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RealtyGuys.com Terms and Conditions of Service and Use
1. TERMS AND CONDITIONS
RealtyGuys.com provides this Web site and the services offered on it (collectively, the "Services") under the following terms and conditions of service and use (the "Terms"). Please read them carefully. You understand and acknowledge that the Services are provided to you exclusively under these Terms. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification. RealtyGuys.com Inc. (the "Company") reserves the right to amend these "Terms and Conditions" from time to time. As used on this Web site, the terms "we", "us", or "our" refer to RealtyGuys.com. The terms "You", "Your" and "User" are used in this document to refer to all individuals and/or entities accessing this website.
2. DISCLAIMER
RealtyGuys.Com Inc. is a "For Sale By Owner" and “For Rent By Owner” marketing company. RealtyGuys.Com, Inc. is not a real estate broker or agent. RealtyGuys.Com, Inc. does not represent the buyer or seller and receives no commission on the sale of properties listed with RealtyGuys.Com, Inc. Information contained in the listings on RealtyGuys.Com, Inc. has been provided by the property owner. RealtyGuys.Com, Inc. assumes no responsibility and makes no guarantee to the accuracy or authenticity of information contained in the properties listed on RealtyGuys.Com, Inc. Any decision or action taken based on information contained in this site or any sites linked to it are the sole responsibility of the user. The Company will not be liable for any claim or damage arising out of interpretation, reliance upon or other use of the information.
3. COPYRIGHTS; RESTRICTIONS ON USE
The content of the Services, including without limitation, text, software, music, sound, photos, graphics, video, page layout and design and other material contained in the Services or information presented through the Services by RealtyGuys.com or its licensors (the "Content"), is copyrighted by RealtyGuys.com and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by Owners.com or its licensors. The Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of RealtyGuys.com and our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
4. LICENSE
You hereby grant to RealtyGuys.com and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicense able right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect the Content you provide to us to be published on the RealtyGuys.com Web site or on or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to Content contained on hyper linked pages or any other Content you do not submit to us.
5. TRADEMARKS AND COPYRIGHTED CONTENT
Certain of the names, logos, and other materials displayed on the RealtyGuys.com Web site and in and through the Services System constitute trademarks, trade names, service marks or logos ("Marks") of RealtyGuys.com or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. None of the Content may be reproduced without the written consent of RealtyGuys.com, with the exception of downloading or printing a hard copy for yourself to assist in your Self Service Real Estate transactions, provided that any Content copied remains intact and includes the following notice: "© 2006 RealtyGuys.com, Inc. All rights reserved."
6. DEALINGS WITH PARTNERS AND ADVERTISERS
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our partners, advertisers or sponsors found on or through the Services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such partner(s), advertiser(s) or sponsor(s). YOU AGREE THAT RealtyGuys.com 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 PARTNERS, ADVERTISERS OR SPONSORS ON OR THROUGH THE SERVICES.
7. EXTERNAL LINKS
Our provision of a link to any other Web site or location is for your convenience and does not signify our endorsement of such other Web site or location or its contents. Any concerns you may have regarding any external link should be directed to that link's Web site administrator or webmaster. Owners.com SHALL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEB SITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.
8. NO SPAM
We do not condone or allow spam. We prohibit you from using the Services to promote your own Web site or any business, product or service through the sending of unsolicited email. We reserve the right to investigate and terminate your rights under this Agreement.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. The Services are provided for your personal, noncommercial use only.
10. LIMITATION OF LIABILITY
EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OWNERS OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY WAY RELATED TO:
- the use or the inability to use the Services;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Services;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on or through the Services, including threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including intellectual property rights;
- your failure to adequately safeguard your password or access to the Services;
- any Content you access through the services, including, but not limited to, for any errors or omissions in any Content, or your use of or reliance on any Content posted, emailed or otherwise transmitted through the Services;
- termination of your access to or use of the Services as provided herein;
- the deletion or failure to store any information or data, communications or Content maintained or transmitted by or through the Services;
- any modification, suspension or discontinuance of the Services (or any part thereof) or these terms;
- use of or reliance on any Content, goods or services available on any other Web sites that you access through the Services; and
- any other matter relating to the Services or these Terms.
11. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
12. INDEMNIFICATION
You agree to indemnify, defend and hold harmless RealtyGuys.com, its parents, subsidiaries, affiliates, officers, directors, co-branders or other partners, employees, consultants and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (1) any information or Content (as defined below) that you (or anyone using your account) submits, posts or transmits through the Services, (2) your (or anyone using your account's) use of the Services, (3) your (or anyone using your account's) violation of these Terms, (4) your (or anyone using your account's) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines input by you into the RealtyGuys.com Web site or other Services.
13. EQUAL HOUSING OPPORTUNITY
All real estate property advertised on our Web site is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation or discrimination. We will not knowingly accept any advertising for real estate which is in violation of the law. If you are uncertain about the law, we suggest you familiarize yourself with the rights of buyers.
14.MISCELLANEOUS
The Terms constitute the entire and exclusive and final statement of the agreement between you and RealtyGuys.com with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and RealtyGuys.com with respect to the subject matter hereof. The Terms and the relationship between you and RealtyGuys.com shall be governed by the laws of the State of Nevada as applied to agreements made, entered into and performed entirely in Nevada by Nevada residents, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal or state courts having jurisdiction over Carson City County, Nevada and you and RealtyGuys hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect
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