ADDvantage REAL ESTATE NETWORK
ONLINE USER AGREEMENT AND PRIVACY POLICY
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING ANY ADDvantage Real Estate Network (COLLECTIVELY INCLUDES CASHADDvantage, MLSADDvantage, HOMEADDvantage, STREETSMART, STREETSMARTADDvantage, PARTNERADDvantage, TITLEADDVANTAGE, BUILDERSADDVANTAGE, REOADDVANTAGE, COMMERCIALADDVANTAGE, AND LOANADDvantage) WEB SITE (COLLECTIVELY, THE "WEB SITE" OR "SERVICE") YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF, AND BE LEGALLY BOUND BY, THIS ONLINE USER AGREEMENT AND PRIVACY POLICY (THIS "AGREEMENT") BETWEEN YOU AND ADDvantage Real Estate Network. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEB SITE.
1.
GENERAL INFORMATION.
1.1. Changes. The Web Site is provided by ADDvantage REAL
ESTATE NETWORK ("ADDvantage REAL ESTATE NETWORK"). ADDvantage
REAL ESTATE NETWORK reserves the right, at its discretion, to change the
terms of this Agreement and/or change, suspend, discontinue or modify any
aspect of the Web Site. Such modifications may include, without limitation,
changes in content, in user priorities, and discontinuance of functional
aspects of the Web Site.
1.2. Notices of Changes. Any notice or statement of
changes/modifications described in Section 1.1 above will be displayed
online, and any such display shall constitute effective notice under this
Agreement for all purposes. You agree to review the terms and conditions of
this Agreement periodically to be aware of such revisions. Additionally, your
continued use of the Web Site after the posting of any notice of a change in
the terms and conditions shall constitute your acceptance to be bound by the
express terms of any such changes.
2. THE
SERVICE AREA.
2.1. The "Service Area" shall mean all areas and
aspects of the Service including, without limitation, text, data, photos,
graphics and/or video or any information whatsoever obtained through the Web
Site (collectively referred to herein as "Information"), ADDvantage
REAL ESTATE NETWORK computers or network and any subscription or
software, product, service, or information provided by ADDvantage REAL ESTATE
NETWORK. ADDvantage REAL ESTATE NETWORK has entered into
contractual relationships with certain vendors, sponsors, and advertisers of
products or services (the "Vendors"), pursuant to which ADDvantage
REAL ESTATE NETWORK may link to or display Information, advertisements,
discounts, products, goods, or services offered by the Vendors. ADDvantage REAL
ESTATE NETWORK does not guarantee the availability or accuracy of any
such Vendor Information or offers, nor does it endorse, guarantee nor insure
any Vendor products or services.
2.2. ADDvantage REAL ESTATE NETWORK shall not be
held liable, directly or indirectly, for any loss or damage caused by your use
of: (a) any external site linked to the Service, (b) Vendor Information, or
(c) Vendor products or services. Statements made on the Service Area
concerning the products or services of ADDvantage REAL ESTATE NETWORK do
not constitute an offer, but are merely solicitations of an offer.
3.
LIMITATIONS ON USE AND USER SUBMISSIONS.
3.1. Copyright, Patent and Trademark Notice. All content
of the Web Site provided by ADDvantage REAL ESTATE NETWORK, including, but
not limited to, all text, photos, graphics, audio, software, presentations in
any format and/or video is copyrighted by ADDvantage REAL ESTATE NETWORK
or its affiliates or subsidiaries of ADDvantage REAL ESTATE NETWORK
which include MLSADDvantage, StreetSmartADDvantage,
HomeADDvantage, PartnerADDvantage, RealEstateByYourRules and CashADDvantage. All rights reserved.
No portion of the Information or other materials may be directly
or indirectly copied, published, reproduced, modified, performed, displayed,
sold, transmitted, published, broadcast, rewritten for broadcast or publication
or redistributed in any medium, whether now known or hereafter created. The
foregoing prohibition includes, but is not limited to "screen
scraping" or "database scraping" to obtain lists of users or
other Information. Nor may any portion of the Information or other materials be
stored in a computer or distributed over any network, except that you may
download or print one copy of pages strictly for personal and non-commercial
use; however, any print out of any page of the Web Site or portion thereof,
must include ADDvantage REAL ESTATE NETWORK's copyright notice.
ADDvantage REAL ESTATE NETWORK and its associated logos,
page headers, custom graphics, buttons, and other icons are service marks,
trademarks, registered service marks, registered trademarks, and/or trade dress
of ADDvantage REAL ESTATE NETWORK. All other content product names and
company logos are trademarks of their respective owners. Neither these
materials, nor any portion thereof, may be stored in a computer except as
reasonably necessary for personal and non-commercial use; however, any print
out of any page of the Web Site or portion thereof, must include ADDvantage
REAL ESTATE NETWORK copyright notice.
3.2. Notice of Copyright Infringement. ADDvantage REAL
ESTATE NETWORK respects the copyrights of others. ADDvantage REAL ESTATE
NETWORK reserves the right, but not the obligation, to terminate your
license to use the Services if it determines in its sole and absolute
discretion that you are involved in infringing activity, including alleged acts
of first-time or repeat infringement, regardless of whether the material or
activity is ultimately determined to be infringing. ADDvantage REAL ESTATE
NETWORK has implemented procedures for receiving written notification of
claimed infringements. If you believe that your copyrighted work has been
reproduced on the Web Site in a way that constitutes copyright infringement you
may notify our designated copyright agent, Wayne Harper wvharper@floridaiplaw.com.
3.3. Restricted Use of the Site. You agree to use the
Service Area and Information for lawful purposes only. You agree not to post or
transmit any information through the Service Area which: (a) infringes the
rights of others or violates their privacy or publicity rights, (b) is
unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane,
indecent or otherwise objectionable, or (c) is protected by patent, copyright,
trademark or other proprietary right without the express permission of the
owner of such right. You shall be solely liable for any damages resulting from
any infringement of patent, copyright, trademark or other proprietary rights,
or any other harm resulting from your use of the Service.
3.4. Your Submission of Messages. You hereby reserve and
restrict all use of any email or other electronic communication sent to ADDvantage
REAL ESTATE NETWORK as confidential and personal. ADDvantage REAL ESTATE
NETWORK will not reproduce, in whole or in part, (without your written
prior approval) any electronic messages sent by you nor will we reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform, display and use for any purpose other than for internal use for the
sole purpose of advertising your property for sale of lease.
3.5. Public messages. All electronic forums made available to users
of the Service are the sole property of ADDvantage REAL ESTATE NETWORK and
are not a public forum. You understand and acknowledge that all information,
data, files, software, music, sound, photographs, graphics, video, messages or
other materials posted by any person or entity other than ADDvantage REAL
ESTATE NETWORK ("Third-Party Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which
such Third-Party Content originated. You assume total liability for all Third-Party
Content that you upload, post, email or otherwise transmit via the Service. ADDvantage
REAL ESTATE NETWORK assumes no liability for any such Third-Party
Content. You agree not to use the Service to:
A. upload, post, e-mail or otherwise transmit any
Third-Party Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
or hateful, or is racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including, but not
limited to, an official or representative of ADDvantage REAL ESTATE NETWORK,
or falsely state or otherwise misrepresent your affiliation with a person or
entity;
D. forge headers or otherwise manipulate identifiers to
disguise the origin of any Content transmitted through the Service;
E. upload, post, e-mail or otherwise transmit any
Third-Party Content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
F. upload, post, e-mail or otherwise transmit any
Third-Party Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
G. upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of solicitation;
H. upload, post, e-mail or otherwise transmit any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment or network;
I. disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users' ability to
engage in real time exchanges;
J. interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
K. intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
L. "stalk" or otherwise harass another; or
M. collect or store personal data about other users.
You acknowledge that ADDvantage REAL ESTATE NETWORK does
not pre-screen Third-Party Content, but that ADDvantage REAL ESTATE NETWORK
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Third-Party Content that is available via
the Service. Without limiting the foregoing, ADDvantage REAL ESTATE NETWORK
and its designees shall have the right to remove any Third-Party Content
that violates this Agreement or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use of any Third-Party
Content, including any reliance on the accuracy, completeness, or usefulness of
such Third-Party Content.
You acknowledge and agree that ADDvantage REAL ESTATE NETWORK
may preserve Third-Party Content and may also disclose Third-Party Content
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce this Agreement; (c) respond to claims that any Third-Party
Content violates the rights of other third-parties; or (d) protect the rights,
property, or personal safety of ADDvantage REAL ESTATE NETWORK, its users,
or the public.
3.6. Linking. Without the prior written consent of ADDvantage
REAL ESTATE NETWORK, you may not use any of ADDvantage REAL ESTATE
NETWORK proprietary logos, marks, or other distinctive graphics, video,
or audio material in your links. You may not link to the Web Site or to any
page thereof or engage in the practice of "deep linking" in any
manner reasonably likely to: (a) imply affiliation with or endorsement or
sponsorship of or by ADDvantage REAL ESTATE NETWORK; (b) cause confusion,
mistake, or deception; (c) dilute ADDvantage REAL ESTATE NETWORK'
trademarks or service marks; (d) otherwise violate state or federal law; or (e)
constitute improper disparagement or disclosure concerning ADDvantage REAL
ESTATE NETWORK or any of its respective affiliates, or their respective
officers, directors, agents, franchises, or Vendors. You may not frame or
otherwise incorporate into another Web Site any of the Information or other
materials on this Web Site without the prior written consent of ADDvantage REAL
ESTATE NETWORK.
4. ACCESS
AND DELAYS IN SERVICES.
ADDvantage REAL ESTATE NETWORK, its affiliates,
subsidiaries, and Vendors shall have no responsibility to provide you access to
the Web Site. Further, ADDvantage REAL ESTATE NETWORK, its affiliates,
subsidiaries, and Vendors shall not be liable to you for any loss or liability
resulting, directly or indirectly, from delays, inaccuracies, errors, omissions
or interruptions of the Service for any reason, including, without limitation,
due to electronic or mechanical equipment failures, telephone interconnect
problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed
conflicts, acts of war, acts of terrorism, or to other like causes.
5.
MONITORING OF SITE.
You acknowledge that ADDvantage REAL ESTATE NETWORK reserves
the right to, and may from time to time, monitor for all lawful purposes any
and all Third-Party Content transmitted or received through the Service. During
monitoring, information may be examined, recorded, copied, and used for
authorized purposes. All Third-Party Content, including personal information,
placed on or sent over the Service may be monitored. Use of the Service,
authorized or unauthorized, constitutes consent to such monitoring and to the
other terms of this Agreement. In particular, the third-party on-line contract
tool called TransactionDesk® allows the BROKER, ADDvantage REAL ESTATE NETWORK, to
monitor any contract negotiations by user and other invited third party users.
Users of TransactionDesk® give their expressed permission to ADDvantage REAL
ESTATE NETWORK, affiliates and subsidiary to record, have access to,
interrupt and terminate use of TransactionDesk® if it is determined in its sole and absolute
discretion that you are involved in infringing activity, including alleged acts
of first-time or repeat infringement, regardless of whether the material or
activity is ultimately determined to be infringing.
6.
REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY.
6.1. General Disclaimer and Limited Warranty. You
acknowledge that certain aspects of the Information and/or Vendor Information
and links provided through the Web Site are compiled from sources which may be
beyond the control of ADDvantage REAL ESTATE NETWORK. Though such
Information and links are recognized by the parties to be generally reliable,
the parties acknowledge that inaccuracies may occur. ADDvantage REAL ESTATE
NETWORK, its licensors and Vendors do not warrant the accuracy or
suitability of any such Information. Neither ADDvantage REAL ESTATE NETWORK
nor its licensors or Vendors represent or endorse the accuracy or
reliability of the Information distributed through the Service. FOR THIS
REASON, YOU ACKNOWLEDGE THAT THE WEB SITE IS PROVIDED TO YOU ON AN "AS IS
WITH ALL FAULTS BASIS." ADDvantage REAL ESTATE NETWORK AND ITS
LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER
EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING.
FURTHER, ADDvantage REAL ESTATE NETWORK AND ITS LICENSORS AND VENDORS
NEITHER REPRESENT NOR WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR
IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.
6.2. You assume all risk of errors and/or omissions in the
Web Site, including the transmission or translation of data. You assume full
responsibility for implementing sufficient procedures and checks to satisfy
your requirements for the accuracy and suitability of the Web Site, including
the Information, and for maintaining any means which you may require for the
reconstruction of lost data or subsequent manipulations or analyses of the
Information provided under this Agreement.
6.3. Viruses. YOU ACKNOWLEDGE AND AGREE THAT ADDvantage
REAL ESTATE NETWORK USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES,
TROGIN, SPYWARE, WORMS OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE
PASSED THROUGH, THE WEB SITE OR THE INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL
RESPONSIBILITY (AND THEREBY HOLD ADDvantage REAL ESTATE NETWORK HARMLESS),
BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND
ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
6.4. LIMITATION OF LIABILITY. YOU AGREE THAT ADDvantage REAL
ESTATE NETWORK AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN
ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE
WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR
ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A
SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO ADDvantage REAL
ESTATE NETWORK BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00,
WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF ADDvantage
REAL ESTATE NETWORKOR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE. THE
PROVISIONS CONTAINED IN THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS
AGREEMENT.
6.5. FTC NOTICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
7.
INDEMNIFICATION.
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND INDEMNIFY
AND HOLD HARMLESS ADDvantage REAL ESTATE NETWORK AND ITS AFFILIATES,
SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER TIER
(COLLECTIVELY, THE INDEMNITEES) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND
CAUSES OF ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION
COSTS, ATTORNEYS' FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM
BROUGHT BY ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR
RELATING TO, YOUR ACCESS AND USE OF THE WEB SITE, INCLUDING YOUR USE OF THE
INFORMATION OBTAINED THROUGH THE WEB SITE. THE OBLIGATIONS TO RELEASE, DEFEND
AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE
OR IN PART, BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT
LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER
PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE
INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY
REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.
8. PRIVACY.
8.1. Privacy. Records of your use of the Web Site is the sole property of ADDvantage
REAL ESTATE NETWORK and is protected by and subject to the U.S.
Electronic Communications Privacy Act, as amended, or any successor statute. ADDvantage
REAL ESTATE NETWORK reserves the right to use such information for its
marketing, franchising and membership endeavors. Your personally identifying
information will not be shared with any third party, with the following
exceptions:
A. Information that ADDvantage REAL ESTATE NETWORK in
good faith determines is legally required to be revealed by any relevant
statute, regulation, ordinance, rule, administrative or court order, decree, or
subpoena;
B. Information revealed during the course of ADDvantage
REAL ESTATE NETWORK's enforcement of the policies and procedures of the
Web Site, the terms of this Agreement, or during the course of any disciplinary
actions;
C. Information in a manner expressly permitted by the
provisions of this Section 8;
D. Information that ADDvantage REAL ESTATE NETWORK in
good faith determines must be disclosed to correct what it believes to be false
or misleading information or to address activities that ADDvantage REAL ESTATE
NETWORK believes to be manipulative, deceptive or otherwise a violation
of law; or
E. Unless you are otherwise notified at the time we
collect the data. Note also, your electronic mail address may become public
when you participate in Web Site electronic forums.
8.2. Privacy of Minors. Protecting the privacy of children
is especially important. ADDvantage REAL ESTATE NETWORK does not
knowingly collect information about children and will delete any such
information that it discovers or is made aware of.
8.3. Nonpublic Personal Information. "Nonpublic
Personal Information" is the nonpublic information about you that is
obtained from you in connection with providing you a financial product or
service such as a listing agreement, personal loan documents and mortgage
documents. ADDvantage REAL ESTATE NETWORK and its advertisers may
collect nonpublic personal information from the online forms you complete in
order to obtain the financial product or service, from information collected as
a result of your transactions with ADDvantage REAL ESTATE NETWORK, our
advertisers or others, and from consumer reporting agencies.
ADDvantage REAL ESTATE NETWORK will not disclose any
nonpublic personal information about our current or former customers and
consumers to anyone, except as permitted or required by law, or as described
below.
We may disclose all of the information we collect about you to
our affiliates who offer related goods and services, and to nonaffiliated third
parties that perform services on our behalf, including marketing services, or
other financial institutions with whom we have joint marketing agreements.
If we collect nonpublic personal information from you to provide
third-party financial products and services requested by you, such
third-party's use of your personal information will be subject to their privacy
policy as disclosed to you by them.
We have procedures in place that limit access to nonpublic
personal information to those employees and other individuals who need to know
such information to provide products and services to you. We will maintain
physical, electronic, and procedural safeguards to protect the confidentiality
of your nonpublic personal information as required by law.
9.
UNSOLICITED E-MAIL AND DIRECT MARKETING.
9.1. Unsolicited E-mail. ADDvantage REAL ESTATE NETWORK
supports responsible e-commerce. ADDvantage REAL ESTATE NETWORK does
not authorize anyone to use the Service to broadcast, distribute, transmit or
retransmit unsolicited commercial, non-commercial, bulk, or junk electronic
mail ("SPAM").
9.2. Electronic Direct Marketing Programs. ADDvantage REAL
ESTATE NETWORK may develop and participate in electronic direct marketing
to users of the Web Site who elect to receive electronic mail of specific
interest to them. In keeping with this Agreement, ADDvantage REAL ESTATE
NETWORK does not forward the names and addresses (electronic or
otherwise) to third parties. Advertisers who participate in ADDvantage REAL
ESTATE NETWORK electronic direct marketing programs identify the category
of users who would most likely be interested in their goods and services. ADDvantage
REAL ESTATE NETWORK then forwards the advertisements to users who have
elected to receive that category of electronic mail. Users may elect to not
receive similar electronic mail by requesting that their e-mail address be
removed from the mailing list by selecting the appropriate option included with
each e-mail advertisement sent by ADDvantage REAL ESTATE NETWORK. In
addition, users may elect to be removed from such lists at any time by sending
a message to the System administrator at keith@getmoreoffers.com.
9.3. Reporting SPAM. Users who receive SPAM or any
threatening or offensive e-mail through the Services may report it to ADDvantage
REAL ESTATE NETWORK by forwarding the unedited message with the full
message header to keith@getmoreoffers.com.
9.4. Reservation of Rights. ADDvantage REAL ESTATE
NETWORK reserves the right to take all legal or technical steps that it
deems necessary to prevent the broadcast, distribution, transmission, or
retransmission over the Service of SPAM, junk e-mail, threatening or offensive
e-mail, or e-mail otherwise determined by ADDvantage REAL ESTATE NETWORK,
in its sole discretion, to be objectionable. ADDvantage REAL ESTATE NETWORK
reserves the right to suspend or terminate any person or entity's use of or
access to the Service if it determines, in its sole and absolute discretion,
that such person has used or intends to use the Service in violation of this
policy. A failure of ADDvantage REAL ESTATE NETWORK to exercise any right
provided for herein shall not be deemed to be a waiver of such right.
10.
MISCELLANEOUS
10.1. Governing Law; Limitations; Venue. The laws of the
State of Florida, excluding any rule
or principle that would refer to and apply the substantive law of another state
or jurisdiction, shall govern this Agreement. To the extent allowed by
applicable law, any claims or causes of action arising from or relating to your
access and use of the Service as contemplated by this Agreement must be
instituted within two (2) years from the date upon which such claim or cause
arose. Further, any such claim or cause of action shall be brought EXCLUSIVELY
in the state or federal courts located in Pasco County, Florida and you agree to submit to the exclusive
personal jurisdiction of such courts and hereby appoint the Secretary of Florida
as your agent for service of process. You agree to waive any objection that the
state or federal courts of Pasco County, Florida are an inconvenient forum.
10.2. Assignments. You may not assign any of your rights,
obligations, privileges, or performance hereunder without the prior written
consent of ADDvantage REAL ESTATE NETWORK. Any assignment other than as
provided for in this Section 10.2 shall be null and void.
10.3. Severability. If any provision of this Agreement is
found to be unlawful or unenforceable in any respect, the court shall reform
such provision so as to render it enforceable (or, if it is not possible to
reform such provision so as to make it enforceable, then delete such
provision); and, as so reformed or modified, fully enforce this Agreement.
10.4. U.S. Government Restricted Rights; Export. The materials on the
Web Site are provided with "RESTRICTED RIGHTS." Use, duplication or
disclosure by the Government is subject to restrictions as set forth in
applicable laws and regulations. Use of the materials by the Government
constitutes acknowledgement of ADDvantage REAL ESTATE NETWORK proprietary
rights in them. You may not use or export the Information or any other
materials in this Web Site in violation of U.S. export laws and regulations.
10.5. Termination. ADDvantage REAL ESTATE NETWORK
may terminate or suspend your use of the Web Site for any reason. Termination
or cancellation of your use of the Web Site shall not affect any right or
relief to which ADDvantage REAL ESTATE NETWORK may be entitled, at law or
in equity. Upon termination of this Agreement, all rights granted to you will
terminate and revert to ADDvantage REAL ESTATE NETWORK.
10.6. Notice. Official correspondence must be sent via
postal mail to:
ADDvantage REAL ESTATE NETWORK
1515 Carillon St.
Holiday, FL 34691
10.7. Entire Agreement. This Agreement is complete and
effective at the time you begin use of the Service. This Agreement
constitutes the entire agreement between the parties, and no other agreement,
written or oral, exists between you and ADDvantage REAL ESTATE NETWORK.
In the event that any inconsistencies exist between this Agreement and any
future published terms or understanding, the last published Agreement or terms
of use shall control.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ADDvantage REAL ESTATE NETWORK.
