Last Modified: 8.26.2019
3. About the Service.
4. Site Use and Updates
While we will make every effort to keep the Site as up to date as possible, we make no guarantee that information on the Site is accurate or current. We disclaim any liability arising from your reliance on or use of such information.
We make every effort to provide a convenient and functional Site. However, we do not guarantee that Our Site will be error-free or that the Site or the server(s) that operate the Site are free of viruses or other harmful components. You assume full responsibility to maintain adequate backup files and to update your virus detection software to protect the integrity and security of your computer system or mobile device. We are not liable for any damages arising from your use of Our Site or other Services.
We reserve the right to withdraw or amend the Service without notice. While we make every effort to keep the Site operational and accessible to members, we are not responsible or liable if the Site or any part of Our Service is unavailable for any length of time for any reason.
Use of the Service and Site is limited strictly to current, paid members.
You must be at least 18 years old and a resident of the United States to register on the Site and to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements herein. IF YOU DO NOT MEET ALL OF THE ELIGIBILITY REQUIREMENTS HEREIN, YOU SHALL NOT ACCESS OR USE THE SERVICE.
6. Grant of Use.
As a free bonus to your membership, the Company may provide you with access to a Facebook group exclusively for members of the Service known as “Inner Circle Engage [Members Only]” (the “Group”). This Group is run at the Company’s discretion, and the Company may close, delete, or archive the Group at any time for any reason. In its sole discretion, the Company reserves the right to refuse or revoke any member’s access to the Group at any time for any reason. Loss of access to the Group alone does not alter your access to the Service, the price of your membership, or these Terms. Members are required by abide by the Group’s rules and guidelines, the directions of the Group’s moderators, and Facebook’s rules and terms of service. The Company reserves the exclusive right to change the Group’s rules and guidelines and to appoint new moderators at any time.
7. Subscription Fees, Cancellation and Refund Policy.
Credit card holder’s account will run for 30 consecutive days beginning with the date of your registration and is automatically renewed every 30 days. Lighter Side of Real Estate may terminate the subscription and these terms if it is unable to renew the subscription based on inaccurate or outdated credit card information. Right of access granted under these Terms is effective only upon payment of the subscription fees. Lighter Side of Real Estate may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that Lighter Side of Real Estate provides notice at least thirty (30) calendar days prior to the expiration of the subscription.
You can cancel your subscription at any time from the Manage Subscription page. There are no contracts. The only valid way to cancel your subscription is by using the cancellation link provided on the “Manage Subscription” page, which is accessible within the Lighter Side Inner Circle Website in the top-right corner (you must log in). Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation. Once you cancel your membership subscription, you will not lose access immediately. Your membership will continue through the end of your current charge cycle. For example: If your credit card is charged on the 10th of the month and you cancel on April 25th, you will not lose access until the May 10th.
Subscription fees are non-refundable, except that you may cancel your subscription by contacting Lighter Side of Real Estate within thirty (30) calendar days after the initial payment and receive a full refund of the 1st term subscription fee. After the 1st thirty (30) day term you may cancel at any time, however, you will not receive a refund in whole or in part, and your subscription will be terminated at the end of the 30-day billing period for which you were last billed.
Termination of License
Our Service is intended for active, paid members only. Upon termination of your account, you immediately and automatically lose your non-exclusive license to use Our Service and all of its content, including, but not limited to, any materials downloaded during your membership. Once your membership terminates, you may not copy, share, post, distribute, or in any way disseminate Our content either electronically or in hard copy. In addition, you must destroy any downloaded content in your possession, whether in electronic or printed format. We retain the right to enforce Our intellectual property rights against former members who continue to use Our content after their membership terminates.
8. Prohibited Uses.
Your grant of use to this Service is conditioned upon the following use restrictions and conduct restrictions, and you agree that you will not under any circumstances:
- use the Service or its content in any way violate any applicable federal, state, local, or international law or regulation;
- interfere or attempt to interfere with the proper functioning of the Service;
- use the Service to advertise or publish to, or otherwise reach, a target audience consisting of real estate agents or other related real estate professionals, nor may you use the Service to publish on their behalf (aka social media management);
- use the Service for the purpose of fulfilling client services (i.e. acting as an agency or representative of your real estate agent clients);
- use the Service in any way that violates the rules, regulations, laws, and codes of ethics and conduct that govern your practice of real estate;
- use the Service in any way that threatens, harasses, or maliciously embarrasses another individual;
- make any automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; or
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data.
9. User’s posting of content from the site to other internet venues.
10. Content posted on behalf of Users.
You may select content to be posted by the Company on your behalf, using your accounts on other internet platforms (e.g., social media). Content will only be posted on your behalf with your express authorization. If you so authorize, content posted on your behalf will only consist of content selected by you. No content will be posted on your behalf without your requisite authorization and selection. You are not required to use the Service’s automatic posting feature. You are responsible for all properly authorized Content posted on your behalf. The Company has the right, in its sole discretion, to suspend or discontinue its automatic posting feature of the Service at any time.
11. Discounts from third-party vendors.
We occasionally coordinate and notify members of promotions and discounts for goods and services offered by third-party vendors (the “Vendor Offeror”). Any such discounts or promotions are subject to the terms and conditions imposed by the Vendor Offeror. We do not endorse any Vendor Offeror or any product, service, or organization referenced. We do not guarantee the discounts we advertise to members on behalf of a Vendor Offeror, and we do not insure your satisfaction with any products or services offered by any Vendor Offeror. You acknowledge that the Vendor Offeror may, at its sole discretion, change the terms or conditions of any promotion or discount at any time. We expressly disclaim any representation or warranty as to the price, quality, merchantability, fitness for any particular purpose, or otherwise, of any good or service offered by a Vendor Offeror. You acknowledge and agree that we will not be liable for any claim, demand, or cause of action arising from or related to any Vendor Offeror discounts or promotions.
12. Copyright Complaints and Copyright Agent.
A. All content that you post on the Service must comply with U.S. copyright law and all other applicable laws and regulations.
B. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at 2601 La Frontera Blvd. #2121, Round Rock, TX 78681, USA:
- The date of your notification;
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. Intellectual Property.
You acknowledge and agree that the Company and our licensors retain a license to utilize any and all intellectual property of any kind that you post to the Site, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
14. E-mail Not Sufficient to Provide Notice.
Communications made via e-mail or other electronic form, will not constitute legal notice to the Company or any of its officers, employees, agents, or representatives in any situation where notice to the Company is required by contract or any law or regulation.
15. User Consent to Receive Communications in an Electronic Form.
We may also use your email address to send you other messages, including information about the Company and special offers. You may opt out of such email by sending us a message at: 2601 La Frontera Blvd. #2121, Round Rock, TX 78681, USA.
*Opting out may prevent you from receiving messages regarding the Company or special offers.
16. Warranty Disclaimer.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SERVICES.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
You hereby acknowledge and affirm that you are solely responsible for the decision to participate in any of the Services, and furthermore acknowledge and affirm that the Lighter Side of Real Estate, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers shall in no way be responsible for any actual or alleged claims of intellectual property infringement as a result of your decision to post or otherwise reuse any of the content offered as part of the Services. Claims related to any alleged copyright infringement will be handled in the manner set forth in Section 12 above.
18. Limitation of Damages and Release.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
20. General Terms.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement shall be construed consistent with applicable law. The remaining portions shall remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement shall not be considered a waiver of our right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
You hereby agree that any cause of action related to, or arising out of, your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action shall be permanently barred.
You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, misuse of the Services, violation of any law, or the rights of a third party; such indemnification shall include any loss suffered by the Company as a result of your use of the Services or your use of content provided by the Services.
22. Waiver of Jury Trial.
EACH OF THE PARTIES WAIVES ITS RIGHTS TO A TRIAL BY JURY OF ALL CLAIMS OR CAUSES OF ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR ARISING OUT OF THIS AGREEMENT BROUGHT BY EITHER PARTY AGAINST THE OTHER. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS OF OR MODIFICATIONS TO THIS AGREEMENT.
23. Waiver of Class Action.
All claims between the parties related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Services.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
24. Waiver of Compliance with Terms.
25. Assignment and Delegation.
26. Entire Agreement and Severability.
27. Section Headings, Fonts, and Styles.