This Service Agreement is designed to protect RealEstateInvestingWebsites.com, Prospect Response LLC, its customers and others from illegal, malicious, damaging and inappropriate behavior by customers of our services. Use of our Services constitutes acceptance and agreement of this Service Agreement.
It also constitutes acceptance and agreement of our sister websites that offer associated services, EquityPropertyDeals.com and ServerYard.com In this Service Agreement, RealEstateInvestingWebsites.com refers to RealEstateInvestingWebsites.com, Prospect Response LLC, and companies that offer associated services, EquityPropertyDeals.comand ServerYard.com
This Service Agreement may be changed from time to time at the discretion of RealEstateInvestingWebsites.com. Customer understands that change to the Service Agreement shall not be grounds for early contract termination or non-payment.
1. GRANT OF RIGHTS TO USE SERVICES
By subscribing to the Web Site, you become a “Member” or “Subscriber” of RealEstateInvestingWebsites.com. RealEstateInvestingWebsites.com offers services to you, the Member, conditioned on your agreement to adhere to the following Service Agreement without modification of any kind.
You agree not to interrupt or attempt to interrupt the operations of this Web Site in any way. During the term of Member’s free trial, Membership and/or paid Membership, anon-exclusive, non-transferable license to use the data, information and services provided through the RealEstateInvestingWebsites.com website subject to the License Restrictions detailed below.
RealEstateInvestingWebsites.com authorizes you to view its Web Site and download reasonable portions of its information and other contents (“Content”) only for your personal, non-commercial use. For purposes of these Service Agreement, Content shall include other communication media used with this Web Site, such as video and telephone augmentation. This authorization is not a transfer of title in the Content or copies thereof and is subject to the following restrictions:
1) You will retain on all copies of the downloaded Content, all copyright and other proprietary notices contained in the Content;
2) You will not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
3) You will not transfer the Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms; and
4) You agree to abide by all additional restrictions displayed on this Web Site as it may be updated from time to time. Except as expressly provided herein, RealEstateInvestingWebsites.com does not grant any express or implied right to you under any patents, trademarks, copyrights or other intellectual property rights.
2. RealEstateInvestingWebsites.com’s PROPRIETARY RIGHTS
RealEstateInvestingWebsites.com shall retain all right, title and interest to the Services including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with respect to all technology and telephone numbers used in connection with or provided as part of the Services.
You agree not to, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. You agree not to allow any third party to access the Services for any purpose whatsoever. You may not grant any sublicense, lease or other right in the Services to any third party. You agree not to share your membership information including username and password with any third parties.
3. ACCURATE INFORMATION
You agree to provide true, accurate, current and complete data to RealEstateInvestingWebsites.com to maintain an active membership. If RealEstateInvestingWebsites.com suspects any information to be false, inaccurate, not current or incomplete, RealEstateInvestingWebsites.com has the right to suspend or terminate Services and refuse any and all current or future use of all Services, or any portion thereof.
By registering as a member, you agree to maintain and promptly update your registration data as applicable, including, but not limited to, contact (such as address) and credit card information. You agree to be solely responsible for the maintaining confidentiality of your membership information including username and password, and to be responsible for all transactions and activities that occur as a result of your disclosure of such username and/or password, whether or not such transactions and/or activities were authorized by you.
4. TERMINATION AND REFUND
In this case, you will be billed through the end of the billing cycle in which such rights are terminated. Upon any termination of your rights to receive RealEstateInvestingWebsites.com Services, you shall immediately cease to use the Services and RealEstateInvestingWebsites.com shall have no further obligations whatsoever to you.
Any change in Service requested by Subscriber shall be at RealEstateInvestingWebsites.com’s discretion and shall be subject to the provisions of this Agreement.
RealEstateInvestingWebsites.com will not charge any fee within the guarantee period after account creation or ordering your website(s). If you cancel your website or hosting after the first 60 days of the account creation, you will be billed through the end of the current billing cycle and no refund will be issued. No payments will be pro-rated for the payment plan selected after the guarantee period.
Upon any termination in accordance with the foregoing, RealEstateInvestingWebsites.com may immediately deactivate or delete your account and all related information and files in the account, and/or bar any further access to such files, information, or services. If website is installed on client server, refund can only be issued after RealEstateInvestingWebsites.com is granted access to client server to remove all files and databases associated with the website.
RealEstateInvestingWebsites.com shall not be liable to Subscriber or any third party for any reason for terminating this Agreement or access to Services or for modifying this Agreement and/or the Services.
In the event of a chargeback, the client’s website license will be cancelled. The client is responsible for $25 chargeback fees before their license and services are re-instated, including releasing any domains registered with us. The client’s account remains with a due balance of $25 until cleared.
If a hosting account is terminated due to a chargeback, a re-activation fee of $15 will be charged to re-activate the account excluding any hosting fees. This re-activation charge will apply even if the client website will be hosted with another hosting provider.
If a hosting account is re-activated after a chargeback and the old website is re-activated, a back-up fee of $25 will be charged on the account.
You understand that if a hosting account is terminated due to non-payment or chargeback, all associated files and data will be lost. You also understand that such files and data can be recovered from back-ups within 14 days of termination after a back-up fee of $25 is paid. You understand that no backups are kept beyond 14 days and are therefore not available, and you agree that RealEstateInvestingWebsites.com shall not be held liable for such losses or any other related losses. If hosting account is terminated due to non-payment, you understand that domain(s) registered will only be released upon clearing of unpaid balance up to the date of termination.
5. THIRD PARTY LINKS
RealEstateInvestingWebsites.com contains links to third party sites. Any link on this Web Site to third party web sites is being provided by RealEstateInvestingWebsites.com to you solely as a convenience.
Third party sites are not covered RealEstateInvestingWebsites.com Privacy Statement. RealEstateInvestingWebsites.com makes no warranty or representation regarding the linked sites themselves or the contents thereon and RealEstateInvestingWebsites.com is not in any way responsible for such information or content or for the privacy or security practices of such third party sites. RealEstateInvestingWebsites.com does not endorse or sponsor any linked web sites, the information appearing thereon, or any of the products or services described thereon.
6. THIRD PARTY SERVERS AND SUPPORT BOUNDARIES
The websites sold by RealEstateInvestingWebsites.com can be installed and run on third party servers. By installing a website on third party servers, you understand that your server must meet basic system requirements.
Further, you understand that these websites are interactive in nature and require to run on servers that have no limitations that interfere with their smooth operation. You understand that your server settings are beyond our control and that we may be unable to support issues related to third party server settings. In such cases, you understand and accept that we will only be able to support you if you switch to servers with no limitations.
Website installation on a third party server costs $65 unless a special offer is extended by RealEstateInvestingWebsites.com. This fee applies if you need your website to be re-installed for any reason. You understand that re-installation is beyond our free support boundaries.
RealEstateInvestingWebsites.com reserves the right to charge for design services. You understand that you must pay for design costs if you need a new design to be created from the ground up. You also understand that you are responsible for the cost of design requests that you make. However, RealEstateInvestingWebsites.com can extend a special offer and absorb minor design costs for you.
In maintaining the integrity of your website, you understand we may not keep FTP or back office information for your website, and that these will be required every time you request for help. We thank you for maintaining courtesy whenever requesting for support.
7. THIRD PARTY ADVERTISERS
Subscribers may enter into transactions with advertisers on RealEstateInvestingWebsites.com. Such transactions shall be between Subscriber and advertisers and RealEstateInvestingWebsites.com shall have no responsibility or liability in connection with any such transaction or the information, goods or services provided by any such advertiser.
8. LIMITATIONS OF DAMAGES
In no event shall RealEstateInvestingWebsites.com or any of its affiliates or subsidiaries be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content and functions of this Web Site or any linked web site, or web sites sold to clients, even if RealEstateInvestingWebsites.com is expressly advised of the possibility of such damages. This includes damages for negligence or gross negligence.
Customer acknowledges that the service provided is of such a nature that it can be interrupted for many reasons other than the negligence of RealEstateInvestingWebsites.com, and that damages resulting from any interruption are difficult to ascertain. Therefore, customer agrees that RealEstateInvestingWebsites.com shall not be held liable for any damages arising from such causes beyond the direct and exclusive control of RealEstateInvestingWebsites.com. Customer further acknowledges that in any event, RealEstateInvestingWebsites.com’s liability may not exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall RealEstateInvestingWebsites.com be liable for any special or consequential damages, loss or injury.
User agrees to indemnify and hold harmless RealEstateInvestingWebsites.com at User’s sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorney’s fees) and other costs relating to (i) break of any of these terms by any party; (ii) User’s negligence or misconduct; (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
10. MODIFICATION OF SERVICES
During the term of this Agreement, RealEstateInvestingWebsites.com may modify or discontinue the Services at any time and with or without notice to Subscriber. Without limiting the generality of the foregoing, RealEstateInvestingWebsites.com may, from time to time, with or without notice and at its sole discretion, establish or change various practices, limitations and restrictions for administering such Services.
Subscriber agrees that RealEstateInvestingWebsites.com shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of property information, uploads, communications, postings, data or information as a result of, or arising out of, administration of the Services, whether or not Subscriber is given prior notice thereof. RealEstateInvestingWebsites.com may delete accounts that are inactive for an extended period of time. RealEstateInvestingWebsites.com shall not be liable to the Subscriber or any third party for any reason for RealEstateInvestingWebsites.com modifying or terminating the Services, in whole or in part. Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Services. RealEstateInvestingWebsites.com shall not be responsible or liable in any way for any information or data loss in connection with the Services.
11. MODIFICATION OF AGREEMENT
RealEstateInvestingWebsites.com reserves the right to change the terms and conditions of this Agreement at any time. Use of the Services signifies Subscriber’s agreement to all terms, conditions and notices contained or referenced herein. Continued use of any part of RealEstateInvestingWebsites.com Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the Subscriber. If Subscriber does not agree to the changes, Subscriber shall immediately cease all use of the Services.
Subscriber shall be solely liable for any transmissions sent through the Service. RealEstateInvestingWebsites.com has no control over the content of any transmission nor will it be liable for such content.
Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, violative of any third party’s rights, or illegal.
Further, Subscriber will abide by all rules, regulations, procedures and policies of RealEstateInvestingWebsites.com and any policies of the networks connected to the Services.
Subscriber agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber’s account or password, including the content of Subscriber’s transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to:
1: Use the Service in connection with chain letters, junk email, voice mail, faxes, spamming or any duplicative or unsolicited messages (commercial or otherwise)
2: Harvest or otherwise collect information about others, including email addresses, without their consent
3: Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message
4: Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature
5: Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity
6: Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs
7: Violate any U.S. or foreign law regarding the transmission of technical data or software exported through the Service
8: Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks
9: Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means
10: Interfere with another member’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services.
All notices under this Agreement shall be in writing and delivered by email or in writing. Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause RealEstateInvestingWebsites.com irreparable harm and RealEstateInvestingWebsites.com may obtain injunctive relief as well as seek all other remedies available to RealEstateInvestingWebsites.com in law and in equity.
The failure of RealEstateInvestingWebsites.com to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. The provisions of this Agreement relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason.
The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.
14. APPLICABLE LAW
This Agreement shall be governed in all respects by the laws of the State of Texas, without reference to conflicts of law principles. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the state and federal courts in Collin County, Texas. The arbitration shall be conducted in Collin County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or RealEstateInvestingWebsites.com may seek any interim or preliminary relief from a court of competent jurisdiction in Collin County Texas necessary to protect the rights or property of you or RealEstateInvestingWebsites.com pending the completion of arbitration. 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. Any dispute you may have with respect to this website must be commenced within one year after it arises, or the cause of action is barred.
15. AFFILIATE COMMISSIONS
RealEstateInvestingWebsites.com offers an “Affiliate Program” to reward those who refer new clients to RealEstateInvestingWebsites.com. Subscriber agrees that RealEstateInvestingWebsites.com reserves the right to determine through its own means who, if anyone, gets “credit” for a new client.
Subscriber agrees that RealEstateInvestingWebsites.com may change its Affiliate Program at any time without warning or notification including but not limited to payment method, payment schedule, payment calculations, reporting methods. Subscriber agrees that RealEstateInvestingWebsites.com may cancel the affiliate program at any time without warning or notification.
RealEstateInvestingWebsites.com may use any manual or automated methods it desires to determine who a new member was referred by including but not limited to manual entry, special links, date-limited “cookies”, session “cookies”, or special pages. Subscriber agrees that regardless of the method chosen by RealEstateInvestingWebsites.com, it is likely that the actual number of referrals will be higher than the credited number of referrals made due to various inefficiencies in tracking technology and Subscriber further agrees to use RealEstateInvestingWebsites.com’s count.
Subscriber agrees that Subscriber will keep RealEstateInvestingWebsites.com informed of all postal address and e-mail address changes for the Subscriber. Subscriber may appeal the amount of a payment within 30 days of a payment being sent and may request investigation into a missing payment within 30 days of when RealEstateInvestingWebsites.com should have sent the payment under the current Affiliate program rules. Subscriber agrees that if a Subscriber’s membership is terminated for any reason, Subscriber forfeits all rights to future affiliate payments.
16. EARNINGS AND INCOME DISCLAIMER
We make every effort to ensure that we accurately represent these products and services and their potential for income. Earning and Income statements made by our company and its customers are estimates of what we think you can possibly earn. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual. As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation. There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which can reduce results. We are not responsible for your actions.
Although RealEstateInvestingWebsites.com has made reasonable efforts to place accurate information on this Web Site, RealEstateInvestingWebsites.com assumes no responsibility for the accuracy of the information. THE FUNCTIONALITY, INFORMATION, AND OTHER CONTENT CONTAINED IN THE WEB SITE IS PROVIDED “AS IS”. THE INFORMATION ON THIS WEB SITE AND OTHER CONTENT HAVE BEEN PROVIDED SOLELY AS A CONVENIENCE, AND IN SOME INSTANCES, IS PROVIDED BY THIRD PARTIES. RealEstateInvestingWebsites.com, MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR OTHERWISE, OF ANY KIND, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR REGARDING THE USE, ACCURACY, COMPLETENESS, PERFORMANCE, RELIABILITY OR NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS RELATING TO THE INFORMATION OR OTHER CONTENT OR ANY PRODUCTS TO WHICH THE CONTENT MAY REFER. YOU SHOULD MAKE YOUR OWN DETERMINATION REGARDING THE SUITABILITY OF THE INFORMATION OR OTHER CONTENT HEREIN OR ANY PRODUCTS DESCRIBED HEREIN FOR YOUR OWN PURPOSES PRIOR TO USE.
RealEstateInvestingWebsites.com, DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION CONTAINED IN THE CONTENT SHALL BE AT YOUR SOLE RISK. RealEstateInvestingWebsites.com, RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO OTHERWISE CHANGE, MODIFY, ADD, OR REMOVE ANY PROTION OF THE CONTENTS, IN WHOLE OR IN PART, ON THIS WEB SITE AT ANY TIME. RealEstateInvestingWebsites.com, MAY MAKE ANY CHANGES TO THE WEB SITE, THE CONTENTS, AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THIS WEB SITE AT ANY TIME WITHOUT NOTICE. IN NO EVENT IS RealEstateInvestingWebsites.com, RESPONSIBLE FOR, AND RealEstateInvestingWebsites.com, DOES NOT ACCEPT AND HEREBY DISCLAIMS LIABILITY FOR, ANY DAMAGES WHATSOEVER IN CONNECTION WITH THE USE OR RELIANCEOF THE INFORMATION OR OTHER CONTENT HEREIN OR BY REASON OF ANY INACCURACIES, ERRORS OR OMISSIONS IN SUCH INFORMATION OR OTHER CONTENT, OR ANY DELAY, NON-PERFORMANCE, INTERRUPTION OR TERMINATION OF THE TRANSMISSION OR DISPLAY THEREOF, FROM ANY CAUSE.
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