Listing Domains
 
 

Last Revised: November 9, 2013

THIS SOFTWARE LICENSE AGREEMENT (the "Agreement") is made between you "User" and Properties Online, Inc "POL".
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW
Welcome to ListingDomains.com. This website (this “Site”) is owned and operated by Properties Online, a California Corporation.  Your access to, and use of, this Site and the products and services (collectively, the “Services”) found at this Site is subject to the following terms and conditions of use ("Terms of Use").
Whether you are simply browsing this Site or are a registered user or customer of this Site (collectively, "User"), your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by these Terms of Use, along with the Privacy Policy, which is incorporated herein by reference:\

 

2.     DEFINITIONS
The terms “we”, “us” or “our” shall refer to Properties Online, Inc.  The terms “you”, “your” or “User” shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services found at this Site.  Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

 

3.     ELIGIBILITY
Properties Online, Inc.  and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.  By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

 

4.     AGENCY & AUTHORITY
If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms "you", "your" or “User” shall refer to such corporate entity.  If, after your agreement to these Terms of Use, Properties Online, Inc finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms of Use. Properties Online, Inc. shall not be liable for any loss or damage resulting from Properties Online, Inc’s reliance on any instruction, notice, document or communication reasonably believed by Properties Online, Inc. to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Properties Online, Inc. reserves the right (but undertakes no duty) to require additional authentication from you.

If you are agreeing to these Terms of Use, you represent that you have received permission from the homeowner/seller to place information concerning the property on this internet site. You agree to indemnify and hold Properties Online, Inc harmless from any and all claims of the homeowner/seller arising out of or in connection with the placement of the property information on this site.

If you are agreeing to these Terms of Use, you have been authorized by your employer and/or the owner of the name, service mark/trademark to place its name/service mark/trademark on this internet site. You agree to indemnify and hold Properties Online, Inc harmless from any and all claims by such entity relating to the placement of its name/service mark/trademark on this site.

If you are agreeing to these Terms of Use, you acknowledge that you own or otherwise control all of the rights to the content or that the content is in the public domain and that public posting and use of your content by Properties Online, Inc will not infringe upon or violate the rights of any third party.

5.      TERMS OF USE
You acknowledge and agree that:

  1. Your use of this Site and the Services found at this Site, including any content you submit, will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.

  2. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.

  3. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.  

  4. You will not use this Site or the Services found at this Site in a manner (as determined by Properties Online, Inc. in its sole and absolute discretion) that:

    • Is illegal, or promotes or encourages illegal activity;

    • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;

    • Promotes, encourages or engages in child pornography or the exploitation of children;

    • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;

    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

    • Infringes on the intellectual property rights of another User or any other person or entity;

    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

    • Interferes with the operation of this Site or the Services found at this Site;

    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or

    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Properties Online, Inc. or Properties Online, Inc.’s Services.

  5. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Properties Online, Inc.

  6. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

  7. You will not access Properties Online, Inc. Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Properties Online, Inc. may designate.

  8. You agree to accept as a risk the loss of any and all of your User Content.

  9. You will not use this Site or the Services found at this Site, including any of Properties Online, Inc. related technologies, for any commercial use without Properties Online, Inc.’s express prior written consent.

  10. You agree to use this site for lawful purposes only and not to post or link to material that is unlawful, vulgar, profane, defamatory, abusive or otherwise objectionable. You recognize Properties Online, Inc has the right to remove any material that it finds to be objectionable.

  11. By posting or submitting content to this site, you grant Properties Online, Inc. And its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose.  You also warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Properties Online, Inc. will not infringe upon or violate the rights of any third party.

  12. By Agreeing you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

6.     YOUR USE OF PROPERTIES ONLINE, Inc. CONTENT AND USER CONTENT
In addition to the general rules above, the provisions in this Section 5 apply specifically to your use of Properties Online, Inc. Content and User Content posted to Properties Online, Inc.’s corporate websites (i.e., those sites which Properties Online, Inc. directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
In addition to general rules above and all covenants including in these Terms of Use, you warrant that the information regarding the property is accurate and correct to the best of your knowledge and belief and that you have verified the information in accordance with the present custom and practice in the industry. You agree to indemnify and hold Properties Online, Inc harmless from any and all claims of injury and/or damage arising out of or in connection with the accuracy of the information on this internet site regarding this property.

 

7.     CONTENT OWNERSHIP

1.  Properties Online, Inc. Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Properties Online, Inc.  Content”), are owned by or licensed to Properties Online, Inc. in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Properties Online, Inc. Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Properties Online, Inc. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. Properties Online, Inc. reserves all rights not expressly granted in and to the Properties Online, Inc. Content, this Site and the Services found at this Site, and these Terms of Use do not transfer ownership of any of these rights.

 

2.  User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).  By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Properties Online, Inc.  that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.


3.  Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Properties Online, Inc. Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Properties Online, Inc. Content or the User Content therein.

 

8.      ACCOUNTS
Accounts.  In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to Properties Online, Inc. that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.  If Properties Online, Inc. has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Properties Online, Inc. reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. 


Account Security.  You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and payment method(s).  For security purposes, Properties Online, Inc. recommends that you change your password at least once every six (6) months for each Account you have with Properties Online, Inc.  You must notify Properties Online, Inc.  immediately of any breach of security or unauthorized use of your Account. Properties Online, Inc.  will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Properties Online, Inc. or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.


Transfer of Data Abroad.  If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.  By visiting this Site and communicating electronically with us, you consent to such transfers.  Properties Online, Inc makes no representation that materials on this site are appropriate or available for use in locations outside the United States and Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

9.     MONITORING OF CONTENT & ACCOUNT TERMINATION POLICY
Properties Online, Inc. generally does not pre-screen User Content (whether posted to a website created or hosted by Properties Online, Inc. or posted to this Site).  However, Properties Online, Inc. reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Use. You acknowledge that you are solely responsible for the content of your web site. You represent and warrant that:

You have received permission from the homeowner/seller to place information concerning the property on this internet site. You agree to indemnify and hold Properties Online, Inc harmless from any and all claims of the homeowner/seller arising out of or in connection with the placement of the property information on this site.

The information regarding this property is accurate and correct to the best of your knowledge and belief and that you have verified the information in accordance with the present custom and practice in the industry. You agree to indemnify and hold Properties Online, Inc harmless from any and all claims of injury and/or damage arising out of or in connection with the accuracy of the information on this internet site regarding this property.

You have been authorized by your employer and/or the owner of the name, service mark/trademark to place its name/service mark/trademark on this internet site. You agree to indemnify and hold Properties Online, Inc harmless from any and all claims by such entity relating to the placement of its name/service mark/trademark on this site.

You own or otherwise control all of the rights to the content or that the content is in the public domain and that public posting and use of your content by Properties Online, Inc will not infringe upon or violate the rights of any third party.

You agree to use this site for lawful purposes only and not to post or link to material that is unlawful, vulgar, profane, defamatory, abusive or otherwise objectionable. You recognize Properties Online, Inc has the right to remove any User Content that it finds to be objectionable (whether posted to a website created or hosted by Properties Online, Inc or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Use, or for otherwise violating these Terms of Use (as determined by Properties Online, Inc. in its sole and absolute discretion), at any time and without prior notice. Properties Online, Inc. may also terminate a User’s access to this Site or the Services found at this Site if Properties Online, Inc. has reason to believe the User is a repeat offender.  If Properties Online, Inc. terminates your access to this Site or the Services found at this Site, Properties Online, Inc. may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

 

10.      ADDITIONAL RESERVATION OF RIGHTS
Properties Online, Inc. expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by Properties Online, Inc. in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of Properties Online, Inc., its officers, directors, employees and agents, as well as Properties Online, Inc.’s affiliates.


Properties Online, Inc. expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

 

11.    INTERNATIONAL USE
Properties Online, Inc makes no representation that materials on this site are appropriate or available for use in locations outside the United States and Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do soon their own initiative and are responsible for compliance with local laws.

 

12.    NO MASS ELECTRONIC MAIL
This section outlines Provider's policy on unsolicited mass e-mail and newsgroup postings, commonly known as, and referred to herein as "SPAM". For the purpose of this agreement, "unsolicited e-mail" shall be defined as: any electronic mail sent to a given list of address(es) for which the owner(s) have not given express permission for the Client's use in mass communication. Properties Online, Inc network's resources may not be used by Client to e-mail or mass e-mail any user(s), or groups of users who have not indicated an express willingness to receive said mailings. SPAM may not be used as a means of promotion for Web sites, products or services hosted on Properties Online, Inc's network regardless of whether or not SPAM is sent through our network.


Any violation of this policy may result in termination of this Agreement and website service disconnection without prior notice. You acknowledge you have read, understand and agree to be bound by Properties Online, Inc.’s Anti-Spam Policy referenced above and available here.  You agree Properties Online, Inc. may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Properties Online, Inc. liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account. 

 

13.      LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Properties Online, Inc. Properties Online, Inc. assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Properties Online, Inc. does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Properties Online, Inc. from any and all liability arising from your use of any third-party website. Accordingly, Properties Online, Inc. encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
This Site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Properties Online, Inc, and you acknowledge that Properties Online, Inc is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Properties Online, Inc or any association with its operators. You also recognize that while Properties Online, Inc endeavors to ensure that third party web sites are always operational, Properties Online, Inc cannot and does not guarantee their continuous operation. Accordingly, as a condition of being a user of this web site, you release and hold Properties Online, Inc harmless from any and all claims of injury and/or damage arising out of or in connection with the non-operation of any third party internet site that includes a feature or link from your property website.

Your websites may use features from third party websites. These features include but are not limited to: Market Reports, Property Search, Recently Sold Homes, Neighborhood demographics and information, Google Maps and Microsoft’s Virtual Earth mapping software. Properties Online, Inc has no control over these websites or the products they offer. You acknowledge that Properties Online, Inc is not responsible for the accuracy, copyright compliance, legality, decency, functionality, operation, or any other aspect of the content or function of such sites. Properties Online, Inc reserves the right to discontinue any feature offered by a third party vendor, or replace the feature with a similar product at anytime without notice. You also recognize that while Properties Online, Inc endeavors to ensure that features using third party web sites are always operational, Properties Online, Inc cannot and does not guarantee their continuous operation. Accordingly, as a condition of being a user of this web site, you release and hold Properties Online, Inc harmless from any and all claims of injury and/or damage arising out of or in connection with the non-operation of any third party internet site that includes a feature or link from or on any of your purchased websites from Properties Online, Inc.

14.      DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Properties Online, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Properties Online, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Properties Online, Inc. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.  Properties online, llc., ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.


IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Properties Online, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

 

15. LIMITATION OF LIABILITY
IN NO EVENT SHALL Properties Online, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Properties Online, Inc. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


You recognize that Properties Online, Inc cannot and does not independently verify the accuracy of any information provided by you for use on this internet site.

You also recognize that while Properties Online, Inc endeavors to ensure that our administrative website(s) and your website(s) purchased through one of our website template programs are always operational, Properties Online, Inc cannot and does not guarantee Their continuous operation. This includes but is not limited to ListingDomains.com, RealEstateSites.com, virtuets.com, listingsunlimited.com, drip365.com, agentwidgets.com, propertiesonline.com and AgentAnnounce.com. Accordingly, as a condition of being a user of this web site, you release and hold Properties Online, Inc harmless from any and all claims of injury and/or damage arising out of or in connection with the accuracy of the information on this internet site and/or the non-operation of any website, agent announce email campaign or of the administrative website(s) (ListingDomains.com, propertiesonline.com, RealEstateSites.com, virtuets.com, listingsunlimited.com, drip365.com, agentwidgets.com and AgentAnnounce.com.).

UNDER NO CIRCUMSTANCES SHALL Properties Online, Inc, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Properties Online, Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROPERTIES ONLINE, Inc'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.


IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Properties Online, Inc.’s total aggregate liability exceed the total amount paid by you for the particular ServiceS that ARE the subject of the cause of action.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

 

16. INDEMNIFICATION
You agree to protect, defend, indemnify and hold harmless Properties Online, Inc. and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Properties Online, Inc. directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms of Use or the corporate policies which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.  The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

 

17. SUCCESSORS AND ASSIGNS
These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

 

18. NO THIRD-PARTY BENEFICIARIES
Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

 

19. U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”).  Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws.  None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or any other denied parties lists under U.S. Export Laws.  By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations).  If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws.  If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site.  The obligations under this section shall survive any termination or expiration of these Terms of Use or your use of this Site or the Services found at this Site.

 

20. COMPLIANCE WITH LOCAL LAWS
Properties Online, Inc. makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations. 

 

21. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
The Terms of Use shall be governed by and construed in accordance with the federal law of the United States and the state law of California, whichever is applicable, without regard to conflict of laws principles.  You agree that any action relating to or arising out of these Terms of Use shall be brought in the state or federal courts of Sonoma County, California, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Sonoma County, California.  You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms of Use.

 

22. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of these Terms of Use are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in these Terms of Use shall for all purposes be construed to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

 

23.    NEW DOMAIN NAME REGISTRATION
Properties Online, Inc will register your requested domain name and obtain ownership of said name on your behalf. Use of registered domain name is included in your Listing Domain software usage and website hosting fee. You may continue to use the name after your initial 12 month subscription by extending your hosting with Properties Online, Inc You may also request that the domain name be transferred to another account owned by you or another domain name registrar of your choice. A domain name transfer fee of $15.00 will apply and you will be responsible for any renewal fees that apply to keep your domain name active. Please contact support@propertiesonline.com for additional information about transferring domain names.

 

24.    DOMAIN NAME EXPIRATION
Domain names are registered for one year periods. If you fail to renew your website prior to its expiration date, your domain name will expire. Upon expiration, your domain name is placed into a redemption period for approximately 90 days. To retrieve a domain name from redemption incurs a fee of $95 US. Users are responsible for renewing their websites upon or prior to the renewal date (one year from date of purchase) in order to keep their domain name from lapsing and going into redemption. The user is solely responsible for any fees assessed from the domain registrar to reactivate a domain after it is placed into redemption.

 

25.    EXISTING DOMAIN NAME
You may use a domain name that you already own for your Listing Domain website. In this case, you are solely responsible for managing and renewing your domain name with your current registrar prior to the expiration date. If you fail to renew your domain name, your website will no longer be active on the internet. Properties Online does not require or recommend that you transfer your domain name to our registrar.

 

26.    DOMAIN NAME LIMITED LIABILITY
Properties Online, Inc registers domain names through an automated process. On occasion, the automated process cannot be completed at time of purchase due to any number of reasons including but not limited to communication errors between POL's software and the domain registrars API or web service. If a communication error occurs during the order process, a notification will appear telling you that we were unable to register the domain name or ascertain if the domain name was available to register. Properties Online, Inc will make every effort to manually register your requested domain name, however, if the requested domain name in not available, you agree to hold Properties Online, Inc harmless for any expenses deriving from your original domain name request not being available for registration.

 

27.    REFUND POLICY
Once purchase has completed, no refund can be issued.

 

 

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