ADD: A Property A Buyer Other Services FIND: A Property A Buyer Other Services |
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A. AGREEMENT: In this Agreement (hereinafter referred to as "Agreement") which includes, but is not limited to, all of the information on this webpage, "you" and "your" refer to each user, advertiser, service and/or product provider, and customer, and, "we", "us", and "our" refers to the owners, agents, employees, officers, directors, and affiliates of this website. This agreement is a legal and binding agreement between you and the owner, staff, advisors, and employees of this website. Seek legal advice before using this website and/or submitting information. You warrant that you are of legal age and you have complete authority and legal rights to release and advertise the information that you provide to us, and that the information is true, accurate, and complete, and that future changes to this information will be provided to us in a timely manner by the procedures that we establish for making modifications. You agree that use of our services or the services of our advertisers is solely at your own risk. You agree that our services are provided on an "as is" and "as available" basis. When you submit a request to advertise and/or provide information about a property, you agree that the information is correct and accurate and you are declaring that you are the property owner, or the legal representative of the property owner, and that there is no exclusive listing agreement that prevents the property from being advertised on this website. If you are submitting an ad for a service(s) or a product, you agree that you have the legal right(s) and authority to: offer and provide the service, sell the product, provide the information, and represent the company, business, product, and/or service that you are providing information and services for. By using this website, using the services provided by us, and/or submitting information, you acknowledge that you have read, and agree to be bound by: this agreement, all of the terms, conditions, rules, and/or policies on this website, and, any future changes to terms, conditions, rules, and policies made by us. You further agree; that the owners of this website have the right to publish, and have all legal rights to, the information, text, and images included on this website; that you declare that the information you submit refers to you or a business that you legally represent, that the infomation is true and accurate, that you have the legal right to submit the information, and that you agree to be held legally responsible for any and all problems that arise from your submission of the information. If your ad is a "free" ad or if we believe you provided false information and/or did not follow and/or obey any of the terms and conditions on the website, the owners, staff, and/or employees of this website have the right to, and can at their discretion, terminate/cancel the ad and publication and advertising of any or all of the information you submit, without prior notice or warning, and you will not be entitled to receive a refund of any monies paid. When you submit information to us you shall provide us with the name of the individual(s) who is authorized to make changes to your advertisement; this individual(s) shall generally be, unless you request otherwise, the same as the "owner", "broker", or "contact" on the submission form. You understand and agree that we are only leasing you space on our website on the internet, and irregardless of anything verbally stated, written, or implied, do not represent you, your property, or services in any transaction, including the sale of your property, unless you have contracted our services with a written listing agreement or contract signed by us. All information, written text, statements, and policies on this website are incorporated as part of this Agreement. The information you provide to us for advertising your property or service(s) will be placed on our internet website after your advance payment has been received. Advertisements are non-transferable. All advertisements for your property can be removed from the website, when a contract for the property has been signed by a buyer, irregardless of the amount of prepaid time remaining on the advertisement account, . We reserve the following rights: to limit the number of advertisements that can be submitted; to edit the content of materials submitted; to deny services to any person, company, or organization for any reason; to make changes or deletions to any materials, text, or information submitted; to make changes to the website at any time and for any reason without prior notice, to charge additional fees for changes to an ad after it has been online for a reasonable amount of time; to cancel any ad(s) at any time, and to refuse our services without notice, warning, or explanation. If you do not agree to the terms and conditions, do not submit any information and exit the website. All terms, conditions, and policies on this website apply to all users of the website. B. FEES: As consideration for services you request, you agree to pay to us, in advance, service(s) fees which we shall establish. You agree that fees paid by check will not be considered as received until your check has cleared our bank and deposited into our account. All fees paid are non-refundable. As further consideration for our service(s), you agree to: provide complete, accurate, and current information to us as requested either by submission form, registration form, or written or oral request; and maintain and update this information as needed to keep it complete, accurate, and current. You grant us the right to advertise this information and to disclose this information to third parties. C. USER / CUSTOMER CONDUCT & ACCOUNTABILITY: You agree not to send, deliver, or transmit unlawful, obscene, vulgar, libelous, abusive, threatening, harmful, harrassing, or other objectionable material by phone, fax, written words, spoken words, e-mail, or by any other means to us, our advertisers, or other users/customers. You further agree not to advertise, send, or transmit any information or material that could be related to or considered as criminal in nature or in violation of this Agreement or local, state, national, or international law(s) or regulation(s). Attempts to gain unauthorized access to computer files, systems, or records are prohibited. You understand and agree that we have the right to determine and conclude that the information that you provide to us has content that is unsuitable in accordance with our standards; that we may at our sole discretion exclude, eliminate, change, or refuse to accept or post such information; and that you will indemnify and hold us harmless for any direct, indirect, incidental, special or consequential damages resulting from our action(s). You agree that we have the right to, and may without prior notice or warning, terminate the publication of any or all of the information you submit, and you will not be entitled to receive a refund of any monies paid. You agree not to interfere with another user’s/customer’s use and enjoyment of this website. You agree that information on this website is not to be disclosed to a third party and will not be used for any purpose other than evaluating a possible purchase of a property or service. You agree that all contents of this website are owned by us; that the contents are protected by copyrights, trademarks, and other proprietary rights and laws; and that you will not copy, reproduce, distribute, or create derivative works without the written expressed authorization by us to do so. If you do not agree to the terms and conditions of this Agreement: do not submit any information; do not go to a different location on this website; and immediately exit this website. D. LIMITATION OF LIABILITY & DISCLAIMER: You agree that our entire liability to you, and your only remedy, under this Agreement and any breach of this Agreement is limited to the amount you paid for a service which we provided for you. You shall indemnify and hold us harmless from all legal actions and other disputes that shall arise from a third party. You further agree that we shall not be liable for: any damages resulting from the use of our service; interruptions of service; losses resulting from acts of God; losses from data non-delivery; losses from third party court actions; attorney fees; court costs; indirect damages; incidental damages; special damages; and losses or liability resulting from misprints, typographical errors, mis-matching of data, errors, misspellings; or misstatements in information or service(s) provided. E. DISCLAIMER: We disclaim all warranties of any kind, whether written, expressed, or implied. We make no warranty that our service(s) will: result in offers being made on a property, be uninterrupted, be error free, be secure, be refundable, be timely, meet your needs, or increase your business. We do not make any warranty as to the results that will be obtained from the use of our service(s) or the service(s) provided by our advertisers. No information obtained by you from any means shall create any warranty not expressly made in this Agreement. E. ANNOUNCEMENTS: We reserve the right to, and you agree to, grant us the authority to, and request that we, distribute to you and anyone else by means of facsimile, e-mail, mail, or any other means we choose, information about you, your services, your product, our services, services advertised on our website, the hospitality industry, informative notices, changes of policy, and future changes and services. F. SEVERABILITY & ENTIRETY: You agree that if any term or provision of this Agreement is held by a Court of competent jurisdiction to be invalid or unenforceable, then that term or provision shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in force and effect as if such invalid or unenforceable term or provision had never been included. You agree that this Agreement and the rules and policies established and published by us, along with future changes, are the complete and exclusive agreement between you and us regarding our services. G. GOVERNING LAW: You agree that this Agreement shall be governed in all respects by and construed in accordance with the laws of the State of Missouri, United States of America. You submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the United State District Court for the Western District of Missouri, Southern Division. If there is no jurisdiction in the United States District Court for the Western District, Southern Division, then jurisdiction shall be in the Circuit Court of Greene County, Springfield, Missouri.
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