USER AGREEMENT ("Agreement")
ACCEPTANCE OF TERMS THROUGH USE
Effective Date: March 1, 2018
Thank you for your interest in LandBrokerMLS.com. In this Visitor Agreement, the terms "LandBrokerMLS" "we," "us," and "our" refer to LandBrokerMLS.com and U.S. Land Broker Co-op and the terms "you" and "your" refer to you as a user of our websites, mobile and other online applications and products and services (collectively, the "Co-op Sites").
1. General Provisions
By using the Co-op Sites, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and U.S. Land Broker Co-op; please read it carefully. When using the Co-op Sites, you may be subject to other posted terms and guidelines applicable to certain services available on or through the Co-op Sites. All terms and guidelines on the Co-op Sites, including our Privacy Statement, are part of this Visitor Agreement and incorporated herein by reference. Unless explicitly stated otherwise, any features or services available at any time on the Co-op Sites are subject to this Visitor Agreement. Accessing the Co-op Sites in any manner, even through automated means, constitutes your use of the Co-op Sites and your agreement to be bound by this Visitor Agreement. U.S. Land Broker Co-op may change the terms of this Visitor Agreement from time to time and will revise the effective date when it does so. Your continued use of the Co-op Sites after the posted effective date constitutes your agreement to be bound by this Visitor Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. U.S. Land Broker Co-op may change, restrict access to, suspend, or discontinue the Co-op Sites, or any portion thereof.
The material that appears on the Co-op Sites is for general informational purposes only. While we aim to provide a site that is useful, be mindful that the Co-op Sites may, from time to time, contain errors. The Co-op Sites includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on the Co-op Sites, and you should not rely on it without independent verification.
2. Searching For, Buying and Selling Property
The Co-op Sites is a property listing and information service that brings together buyers and sellers. U.S. Land Broker Co-op is not a party to any transaction between property buyers and sellers that originates on or through the Co-op Sites. Information about a particular property is not supplied by U.S. Land Broker Co-op. The price and other terms of any sale remain subject to direct negotiation between the buyer and the broker/agent and seller.
Listing Your Property
When you list a property for sale the Co-op Sites, we may obtain additional distribution for your listing through our relationships with other websites, including OpenFences.com, WSJ.com, mansionglobal.com, the landreport.com and other sites. We also may promote your listing on or through third-party websites or services. Neither the Co-op Sites nor any website through which we distribute or promote your listing will charge you any additional fee for this additional exposure. It is simply added value from the Co-op Sites. Our promotional partners will not contact you with offers to sell you additional distribution or add-on advertising services for your listing without your permission. If third parties contact you without your permission offering to sell you such services, they have likely misused the Co-op Sites and violated this Visitor Agreement to exploit your listing information. If you receive any such solicitations that you did not authorize, please bring them to our attention by using our contact us form.
Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of the properties, and for the content of all email messages you transmit through the Co-op Sites. By using the Co-op Sites, you agree that if we learn that a seller may be violating the terms of this Visitor Agreement, we reserve the right to deny that seller use of services offered on the Co-op Sites and any affiliated websites and remove that seller's listings from each site.
3. Third-Party Services
For your convenience, we make available a variety of links to other websites that we do not operate where you can obtain a variety of land, farm and ranch products and services.
Although we make available links to the websites of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them. Your correspondence or business dealings with, or participation in the promotions of, vendors or other third parties found on or through the Co-op Sites, including payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on the Co-op Sites.
For your convenience, we make available links to websites operated by land brokers and agents that list their proeprties on the Co-op Sites. Although we or our affiliates may power some of these websites, we are not responsible for any of the content that appears on these websites.
4. Ownership and Permissions
The Co-op Sites is provided to our end users for their personal, non-commercial use only. The materials on the Co-op Sites are the property of U.S. Land Broker Co-op or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on the Co-op Sites. You may display and occasionally print a single copy of any page of the Co-op Sites for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Co-op Sites without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on the Co-op Sites, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on the Co-op Sites should be sent to our Customer Service Manager, U.S. Land Broker Co-op _____________, _____________or to Customer Service.
You are free to establish a hypertext link to the Co-op Sites so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by U.S Land Broker Co-op or any of our affiliates. However, without our prior written permission, you may not frame any of the content of the Co-op Sites, nor incorporate into another website or service any intellectual property of U.S. Land Broker Co-op or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this Visitor Agreement should be sent to our Customer Service Manager, either by email or to the mailing address above.
U.S. Land Broker Co-op and the LandBrokerMLS.com logos are all trademarks owned by us or our licensors. The names of other products and services referred to on the Co-op Sites may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on the Co-op Sites without the prior written consent of the owner of the mark.
You acknowledge that by transmitting or posting any material on or through the Co-op Sites, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the Co-op Sites. Among other uses of user materials, the Co-op Sites uses listings data to derive useful information (such as property sales and valuation information) for display, sale and distribution.
5. User Content
The Co-op Sites allows users to publish property listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Visitor Agreement and to the policies of their third-party providers.
You assume total responsibility and risk for your use of any interactive areas of the Co-op Sites. You acknowledge that any of the user-generated content posted or transmitted through the Co-op Sites represents the views of the author, and not of the Co-op websites. You also acknowledge that your use of or reliance on such content is at your own risk.
When publishing anything to the Co-op Sites or using any social media tools or interactive features, you agree that you will not post or transmit:
any copyrighted material unless you own or control the copyright in and to such material;
material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person's privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
profanity in subject lines, messages, or signatures;
any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
material that breaches another's privacy, i.e., containing phone numbers, addresses, or other personal information;
spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
material that contains advertisements or commercial solicitations; or
material discussing illegal activities or linking to websites that deal with such activities.
You further agree that you will not attempt or do any of the following:
interfere with or disrupt the Co-op Sites or our computer systems, servers, or networks;
attempt to gain unauthorized access to any part of the Co-op Sites, to accounts that belong to other users, or to computer systems or networks connected to the Co-op Sites;
engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders or otherwise;
collect information about others without their consent;
interfere with the use of the Co-op Sites by any other individual or party;
impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases; or
share any user name and/or password you have on the Co-op Sites with any other persons.
Without limiting any of U.S. Land Broker Co-op's other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on the Co-op Sites or on our affiliated websites and services, and/or a ban from creating new accounts.
Although U.S. Land Broker Co-op cannot monitor all of the listings and content posted to the Co-op Sites, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to the Co-op Sites, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, U.S. Land Broker Co-op takes no responsibility and assumes no liability for any content posted to the Co-op Sites by you or by third parties.
Termination You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of the Co-op Sites to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Visitor Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Co-op Sites, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Co-op Sites or any part of the Co-op Sites.
6. DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
ARBITRATION AGREEMENT. YOU AND U.S. LAND BROKER Co-op AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE VISITOR AGREEMENT, THE Co-op SITES, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
CLASS ACTION WAIVER: YOU AND U.S. LAND BROKER Co-op AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor U.S. Land Broker Co-op may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or U.S. Land Broker Co-op. To be clear, you and U.S. Land Broker Co-op both waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in Section 9 of the Visitor Agreement will remain in full force and effect.
ARBITRATOR AUTHORITY: The arbitrator's authority is governed by this arbitration agreement. You and U.S. Land Broker Co-op agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by the Visitor Agreement (including the limitations of liability set forth in Section 10), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with U.S. Land Broker Co-op. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
ARBITRATION PROCEDURES: You and U.S. Land Broker Co-op agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. U.S. Land Broker Co-op will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, U.S. Land Broker Co-op agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against U.S. Land Broker Co-op the arbitration hearing will be held in your hometown area, unless we both agree on a different location.
7. JURY TRIAL WAIVER.
You and U.S. Land Broker Co-op expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 8 is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
8. Disclaimer of Warranties, Limitation of Liability, and Indemnification
IF YOU RELY ON THE Co-op SITES OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE Co-op SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THE Co-op SITES. THE Co-op SITES ARE PROVIDED TO YOU "AS IS." U.S. LAND BROKER AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE Co-op SITES (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE Co-op SITES). NOR DO WE OR THEY GUARANTEE THAT THE Co-op SITES WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE Co-op SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Land Broker Co-op AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE Co-op SITES BY YOU OR ANY THIRD PARTY.
UNDER NO CIRCUMSTANCES WILL U.S. LAND BROKER OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE Co-op SITES OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE Co-op SITES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF U.S. LAND BROKER AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THE Co-op SITES WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE Co-op SITES OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH THE Co-op SITES.
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 DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
YOU AGREE TO INDEMNIFY U.S. LAND BROKER AND ITS OWNERS, MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE Co-op SITES OR ANY BREACH OF THIS VISITOR AGREEMENT.
Land Broker Co-op's Customer Service Manager of any known or suspected unauthorized use of your account via email.
10. Notice of Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Co-op Sites, please notify us by sending an email to [email protected] or by sending a notice by U.S. Mail to: U.S. Land Broker Co-op ____________, _______________, Attn: Legal Department/Copyright. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Co-op Sites the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
We want potential buyers visiting the Co-op Sites to feel free to share their email addresses with those listing properties for sale on the Co-op Sites. By accessing the Co-op Sites, you agree not to use information concerning other users of the Co-op Sites, or the properties they have listed or searched for on the Co-op Sites (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed property.
This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Texas, without regard to its choice of laws rules.
Please report any violations of this Visitor Agreement to our Customer Service Manager.
END OF VISITOR AGREEMENT