User Agreement Multimillionrealestate.com - Submit a Property - Post and Buy
Your advertising will be displayed in www.MultiMillonRealEstate.com instantly for not limited time unless it fails to conform to any provision of this USER's Agreement.
THIS USER AGREEMENT (THE "AGREEMENT" OR USER AGREEMENT) STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE OF THE POST AND BUY SERVICE AVAILABLE UNDER THE DOMAIN AND SUB-DOMAINS OF WWW.MULTIMILLIONREALESTATE.COM (THE "SITE"). BY ACCEPTING THE USER AGREEMENT, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, NOTICES, PRIVACY POLICY AND ACKNOWLEDGMENTS CONTAINED IN THIS AGREEMENT. READ THIS AGREEMENT CAREFULLY AND COMPLETELY AS IT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF THE SITE. TO THE EXTENT THIS AGREEMENT CONFLICTS WITH ANY OTHER TERMS AND CONDITIONS FOR USE OF WWW.MULTIMILLIONREALESTATE.COM websites, THE TERMS OF THIS AGREEMENT SHALL CONTROL.
Multimillionrealestate.com (MRE) provides its Post and Buy service to you conditioned upon your acceptance, without modification, of the terms, conditions and notices contained in this Agreement. This Agreement may be updated and modified by MRE from time to time without notice to you. You can review the most current version of this Agreement at any time by clicking on User Agreement from anywhere on the Site. You are advised to visit this Agreement frequently to review the terms, conditions and notices contained herein because they are binding on you. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and MRE. This Agreement is effective upon acceptance in registration for new registering users. In addition, when using particular services, you and MRE shall be subject to any additional posted policies, guidelines or rules applicable to such services including those referenced herein, which may be posted and amended from time to time. All such additional guidelines or rules are hereby incorporated by reference in this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access our services.
Listing and Selling.
1.1 Listing Description. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site, however your terms of sale may not conflict with this Agreement and any such conflicting terms shall be null and void. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical. MRE reserves the right to remove a listing at any time for any reason whatsoever, in its sole discretion.
1.2 Fraud. Without limiting any of our other rights or remedies, MRE may suspend or terminate your account if we suspect (by evidence of conviction or settlement, from an insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
1.3 Manipulation. Neither you nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions. You acknowledge and agree that MRE may, in its sole discretion, determine that you have engaged in such manipulation.
Membership Eligibility.
2.1 Our services are available only to, and may only be used by individuals who can form legally selling contracts under applicable law. Without limiting the foregoing, our services are not available to persons under the age of 13 or to temporarily or indefinitely suspended MRE members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, you may not use our Site. Further, your MRE Post and Buy account (including feedback) and User ID and password may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. MRE may refuse the use of, and participation in, the Site to anyone at any time, in our sole discretion.
Fees and Services.
3.1 Joining and buying properties at MRE is free. We do charge fees for listing properties for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. These fees and any credits on those fees are subject to MREs then current fee schedule and credit policies which may be changed from time to time. That schedule and those policies are incorporated into this Agreement by reference. Changes to the fee schedule and credit policies are effective after we provide you with at least seven (7) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our fee schedule and credit policies and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes, fees, surcharges or other levies. MRE is providing you with capability to use the services on the Site and you are responsible for providing all equipment necessary to establish a connection to the World Wide Web, access to the World Wide Web, and any telephone or other connection and service fees associated with such access.
MRE Post and Buy Service is a Venue.
4.1 MRE Post and Buy Service is not an auctioneer. Instead, the
Site acts as a venue to allow anyone, subject to this Agreement and our
applicable policies, guidelines and rules, to offer, sell, and buy just about
anything, at anytime, from anywhere, in a variety of pricing formats,
including a fixed price format, a negotiated price and an auction-style
format. We are not involved in the actual transaction between buyers and
sellers. As a result, we have no control over the quality, safety or legality
of the items advertised, the truth or accuracy of the listings, the ability of
sellers to sell items or the ability of buyers to pay for items. We cannot
ensure that a buyer or seller will actually complete a transaction.
Consequently, we do not transfer legal ownership of items from the seller to
the buyer.
4.2 Identity Verification. We may use a variety techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, MRE cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
4.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you fully release, and forever discharge and covenant to hold harmless MRE (and our parents, subsidiaries, present and former affiliates, and their and our respective agents, servants, employees, attorneys, representatives, partners, employers, insurance carriers, officers, directors, shareholders, members, assigns, predecessors in interest and successors in interest) of and from any and all liabilities, losses, expenses, compensations, reimbursements, actions, rights and causes of action of whatsoever kind or nature, resulting from or in any way related to or in any way arising or growing out of any and all known and unknown damages, expenses, costs, losses, liabilities, claims, and the consequences thereof, arising out of or in any way connected with such disputes.
4.4 Information Control. You understand that all information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. MRE does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, harmful, indecent or objectionable. Under no circumstances will MRE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of any Content posted, emailed, or otherwise transmitted to you via the Site. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. There may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and you agree that MRE is not responsible for the acts or omissions of users on the Site.
Inquires and Buying.
5.1 As a potencial buyer, you are obligated to provide good comunication with the seller.
Your Information.
6.1 Registration. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form; (b) maintain and promptly update the registration information to keep it true, accurate and complete; and (c) refrain from using the Site for any purpose that is unlawful or prohibited by this Agreement.
6.2 Account and Password Security. You will be provided an initial password and account designation during the Site's registration process. You will also be provided the option of designating you own password during the registration process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to (a) immediately notify MRE of any unauthorized use of your password or account or any breach of security and (b) ensure that you fully exit from your account at the end of each session. MRE cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
6.3 Definition. "Your Information" is defined as any information you provide to us or other users in the registration or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. You acknowledge and agree that MRE may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of MRE, its users and the public.
6.4 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for sale but are priced lower than your other listing. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the applicable fees, could cause us to violate any applicable law, statute, ordinance or regulation, or any of our applicable policies, guidelines or rules.
6.5 Conduct. You agree not to use the Site to: (a) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a MRE official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site; (d) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights of any party; (f) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (g) upload, post, email 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; (h) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that adversely affects other users' ability to engage in real time exchanges; (i) interfere with or disrupt the Site or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (j) intentionally or unintentionally violate any applicable local, state, federal 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, but not limited to, the New York Stock Exchange, the American Stock Exchange or the Nasdaq, and any regulations having the force of law; (k) "stalk" or otherwise harass another; or (l) collect or store personal data about others in violation of any law, statute, ordinance or regulation, or any of our applicable policies, guidelines or rules.
6.5 License. Solely to enable MRE to use the information you supply us with,
so that we are not violating any rights you might have in that information,
you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise the
copyright, publicity, and database rights (but no other rights) you have in
Your Information, in any media now known or not currently known, with respect
to Your Information. MRE will only use Your Information in accordance with
our Privacy Policy.
Access and Interference.
Much of the information on the Site is updated on a real time basis and is
proprietary or is licensed to MRE by our users or third parties. You agree
that you will not use any robot, spider, scraper or other automated means to
access the Site for any purpose without our express written permission.
Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of MRE and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass other measures we may use to prevent or restrict access to the Site.
Breach.
Without limiting any other of our rights and remedies, we may limit your
activity, immediately remove your listings, warn our community of
your actions, issue a warning, temporarily suspend, indefinitely suspend or
terminate your membership and refuse to provide our services to you if: (a)
you breach this Agreement or the documents it incorporates by reference; (b)
we are unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause financial loss or legal liability
for you, our users or us.
Privacy.
We only use your information as described in the http://www.multimillionrealestate.com/terms.php and http://www.multimillionrealestate.com/PrivacyPolicy.php . We
view protection of users' privacy as a very important community principle. We
understand clearly that you and your information is one of our most important
assets. We store and process your information on computers located in the
United States that are protected by physical as well as technological security
devices. If you object to
your Information being transferred or used in this way please do not use our
services.
No Warranty.
WE, OUR PARENTS, SUBSIDIARIES, AND OUR AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, MEMBERS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND
SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENTS, SUBSIDIARIES, AND
OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability Limit.
IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OUR AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OUR SUPPLIERS OR ANY OTHER PERSON
INVOLVED IN CREATING, INSTALLING, DELIVERING, TESTING OR USING THE SITE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR
ALTERATION OF A USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE INFORMATION, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US FOR SERVICES ON THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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.
Indemnity.
You agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, and our and their officers, directors, members,
shareholders, agents, and employees, harmless from any claim or demand,
including reasonable attorneys' fees through appeal, made by any third party
due to or arising out of your breach of this Agreement or the documents it
incorporates by reference, or your violation of any law or the rights of a
third party.
Legal Compliance.
You shall comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of our service and
your bidding on, listing, purchase, solicitation of offers to purchase, and
sale of items.
No Agency.
You and MRE are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement.
Notices.
Except as explicitly stated otherwise, any notices shall be given by postal
mail to
Multimillionrealestate.com Post and Buy
Attn:
Legal Department,
Multimillion RE Inc.
2819-112 street, #202 E,
Edmonton , Alberta
T6J 4M3 CANADA
or to the email address you provide to MRE during the registration process (in your case).
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to MRE during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes. This Agreement shall be governed by and construed in
accordance with the laws of the state of Alberta without regard to that
states conflict of laws analysis. Each of the parties to this Agreement
hereby irrevocably and unconditionally submits to the jurisdiction of the
Canadian District Court for Alberta or any state court of competent
jurisdiction sitting in Edmonton County, Alberta for purposes of all legal
proceedings arising out of or relating to this Agreement or the transactions
contemplated hereby, and agrees not to commence any legal proceedings related
thereto except in such court. Service of process in any such proceeding may
be made by certified mail, return receipt requested, or its international
equivalent, directed to the respective party at the address at which it is to
receive notice as provided herein.
Each of the parties to this Agreement irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.
General.
We do not guarantee continuous, uninterrupted or secure access to our
services, and operation of the Site may be interfered with by numerous factors
outside of our control. If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. You agree that MRE may automatically assign
this Agreement and all incorporated agreements in our sole discretion.
Headings are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section. Our failure to act with
respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. This Agreement sets forth the
entire understanding and agreement between us with respect to the subject
matter hereof. The provisions of this Agreement which, by their reasonable
terms, are intended to survive termination of this Agreement shall survive
termination.