Top Selling Agent Terms of Use (June 29, 2010)

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) BEFORE USING THIS SITE. YOUR ACCESS AND USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE, OUR PRIVACY POLICY, AND ANY ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY TO SPECIFIC SECTIONS OF OUR SITE OR TO PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE.

IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE PRODUCTS OR SERVICES PROVIDED BY THIS SITE.

IF YOU DO NOT AGREE TO COMPLY WITH THE TERMS OF USE PLEASE DO NOT USE THIS WEB SITE. PLEASE REVIEW THESE TERMS OF USE PERIODICALLY AND CHECK THE VERSION DATE FOR CHANGES.

1. General

This TopSellingAgent.com web site, (“Web Site”) is a service made available by Lightspeed Intermedia LLC (“Provider” “we” “us” ), and all information, material, services, and products provided on and through the Web Site ( collectively, “Content”) may be used solely under these Terms of Use. We reserve the right, at our discretion at any time, to change, add or delete these Terms of Use, in which case the revised Terms of Use will appear on the Web Site. Users of the Web Site should periodically check for changes to Terms of Use. Continued use of the Web Site after we post any such changes will constitute your acceptance of the Terms of Use, as modified.

2. Intellectual Property. The Web Site and all of its Content, including all software, data and information used to provide this Web Site (collectively, “Intellectual Property”) is protected by copyrights, trademarks, service marks, and other proprietary rights and laws. The Intellectual Property is owned or controlled by the Web Site and/or our affiliates or licensors, and your use of the Web Site constitutes your acknowledgement of same. Except as expressly provided for nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. Web Site does not assert copyright or other intellectual property rights to any third party content that may be contained on the Web Site.

A) Web Site License. As a user of this Web Site, you are granted a nonexclusive, nontransferable, revocable limited license to access and use the Web Site and Content in accordance with these Terms of Use.

B) Limitations on Use. You may use the Web Site and Content for your own personal use for informative purposes only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create any derivative works from this Web Site or Content. Nor may you use any networking architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or manual device to monitor or copy our Web Site. You may not distribute or post spam. You may not use the Web Site to transmit false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, upload, transmit, sell, create derivative works, display or transmit for any purpose all or any portion of this Web Site, except to the extent permitted herein. You may not violate any laws, third party rights or the Web Site’s policies. Any unauthorized use of the Web Site or Content is prohibited. We reserve the right, at any time and without notice, to suspend or terminate your right to use this Web Site, or any portion of the Web Site, for violation of copyrights or any other rights belonging to us or a third party.

C) License to Web Site. By submitting and/or posting material to the Web Site, including without limitation, text, photos and video, you represent and warrant that you are the owner of the material, or that the owner of the material has consented to your use, and that you are thirteen years old or older. You solely will be responsible for any damages resulting from any infringement of copyrights, proprietary rights, or other harm resulting from any uploading, posting, or submission. By submitting or posting material, you grant Provider an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, sub-licensable right and license to make, display, perform, use, modify, reproduce, adapt, publish, transmit, create derivative works from and distribute such material and/or incorporate it in other works in any form, medium or technology now known or later developed in connection with the Web Site, including for marketing, advertising, publicity and promotional purposes, and without permission or notification, to you or any third party. You also grant to us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name or member name as we deem appropriate.

D) Notification of Alleged Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Web Site in a manner that constitutes copyright infringement, please direct notice of alleged infringement to us via mail or courier at the address listed in the Contact Us area of the Web Site.

3. No Endorsement. Provider does not endorse any of the real estate agents and/or brokers advertised, listed and/or profiled on this Web Site (collectively, “Real Estate Professionals”). No representation is made that the quality of real estate services performed by the agents and/or brokers found in this website will be greater than that of other licensed real estate agents and/or brokers and past results do not guarantee future success. Provider and/or Web Site is not affiliated with any real estate broker and has developed its own selection methodology. Provider and /or Web Site is not affiliated with any state or regulatory body and the listings do not certify or designate a real estate professional as a specialist.

4. Services. We provide you with access to the Web Site and Content, including web sites and/or applications, services, products and materials that third parties control (collectively, “Services”). For all of the Services, Provider is not involved in any of the transactions between you and any of the advertisers and/or Real Estate Professionals, and is not responsible for and does not guarantee the price or performance of any good, service or information provided by advertisers and/or Real Estate Professionals. If you have a dispute with any advertiser and/or Real Estate Professional, you release Provider from any claims and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

5. Third Party Communications. As used herein, “Third Party Communications” means any communication, message or other information directed to you from any third party directly or indirectly in connection with this Web Site or any communication, message or other information sent by you to third parties or to the Web Site or posted by you or third-parties on any part of the Web Site. Provider disclaims all liability for any Third Party Communications or actions you may take or reframe from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Provider assumes no responsibility for verifying and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communication.

6. Third Party Content and Links to Other Sites. As used herein, Third Party Content is content that is not affiliated with, endorsed or adopted by the Web Site. Third Party Content may appear on this Web Site or be accessible via links from this Web Site. Provider will not be responsible for and assumes no liability for representations, opinions, misstatements, omissions, illegality of or for any inaccuracy or error in any Third Party Content. The accuracy, completeness, adequacy or currency of the Third Party Content is not warranted or guaranteed. Third Party Web sites are not under the control of Provider and their inclusion on the Web Site does not imply any affiliation, endorsement or adoption by us of the site or any information contained therein. When leaving this Web Site our terms and policies no longer apply. You should consult the privacy policy of such other web site(s).

7. No Monitoring of Third Party Content. You understand that Provider does not, and has no obligation to, screen or monitor Third Party Content and is not responsible for the content in such postings or any content linked to or from such postings. Because Provider does not control the content posted by others, Provider does not guarantee the accuracy, integrity or quality of such content. Provider however reserves the right, in its sole discretion, to monitor interactive areas, screen postings, cause postings not to be posted, published uploaded or distributed, and remove postings at any time and for any reason or no reason.

8. Disclaimer of Responsibility for Third Parties. Provider is not responsible for and assumes no liability for any mistakes, misstatements, defamation, slander, liable, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations, or any other form of content contained in any third party content appearing on the Web Site. You understand that the opinions and information in any third party content is neither endorsed not does it reflect the belief of Provider. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEB SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE.

YOU AGREE THAT AT NO TIME WILL PROVIDER BE LIABLE FOR THE RESULTS OF ANY INTERPERSONAL INTERACTIONS TO WHICH YOU ARE EXPOSED OR IN WHICH YOU BECOME INVOLVED THROUGH THE WEB SITE.

9. Privacy Policy. For a description of our collection and use of personally identifiable information and other data,9. Privacy Policy. For a description of our collection and use of personally identifiable information and other data, please read our Privacy Policy. By accepting this Agreement, you expressly consent to our use of your personal information as contained in our Privacy Policy, which is incorporated herein by reference. Our current Privacy policy is available here.

10. Disclaimer of Warranties. accuracies, typographical errors and other problems. Provider does not represent or warrant that the Web Site, the functions contained in the Web Site , or Content( including third-party and services offered through the Web Site) on the Web Site will be interrupted or error free, free of defects and/or that defects will be corrected, or free of viruses or other harmful components.

THIS WEB SITE AND ALL OF THE MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE WEB SITE ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THT USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, OR ANY THIRD PARTY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK.

Provider, its owners, affiliates, licensors and licensees expressly disclaim all warranties, express or implied by statute or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. Provider disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or in any way related to any errors or omissions from the Web Site or Content, including but not limited to technical issues, any third party web site or content accessed through links in the Web Site, the unavailability of the Web Site or any portion thereof, your use of the Web Site or your use of any software or service in connection with the Web Site.

11. Limitations of Liability: Provider shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the Web Site and Content or your posting of any personal information, whether publically available or not, or the posting or disclosure of any information posted by Web Site or otherwise stored on the Web Site, whether publically available or not. PROVIDER, ITS OFFICERS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE MATERIALS OR SERVICES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are dissatisfied with any portion of the Web Site, any services or products, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Web Site. To the extent the foregoing limit of liability is prohibited, Provider’s sole obligation to you for damages shall be limited to $100.00.

12. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access to this Web Site and their features.

13. Governing Law and Claims. These terms of use shall be governed by and construed in accordance with the Laws of the State of California without regard to any conflict of law provisions. Any action or dispute arising out of or relating to this Agreement must be resolved exclusively by the state or federal courts of the State of California , in the county of Los Angeles or Riverside County, and you hereby submit to the personal jurisdiction of such courts for the purpose of litigating such claims. 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 must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Severability and Entire Agreement. These Terms of Use incorporate by reference any notices contained on the Web Site, including the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Web Site and Content. If any provision is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

15. Modification. Provider may change, add or delete these Terms of use or any portion thereof from time to time at its sole discretion.