Terms of
Use Agreement for PromoterOnline®
PromoterOnline.com (the
Site). These terms of use (Site Terms) apply exclusively to your access to, and use of our
Site so please read them carefully. They do not alter in any way the terms or conditions of any other
written agreement you may have with us for other products or services. By accessing our Site, you agree
to the terms and conditions of our then current Site Terms. We reserve the right to change or modify
any of the terms and conditions contained in the Site Terms or any policy(s) or guideline(s) of the
Site, at any time and in its sole discretion. If we decide to change our Terms of Use Agreement policy,
Privacy Policy or any other policy, we will post a new policy on our site and update the policy date.
Therefore, we encourage you to check the date of our Site Terms whenever you visit this site to check
if it has been updated. Any changes or modification will be effective upon posting of the revisions.
Your use of this Site following the posting of its changes or modifications will constitute your
acceptance of the revised Site Terms. If you do not agree to these Site Terms (including any referenced
policies or guidelines) as modified from time to time, please do not access or otherwise use the services
available from our Site. If you have any questions regarding the use of our Site, please email us at support@promoteronline.com.
License and
Site Access
PromoterOnline
Clients, Sellers & Buyers of Property For Sale. We grant you a limited license to
make personal use only of our Site. Such grant does not include, without limitation: (a) any
resale or commercial use of the Site or content therein; (b) the collection and use of any
product listings or descriptions; (c) making derivative uses of the Site and its contents; or
(d) use of any data mining, robots or similar data gathering and extraction methods. Except as
noted above, you are not conveyed any right or license by implication, estoppel, or otherwise,
in or under any patent, trademark, copyright or proprietary right of PromoterOnline®, or any
third party. You may not use, frame or utilize framing techniques to enclose any PromoterOnline®
name, servicemark or product name without our express written consent. Any unauthorized use of
this Site will terminate the permission or license granted by these Site Terms and may violate
applicable law including copyright laws, trademark and servicemark laws (including trade dress),
and communications regulations and statues. All violators will be prosecuted to the fullest extent
of the law. Real Estate Agents, Other Real Estate Related Professionals. We grant you a limited
license to make personal use only of our Site or when an Affiliate Contract is entered into, we
grant the right to use the site as a business marketing tool. Any person having not entered into
such an Affiliate Agreement may not use the site for any other purpose other than personal use.
Such grant does not include, without limitation: (a) any resale or commercial use of the Site or
content therein; (b) the collection and use of any product listings or descriptions; (c) making
derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar
data gathering and extraction methods. Except as noted above, you are not conveyed any right or
license by implication, estoppel, or otherwise, in or under any patent, trademark, copyright or
proprietary right of PromoterOnline®, or any third party. You may not use, frame or utilize framing
techniques to enclose any PromoterOnline® name, servicemark or product name without our express
written consent. Agents and Real Estate professionals that contact a Lead that has specified that
they do not want to be contacted will be in violation of State and Federal Do Not Call (Mail) Laws
and may be prosecuted under State and Federal penalties. Any unauthorized use of this Site will
terminate the permission or license granted by these Site Terms and may violate applicable law
including copyright laws, trademark laws (including trade dress), and communications regulations
and statues. All violators will be prosecuted to the fullest extent of the law.
Other
Policies or Terms
Privacy
Statement. We believe strongly in providing you notice of how we collect and use data,
including personally identifying information collected from our Site. Information is gathered
directly form our advertisers and/or clients and should only be used by those with proper
authorization and Buyers intending to gather additional information for their own personal
use in the search for home or property.
"Only
a Forum"
This Site and the services
offered herein are provided as a forum and technical interface that allows PromoterOnline® to
connect homeowners and homebuyers with other real estate agents and brokers and other house-related
service providers. PromoterOnline® is an advertising medium for both Sellers and Real Estate
Professionals and ancillary service providers. Although referral services to other real estate
agents are provided upon your request, 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, this Site. 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 this Site is licensed,
qualified, or capable of performing any such service.
Copyright
All copyrighted and
copyrightable materials on this Site, including, without limitation, the PromoterOnline®
logo PromoterOnline®, InternetLS.com®, inetMLS.com®, fsboData.com® or any of our affiliate
sites’ logo, design, text, graphics, pictures , sound files and other files, and the selection
and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2005 PromoterOnline®,
and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of PromoterOnline® or the respective copyright owner.
Permission is granted to display, copy, distribute and download the Materials on this Site for
personal, non-commercial and informational use only; provided that, you may not, without the
permission of PromoterOnline® or the respective copyright owner, a) copy, publish or post any
Materials on any computer network or broadcast or publications media, (b) modify the Materials,
and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
Trademarks
and Service Marks
PromoterOnline®, InternetLS.com®,
inetMLS.com®, fsboData.com® or any of our affiliate sites’ logos, and the products and services
described in this Site, including without limitation, are either trademarks, service marks or
registered trademarks of PromoterOnline® and its suppliers and licensors, and may not be copied,
imitated or used, in whole or in part, without the prior written permission of, PromoterOnline®,
or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and
scripts are service marks, trademarks and/or trade dress of PromoterOnline® and may not be copied,
imitated, or used, in whole or in part, without our written permission. All other trademarks,
registered trademarks, product names, PromoterOnline® names or logos mentioned herein are the
property of their respective owners.
Responsibility
for Your Conduct
You shall remain
solely liable for your conduct or any information that you upload or transmit to/from this
Site. You agree to indemnify and hold harmless, PromoterOnline® its members, managers, officers,
executives, board of directors, agents or heirs from any claim, action, demand, loss or damages
(including reasonable attorneys' fees) made or incurred by any third party arising out of or
relating to your conduct, your violation of these Site Terms, or your violation of any rights
of a third party.
Linking
Links to
the Site. You are granted a limited, non-exclusive right to create a hyperlink to this
Site provided such link does not portray PromoterOnline® or any of its products and services in
a false, misleading, derogatory or otherwise defamatory manner. You may not use any PromoterOnline®
to link to this Site without our express written permission. This limited right may be revoked at
any time. Using our database for resale purposes on any other site is strictly prohibited.
Third-Party
Sites. We make no claim or representation regarding, and accept no responsibility for,
the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or
sites linking to this Site. The linked sites are not under the control of PromoterOnline® and
we cannot be and are not responsible for the content of any linked site or any link contained
in a linked site, or any review, changes or updates to such sites. We are providing these links
to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement
or adoption by us of the site or any information contained therein. When leaving the Site, you
should be aware that our terms and policies no longer govern, and therefore, you should review
the applicable terms and policies, including privacy and data gathering practices of the site
you move on to.
Submissions
You agree that any materials,
including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information, provided by you in the form of e-mail or
submissions to PromoterOnline®, or postings on this Site, are non-confidential. We shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment
or compensation to you. The submission of any materials to PromoterOnline®, including the posting
of materials to any forum or interactive area, constitutes an irrevocable waiver any and all
"of your moral rights" in such materials, including the rights of paternity and integrity.
Disclaimers
THIS SITE AND THE MATERIALS
CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. 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. PROMOTERONLINE®
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION,
MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. PROMOTERONLINE® DOES NOT REPRESENT OR WARRANT
THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PROMOTERONLINE®
IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
WHILE PROMOTERONLINE®. ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, PROMOTERONLINE®
CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR
OTHER HARMFULCOMPONENTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INDIRECT OR CONSEQUENTIAL DAMAGES UNDER CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
We reserve the right to change
any and all content contained on this Site at any time without notice. Reference to any products,
services, process, or other information, by trade name, trademark, manufacturer, supplier, or
otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Limitation
of Liability
IN NO EVENT SHALL
PROMOTERONLINE® BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES,
OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS,
OR LOSS OF DATA, WHETHER IN AN ACTION INCONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE),
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS
CONTAINED IN, OR ACCESSED THROUGH THIS SITE.
Applicable
Law and Venue
These terms
and conditions shall be governed by and construed in accordance with the laws
of the State of Utah, applicable to agreements
made and entirely to be performed within the State of
Utah
, without resort to its conflict of law
provisions. You agree that any action at law or in equity arising out of or
relating to these terms and conditions shall be filed only in state or federal
court located in Utah, and you hereby irrevocably and unconditionally consent
and submit to the exclusive jurisdiction of such courts over any suit, action
or proceeding arising out of these terms and conditions.
General
Terms
No waiver by PromoterOnline®
whether express or implied, of any provision of these Site Terms shall constitute a continuing waiver
of such provision or a waiver of any other provision of these Site Terms. Nor shall PromoterOnline®
be stopped from enforcing any provision of these Site Terms, except by written instrument executed
by PromoterOnline®. Notwithstanding any of these terms and conditions, we reserve the right, without
notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent
future access to and use of the Site. If any provision of these Site Terms shall be deemed unlawful,
void, or for any reason unenforceable, then that provision shall be deemed severable from these terms
and conditions and shall not affect the validity and enforceability of any remaining provisions.
Additional Policies
To view our cancelation Policy click here