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ACCEPTANCE OF TERMS
Your use of this site is expressly conditioned on your acceptance of the following
terms and conditions. By using this site, you signify your assent to these terms
and conditions. If you do not agree with any part of the following terms and conditions,
you must not use this site.
This web site is made available to you by Smartlocating Corporation and its various
trading divisions ("we", "us", or "our"). Smartlocating Corporation provides its
service to you via this internet website www.Smartlocating.com (“Site”), subject
to the following Terms Of Service ("TOS"), which may be updated from time to time
without notice to you. The terms "User", "You", or "Your" shall be used in this
document to identify visitors, subscribers (individual end users), business partners
or affiliates.
You can review the most current version of the TOS at any time at
http://www.Smartlocating.com/TermsOfService.aspx. Furthermore, when using
services on this website you, you will be subject to any applicable posted rules,
guidelines or regulations of such services including those governing your respective
real estate commission. Your use of the Site constitutes your agreement to all such
terms, conditions, policies and notices (the "Agreement").
DESCRIPTION OF SERVICE
Smartlocating Corporation provides users with access to a rich collection of resources
and data regarding apartments, rental properties and other real-estate related content
(the "Service"). If you are registered with this Site, the Service also includes
certain account related communications such as administrative alerts, newsletters
and promotions.
MODIFICATIONS TO SERVICE
Smartlocating Corporation reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that Smartlocating Corporation shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
Smartlocating Corporation may change, add or remove any part of this Agreement,
or any other terms associated with the use of the site, at any time, by posting
a notice of such changes to the Terms of Service page of the web site. Any changes
shall become part of the Agreement and shall apply as soon as such a notice is posted.
By continuing to use the Site after the notice is posted you are indicating your
acceptance of those changes.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Smartlocating Corporation may establish general practices and
limits concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content will
be retained by the Service, the maximum number of email messages that may be sent
from or received by an account on the Service, the maximum size of any email message
that may be sent from or received by an account on the Service, the maximum disk
space that will be allotted on Smartlocating Corporation's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may access
the Service in a given period of time. You agree that Smartlocating Corporation
has no responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the Service.
You acknowledge that Smartlocating Corporation reserves the right to log off accounts
that are inactive for an extended period of time. You further acknowledge that Smartlocating
Corporation reserves the right to modify these general practices and limits from
time to time.
YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE IF YOU ARE A COMPETITOR
OR AFFILIATED WITH A COMPETITOR OF SMARTLOCATING CORPORATION
SHIPPING
Smartlocating Corporation does not ship any its products or services.
RETURN, CANCELLATION AND REFUND POLICY
Premium content on this website requires a user registration and subscription access.
The subscription is on a month-to-month, 3 months, or 6 month basis and is not pro-rated.
You are solely responsible for paying all fees associated with your account.
You may cancel your subscription at any time through the account management
interface (‘My Account’). Service fees are not refundable for any reason.
You are responsible for the full payment of the Service. If you choose to use your
credit card to pay for your use of the Service, you hereby authorize Smartlocating
Corporation to charge your credit card to pay your subscription fees and any
automatic renewals. When you purchase a subscription, we will renew it
automatically and charge your credit card for the price of a then-current subscription
on your appropriate purchase-anniversary date.
All duties, taxes and licenses incurred while shopping on this Site are the sole
responsibility of the customer. Smartlocating Corporation cannot be held responsible
(nor vouch) for any orders with pending taxes, duties or licenses.
You shall be responsible to pay all fees and charges incurred through your account
at the rates in effect for the billing period in which such fees and charges are
incurred, including, but not limited to charges for any products or services offered
for sale through the Service by Smartlocating Corporation or by any vendor or service
provider. At its sole discretion, Smartlocating Corporation reserves the right at
any time to offer memberships on the Service at a discount or to provide premiums
and promotions as a membership incentive. All fees and charges shall be charged
to the credit card provided as part of the subscription payment process and you
agree to pay such charges. You shall also pay any applicable taxes relating to use
of the Service through your account. In addition, you also are responsible for paying
any amounts billed to your credit card by someone who uses your card without your
permission, even if your credit card company does not cover such costs. Smartlocating
Corporation is not liable in any way for charges due to credit card theft, and any
such disputes must be taken up with the credit card company of the cardholder.
YOUR OBLIGATIONS RESTRICTIONS OF USE
You agree to provide true, accurate, current, and complete information about yourself
as requested in the registration process of this Site and to update your information.
You may not reveal your subscription password to anyone else and you may not use
anyone else’s password. You are responsible for maintaining the confidentiality
of your subscription account and password. Unauthorized access to the Service is
a breach of this agreement a violation of the law. Furthermore, you agree to adhere
to all rules and guidelines of your governing real estate commission as well as
laws of the federal Fair Housing Act.
You are responsible for and must provide all computer, telephone and other equipment
and services necessary to access the Site. In addition, you are responsible for
any access charges incurred through on-line services, telephone companies, or Internet
service providers used in obtaining access to the Site.
You shall use this Site for lawful purposes only. You shall not transmit through
this Site any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages
conduct that would constitute a criminal offense, give rise to civil liability or
otherwise violate any law. We reserve the right, in our sole discretion, to refuse
to produce goods and/or to terminate your access to the Site for any breach of this
provision or any other provision of this Agreement.
Any comments, materials, or letters sent by you to Smartlocating Corporation regarding
the site, including without limitation, questions, comments, suggestions, criticisms
or the like ("Received Materials") shall be deemed to be non-confidential and free
of any claims of proprietary or personal rights unless you explicitly state in the
correspondence that the letter is "not for publication" and contains "private and
proprietary" information that may not be distributed. Smartlocating Corporation
shall have no obligation of any kind with respect to such Received Materials and
Smartlocating Corporation will be free to reproduce, use, disclose, exhibit, display,
transform, edit, abridge, create derivative works from and/or distribute the Received
Materials without limitation or restriction. Furthermore, Smartlocating Corporation
is free to use any ideas, concepts, know-how, or techniques contained in any communication
you send to Smartlocating Corporation for any purpose whatsoever, including, but
not limited to, developing, manufacturing, and marketing products using such information,
without compensation or any other obligations to anyone, including you.
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted
or offered to Smartlocating Corporation or otherwise disclosed, submitted or offered
in connection with your use of the Site shall be and remain Smartlocating Corporation's
property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to Smartlocating Corporation of all worldwide rights, titles and interests
in all copyrights and other intellectual properties in the Comments. Thus, Smartlocating
Corporation will own exclusively all such rights, titles and interests and shall
not be limited in any way in its use, commercial or otherwise, of any Comments.
Smartlocating Corporation is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay to user any compensation for any Comments; or
(3) to respond to any user Comments.
The materials on the Site, and the Site as a whole, are intended solely for personal
use. You may download or copy the downloadable materials displayed on the Site for
your personal use only. No right, title or interest in any downloaded materials
or software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, sell or participate in any sale of, or exploit
in any way, in whole or in part, any of the materials on the Site, the Site as a
whole, or any related software without the prior written permission of Smartlocating
Corporation Further, you may not frame any of the content, deep-link to the Site,
trespass or scrape the Site with automated agents without prior written permission
of Smartlocating Corporation
You may not use this Site or its content for any illegal purpose or in any manner
inconsistent with these Terms and Conditions. You agree to use this Site. solely
for your own personal use and benefit and not for resale or other transfer or disposition
to any other person or entity.
TERMINATION
We reserve the right, in our sole discretion, to restrict, suspend or terminate
your access to all or any part of the Service at any time for any reason without
prior notice or liability. We may change, suspend or discontinue all or any aspect
of the Service at any time, including the availability of any Service feature, database,
or content, without prior notice or liability. We reserve the right to remove any
material you submit to the Service for any reason without prior notice to you and
without liability to us. We do not guarantee that the purchase of any of our products
or services will be processed within the expected time frames associated with such
product or service.
We will not be liable for, and you will not be entitled to, a refund for service
outages caused by our maintenance on the servers or the technology that underlies
the Service, failures of our service providers, natural disasters, or other destruction
or damage of our facilities, an act of nature, war, civil disturbance, court order,
legislative or regulatory action, catastrophic weather conditions, a computer virus,
third-party interference, or another cause beyond our reasonable control.
THIRD PARTIES , SPONSORS AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
sponsors, third parties or advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such sponsor, third party or advertiser. You agree that Smartlocating Corporation
shall not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such sponsors,
third parties or advertisers on the Service.
LINKS
The Site may provide, or third parties may provide, links to other World Wide Web
Sites or resources. Because Smartlocating Corporation has no control over such Sites
and resources, you acknowledge and agree that Smartlocating Corporation is not responsible
for the availability of such external Sites or resources, and does not endorse and
is not responsible or liable for any content, advertising, products, or other materials
on or available from such Sites or resources. You further acknowledge and agree
that Smartlocating Corporation shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such content, goods or services available on or through any
such Site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Smartlocating
Corporation EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Smartlocating Corporation MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT,
AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Smartlocating
Corporation OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS,
OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA OR OTHER INFORMATION CREATED
BY Smartlocating Corporation OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM
WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION,
THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH
CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE
RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE
OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY
SECURITY OR INVESTMENT.
f. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH
LINKS IS NOT ADOPTED OR ENDORSED BY Smartlocating Corporation AND REMAINS THE RESPONSIBILITY
OF SUCH THIRD PARTIES.
g. SOME PROPERTIES IN THE DATABASE REQUIRE THAT YOU REGISTER YOUR CLIENTS VIA VARIOUS
REGISTRATION METHODS. WHILE WE TRY TO ASSIST YOU IN THAT PROCESS, YOU AND NOT Smartlocating
ARE RESPONSIBLE TO SUBMIT CLIENT OR GUESTCARD REGISTRATIONS AND FULLFIL ANY OTHER
REQUIREMENTS REQUESTED BY PROPERTIES IN ORDER TO PAY YOUR COMMISSION.
DISCLAIMER OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Smartlocating Corporation SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF Smartlocating Corporation HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED
TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED
THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT
YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR
ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU
USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT Smartlocating Corporation
SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE
Our liability to you, if any, shall not exceed the monthly membership fee paid by
you to Smartlocating. We shall not be liable for indirect, incidental, consequential,
reliance or special damages for harm to business, lost profits, lost savings or
lost revenues, whether or not we have been advised of the possibility of such damages.
We shall not be liable for any damage that you may suffer arising out of use, or
inability to use, the services or products provided hereunder unless such damage
is a caused intentional act of Smartlocating Corporation We shall not be liable
for unauthorized access by third parties to your transmission facilities, premises
or equipment or for unauthorized access to or alteration, theft, loss or destruction
of users' network, systems, applications, data files, programs, procedures, or information
through accident, fraudulent means or devices, or any other method. These limitations
of liability shall apply regardless of the form of action, whether in contract,
warranty, strict liability or tort, and shall survive failure of an exclusive remedy.
The provisions of this paragraph will survive any sale completed with you and any
change or elimination of this Agreement and/or the Site.
TRADEMARK AND OTHER INTELLECTUAL PROPERTY RIGHTS
All materials on this site ("Online Materials"), including, without limitation,
names, logos, trademarks, service marks, images, articles, columns, graphics, photographs,
illustrations, artwork, audio clips, video clips, software, and other elements making
up the Service are protected by copyrights and other intellectual property rights
owned and controlled by Smartlocating Corporation or by other parties that have
licensed their material to Smartlocating Corporation Except as specifically provided
herein, no Online Materials may be copied, reproduced, republished, downloaded,
posted, transmitted, or distributed in any way, or otherwise used for any purpose,
without the prior written permission of their respective owners. You may not add,
delete, distort, or otherwise modify the content on this site. Any unauthorized
attempt to modify any Online Material, to defeat security features, or to utilize
this site for other than its intended purposes is prohibited.
Smartlocating Corporation logos and product and service names are trademarks of
Smartlocating Corporation All other trademarks appearing on the Site are trademarks
of their respective owners and our reference to them does not imply or indicate
any approval or endorsement by their owners unless such approval or endorsement
is expressly made. It is understood that this Site is an information site and service
and that references to other names and trademarks are necessary in the course of
providing information and commentary about the subjects that this site covers. Smartlocating
Corporation intends to enforce its intellectual property rights to the fullest extent
of the law.
If you suspect that content or trademarks on Smartlocating Corporation are being
misused please contact support@Smartlocating.com
as soon as possible.
NON-WAIVER
The failure of Smartlocating Corporation to exercise or enforce any right or provision
of the Terms of Service (TOS) shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other provisions
of the TOS remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual
effect.
VIOLATIONS
Please report any violations of the TOS to
support@Smartlocating.com
INDEMNIFICATION
You agree to indemnify, defend and hold Smartlocating Corporation harmless from
any claims and expenses, including reasonable attorneys' fees, arising from or related
to any breach by you of any terms of this Agreement.
PRIVACY
You can read the Site's privacy statement
here
SEVERABILITY
If any provision of this Agreement is found invalid or unenforceable, the provision
will be enforced to the maximum extent permissible and the other provisions of this
Agreement will remain in force.
ENTIRE AGREEMENT
The provisions of these Terms, and each obligation referenced herein, represent
the entire Agreement between Smartlocating Corporation and you and supersede any
prior proposals, agreements or understandings (whether oral or written) not incorporated
herein. In the event that any inconsistencies exist between these Terms and any
future published terms, conditions and notices of use or understanding, the last
published Terms or terms, conditions and notices shall prevail.
REFUSAL OR DISCONTINUANCE OF SERVICE
Smartlocating Corporation reserves the right to refuse or discontinue service to
any user for non-compliance with these Terms and Conditions.
CHOICE OF LAW AND FORUM
This Agreement will be governed by the laws of the State of Texas. Any dispute arising
from the terms of this agreement or breach of this agreement will be governed by
the laws of the State of Texas and you agree to personal jurisdiction by the state
and federal courts sitting in Austin, Texas. The parties hereby expressly waive
trial by jury in any action, proceeding or counterclaim brought by either of the
parties against the other on any matters whatsoever arising out of or in any way
connected with these Terms and Conditions and agree to submit to binding arbitration
GOVERNING LAW
The Site is created and controlled by Smartlocating Corporation, Inc. in
the State of Texas . The laws of the State of Texas will govern all terms, conditions
and disclaimers on the Site, including this Agreement, without giving effect to
any principles of conflicts of laws.
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