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Design and Marketing allows User/clients to locate and evaluate proposals from independent third party real estate professionals. User/clients (whether a home buyer or a home seller) agree to supply Design and Marketing with information about themselves and the property they want to sell or hope to buy. Design and Marketing will use this information within Design and Marketing and will provide certain details on an anonymous or non-anonymous basis depending on the Design and Marketing service to third parties who are, in most cases, appropriate members of its real estate agent network. User/clients may also agree to have the information he/she has supplied to Design and Marketing forwarded to real estate or other third-party professionals referred by Design and Marketing. As Design and Marketing uses e mail , on an almost exclusive basis, to provide Design and Marketing services, all Design and Marketing user/clients must consent to receive E mail from Design and Marketing to register for Design and Marketing services. Design and Marketing user/clients will also be required to consent to receive e mail s from third party(ies) if the Design and Marketing service requested requires services from a third party(ies)(for example, a local real estate agent).
To assure the value of Design and Marketing's services, you agree that all of the information you have provided to Design and Marketing, whether online or otherwise, is accurate and complete. Design and Marketing reserves its right to terminate or suspend access to any user/client information that is alleged to be inaccurate or misleading. If required by the terms of the Design and Marketing service requested by User/client, you authorize Design and Marketing to forward your information to its network of real estate professionals according to the terms and conditions of the Design and Marketing services that you use.
Design and Marketing may refer real estate professionals to User/clients, but Design and Marketing does not engage in real estate broker services. Real Estate brokerage activities are performed by local Real Estate Professionals that have been referred to you by Design and Marketing. The terms of any agreement between a real estate professional and Design and Marketing are not endorsed, recommended or otherwise known to or by Design and Marketing.
Design and Marketing may from time to time offer eligible User/clients and Registered Clients promotional opportunities to incent use of Design and Marketing's services within a particular time frame. These opportunities may include but are not limited to discounts, rebates, gift certificates, or other incentives that are only available to User/clients who use a Design and Marketing affiliated real estate professional to buy or sell a home. User/client eligibly for a particular promotion will be defined in the terms of each promotion. Not all User/clients may be eligible to receive all promotional opportunities.
Design and Marketing promotional offers are subject to change without notice to the user/client. First time user/clients may be entitled to promotional offers that will expire after the Billing Plan deadline user/client acknowledges that promotional rate will expire at billing plan deadline and renewals are billed at regular rates. User/client acknowledges that upon expiration of the billing plan chosen, this agreement will be automatically renewed for the time period specified during initial contract.
1. Design and Marketing Featured Vendors
From time to time Design and Marketing may include on its www.RealEstateAgent.com.com site, third party services such as a Moving Center or a Home Improvement Center. Design and Marketing posts these services on its site as a service to its User/clients who may be interested in such services. Design and Marketing is not responsible for and makes no warranty or representation as to the quality or performance of the services offered. Design and Marketing advises all user/clients to review carefully each third party service offering prior to engagement with any third party service provider.
2. Use of third party services
You understand and agree that the Real Estate Professionals and others in the real estate field who appear on the Design and Marketing website or who may be referred by Design and Marketing are not employed by Design and Marketing. Design and Marketing is not responsible or liable for any acts or omissions created or performed by these third parties. Design and Marketing's Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Design and Marketing does not operate or control in any respect any information, software, products or services available on such Web sites. Design and Marketing's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
3. Modification Of Design and Marketing Services
4. Obligations of Home Buyer/Sellers Registered with Design and Marketing
By completing your registration with Design and Marketing as a potential Home Buyer or Home Seller, you agree that:
4.1You are of legal age and are otherwise capable of forming a legally binding contract;
4.2You are interested in purchasing/selling property or both;
4.3You are interested in purchasing/selling property located in the USA;
4.4You do not have an exclusive contractual or other arrangement with any Real Estate Professional;
4.5 You agree to be contacted via E mail or other means by Design and Marketing, and by third parties for services you have requested;
4.6Design and Marketing may request, receive, copy and review your real property transaction and/or settlement documents;
4.7You represent that you are not licensed as a real estate agent or broker;
4.8You acknowledge that Design and Marketing recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify a Real Estate Professional's license status and background as Design and Marketing, makes no representations and/or warranties about any Real Estate Professional that may use the Design and Marketing service.
4.9As a Home Buyer or Seller, you are not bound to accept any of the Proposals submitted. Proposals are not binding offers and are not intended to create a contractual or agency relationship between you and the real estate professional. Any endorsements posted by a Real Estate Professional through the Design and Marketing Consumer Feedback Program are the sole responsibility of the Real Estate Professionals. Design and Marketing disclaims any liability arising from and the accuracy of any Endorsements posted by Real Estate Professionals. It is your responsibility to evaluate the nature of any Endorsement posted by any Real Estate Professional and to be aware that Endorsements might not reflect the actual quality of service that you may receive from a Real Estate Professional.
5. Subscriptions; Charges on Your Billing Account.
5.1 General. Design and Marketing bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Design and Marketing all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Design and Marketing to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Design and Marketing reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
5.2 Recurring Billing.Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation, which is required to be received by office no later than 10 days prior to next payment due date.. Design and Marketing MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY, QUATERLY, SEMI-ANNUAL, AND ANNUAL) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY Design and Marketing) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Design and Marketing REASONABLY COULD ACT.
5.3 Current Information Required.YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Design and Marketing IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE Design and Marketing ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Design and Marketing MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY Design and Marketing).
5.4 Payment Method. For its services Design and Marketing will receive payment including, but not limited to a credit card, money order check, e check, catchers check, certified check, Visa, Master Card, American Express, and Discover. Design and Marketing's payment is due based on an agreement between Design and Marketing and the real estate professional involved. Your registration with Design and Marketing and use of Design and Marketing services constitutes your acknowledgment of, and agreement to, this compensation arrangement. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Design and Marketing does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
5.5 Change in Amount Authorized.If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Design and Marketing shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Design and Marketing may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
5.6 Auto-renewal. Your Design and Marketing subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
5.7 Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Design and Marketing is authorized to charge your Payment Method. Design and Marketing may submit those charges for payment and you will be responsible for such charges. This does not waive Design and Marketing right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
5.8 Promotions. Any promotion that provides subscriber-level access to the Service must be used within the specified time of the promotion. You must cancel your subscription 10 days prior to the next payment due date in order to avoid being charged a subscription fee. If you cancel prior to the end of the promotion period and are inadvertently charged for a subscription, please contact Customer Service.
5.9 Cancellation.Either party may elect to cancel this agreement at any time, providing the following: Design and Marketing may elect to terminate this agreement at any time if it is deemed warranted due to payment default. Design and Marketing will notify Subscriber of such intent and provide a grace period of not less than 10 days for Subscriber to have the opportunity to remedy the situation. In the event that Subscriber fails to remedy the situation within the allotted time frame, Design and Marketing shall reserve the right to remove the listing created for Subscriber from the database. In the event that Subscriber wishes to terminate this agreement, written notification of cancellation must be RECEIVED no later than 10 days prior to the next payment due date according to the recurring charges schedule of your agreement. In the event that subscriber fails to provide such notice, Subscriber will be responsible for the upcoming periodic charge and will not be entitled to a refund of any portion thereof. Written notice must be delivered via U.S. Mail, Facsimile (Fax: 1-954-944-2939), or Courier Service to 2700 North State Rd. 7 Hollywood, FL. 33021. If you have any questions please Contact Us: https://www.realestateagent.com/contactus.html
6. Copyright and Trade Mark Notices
All contents of the RealEstateAgent.com website are Copyright © 2003-2015 Design and Marketing and or its suppliers. All rights reserved, RealEstateAgent.com is a trademark of Design and Marketing. Other product and company names may be trade or service marks of their respective owners.
7. Disclaimer of Warranties
USER/CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THIS IS A FORM OF ADVERTISING, NOTWITHSTANDING THE ABOVE: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE Design and Marketing NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. Design and Marketing MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, REGARDING WEB SITE TRAFFIC, LEADS, E-MAILS, STATISTICS, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE Design and Marketing NETWORK, SERVICES AND/OR CONTENT. Design and Marketing 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.
8. DISCLAIMERS AND LIMITATIONS
Design and Marketing intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occur. In addition, Design and Marketing may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Design and Marketing AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF Design and Marketing'S SERVICES IS AT YOUR OWN RISK. Design and Marketing AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Design and Marketing'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Design and Marketing AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
As a condition of use of this Web site, you agree to indemnify Design and Marketing and its suppliers, distributors, participating Lenders, or Real Estate Professionals from and against any and all liabilities, expenses (including attorneys' fees and costs) and damages arising out of claims resulting from your use of Design and Marketing's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL Design and Marketing BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Design and Marketing NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE Design and Marketing NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE Design and Marketing NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE Design and Marketing NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Design and Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE Design and Marketing NETWORK, AND ALL OTHER USE OF THE Design and Marketing NETWORK, 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 THEREFROM.
IN NO EVENT SHALL Design and Marketing OR Design and Marketing'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
11. ERRORS AND DELAYS
Design and Marketing is not responsible for any errors or delays in responding to a qualification form, or contact form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
12. DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of Design and Marketing's services, to the goods or services provided by Design and Marketing, or to any acts or omissions for which you may contend Design and Marketing is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by a Court in Broward County, Florida. Under no circumstances may the venue be changed. 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 this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. OTHER TERMS
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.