PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
These Terms of Service ("Terms") apply to your access to and use of all Stephanie J. Smith and/or Select Premium Properties, Inc. website's and services ("Select Premium Properties, Inc., "Select Premium Properties". "Stephanie Smith", "we," "us," or "our") collectively, the "Services". By accessing our Site, you agree to the terms and conditions of our then current Site Terms. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
ACCOUNTS / COMMUNICATIONS
The Services are not targeted toward or intended for use by anyone under the age of 18 or the age of legal majority under applicable law. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services and (b) have full power and authority to enter into these Terms and that in so doing, will not violate any other agreement to which you are a party.
In order to access and use certain areas or features of the Services, you will need to register for a Select Premium Properties, Inc. account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account. SELECT PREMIUM PROPERTIES, INC. CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME, ACCOUNT NUMBER, AND/OR PASSWORD.
By creating an account, you consent to receive electronic communications from Select Premium Properties, Inc. These communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We offer a limited service MLS listing for a flat fee. We do not provide any legal advice or handle earnest money. Once Select Premium Properties has executed the MLS listing no refunds can be provided as we have fully executed our services. This Site and the Services offered herein are provided solely as a forum and technical interface that allows you to provide information related to the listing of your home, information related to new homes you may be seeking, and connects homeowners and home buyers and renters with other Real Estate Agents (licensed real estate agents and brokers) and other house-related service providers. Select Premium Properties, Inc. does not provide any Services unless a Listing Agreement is in force and effect. Select Premium Properties, Inc. does not provide any CMA"s or appraisals or other house-pricing services. At your request, referral(s) to other full service Real Estate Agents are provided, however, we do not sponsor, endorse, recommend or approve of any real estate agent, broker or other house-related service provider who offers services through this Site. You should use your independent judgment of the merits of any individual, entity or information that you find on or through or Services. While we try to confirm that participating real estate agents, brokers and other house-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other house-related service provider who offers services on or through our Services are licensed, qualified, or capable of performing any such service.
We provide these services only as a facilitator. As a owner you represent your own property. By agreeing to these Terms you are authorizing Select Premium Properties, Inc. to release your contact information to potential buyers / renters and agents who are interested in your property. Our services consist of entering the information you submit to the Multiple Listing Service directory and other online real estate related sites. We provide broker support in the form of suggestions only. All final decisions, changes, actions, and outcomes are the responsibility of you the owner, and must be made solely by the owner. SELECT PREMIUM PROPERTIES, INC. CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM BROKER SUGGESTIONS.
Multiple Listing Service, Fair Housing Act, and Realtor code of Ethics - In order to comply with the governing bodies of the real estate industry, Select Premium Properties, Inc. reserves the right to make changes to your listing information, details, and description in order to comply with those rules and guidelines, without notification or approval from you.
Buyers / Renters - Buyers and renters are responsible to independently verify the accuracy and completeness of all information contained within each property advertised on the MLS, our website's and syndicated sites. If a buyer / renter contacts Select Premium Properties directly we will collect their contact information and email it directly to the email address you have provided.
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
1. Engage in any harassing, threatening, intimidating, predatory or stalking conduct. 2. Use or attempt to use another user’s account without authorization from such user and Select Premium Properties, Inc. 3. Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner. 4. Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Services. 5. Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access. 6. Develop any third party applications that interact with the Services without our prior written consent. 7. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Site pages or functionality. 8. Bypass or ignore instructions contained in the robots.txt file. 9. Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, listings, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, "User Content"). In the event you decide to share your User Content with others through the Services or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish.
In providing us with information during the listing process, you agree to provide true, accurate, current and complete information and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your account and services at any time. You are solely responsible for all changes or omissions that occur under your account, including the accuracy and completeness of all content that you or anyone using your account make.
By using the interactive features and areas of the Services, you further agree not to create, post, share or store any of the following:
1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable. 2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law. 3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. 4. User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences. 5. User Content that impersonates, or misrepresents your affiliation with, any person or entity. 6. User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations. 7. User Content that contains any private or personal information of a third party without such third party’s consent. 8. User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content. 9. User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose Select Premium Properties, Inc. or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
RIGHTS IN USER CONTENT
By uploading, posting or submitting User Content to the Services, you hereby grant Select Premium Properties, Inc. a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Select Premium Properties, Inc. to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
Unless otherwise indicated, all content and other materials contained on the Services, including, without limitation, our logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Materials") are the proprietary property of Select Premium Properties, Inc. or our licensors or users, as applicable, and are protected by U.S. and international copyright, trademark and other laws.
Unless otherwise agreed to in a writing by us, you are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Services and Materials. Such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Services or Materials, (b) distribute, publicly perform or publicly display any Materials, (c) modify or otherwise make any derivative uses of the Services or Materials, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Services or Materials, except as expressly permitted by us, and (f) use the Services or Materials other than for their intended purposes. Any use of the Services or Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Select Premium Properties, Inc. or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
"Select Premium Properties, Inc.," the Select Premium Properties, Inc. logo and any other Select Premium Properties, Inc. service names, website's, URLS', logos or slogans that may appear on the Services are trademarks of Select Premium Properties, Inc. and our suppliers and our licensors and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder's prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. All violators will be prosecuted to the fullest extent of the law.
THIRD PARTY CONTENT
We may display content, advertisements and promotions from third parties through the Services (collectively, "Third Party Content"). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Select Premium Properties, Inc. is not responsible or liable in any manner for such interactions or Third Party Content.
Syndication to other website's (syndication is a form of distribution in which listing material is made available to other real estate website's) is controlled by the MLS. The MLS will send out a condensed version of your listing information to the real estate website's. Each of these sites will display the listing information according to their own criteria. We do not have any control over third party systems and we cannot change information, verify information or confirm your listing on every available site. Syndication is not immediate and is dependent on the time it takes for each real estate website to update and refresh its own listings. If your listing is also syndicated from another source, that may also interfere with syndication. Select Premium Properties, Inc. cannot control how and when your listing is displayed on other sites and syndications to other sites may change at any time.
Listing on the MLS - Once your property is listed on the MLS, Select Premium Properties, Inc. will notify you by email that your property has been listed. A copy of your actual MLS listing will be emailed to you as well. If you discover an error please notify us promptly on our Listing Amendment form so the error can be corrected. We make all attempts to accurately enter the information you provide into the multiple listing services. However, we do not guarantee error-free service. We are not responsible for any loss or damage suffered by the error. Select Premium Properties, Inc. are not responsible for defects that may exist within our website or any resulting loss of profits or other damages. SELECT PREMIUM PROPERTIES, INC. CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY VERIFY THE INFORMATION THAT WAS SUBMITTED TO THE MLS.
To ensure accuracy and the best user experience your computer and browser must meet the minimum browser and operating system requirements. Errors such as uploading photos, changes not saving, and wrong information submission is not Select Premium Properties, Inc. responsibility but that of the Customer. FURTHERMORE, SELECT PREMIUM PROPERTIES, INC. CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM TECHNICAL ISSUES.
When selling real estate we encourage all parties to consult an attorney. All property forms provided on our site are for reference only are the copyright of the Association of Realtors or the MLS and must be used by a licensed agent. Use of information provided in our website for any other purpose is not permitted. We firmly support and believe in equal opportunity housing or FAIR HOUSING LAWS. You agree to hold Select Premium Properties, Inc. harmless from any and all claims or damages arising from Fair Housing Violations or any other violation. Select Premium Properties, Inc. is not responsible for the content of any off-site pages or any other sites linked to our site. Furthermore Select Premium Properties, Inc. is not responsible for any damages that may arise from an open house or from licensed agents showing the property, including loss or injury to persons or property. The information provided in our site is meant for Clients and potential Clients interested in selling and buying real estate and agents who represent buyers / renters interested in buying properties. We reserve the right at our discretion to modify our policies at any time without prior notice.
Select Premium Properties, Inc. uses reasonable efforts to include and use up-to-date information, we make no warranties or guarantees as to the accuracy of that information or the information within our website. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; (B) YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK; (C) WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN; (D) WE DO NOT REPRESENT OR WARRANT THAT CONTENT, MATERIALS OR FUNCTIONS OF THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (E) WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless, Select Premium Properties, Inc. and our past, present and future employees, officers, directors, contractors, consultants, equity holders, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns, brokers and agents (the "Select Premium Properties, Inc. Parties") from all Select Premium Properties, Inc. or third party claims of any kind, whether in tort, contract or otherwise (collectively, "Claims"), including damages to property or personal injury, that arise from or relate to: your access to or use or misuse of our Services and Materials; any Feedback you provide; your violation of these Terms; your violation of the rights of any third party; or any third party’s use or misuse of the Services provided to you. This indemnity obligation includes paying for Select Premium Properties, Inc's attorney's fees and other costs of investigating and defending Claims, and the costs of enforcing the indemnity obligation.
You agree to promptly notify Select Premium Properties of any third party Claims and cooperate with the Select Premium Properties Parties in defending such Claims. You further agree that the Select Premium Properties, Inc. Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Select Premium Properties.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL SELECT PREMIUM PROPERTIES, INC., STEPHANIE J. SMITH, ALL SELECT PREMIUM PROPERTIES, INC. WEBSITES OR ANY OTHER RELATED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR MATERIALS OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SELECT PREMIUM PROPERTIES, INC. OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SELECT PREMIUM PROPERTIES, INC. RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SELECT PREMIUM PROPERTIES, INC. AND ALL SELECT PREMIUM PROPERTIES, INC. PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING MATERIALS AND FUNCTIONS CONTAINED THEREIN EXCEED ANY FEES OR COMPENSATIONS YOU PAID OR PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SERVICES.
GOVERNING LAW AND VENUE
These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, without regard to conflict of law rules or principles. You hereby agree that any claim you may have with respect to the Services must be filed in a federal or state court located in Atlanta, Georgia within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You irrevocable waive any right to a jury trial and agree to the jurisdiction and venue of these courts with respect to all matters arising with respect to these Terms. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts in the State of Georgia in the city of Atlanta.
MODIFICATIONS TO THE SERVICES
Select Premium Properties, Inc. reserves the right to modify, change, update, remove, or discontinue, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, and to block or prevent your future access to and use of the Services.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
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