Effective October 9, 2007
1. AGREEMENT
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. may modify the Terms
of Service without notice to you, such
modifications to take effect upon posting.
You are responsible for checking the most
current version of the Terms of Service and
the Landmark Reality, Inc. privacy policy.
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.
3. LANDMARK REALITY, INC. PRIVACY POLICY
Registration Data and certain other
information about you are subject to our
Privacy Policy. For more information, see
our full privacy policy. You understand that
through your use of Landmark Reality, Inc.
Services you consent to the collection and
use (as set forth in the Privacy Policy) of
this information, including the transfer of
this information to the United States and/or
other countries for storage, processing and
use by Landmark Reality, Inc., its Clients
and affiliates. Landmark Reality, Inc. will
not be responsible or liable for the
exercise or non-exercise of its rights under
the Terms of Service. You understand that
the technical processing and transmission of
Landmark Reality, Inc. Services, including
your Content, may involve (a) transmissions
over various networks; and (b) changes to
conform and adapt to technical requirements
of connecting networks or devices.
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:
By mail:
Copyright Agent,
c/o Landmark Reality, Inc.,
6275 A1A South; Suite 101
St. Augustine, Florida
32080
Phone: (904) 471-6600
E-mail: realestate@st-augustine-condo.com
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.
9. ADVERTISEMENTS
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.
11. INDEMNITY
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.
16. NOTICE
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.
|
|
|
|