Effective July 20, 2011
Landmark Reality, Inc., a Florida company located at 6275 A1A South; Suite 101, St. Augustine, Florida 32080. By accessing or using a Landmark Reality, Inc. website, product, service or software (referred to collectively as the “Landmark Reality, Inc. Services” in this document and excluding any services provided to you by Landmark Reality, Inc. under a separate written agreement), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the “Terms of Service”). Additional terms and conditions may apply to your use of specific Landmark Reality, Inc. Services (“Additional Terms”), and will be accessible for you to read either within or through your use of that specific Landmark Reality, Inc. Service. Such Additional Terms are incorporated into these Terms of Service. If there is any contradiction between the Additional Terms and the terms in this document, then the Additional Terms shall take precedence in relation to that Landmark Reality, Inc. Service.
Unless explicitly stated otherwise, any new features that supplement or enhance the current Landmark Reality, Inc. Services and the release of new Landmark Reality, Inc. services and functionality shall be subject to these Terms of Service.
Landmark Reality, Inc. Services may include communications from Landmark Reality, Inc., such as announcements, administrative messages and Landmark Reality, Inc. Services newsletters that are considered a benefit of Landmark Reality, Inc. Services and you will not be able to opt out of receiving them.
2. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
You agree that you are responsible for your own conduct and Content while using the Landmark Reality, Inc. Services and for any consequences thereof. You agree to use Landmark Reality, Inc. Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using Landmark Reality, Inc.’ Services, you will not:
A. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
B. upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene or unlawful Content;
C. upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
D. upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
E. download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
F. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
G. restrict or inhibit any other user from using and enjoying Landmark Reality, Inc. Services;
H. use Landmark Reality, Inc. Services for any illegal or unauthorized purpose;
I. remove any copyright, trademark or other proprietary rights notices contained in or on Services;
J. interfere with or disrupt Landmark Reality, Inc.’ Services or servers or networks connected to Landmark Reality, Inc. Services, or disobey any requirements, procedures, policies or regulations of networks connected to Landmark Reality, Inc. Services;
K. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Landmark Reality, Inc. Services or collect information about users for any unauthorized purpose;
L. submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Landmark Reality, Inc.;
M. create user accounts by automated means or under false or fraudulent pretenses;
N. promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
O. transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature.
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.
You acknowledge that Landmark Reality, Inc. may or may not pre-screen Content, but that Landmark Reality, Inc. and its licensors and designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or move any Content that is available through Landmark Reality, Inc. Services. Without limiting the foregoing, Landmark Reality, Inc. and its licensors and designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Landmark Reality, Inc. or submitted to Landmark Reality, Inc., including without limitation information relating to real estate listings and information in Landmark Reality, Inc. message boards and in all other parts of the Landmark Reality, Inc. Services.
You understand that the Service and any necessary software used in connection with the Service embodied within Landmark Reality, Inc. Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Landmark Reality, Inc. and/or content providers who provide content to Landmark Reality, Inc. Services. You may not attempt to override or circumvent any of the usage rules embedded into Landmark Reality, Inc. Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided through Landmark Reality, Inc. Services, in whole or in part, is strictly prohibited.
You acknowledge, consent and agree that Landmark Reality, Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Landmark Reality, Inc., its Clients, its licensors, its affiliate, service providers, users or the public.
4. PROPRIETARY RIGHTS
Rights in Landmark Reality, Inc. Services
You acknowledge and agree that the Landmark Reality, Inc. Services include proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or otherwise provided by third parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Landmark Reality, Inc. or the Content provider, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on, Landmark Reality, Inc. Services or third party Content, in whole or in part.
Landmark Reality, Inc. grants you a personal, non- transferable and non-exclusive right and license to use the object code of software provided to you by Landmark Reality, Inc. as part of the Landmark Reality, Inc. Services (“Software”) on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Landmark Reality, Inc. services. You agree not to access Landmark Reality, Inc. Services by any means other than through the interface that is provided by Landmark Reality, Inc. for use in accessing Landmark Reality, Inc. Services. The Living Network® and its variations, MLS Advantage logo, the Technology Helpline and the Florida IDX logo are trademarks or service marks, and other logos and product and service names are trademarks may not be displayed or used in any manner. Any use of trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service. REALTOR® is a federally registered collective membership mark which identifies a real estate professional who is a Member of the NATIONAL ASSOCIATION OF REALTORS® and subscribes to its strict Code of Ethics.
Rights in Content You Submit
Landmark Reality, Inc. claims no ownership or control over any Content you submit, post or display on or through the Landmark Reality, Inc. Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through this Website and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Landmark Reality, Inc. services which are intended to be available to the general public, you grant Landmark Reality, Inc. a worldwide, non-exclusive, royalty- free license to reproduce, modify, adapt, publish, distribute and otherwise use, with or without attribution, such Content on Landmark Reality, Inc. Services solely for the purpose of displaying, distributing and promoting Landmark Reality, Inc. Services and utilizing services of third parties in connection with the Landmark Reality, Inc. Services. You also authorize Landmark Reality, Inc. to sublicense your Content intended for public display to Clients to display through their websites, and to sublicense and distribute your Content to third party service providers who provide you with an account to use their services in connection with the Landmark Reality, Inc. Services. You further authorize Landmark Reality, Inc. to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with Landmark Reality, Inc.’ authorized distribution of the Content. This license and authorization terminates when your Content is deleted from the Landmark Reality, Inc. Services to which you originally submitted. You represent and warrant that you hold all necessary rights (including without limitation any copyright, trademark, patent, publicity or other rights) in the Content you submit.
Rights in Content Submitted by Multiple Listing Services
Content provided by a multiple listing service (“MLS Content”) is proprietary information of such MLS and/or its associates, suppliers or licensors, under copyright. Development of the MLS Content has involved the expenditure of substantial time and money by the MLS and/or its associates, suppliers or licensors. Except for the rights granted to you herein, you agree and understand that each MLS and/or its associates, suppliers or licensors are and shall remain the exclusive owners of all rights, title, and interest in the MLS Content and all copyrights and renewals thereof, whether secured now or in the future. Except for the rights granted you herein, all publication, dissemination and other rights in and to MLS Content are reserved for such MLS and/or its associates, suppliers or licensors in all languages, formats and media throughout the world for the sole and exclusive use or any other disposition by such MLS and/or its associates, suppliers or licensors, their respective assignees or grantees at any time and from time to time without obligation or liability to you. You acknowledge that neither Landmark Reality, Inc. nor the providing MLS attempts to independently verify the currency, completeness, accuracy or authenticity of MLS Content. MLS Content reported to and by MLS to Landmark Reality, Inc. for use in connection with the Landmark Reality, Inc. Services may be subject to transcription and transmission errors. MLS PROVIDES THE LICENSED CONTENT TO Landmark Reality, Inc., AND Landmark Reality, Inc. IN TURN PROVIDES THE LICENSED CONTENT TO YOU, ON AN “AS IS” “AS AVAILABLE” BASIS. You agree to use and rely on the MLS Content through the Landmark Reality, Inc. Services at your own risk.
5. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Landmark Reality, Inc. respects the intellectual property of others, and we ask our users to do the same. Landmark Reality, Inc. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Landmark Reality, Inc.’ Copyright Agent the following information:
A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual property that you claim has been infringed;
C. a description of where the material that you claim is infringing is located on the site;
D. your address, telephone number, and email address;
E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
F. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Landmark Reality, Inc.’ Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Landmark Reality, Inc.,
6275 A1A South; Suite 101
St. Augustine, Florida
Phone: (904) 471-6600
6. NO RESALE
You agree not to reproduce, duplicate, copy, sell, trade or resell any portion of the Landmark Reality, Inc. Services, use of Landmark Reality, Inc. Services or access to Landmark Reality, Inc. Services.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Landmark Reality, Inc. may establish general practices and limits concerning use of Landmark Reality, Inc. Services, including without limitation the maximum number property listings that can be displayed at any one time; the maximum number of days that email messages, message board postings or other uploaded Content will be retained by Landmark Reality, Inc. Services; the maximum number of days that reports will be available; the maximum number of email messages that may be sent from an account on the Landmark Reality, Inc. Services; the maximum size of any email message that may be sent from an account on the Landmark Reality, Inc. Services; the maximum disk space that will be allotted on Landmark Reality, Inc.’ servers on your behalf; and the maximum number of times (and the maximum duration for which) you may access the Landmark Reality, Inc. Services in a given period of time. You agree that Landmark Reality, Inc. has no responsibility or liability for the deletion or failure to store any Content or other communications maintained or transmitted by or through Landmark Reality, Inc. Services. You acknowledge that Landmark Reality, Inc. has set no fixed upper limit on the number of transmissions you may send or receive through Landmark Reality, Inc. Services or the amount of storage space used; however, Landmark Reality, Inc. retains the right, at its sole discretion, to create limits at any time with or without notice. You acknowledge that Landmark Reality, Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Landmark Reality, Inc. reserves the right to modify these general practices and limits from time to time.
8. MODIFICATIONS TO LANDMARK REALITY, INC. SERVICES
Landmark Reality, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Landmark Reality, Inc. Services (or any part thereof) with or without notice. You agree that Landmark Reality, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of all or any portion of Landmark Reality, Inc. Services.
Landmark Reality, Inc. Services may be supported by advertising revenue and may display advertisements and promotions on or in connection with Landmark Reality, Inc. Services. The manner, mode and extent of advertising by Landmark Reality, Inc. on Landmark Reality, Inc. Services are subject to change. You agree that Landmark Reality, Inc. shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on or in connection with Landmark Reality, Inc. Services.
10. LINKS AND THIRD PARTY SERVICES
Landmark Reality, Inc. or third parties may provide links and/or Single Sign-on access to other World Wide Web sites or resources. Because Landmark Reality, Inc. has no control over such sites and resources, you acknowledge and agree that Landmark Reality, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Landmark Reality, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Landmark Reality, Inc., and its subsidiaries, affiliates, officers, managers, agents and employees, Clients, advertisers and service partners, from and against any third party claim arising from or in any way related to your use of Landmark Reality, Inc. Services, violation of these Terms of Service or any other actions connected with use of Landmark Reality, Inc. Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees at all levels, of every kind and nature. In such a case, Landmark Reality, Inc. will provide you with written notice of such claim, suit or action.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. LANDMARK REALITY, INC. SERVICES AND CONTENT PROVIDED THROUGH LANDMARK REALITY, INC. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LANDMARK REALITY, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. LANDMARK REALITY, INC. MAKES NO WARRANTY THAT (I) LANDMARK REALITY, INC. SERVICES WILL MEET YOUR REQUIREMENTS, (II) LANDMARK REALITY, INC. SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LANDMARK REALITY, INC. SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH LANDMARK REALITY, INC. SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY SOFTWARE ERRORS WILL BE CORRECTED.
C. ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LANDMARK REALITY, INC. SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR SOFTWARE. YOU ACKNOWLEDGE THAT NEITHER LANDMARK REALITY, INC. NOR ITS SUPPLIERS, LICENSORS, CLIENTS OR AFFILIATED PARTIES ATTEMPT TO INDEPENDENTLY VERIFY THE CURRENCY, COMPLETENESS, ACCURACY OR AUTHENTICITY OF THE CONTENT APPEARING ON THE WEBSITE OR OTHERWISE IN CONNECTION WITH THE SERVICE. CONTENT MAY BE SUBJECT TO TRANSCRIPTION AND TRANSMISSION ERRORS. ACCORDINGLY, THE CONTENT IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS. YOU AGREE TO USE AND RELY ON THE CONTENT PROVIDED THROUGH THIS SERVICE AT YOUR OWN RISK.
D. YOU AGREE THAT NEITHER LANDMARK REALITY, INC. NOR ITS SUPPLIERS, CLIENTS, LICENSORS OR SERVICE PARTNERS ARE RESPONSIBLE FOR IDENTIFYING AND DELETING PERSONALLY IDENTIFIABLE INFORMATION IN THE CONTENT OR SERVICE UNLESS AND UNTIL LANDMARK REALITY, INC. RECEIVES NOTICE TO DELETE SPECIFIC PERSONALLY IDENTIFIABLE INFORMATION REGARDING A PARTICULAR PERSON. THE PARTIES FURTHER RECOGNIZE THAT INABILITY TO MAINTAIN PERSONALLY IDENTIFIABLE INFORMATION ABOUT A PERSON MAY RESULT IN A REDUCTION OR TERMINATION OF LANDMARK REALITY, INC. SERVICES TO THAT PARTICULAR PERSON.
E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LANDMARK REALITY, INC. OR THROUGH OR IN CONNECTION WITH LANDMARK REALITY, INC. SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LANDMARK REALITY, INC. SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF LANDMARK REALITY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE INABILITY TO USE LANDMARK REALITY, INC. SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON LANDMARK REALITY, INC. SERVICES; (V) CONTENT PROVIDED BY A THIRD PARTY RELATING TO YOUR CONTENT OR (VI) ANY OTHER MATTER RELATING TO LANDMARK REALITY, INC. SERVICES.
14. 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 OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
15. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
You agree that Landmark Reality, Inc. may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail or postings on Landmark Reality, Inc. Services websites.
17. DISPUTES BETWEEN USERS OF LANDMARK REALITY, INC. SERVICES
If you have a dispute with one or more users of Landmark Reality, Inc. Services, you release Landmark Reality, Inc. (and its officers, directors, agents, subsidiaries, Clients, service providers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
18. GENERAL INFORMATION
Entire Agreement: The Terms of Service constitute the entire agreement between you and Landmark Reality, Inc. and govern your use of Landmark Reality, Inc. Services, superseding any prior agreements between you and Landmark Reality, Inc. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Landmark Reality, Inc. services, affiliate services, third-party content or third- party software.
Choice of Law and Forum: The Terms of Service and the relationship between you and Landmark Reality, Inc. shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Landmark Reality, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, Florida.
Waiver and Severability of Terms: Landmark Reality, Inc.’ failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations: 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 Landmark Reality, Inc. services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Headings: The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.