TERMS
OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE
USING THIS SITE.
The materials on this Web
site, E RealEstateExec.com (the "Site") are provided
by Exec MediaGroup LLC ("Exec MediaGroup LLC") as
a service to its users and may be used for informational purposes
only subject to the provisions below. By downloading any materials
from or otherwise using this Site, you as a user ("you")
agree to these terms and conditions ("Agreement").
If you do not agree to them, do not use the Site or download
any materials from it. You agree that this Agreement (and,
if you are a user who has registered on this Site ("Registered
User"), any provisions included in the registration process)
is the complete and exclusive statement of the agreement between
Exec MediaGroup LLC and you, which supersedes any proposal
or prior agreement, oral or written, and any other communications
between you and Exec MediaGroup LLC relating to the subject
matter of this Agreement. EXEC MEDIAGROUP LLC MAY REVISE THIS
AGREEMENT AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD
VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN-CURRENT
TERMS BECAUSE THEY ARE BINDING ON YOU. CERTAIN PROVISIONS
OF THESE TERMS MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL
NOTICES OR TERMS LOCATED ON PARTICULAR PAGES AT THIS SITE
GENERAL: This Site acts
as a forum that enables you to locate and identify information
and services of interest to Real Estate professionals. Exec
MediaGroup LLC does not control the timing of or manner in
which any Vendor's products or services ("Products")
are delivered to you and does not guarantee the completion
of any transaction. Exec MediaGroup LLC may refuse to provide
services under the Site to anyone at any time, in its sole
discretion.
SINGLE COPY LICENSE: Except
as otherwise indicated on this Site, you may download limited
copies of the information or software ("Materials")
found on this Site for your personal, non-commercial internal
use only unless specifically licensed to do otherwise by Exec
MediaGroup LLC in writing or as allowed by any license terms
which accompany or are provided with individual Materials.
This is a license, not a transfer of title, and is subject
to the following restrictions: you may not: (a) use any automated
process or software robot to view, download, print or otherwise
use content from any Exec MediaGroup LLC sites. (b) use any
of the Sites or Content for the purpose of soliciting, for
any product, solution, or service, companies that have listings
or content included in the Sites content, (c) modify the Materials
or use them for any commercial purpose, or any public display,
performance, sale or rental, including, without limitation,
posting the Materials on any network computer or broadcasting
them in any media; (d) decompile, reverse engineer, or disassemble
software Materials except and only to the extent permitted
by applicable law; (e) remove any copyright or other proprietary
notices from the Materials; (f) transfer the Materials to
another person. You agree to prevent any unauthorized copying
of the Materials. Exec MediaGroup LLC reserves all rights
not expressly granted in this Agreement.
OWNERSHIP OF MATERIALS:
This Site and Materials located thereon are copyrighted and
are protected by worldwide copyright, trademark, trade dress
and other intellectual property laws and treaty provisions
and may not be copied, reproduced, modified, published, uploaded,
posted, transmitted, or distributed in any way, without Exec
MediaGroup LLC's prior written permission. Except as expressly
provided herein, Exec MediaGroup LLC and its suppliers do
not grant, by implication, estoppel or otherwise, any express
or implied right to you under any patents, copyrights, trademarks,
or trade secret information. Other rights may be granted to
you by Exec MediaGroup LLC in writing or incorporated elsewhere
in the Materials.
PASSWORDS: If you are
a Registered User, Exec MediaGroup LLC will issue to you certain
passwords and user identification numbers for access to certain
areas of the Site. You agree not to disclose such passwords
and user identification numbers issued to you to any third
party.
TERMINATION OF ACCESS: If you breach any of the terms or conditions
of this Agreement, Exec MediaGroup LLC may, at its sole discretion,
(a) suspend your access to certain areas of the Site or (b)
terminate your access to certain areas of the Site. Whether
or not a breach results in suspension or termination depends
on several factors, including but not limited to the severity
of the breach, the potential harm to other users or to Exec
MediaGroup LLC, and whether or not the breach is repeated
or cured. If Exec MediaGroup LLC suspends or terminates your
right to access or use the Exec MediaGroup LLC or its subsidiary
publications Site then Exec MediaGroup LLC shall, within a
reasonable time, provide notice to you of such action. Upon
termination, you will immediately destroy the Materials and
all licenses herein shall immediately terminate.
DISCLAIMER: THIS SITE AND ANY MATERIALS ARE PROVIDED "AS
IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
EXEC MEDIAGROUP LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL EXEC
MEDIAGROUP LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE MATERIALS OR THE SITE,
EVEN IF EXEC MEDIAGROUP LLC HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL EXEC MEDIAGROUP LLC NOR
ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS EMPLOYEES
OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING
OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM
OF CLAIM OR ACTION, IN AN AMOUNT THAT EXCEEDS THE GREATER
OF (A) THE TOTAL FEES PAID BY YOU TO COMPANY (IF ANY) OR (B)
ONE HUNDRED DOLLARS ($100.00). Because some jurisdictions
prohibit the exclusion or limitation of liability for consequential
or incidental damages, the above limitation may not apply
to you. Without limiting the foregoing, you should be aware
that the Materials may contain errors, omissions, inaccuracies,
or outdated information. Exec MediaGroup LLC makes no representations
or warranties as to the completeness, accuracy, adequacy,
currency, or reliability of any Materials and shall not be
liable for any lack of the foregoing. Exec MediaGroup LLC
makes no commitment to update the Materials.
Furthermore, the term
"REALTOR®" if used and is done so without the
direct relationship to a member of the National Association
of REALTORS® is purely done so in the colloquial sense
and that any person or company involved in the Real Estate
trade and not necessarily their NAR status. This publication
is not associated with the National Association of REALTORS®.
Lee Papa Ciambra, an owner of Exec MediaGroup LLCis a Real Estate licensee of the state of Nevada, but is not acting
in any capacity to assist you in buying or selling Real Estate
or giving you advice with this publication, and you by using
this site so agree, and further agree that there is no agency
relationship and thus no fiduciary duties owed by Ms. Papa
aka Ms. Ciambra to you.
RELEASE: Exec MediaGroup
LLC is not a party to any actual engagement between Vendors
and you. As a result, Exec MediaGroup LLC has no control over
the quality, safety or legality of Vendors or their services.
You are wholly responsible for all activities conducted through
your account in accessing the Site. Exec MediaGroup LLC cannot
and does not control whether or not Vendors will complete
their services or other obligations. Further, it is not commercially
reasonable for Exec MediaGroup LLC to authenticate the Vendors,
and Exec MediaGroup LLC cannot and does not confirm that each
Vendor is who it claims to be. Exec MediaGroup LLC encourages
you to develop safe business practices when using the Internet.
Exec MediaGroup LLC also encourages you to communicate directly
with Vendors from the Web Site to help you evaluate with whom
you are dealing. You release Exec MediaGroup LLC (and its
members, managers, agents and employees) from all claims,
demands and damages of every kind and nature (including, but
not limited to, actual, consequential, special, punitive and
incidental damages), known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with your relationship with the Vendors or the services provided
by the Vendors or any actions or omissions of a Vendor. In
no case will Exec MediaGroup LLC be liable for any legal actions
brought against you by such Vendors, and you agree to defend,
indemnify and hold Exec MediaGroup LLC harmless from all such
claims, demands and damages at your sole expense.
USER SUBMISSIONS: Any
material, information or other communication you transmit
or post to this Site will be considered non-confidential and
non-proprietary ("Communications"). Exec MediaGroup
LLC will have no obligations with respect to the Communications,
provided that any personally identifiable information shall
be handled in the manner set forth below. Exec MediaGroup
LLC and its designees will be free to copy, disclose, distribute,
incorporate and otherwise use the Communications and all data,
images, sounds, text, and other things embodied therein for
any and all commercial or non-commercial purposes, provided
that any personally identifiable information shall be handled
in the manner set forth below. You are prohibited from posting
or transmitting to or from this Site any unlawful, threatening,
libelous, defamatory, obscene, pornographic, or other material
that would violate any law or any rights of a third party.
USE OF PERSONALLY IDENTIFIABLE
INFORMATION:
Personally identifiable
information submitted by you to Exec MediaGroup LLC through
forms on the Site is treated according to Exec MediaGroup
LLC's Privacy Policy located on this Site. You agree you have
read and understand the Privacy Policy.
USER FORUMS/BLOGS: Exec
MediaGroup LLC may, but is not obligated to, monitor or review
any areas on the Site where users transmit or post communications
or communicate solely with each other, including but not limited
to blogs, chat rooms, bulletin boards or other user forums,
and the content of any such communications. Exec MediaGroup
LLC, however, will have no liability related to the content
of any such communications, whether or not arising under the
laws of copyright, libel, privacy, obscenity, or otherwise.
Exec MediaGroup LLC does not make any endorsements of such
communications nor representations that such communications
are true and accurate. You should be cautious when acting
on information provided by contributors to these blogs, chat
rooms, bulletin boards and other forums. You should not rely
upon the information and opinions of the blogs, chat rooms,
bulletin boards or other forums.
LINKS TO OTHER SITES:
Any links on this Web site may let you leave the Exec MediaGroup
LLC Site and go to other Web sites. The linked sites are not
under the control of Exec MediaGroup LLC, and Exec MediaGroup
LLC is not responsible for the content, the accuracy thereof
or any other aspect of any linked site or any link contained
in a linked site. Exec MediaGroup LLC reserves the right to
terminate any link or linking program at any time. Exec MediaGroup
LLC does not endorse companies or products to which it links
and reserves the right to note as such on its Site. If you
decide to access any of the third party sites linked to this
Site, you do this entirely at your own risk.
INDEMNIFICATION: You hereby
agree, at your own expense, to indemnify, defend and hold
Exec MediaGroup LLC harmless from and against any loss, cost,
damages, liability, or expense arising out of or relating
to any third-party claim, action or allegation brought against
Exec MediaGroup LLC based upon or relating to (a) a dispute
between you and a Vendor over the terms and conditions of
a contract or related to the purchase and sale of any goods/services,
(b) a breach by you of the terms and conditions of this Agreement,
or (c) any action of you or a Vendor which violates any law,
regulation or rights of a third party.
MISCELLANEOUS: Exec
MediaGroup LLC controls this Site from its offices within
the United States of America. Exec MediaGroup LLC makes no
representation that Materials in the Site are appropriate
or available for use in other locations, and access to them
from territories where their content is illegal is prohibited.
Those who choose to access this Site from other locations
do so on their own initiative and are responsible for compliance
with applicable local laws. You may not use or export the
Materials in violation of U.S. export laws and regulations.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF NEVADA WITHOUT REGARD TO ITS
RULES GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE
EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING
IN ANY MANNER TO THIS AGREEMENT SHALL ONLY BE IN A FEDERAL
OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN CLARK
COUNTY, NEVADA, U.S.A. If any provision of this Agreement
is for any reason held unenforceable or invalid, then this
Agreement shall be construed as if such provision were not
contained in this Agreement. No action arising out of this
Agreement may be brought by you more than two years after
the date the cause of action has accrued. You may not assign
this Agreement or any of its rights or obligations without
the prior written consent of Exec MediaGroup LLC, and any
such attempted assignment will be void. Subject to the foregoing,
this Agreement shall inure to the benefit of and be binding
upon the permitted successors, legal representatives and assigns
of the parties hereto. Notwithstanding anything else set forth
herein to the contrary, the relationship between you and Exec
MediaGroup LLC is an independent contractor relationship only,
and nothing herein shall be construed to create a partnership,
joint venture, franchise, employment, or any other agency
relationship between the parties. If any provision hereof
is declared invalid by a court of competent jurisdiction,
such provision shall be ineffective only to the extent of
such invalidity, so that the remainder of that provision and
all remaining provisions of this Agreement will continue in
full force and effect. The Materials are provided with "RESTRICTED
RIGHTS." Use, duplication, or disclosure by the Government
is subject to restrictions as set forth in FAR52.227-14 and
DFAR252.227-7013 et seq. or its successor. Use of the Materials
by the Government constitutes acknowledgment of Exec MediaGroup
LLC's proprietary rights in them.
|