who provided information to PRS regarding the property or service to contact you by telephone at the numbers and/or email address that you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. You understand that these Providers and real estate professionals may keep the information you submit whether or not you communicate with them regarding a real estate listing and whether or not you complete a real estate transaction with them. In certain geographic areas, PRS may list and sell properties for a real estate brokerage commission of up to 6% of the sales price of the property. However, in connection with most of the properties posted on wheresmycondo.com, real estate brokerage activities are performed by local licensed real estate brokers. In connection with such transactions that are handled by a local licensed real estate broker, PRS may charge a flat listing fee to the broker or may act as a referring broker in exchange for a real estate brokerage referral fee of up to 40% of the local broker's commission, as PRS may negotiate with such local licensed broker in its sole discretion. Your use of the Web Site and/or PRS's services constitutes your agreement with this compensation arrangement. Cash, gift certificates, points or mileage incentives, if any, may be available from time to time to customers who use a PRS network real estate professional to buy or sell their home; when such incentives are available to consumers, they will be posted on the Web Site along with the terms of such incentives. Certain states require that incentives be given as either a credit at closing or as a reduction of your real estate commission. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions may apply.
By creating an account or otherwise registering with the Web Site, you hereby understand and agree that you have established a business relationship between you and PRS, which is the owner of the Web Site. As such, you agree that PRS may contact you using information you provided with information and offers of services available through PRS and any of its websites or affiliatesÕ websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
The Web Site is owned and operated by Property Referral Services, Inc. dba wheresmycondo.com, 370 S. Doheny Drive, Suite 205, Beverly Hills, CA 90211, telephone 818 915 3556. All content on the Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by PRS or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to PRS. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of PRS or the Providers. You may request consent by faxing a request to PRS, Attn: Legal Department at 310-362-8896. Without the prior written consent of PRS or the Providers, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates PRSÕ and/or the ProvidersÕ copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of the Web Site, you warrant to PRS that you will not use the Web Site for any purpose that is unlawful or prohibited by the Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of the Terms, your permission to use the Web Site immediately terminates without the necessity of any notice. PRS retains the right to deny access to the Web Site to anyone at its discretion for any reason, including, without limitation, for violation of the Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on the Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on the Web Site without prior written consent of PRS.
LINKS
This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under PRS's control, and PRS is not responsible for, and does not endorse, such content, whether or not PRS is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to the Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by PRS, or its affiliates or Providers without the express written consent of PRS, which may be denied in the sole discretion of PRS.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, PRS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PRS, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THE WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. PRS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THE WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT PRS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER PRS, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THE WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THE WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRS AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THE WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PRS IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, PRS's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PRS and the Providers, its and their owners, officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of the Terms
THIRD PARTY RIGHTS
The Terms are for the benefit of PRS and its Providers, its and their owners, officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce the Terms directly against you on its or their own behalf.
JURISDICTIONAL ISSUES & DISPUTE RESOLUTION
Unless otherwise specified, the content contained in the Web Site is presented solely for your convenience and/or information. The Web Site is controlled and operated by PRS from its offices within Beverly Hills, CA. PRS makes no representation that content in its Web Site is appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in the Web Site in violation of U.S. export laws and regulations. The Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within such State.
Any claim or controversy arising out of or relating to the use of the Web Site, to the goods or services provided by PRS, or to any acts or omissions for which you may contend PRS is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Los Angeles County, California, except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to PRS. In any arbitration, PRS will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party; provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Los Angeles County, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND PRS WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using PRSÕs goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and PRS, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Los Angeles County, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
ENTIRE AGREEMENT
The provisions and conditions of the Terms, and each obligation referenced herein, represent the entire Agreement between PRS, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between the Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail. A printed version of this Agreement and of any notice given in electronic form shall 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. All rights not expressly granted herein are reserved.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY PRS
These Terms of Use were last updated on September 19, 2005.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
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