TERMS OF USE


IMPORTANT:
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”).

PLEASE NOTE: YOUR ACCESS TO AND USE OF THIS WEBSITE ARE SUBJECT TO THESE TERMS OF USE (THE “TERMS OF USE” OR “TOU”), AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, AND OUR PRIVACY POLICY LOCATED AT [INSERT LINK], WHICH IS INCORPORATED HEREIN BY REFERENCE, ALONG WITH ANY OTHER TERMS AND CONDITIONS SET FORTH BY THE OWNERS. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE, AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION WITH THE WEBSITE. THE OWNERS ARE WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE. THESE TERMS OF USE MAY BE CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED BY THE OWNERS FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH CHANGED, MODIFIED, SUPPLEMENTED OR UPDATED TERMS OF USE IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THESE TERMS OF USE WERE LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THE WEBSITE AND THESE TERMS OF USE PERIODICALLY FOR UPDATES AND CHANGES.

REGISTRATION

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 mres@glennbeck.com - of any unauthorized use of your account or any other breach of security.

AGE REQUIREMENTS
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
Copyright
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 realestate@theblaze.com 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.

PROHIBITED USE
You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website or access the Program, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) in any way that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) to interfere with any other party’s use and enjoyment of the Website or Program, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Owners to be made accessible to a user, or (vi) to attempt to obtain any materials or information through any means not intentionally made available by the Owners, or (vii) to directly or indirectly solicit any user or promote yourself or any firm or company, or (viii) for any use other than the business purpose for which it was intended. In addition, in connection with your use of the Website, you agree you will not: a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any of the Owners’ representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; f) use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise, including any and all unsolicited bulk messages via email, SMS, instant messaging, social networks and other means of electronic communication.; h) violate any applicable local, state, national or international law; i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; ) delete or revise any material posted by any other person or entity; k) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage, www.realestateagentsitrust.com in accordance with the limited license and site access outlined above; l) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; m) harvest or otherwise collect information about others, including e-mail addresses; n) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on this Website. The Owners reserve the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. the Owners may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, the Owners reserve the right at all times to disclose any information as the Owners deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Owners’ sole discretion. 


MONITORING
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).

FRAUD
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
This Website may contain hyperlinks to other sites owned and operated by parties other than the Owners. Such hyperlinks may be advertisements, or links to articles, information, documents, resources or other materials. In the case of advertisements, advertisers pay for such hyperlinks, and the Owners take no responsibility, and is not liable, for any content of such advertisements. In regard to articles, information, documents, resources or other materials, such hyperlinks are provided only for reference and ease of use.  We do not control the websites accessed from such hyperlinks, and cannot be held responsible for the content or accuracy of anything on these sites, including any advertisements, products for sale, or services. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. the Owners are under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. The Owners shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services or other materials available on or through any such website.  The Owners are not responsible for the privacy practices of any other websites.


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.

GENERAL DISCLAIMER

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.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Owners, each of their affiliates and contractors, and all of their respective managers, directors, officers, employees, representatives, proprietors, partners, members, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Website, access to the Program, work or interactions with any Referral, including any listing, purchase, sale or lease, use or reliance on the Content, the use of any linked websites, your reliance on any errors or omissions on the Website, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use as stated herein or as modified from time to time in the Owners’ sole discretion.

FORCE MAJEURE
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.

NOTICES
Notices to you may be sent either to the email address supplied for your account or to the address supplied by you during the registration process. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Additionally, these Terms of Use may be changed, modified, supplemented or updated by the Owners from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated terms of use if you continue to use this Website after such changes are posted. The date these Terms of Use were last updated is stated at the end of this document. You are encouraged to review the Website and these Terms of Use periodically for updates and changes. Any notices to the Owners shall be sent to the attention of “Legal” by email to support@brokersitrust.com.

WEBSITE PRIVACY POLICY

Our Website Privacy Policy, located at brokersitrust.com describes the details of the Owners’ information practices and procedures for personal information we collect at this Website.  We strongly urge you to read our Website Privacy Policy.

GENERAL

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision. By accessing this site you agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, apply. In regard to any matters, disputes or claims related to these Terms of Use, you hereby agree to the exclusive personal jurisdiction and venue of the Superior Court of New York County and the United States District Court for the Southern District of New York.

Date These Terms of Use were Last Updated: April 17, 2014.