THIS WEBSITE, LOCATED AT WWW.REALESTATEAGENTSITRUST.COM (THE “WEBSITE”), IS JOINTLY OWNED AND OPERATED BY MERCURY REAL ESTATE SERVICES, INC. LLC, INTELEFORCE, LLC, AND RADIO AND TELEVISION EXPERTS, LLC (INDIVIDUALLY, EACH A “PARTY,” AND COLLECTIVELY, HEREINAFTER REFERRED TO AS THE “OWNERS” OR “WE” OR “US” OR “OUR”)). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE OWNERS. THIS WEBSITE PROVIDES A REFERRAL SERVICE PROGRAM (THE “PROGRAM”) THAT PROVIDES POTENTIAL COMMERCIAL AND RESIDENTIAL PROPERTY PURCHASERS, LEASEES AND SELLERS WITH REFERRALS TO SELECTIVE REAL ESTATE AGENTS, CONTRACTORS AND BUILDERS LOCATED IN PROXIMITY TO USER REQUESTED GEOGRAPHICAL ZIP CODES (THE “REFERRAL(S)”). ADDITIONALLY, THE WEBSITE PROVIDES USERS WITH ACCESS TO A VARITETY OF INFORMATION, INCLUDING RESOURCES, MATERIALS, WORKS OF AUTHORSHIP, AND OTHER CONTENT (THE “CONTENT”).
You can visit our Website and use and access some of its features and functionality without being required to register. If you are a real estate broker, contractor or builder, and you are interested in receiving Referrals, you can apply to become a member agent by completing and submitting an application found here. If you are an individual with a property to sell/lease or are looking to purchase/lease a property, and are interested in receiving a Referral, you will need to register and setup an account on the Website. As part of the registration process, you will be asked to provide certain information about yourself, including name, address, email address and information related to any proposed property sale/lease or purchase/lease. You will also be asked to create a user name and password. The username and password that you provide are your credentials (“Credentials”), and you will use these Credentials in order for us to authenticate you as a registered user of our Website. You may not have more than one active set of Credentials. Additionally, you are prohibited from selling, trading, or otherwise transferring your Credentials to another party. You also agree to provide true, accurate, current and complete information about yourself as prompted during the registration process, including any information related to your proposed property sale or purchase. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof). You are responsible for maintaining the confidentiality of your Credentials. You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately - by emailing us at email@example.com - of any unauthorized use of your account or any other breach of security.
The Website is intended solely for users who are 18 years of age or older, and any registration by, use of or access to the Website by anyone under 18 is unauthorized, unlicensed and in violation of these TOU. If you are under 13, you are forbidden to use the Website. If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, you have to be 18 years of age or older in order to request and/or receive or receive a Referral. Notwithstanding anything to the contrary, if you are in a jurisdiction in which the minimum age permissible by law to use the Website for such Referrals or related services is greater than 18, all references to 18 in this section shall instead be replaced with the minimum age permitted in your jurisdiction.
LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED
The Owners hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MRES or as otherwise explicitly permitted. This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of MRES. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) related to the Program without MRES’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of the Owners’ names or service marks without the express written consent of their respective owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by the Owners.
INTELLECTUAL PROPERTY RIGHTS
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of the Owners or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of the Owners and is protected by U.S. and international copyright laws. You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Owners or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Owners. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. the Owners do not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at firstname.lastname@example.org with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of an Owner or one of its affiliates.. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of MRES. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of the applicable Owner or third party owner.
The Owners have the right, but not the obligation, to monitor any activity and content associated with the Website. PLEASE NOTE THAT WE DO NOT MONITOR THE ACTIVITIES OF ANY REFERRAL PROVIDED TO YOU, NOR DO WE HAVE ANY CONTROL OVER THEIR ACTIVITIES OR ACTIONS. We may investigate any reported violations of the Website policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Website).
You shall not register under a false name or false pretense. You shall not impersonate any participant, or use another participant’s password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on this Website. Fraudulent conduct is a violation of federal and state laws and may be reported to law enforcement authorities. The Owners will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
LINKS TO THIRD-PARTY WEBSITES/MATERIALS/ADVERTISEMENTS
SERVICE PROVIDED IN UNITED STATES; COMPLIANCE WITH LAWS
The Website is hosted in the United States and the Website and the Services are intended for users located in the United States, its territories and possessions. If you are a non-U.S. user of the Website, by visiting the Website you agree to comply with all federal and state U.S. laws governing the Website, the Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Webiste and any Services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.
We make no representations that the Website, the Program and any and all information contained therein, including the Content, is appropriate, available or legal in any particular location. You hereby acknowledge and agree that you are choosing to access the Websites, the Program, the Content and any information or resources on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use of the thereof.
The Content contained on this Website, the Program and any Referral that we may provide to you has been prepared by the Owners as a convenience to you and is not intended to constitute advice or recommendations upon which you may rely. In regard to any Content, the Owners have used reasonable efforts in collecting, preparing and providing such Content, but make no warranty or guarantee about the accuracy, completeness, or adequacy of the Content, materials, resources and other information contained in or linked to this Website. Additionally, any Referral that you may receive via the Program is also provided to you as a convenience. The fact that we provide you such Referral(s) is not an endorsement of any such individual, except to the extent that such Referral has professed to ascribe to the Glen Beck Philosophies, and our inclusion of any such person in the Program and as a Referral is based solely upon such self-acknowledgment. The Company has not independently verified any statements made by any Referral, and the sole and complete responsibility to assess, review and verify the suitability of any Company provided Referral for your needs rests entirely with you. Notwithstanding anything herein or on the Website to the contrary, in providing any such Referral, the Company is not making any statement as to such individual’s skills, expertise, professional qualifications or suitability. The Company has no personal knowledge or experience – professional or otherwise - with any such Referral, and it is your sole responsibility to determine the suitability of any such Referral for your particular needs. We cannot – and do not – make any promises, statements or other assurances related to whether or not you will be provided with a Referral who will be able to assist you in finding a property for purchase/lease or that you will be able to sell/lease your property, the timeliness or speed of any such transaction, or that the price you receive will be adequate or competitive, or that any such price/offer will be higher than what you may have or will receive elsewhere. Additionally, any language related to, or referencing Mr. Beck’s trust, like or affinity of any Referral – or any similar type of statement or endorsement on the Website - is intended purely for marketing purposes and should be considered to be “puffery,” and shall not be considered a representation or warranty under any condition, and you should not rely on such statements as a representation or warranty of any kind. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, REFERRALS, ACCESS TO THE PROGRAM, AND ALL CONTENT AND OTHER INFORMATION ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND THE OWNER EXPRESSLY disclaims all warranties and conditions with respect to ANY AND ALL ELEMENTS THEREOF, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third-party rights, SATISFACTORY QUALITY, quiet enjoyment and accuracy. THE OWNERS MAKE NO WARRANTY THAT THE WEBSITE, REFERRALS, PROGRAM, CONTENT, OR ANY OTHER INFORMATION, IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
LIMITATION OF LIABILITY
In addition to the above warranty disclaimers, YOU UNDERSTAND AND AGREE THAT THE OWNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF OPPORTUNITIES, PROFIT, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNERS HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, REFERRALS, PROGRAM OR CONTENT, STATEMENTS OR CONDUCT OF ANY REFERRAL OR ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, REFERRALS, PROGRAM OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND ACCESS TO THE PROGRAM IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE OWNERS AND THEIR RESPECTIVE AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE, ACCESS TO THE PROGRAM, RELATIONSHIP WITH A REFERRAL OR ANY CONTENT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The Owners shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of out contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.