| TERMS OF SERVICE
This Terms of Service Agreement ("Agreement")
is made between MultiMillionDollarEstates.com, Inc.
(the "Company") and any person (collectively
"you", "your" or "I")
who uses any of the services offered on this website
(collectively the "Service").
BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU
EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF
THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS
OR USE ANY PART OF THE SERVICE.
1. The Service and Registration
a. Description. The Service is proprietary
to Company and is protected by intellectual property
laws and international intellectual property treaties.
Your access to the Service is licensed and not sold.
Company agrees to provide you with non-exclusive access
to or use of the Service, consisting of providing listings
of privately owned multi million dollar estates, subject
to the terms and limitations set forth in this Agreement.
b. Accessibility. You agree that
from time to time the Service may be inaccessible or
inoperable for any reason, including, without limitation:
(i) equipment malfunctions; (ii) periodic maintenance
procedures or repairs which Company may undertake from
time to time; or (iii) causes beyond the control of
Company or which are not reasonably foreseeable by Company.
2. Representations and Warranties
You represent and warrant to Company that: (a) you
are over the age of eighteen (18) and have the power
and authority to enter into and perform your obligations
under this Agreement; (b) you shall comply with all
terms and conditions of this Agreement, including, without
limitation, the Acceptable Use Policy set forth at Section
3; and (c) if requested, you have provided accurate
and complete registration information, including without
limitation, your legal name, address and telephone number.
3. Ownership
You acknowledge that any and all content listed on
the MultiMillionDollarEstates.com website, as well as
any e-mail communications generated from the Service,
(collectively, the "Content") is and shall
remain the property of the Company and its licensors.
Any and all Content may not be used, copied or modified
by you without the express written permission of the
Company.
4. Acceptable Use Policy
You are solely responsible for any and all acts and
omissions that occur under your account or password,
and you agree not to engage in unacceptable use of the
Service, which includes, without limitation, use of
the Service to: (a) disseminate or transmit unsolicited
messages or unsolicited commercial email; (b) disseminate
or transmit material that, to a reasonable person may
be abusive, obscene, pornographic, defamatory, harassing,
grossly offensive, vulgar, threatening or malicious;
(c) disseminate or transmit files, graphics, software
or other material that actually or potentially infringes
the copyright, trademark, patent, trade secret or other
intellectual property right of any person; (d) create
a false identity or to otherwise attempt to mislead
any person as to the identity or origin of any communication;
(e) export, re-export or permit downloading of any message
or content in violation of any export or import law,
regulation or restriction of the United States and its
agencies or authorities, or without all required approvals,
licenses or exemptions; (f) interfere, disrupt or attempt
to gain unauthorized access to other accounts on the
Service or any other computer network; (g) disseminate
or transmit viruses, trojan horses or any other malicious
code or program; or (h) engage in any other activity
deemed by the Company to be in conflict with the spirit
or intent of this Agreement.
5. Limitations
a. Privacy. It is the policy of the Company to respect
your privacy. Company will not monitor, edit, or disclose
any personal information about you or your account,
including its contents, without your prior consent unless
Company has a good faith belief that such action is
necessary to: (i) comply with legal process or other
legal requirements of any governmental authority; (ii)
protect and defend the rights or property of Company;
(iii) enforce this Agreement; or (iv) protect the interests
of users of the Service other than you or any other
person. Your IP address is transmitted and recorded
with each message you send from the Service. Company
does provide certain information in aggregate form collected
from and relating to you to third persons such as advertisers.
For more information, please read the Company's Privacy
Policy.
b. Inaccuracies. You acknowledge
that inaccuracies and/or typographical errors may exist
within the Service. You agree that it is your obligation
to verify any and all information contained with the
particular property owner identified within the Service.
c. Displayed Properties. By using
the Service, you acknowledge that the Service is a listing
and information service that brings together property
owners and agents.
d. Listing Service. By using the
Service, you acknowledge that the Service is a listing
and information service that brings together property
owners and agents. Information about a particular property
is supplied by the agent or property owner, not by the
Company. The Company cannot and does not verify the
information that property owners supply or guarantee
the properties they offer. When using the Service to
find a property, it is recommended that you to use the
same common sense and good judgment you would use in
responding to a classified ad in the newspaper.
e. Non Solicitation. The Company
provides this Service to permit users the ability to
review information about properties around the world.
You acknowledge that the Company has expended significant
time and money in collecting the Content contained within
the Service. As a result, the Service is provided to
you for the sole purpose of inquiries. Use of the Service
and its Content for any other reason, including but
not limited to the solicitation of the Company's clients
and advertisers, is strictly forbidden ("Non-Solicitation").
YOU ACKNOWLEDGE THAT THE COMPANY'S DAMAGES FOR YOUR
FAILURE TO ADHERE TO THE NON-SOLICITATION PROVISION
SET FORTH HEREIN ARE DIFFICULT TO ASCERTAIN. AS A RESULT,
YOU AGREE TO PAY TO THE COMPANY, AN AMOUNT EQUAL TO
ONE THOUSAND DOLLARS ($1,000) FOR EACH VIOLATION OF
THE NON-SOLICITATION PROVISION. This provision is intended
to establish liquidated damages and is not intended
as a penalty. This liquidated damages provision does
not waive or alter any remedies available to the Company
under this Agreement, at law or in equity for your default
hereunder.
6. Termination
This Agreement is effective upon your acceptance as
set forth herein and shall continue in full force until
terminated. You may terminate this Agreement at any
time and for any reason by sending an e-mail to support@multimilliondollarestates.com
notifying the Company of your desire to terminate this
Agreement. Company reserves the right, in its sole discretion
and without notice, at any time and for any reason,
to: (a) remove or disable access to all or any portion
of the Service; (b) suspend your access to or use of
all or any portion of the Service; and (c) terminate
this Agreement.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU
EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR
SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY
MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED
BY USE OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS
AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER
SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE
AND TERMINATE THIS AGREEMENT.
9. Indemnification
You agree to indemnify, hold harmless and defend Company,
its shareholders, directors, officers, employees and
agents from and against any action, cause, claim, damage,
debt, demand or liability, including reasonable costs
and attorney's fees, asserted by any person, arising
out of or relating to: (a) this Agreement; (b) your
use of the Service, including any data or work transmitted
or received by you; and (c) any libelous, slanderous,
indecent or other statement concerning any person made
or republished by you.
10. Miscellaneous
a. Law. This Agreement shall be governed
by the laws of the State of California and the United
States without reference to conflicts of laws.
b. Amendment. Company shall have
the right, at any time and without notice, to add to
or modify the terms of this Agreement, simply by posting
such amended terms herein. Your access, link to or use
of the Service after the date such amended terms are
delivered to your account with the Service shall be
deemed to constitute acceptance of such amended terms.
c. Waiver and Severability. No failure,
delay in exercising or enforcing any right or remedy
hereunder by Company shall constitute a waiver of any
other right or remedy, or future exercise thereof. If
any provision of this Agreement is determined to be
invalid under any applicable statute or rule of law,
it is to that extent to be deemed, omitted, and the
balance of the Agreement shall remain enforceable.
d. Survival. The respective rights
and obligations of the parties under Sections 2, 3,
4, 5, 7, 8, 9 and 10 shall survive any termination or
expiration of this Agreement.
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