The submission of information to StatesideInvestor (as defined below), access to, and use of the StatesideInvestor website (located at www.StatesideInvestor.com), and the real estate information services provided thereon (collectively, the “Service”) is subject to the following contractually binding terms and conditions (the “Terms and Conditions” or the “Agreement”).
If you are viewing, using, or accessing the Service for free, you are a “User.” If you are viewing, using or accessing the Service under a paid or Premium subscription, you are a “Customer.” These Terms and Conditions refer to Users and Customers collectively as “You.” No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the StatesideInvestor website without express written permission from StatesideInvestor. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of StatesideInvestor, Sovereign Landmark Ltd Information, Inc. or any of its affiliates, including without limitation any company owned or operated by Sovereign Landmark Ltd. (collectively, “StatesideInvestor” or the “Company”) or acting on behalf of a competitor of StatesideInvestor in registering for or accessing the Service.
Membership privileges are granted by StatesideInvestor to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of StatesideInvestor. By completing the registration process You become a “Member,” and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must maintain a valid email address and a password, which shall be utilized for logging on to the StatesideInvestor system. Members are not permitted to share their individual login information with others. StatesideInvestor has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions, the Listing Policies as posted and displayed on the StatesideInvestor website, or abuses its rights related to the Service. Upon registration, which is free, User becomes a Basic Member. Users and Basic Members may search using the Service, and will receive access to the available advertised properties matching the designated search parameters. A Basic Member may also list properties on the Service, but those listings will only be able to be fully accessed and viewed in the search results generated on the Company’s website.
StatesideInvestor utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant StatesideInvestor the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes StatesideInvestor determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. StatesideInvestor will use best efforts to honor Member’s request to opt out of marketing messages, but under no circumstances will StatesideInvestor have any liability for sending any email to its Members. By becoming a Member, you acknowledge and agree that the Company may record telephone and other electronic communications it has with you for their internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
Members may submit to StatesideInvestor property descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, contact or other information (collectively, the “Submitted Content”) for each listing in StatesideInvestor. By submitting a listing, Member represents, warrants and agrees that (a) You own or have the full right, power and authority to grant to StatesideInvestor use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to StatesideInvestor; (b) Your license of such content to StatesideInvestor hereunder does not, and the use or license of such content by StatesideInvestor to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such content; and (d) You will fully indemnify the Company against any and all damages or other losses, and any related attorney’s fees, other fees, and/or expenses, incurred by the Company as a result of any breach of the foregoing representations or in connection with Your Submitted Content, including without limitation as a result of any claim brought by a third party in connection with Your Submitted Content, whether or not such claim prevails. With respect to all Submitted Content You have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, StatesideInvestor acknowledges that you retain any applicable ownership rights that You may have with respect to the Submitted Content. You nonetheless grant StatesideInvestor and its affiliates (including other Sovereign Landmark Ltd. companies) and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Member further acknowledges and agrees that StatesideInvestor may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by StatesideInvestor and its affiliates, including other Sovereign Landmark Ltd. companies). Member agrees not to submit any Submitted Content to StatesideInvestor unless Member has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on Member’s website and StatesideInvestor’s website. Specifically, Member will not submit a photograph if Member received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the StatesideInvestor website. Members may only submit videos personally created by them or their direct employees or via StatesideInvestor’s Pro Video™ service. Members may not upload or otherwise submit videos created or produced by third-party video tour providers. Where Member’s listing incorporates content provided by StatesideInvestor or its affiliates, such as property photos or other images or information (collectively, “StatesideInvestor Materials”), Member is granted a limited, revocable, exclusive and non-sub-licensable license to use such StatesideInvestor Materials strictly in connection with Member’s StatesideInvestor listing. All other rights to StatesideInvestor Materials are expressly reserved. The Company may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Members who are alleged to have submitted property listings, Submitted Content or other information in violation of these binding Terms and Conditions. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Member who repeatedly or knowingly violates these binding Terms and Conditions. Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the StatesideInvestor website. No robot, spider or other automated service may be used to submit listings to the Service. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the StatesideInvestor website and Company shall have the right to modify the property listing in the exercise of its rights under these binding Terms and Conditions. Listings that are not modified or renewed within a 75-day period are automatically changed to “Off Market” and are no longer viewable on StatesideInvestor.com. Member (a) represents and warrants that all properties and associated information provided by Member, including Submitted Content, will be accurate; (b) agrees not to post a property listing on the StatesideInvestor marketplace under a name other than the individually named licensed real estate agent or agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner (shared accounts, e.g. [email protected] are strictly prohibited); (c) agrees to administer the properties provided by Member and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted on the StatesideInvestor website. Member is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Member. While the Company will undertake reasonable efforts for data backup and business resumption, Member will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to StatesideInvestor. StatesideInvestor may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. Member agrees that StatesideInvestor may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings. Member accepts that this is a legitimate and lawful security precaution on the part of StatesideInvestor, and accepts further that in the event that any third party has access to property listings that can be identified as having such unique adjustments, this shall constitute a prima facie breach of security and of these Terms and Conditions.
Use of Information
You agree to treat all information obtained from the Service, including StatesideInvestor Materials, listings, member directory, historical transaction information (“Property Comps”), and any information otherwise made available to You in the Service (individually and collectively, the “Content”) as proprietary to StatesideInvestor. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of StatesideInvestor. StatesideInvestor does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence.
Email addresses that a Member uploads to Marketing Tools are for Member’s use only; StatesideInvestor agrees not to use a Member’s Marketing Tools contact list.
You shall limit access to, viewing of, and use of active property listings and broker directory information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the StatesideInvestor Service as part of any effort to compete with StatesideInvestor, including without limitation using the StatesideInvestor Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential StatesideInvestor customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the StatesideInvestor Service. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy StatesideInvestor products, services or information; decompile, decode or reverse engineer StatesideInvestor software; or use StatesideInvestor products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Members and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. StatesideInvestor is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of these binding Terms and Conditions that relate to confidentiality of account, login or password information.
Nature of Customer’s Business
If a Member or an affiliate of Member owns properties and intends to market them directly via the public StatesideInvestor marketplace, ProspectList or LoopLink, such Member represents to StatesideInvestor that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third-party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Customer agrees to pay for all products ordered through the StatesideInvestor website or via the StatesideInvestor sales team using the payment method indicated, and provides StatesideInvestor express authorization to charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of StatesideInvestor products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, StatesideInvestor may immediately cease to provide any and all Deliverables to the Customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At StatesideInvestor’s option, Customer shall pay such taxes or fees directly or pay to StatesideInvestor any such taxes or fees immediately upon invoicing by StatesideInvestor. StatesideInvestor is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. Customer loyalty or product bundle discounts are subject to cancellation. For yearly subscriptions, StatesideInvestor may increase subscription prices annually, on the anniversary of the subscription’s start date, by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, Seasonally Adjusted, US City Average. To view your billing information, visit My Account. Monthly subscriptions will automatically renew using the Customer’s current credit card account number unless Customer or StatesideInvestor cancels the subscription three (3) days prior to the renewal date. Customer cancellations should be made online via the “My Account” tab, once Customer has logged into www.StatesideInvestor.com. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. No partial month refunds will be provided. Except as otherwise provided herein, all other member subscriptions, including quarterly and annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless Customer or StatesideInvestor provides three (3) days’ advance written notice of non-renewal. Quarterly and annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. All cancellation and non-renewal requests by Customer will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Customer’s email account on record with StatesideInvestor.
Gold, Platinum and Diamond Power Ad subscriptions may be purchased for 3-month, 6-month or 12-month initial terms. After the initial term, the Listing Tier will automatically renew for one month terms unless Customer or StatesideInvestor cancels the subscription three (3) days prior to the end of the then-current term. A minimum 3 month term is required for all Power Ads. If Listing is moved off market or upgraded to a higher exposure tier by a listing contact, billing for that listing will automatically terminate end of month in which the Listing was moved except Power Ads within the first three months of term, which all billing shall automatically terminate end of initial 3-month term Power Ad exposure applies to the Listing ID upgraded; swaps are prohibited. Cancellations are effective at the end of the then-current term; no partial month refunds will be provided.
If Customer has a question about a cancellation, Customer should contact StatesideInvestor Client Services at [email protected] The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the “My Account” tab, once Customer has logged into www.StatesideInvestor.com. StatesideInvestor does not validate all credit card information required by the Customer’s payment provider to secure payment.
The Customer must notify StatesideInvestor about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to StatesideInvestor’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies. StatesideInvestor reserves the right to discontinue the provision of all or any portion of the Deliverables, in which case (i) Customer shall only be responsible for paying fees associated with that portion of the Deliverables (if any) that continue to be provided after the effective date of such termination, and (ii) StatesideInvestor shall refund any fees (if any) paid by Customer for provision of the discontinued Deliverables after the effective date of such termination.
StatesideInvestor offers a paid subscription product for those Customers who primarily utilize the Service to actively list and market commercial properties available for sale and/or for lease (“Premium Lister” or “Premium Lister subscription” or “Premium Subscription”)A Customer who purchases a Premium Lister subscription is a “Premium Customer.” Premium Subscription privileges are granted by StatesideInvestor to individuals exclusively and extend solely to the subscribing Premium Customer. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium Customer. Moreover, a Premium Customer may not use a Premium Subscription for the benefit of any other broker, appraiser, researcher, analyst, sales person or similar commercial real estate professional, including without limitation those working for the same company or at the same place of business. A Premium Customer is prohibited from using Premium Lister to list properties on behalf of, or for the benefit of, other brokers or commercial real estate professionals working for the same company or at the same office. Such Customer of a Premium Lister subscription is permitted to list solely those listings for which he or she is the listing broker. Premium Subscription privileges are subject to change from time to time and may be subject to property listing, property searching, and member directory searching limitations. Under Premium Lister subscription, one (1) through ten (10) Premium Listing plans are available for purchase online; higher Premium Listing plans are available. Any listing on which the Primary Contact is a Premium Lister and is within its plan will receive Premium exposure; listings above plan will receive exposure on the Company’s website. Customer acknowledges that StatesideInvestor (in addition to its other remedies) can cancel, not renew, and/or prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. StatesideInvestor also has the right to refuse service to any Customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of Customer’s listing activity on StatesideInvestor.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the StatesideInvestor Website prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
After adding a listing at the Standard exposure level, there will be an option to change current membership level to a Premium Lister with a Premium Listing plan which will provide Premium exposure for the listing. For all plan changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in current billing cycle, and Customer’s subscription rate will be adjusted commencing with the next bill date. If Customer was above its plan, Service will upgrade the most recently created Standard Listings to Premium until Customer is within its plan. Premium Members may change current membership level to a lower Premium Listing plan by clicking to “Change Plan” under “My Account”. Membership change will take effect end of term for Premium Members in a quarterly or annual commitment. Once effective, service will downgrade the earliest created Premium Listing to a Standard Listing until Customer is within plan or there are no additional listings to downgrade. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of online request submission to change membership level, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided. The company reserves the right to deactivate complimentary subscriptions granted to Premium Members if there is no search activity for the previous ninety (90) days.
Campaigns are available for purchase by Members for member advertising (Premium status not required) by contacting StatesideInvestor Advertising Sales. Searchers who click the advertisement can be directed to a lead form. Leads will be available for each campaign by clicking the ‘Leads’ link, accessible via ‘My Ads’. Pricing for each campaign will be determined by the number of available impressions (or views) advertiser desires for a given set of campaign targeting options, including property type, search type (for sale/for lease), and location (zip code). The number of impressions is calculated on the purchase date and remains guaranteed (up to the impression cap provided at campaign purchase) throughout commitment term. Advertising client (“Client”) acknowledges that the average views per month on StatesideInvestor.com varies, therefore the number of views for a campaign will vary month to month. Campaigns are sold on a quarterly or annual commitment, billed to a credit card on a monthly billing frequency. Monthly invoicing is available when a minimum campaign value is met. All campaigns auto-renew for additional terms, equal to initial term, if price remains within ten percent (10%) of original campaign purchase price. If at renewal, market demand has increased the campaign price more than ten percent (10%), Client will be notified via email that the campaign has expired and Client will need to authorize campaign continuation at current market price. At any time, Client may request to cancel the campaign by calling StatesideInvestor Advertising Sales. Cancellation requests must be submitted three (3) days prior to the last day of the current campaign to effectively cancel the campaign at the end of term and avoid renewal. All cancellations are effective at end of the initial or renewal term and monthly billing will continue for the full commitment. There are no refunds or early terminations. There are five status phases to an advertising campaign:
- Draft Phase – The campaign is reserved but the creative is not live. Billing commences at this time and continues until the campaign is canceled at the end of any campaign term.
- Active Phase – Ad is published by Client
- Paused Phase – Advertisement is paused by Client after Client contacts a StatesideInvestor Advertising Representative. Monthly billing continues for full commitment period, with no refund or additional impressions due, for reserved inventory that in the Paused Phase.
- Suspended Phase – Client suspends advertisement so it is not live on StatesideInvestor, but billing for full commitment period will continue with no refund due.
- Expired Phase – Campaign is complete and client has validly submitted a cancellation request to be effective at the end of the initial or any renewal term. At this time, the advertisement is not active, and monthly billing has stopped.
An advertisement creative can be updated online or by calling StatesideInvestor Advertisement Representative, and may take up to 24 hours to appear on StatesideInvestor.com. Any update or change to the ad once campaign has begun will require a new advertisement campaign for such updated ad. All previous campaigns will continue until valid cancellation notice is submitted and the campaign ends at the end of the term.
Unsolicited Commercial Email (Spam)
StatesideInvestor prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the Contact Listing Broker, Send to Friend service, Pro Tools, or other email services that StatesideInvestor offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Pro Tools, You agree to send email only to those who have given You consent or with whom You have an established business relationship. StatesideInvestor has the right to revoke the privileges of any party who breaches these terms.
StatesideInvestor reserves the right to terminate or suspend a Customer’s account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of StatesideInvestor services, nonpayment of fees owed by you in connection with StatesideInvestor or its affiliates’ services, account inactivity or technical or security issues. Upon termination, StatesideInvestor shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
StatesideInvestor retains all rights (including Intellectual Property Rights as defined below), title and interest in the Service, the StatesideInvestor Website, StatesideInvestor Materials, ProspectList technology and brochures, Email Alert database, LoopLink technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of StatesideInvestor’s technology or delete or alter author attributes or copyright notices. You shall use the StatesideInvestor system solely for Your own individual use and shall not share passwords with others or allow others to use the StatesideInvestor system under or through that Your login ID/email and password; nor shall any Member use the StatesideInvestor system to list properties or conduct searches on behalf of other non-Member brokerage, research, analyst, sales or other similar personnel.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL STATESIDEINVESTOR BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF STATESIDEINVESTOR’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER’S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and StatesideInvestor’s entire liability under these Terms and Conditions shall be a refund of the fees paid to StatesideInvestor hereunder, and in no event will StatesideInvestor’s liability for any reason exceed such fee. StatesideInvestor (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify StatesideInvestor (and StatesideInvestor’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND STATESIDEINVESTOR MARKET TREND REPORTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. STATESIDEINVESTOR MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATION, OR STATESIDEINVESTOR MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND STATESIDEINVESTOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. STATESIDEINVESTOR MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO STATESIDEINVESTOR’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM STATESIDEINVESTOR’S WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND STATESIDEINVESTOR MARKET TREND REPORTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STATESIDEINVESTOR OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Maps and Directions Disclaimer
Links to Third Party Sites
Other Rights of StatesideInvestor
You agree that StatesideInvestor shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet. StatesideInvestor shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. StatesideInvestor shall have no obligation to (i) resolve disputes among Users, Members and/or Customers or (ii) monitor or verify the accuracy or proper use of the Listings. StatesideInvestor reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on StatesideInvestor’s corporate website, located at http://www.StatesideInvestor.com.
Claims of Copyright Infringement
If you believe that your work has been copied onto StatesideInvestor in a way that constitutes copyright infringement, please provide StatesideInvestor’s registered DMCA agent the written information specified below:
- A description of the copyrighted work that you claim has been infringed;
- Identification of the material you claim is infringing, including a description of where such material is located;
- Your address, telephone number, and e-mail address;
- A signed statement that the information in your notice is accurate, that you have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law; and under penalty of perjury, that that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
We may forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content. Please note that this procedure is exclusively for notifying StatesideInvestor that your copyrighted material has been infringed
Brokers and Agents
Any Customer who identifies himself or herself as a broker or agent on the StatesideInvestor website member registration form or otherwise purports to be a broker on StatesideInvestor’s Find a Broker service hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. StatesideInvestor does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the StatesideInvestor website.
Governing Law; Customer Right to Arbitrate
These binding Terms and Conditions, and the Deliverables provided by StatesideInvestor, shall be governed by the laws of New York, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of New York for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of StatesideInvestor, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of StatesideInvestor to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, You agree that the remaining terms and provisions remain in full force and effect.
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Member Services at StatesideInvestor.
Except as provided herein, the terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.