WEBSITE ACCESS TERMS AND CONDITIONS
By using this site, you, on behalf of yourself and all other users of your computer (collectively "You"), agree that the terms and conditions set forth below, including the venue, choice of law, LIMITATIONS OF LIABILITY AND LIMITATIONS OF WARRANTY provisions, govern Your access to and use of: (A) the website(s) (the "Website") owned or operated by RealtyVid, LLC, a Georgia limited liability company ("We," "Us" and the "Company"), and its parents, subsidiaries and related companies; and (B) the information and digital media and other files (collectively "Content") contained at or accessible from the Website. READ THIS AGREEMENT CAREFULLY. IT IS A BINDING LEGAL CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
The Company receives the Content from third parties, posts the Content on the Website and provides access to the Content to persons and entities via the Website. The Content is primarily directed to the sale and leasing of real estate.
We will, from time to time, grant You access to the Website to view and access Content (the "Services"). You may only utilize the Services in those jurisdictions where these Terms and Condition will be govern the relationship between you and the Company. We may, at Our option and without notice to You, from time to time, terminate or modify the Services, Your ability to Utilize the Services or remove all or any part of the Content. You are responsible for providing all of the hardware and software necessary to utilize the Services. Other than your agreement to these terms and conditions, there is no cost for the Services.
The Company grants You a revocable license to view the Content as part of your utilization of the Services on one computer for Your personal use and for a period of thirty (30) days from the date You receive the Content from the Website. You may not redistribute the Content, in whole or in part, for consideration, or use, or help third parties to use, the Content for any other media, including, but not limited to, Internet websites, advertising media, or other business purposes.
COMPANY PROVIDES THE CONTENT AND SERVICES “AS-IS, WHERE-IS” HAS NO OBLIGATIONS OR RESPONSIBILITIES TO YOU CONCERNING ANY PART OF THE CONTENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, CONCERNING: (1) THE CONTENT OR THE FACTS OR MATTERS SET FORTH IN THE CONTENT; (2) THE SERVICES; (3) THE ABILITY TO ACCESS THE SERVICES AT ANY TIME OR TIMES; OR (4) THE DIGITAL FILES YOU RECEIVE FROM THE WEBSITE. The Company has not and will not verify any or all of the Content, including, without limitation, whether the person or entity actually owns or has the right to sell or lease the property that is the subject of the Content, or whether property that is the subject of the Content is actually for sale or lease. You agree that You will exercise utmost care and caution and not rely on the Content, except as a means to ascertain that a particular property may be for sale or lease and may have certain characteristics.
COMPANY’S MAXIMUM LIABILITY TO YOU OR ANY PERSON CLAIMING BY OR THROUGH YOU FOR ANY CLAIM, WHETHER BASED IN TORT, STRICT LIABILITY OR NEGLIGENCE SHALL BE $100.00 PER USER PER YEAR. YOU AGREE TO WAIVE ALL CLAIMS FOR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUES, AND OTHER PERSONAL AND ECONOMIC DAMAGES.
You represent and warrant to the Company that You are over 18 years of age. You agree to indemnify and hold the Company, its officers, managers, employees, agents, parents, subsidiaries and sister companies, and their respective officers, directors, managers, employees, agents, members and shareholders harmless from any and all liabilities, costs, damages, obligations and expenses (including reasonable attorney’s fees and court costs) that any of them, individually or collectively, suffers or incurs as a result of your breach of any covenant, warranty or representation in this Agreement.
If you have a complaint about the Content, Your sole remedy will be for you to terminate Your utilization of the Services. You may, at Your option, provide Us with notice of Your complaint in accordance with the procedures posted on the Website. We will review any complaints You provide and take the action We, in our sole discretion, believe is appropriate. You have no right to require Us to take any action with respect to Content.
Any dispute, legal proceeding, mediation, arbitration or lawsuit between You and Company or concerning the Services, the Content or any other aspect of the our relationship (a “Dispute”) shall be determined in accordance with Georgia law, without giving effect to its conflict of laws principles. Except for unaffiliated third party actions, exclusive venue for any Dispute shall be the state and federal courts with jurisdiction in Cherokee County, Georgia. You hereby waive all defenses based on venue, the inconvenience of the forum, and lack of personal jurisdiction in any Dispute brought in Cherokee County, Georgia.
This Agreement sets forth the entire understanding of the parties concerning the subject matter hereof and incorporates all prior negotiations and understandings. There are no covenants, promises, agreements, conditions or understandings, either oral or written, between them relating to the subject matter of this Agreement other than those set forth herein. These Terms and Conditions may be modified, supplemented or replaced by US, from time to time, and Your utilization of the Services after posting of the modified, supplemented or replacement Terms and Conditions on the Website constitutes Your acceptance of the modified, supplemented or replaced Terms and Conditions. Other than as set forth in the preceding sentence, no alteration, amendment, change or addition to these Terms and Conditions shall be binding upon Company unless such alteration, amendment, change or addition is in writing and signed by Company’s authorized representative.
No claim that either of You or We have waived any provision of these Terms and Conditions shall be valid unless the waiver is in writing and signed by the waiving party. A written waiver shall only apply to a particular instance. All communications, notices, demands and requests to be given under these Terms and Conditions shall be in writing and, for notices by Us to Your, shall have been properly given the next business day after We post such notice on the Website or, at our option, transmit an e-mail containing such notice to You to the e-mail address for You in Our records. The address for Company shall be that set forth on the “Contact Us” page of the Website. The invalidity or unenforceability of a particular provision of these Terms shall not affect the other provisions hereof, and these Terms shall be construed in all respects as if such invalid or unenforceable provisions were omitted.