|Terms and Conditions
(Last Revised on 1/1/2009)
AGREEMENT BETWEEN USER AND InboxRealEstateLeads.com
The InboxRealEstateLeads.com web site (the “Web site”) is offered to homeowners who are interested in home purchasing, as well as to real estate agents (each a “User” or “you”) and is conditioned upon your acceptance without modification of the terms, conditions and notices contained in these Terms & Conditions (“Terms & Conditions”). As a User, your access and/or use of this Web site constitutes your express agreement to all such terms, conditions and notices. If you do not agree with these Terms & Conditions, you are not authorized to use this Web site. Please periodically link to and review these Terms & Conditions, because your continued usage of this Web site indicates your agreement with any revisions to these Terms & Conditions.
USER PROVIDED INFORMATION
PROPRIETARY RIGHTS; NO RESALE OF SERVICES
InboxRealEstateLeads.com has invested a significant amount of time, effort, and resources in the creation of this Website. The content and services available through this Web site are the sole property of InboxRealEstateLeads.com or its licensors, and are protected by U.S. and international patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, InboxRealEstateLeads.com-owned content which you receive through this Website may be downloaded, displayed, and printed for your individual use only. Content owned by InboxRealEstateLeads.com's licensors may be subject to additional restrictions. Except as provided in the foregoing sentence, you agree not to resell, reproduce, modify, display, transmit, distribute or copy goods, content, products, services, or information obtained from InboxRealEstateLeads.com; You also agree not to exploit your membership or association with InboxRealEstateLeads.com for a commercial or advertising purpose without the express written permission of a corporate officer of InboxRealEstateLeads.com.
LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to web sites operated by parties other than InboxRealEstateLeads.com's; Such hyperlinks are provided for your reference only. InboxRealEstateLeads.com does not control such third party web sites or their content, and cannot guarantee, represent, or warrant that the content of these third party web sites is accurate, legal, and/or inoffensive. InboxRealEstateLeads.com does not endorse the content of other web sites, and cannot warrant that these web sites do not contain viruses or other features that may adversely affect your computer. By using the Web site to link to another third party web site, you agree and understand that you may not make any claim against InboxRealEstateLeads.com for any damages or losses resulting from your use of the Web site to link to a third party web site.
DISCLAIMER OF WARRANTY
THE INFORMATION, SOFTWARE, PRODUCTS, PRICING AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. InboxRealEstateLeads.COM SHALL NOT BE HELD ACCOUNTABLE FOR SUCH ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. InboxRealEstateLeads.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY TIME. EXCEPT FOR THE LIMITED CONTACT WARRANTY SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. InboxRealEstateLeads.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY InboxRealEstateLeads.com OR ITS REPRESENTATIVE SHALL CREATE A WARRANTY AS IT IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. EXCEPT FOR THE LIMITED CONTACT WARRANTY, YOU ACCEPT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS AND/OR SERVICES; SHOULD ANY GOODS OR SERVICES PROVIDED HEREUNDER PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, YOU AND NOT InboxRealEstateLeads.COM ASSUME THE COSTS TO CORRECT SUCH DEFECT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL InboxRealEstateLeads.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY PERSONAL INJURY SUSTAINED THROUGH YOUR USE OF THIS WEBSITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR THROUGH CONTACT WITH THE CONSUMERS SET FORTH IN THE LEADS, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE. IN NO EVENT SHALL InboxRealEstateLeads.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF INTERRUPTION OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SERVICES, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR WITH ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF InboxRealEstateLeads.com AND/OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL InboxRealEstateLeads.com's AGGREGATE LIABILITY IN CONNECTION WITH THIS WEBSITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, EXCEED THE FEES ACTUALLY PAID TO InboxRealEstateLeads.com BY THE AGENT FOR THE LEADS IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE CAUSE OF ACTION GIVING RISE TO SUCH DAMAGES. The foregoing limitations shall apply even if the above stated remedy fails of its essential purpose. You acknowledge that the limitations of liability in these Terms & Conditions and the allocation of risk herein are an essential element of the bargain between the parties, without which InboxRealEstateLeads.com would not have provided Services to the consumer. InboxRealEstateLeads.com pricing reflects this allocation of risk and the limitation of liability specified herein.
You agree to defend, indemnify, and hold harmless InboxRealEstateLeads.com and its affiliates, officers, directors, employees, and consultants, from and against any and all claims, losses, liabilities, and damages of any kind resulting from: (1) your failure tocomply with these Terms & Conditions; (2) your use of the Website or any information disclosed therein; (3) your negligence and/or intentional misconduct; (4) breach of any representation, warranty or obligation hereunder and/or (4) any authorized disclosure of Personal Information (including, without limitation, your authorization that InboxRealEstateLeads.com disclose your personal information to real estate agents).
TERMINATION OF SERVICES
InboxRealEstateLeads.com reserves the right to remove any and all information on the Web site and/or to cancel any and all services provided on or through the Web site or provided to anyone at any time. In addition, if InboxRealEstateLeads.com has reason to believe you are in breach of these Terms & Conditions or any other obligations owed to InboxRealEstateLeads.com, then without limiting any other remedies, InboxRealEstateLeads.com may issue a warning, temporarily suspend, indefinitely suspend, or terminate your subscription and/or account and delete any other information placed by you on the Web site at InboxRealEstateLeads.com's sole discretion.
You may not assign these Terms & Conditions, in whole or in part, without InboxRealEstateLeads.com's prior written consent, and any attempted assignment without such consent shall be null and void. InboxRealEstateLeads.com may assume and assign these Terms & Conditions without your consent to a successor-in-interest in connection with a change of control, merger, sale of all or substantially all of its assets to which this Agreement relates or other corporate reorganization. Subject to the foregoing, these Terms & Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
These Terms & Conditions are governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Butte County, California, USA in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and InboxRealEstateLeads.com as a result of these Terms & Conditions or use of this Web site. InboxRealEstateLeads.com's performance of its obligations hereunder and/or any services offered on the Web site is subject to existing laws and legal process, and nothing contained in these Terms & Conditions is in derogation of InboxRealEstateLeads.com right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by InboxRealEstateLeads.com with respect to such use. If any part of these Terms & Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms & Conditions shall continue in effect. These Terms & Conditions may not be amended by you. InboxRealEstateLeads.com's waiver of any term, condition or notice contained within these Terms & Conditions shall not be construed as a waiver of any subsequent breach or failure of the same term or condition or a waiver of any other term or condition or notice contained in these Terms & Conditions. InboxRealEstateLeads.com shall not be responsible for any delay or failure in performance of its obligations under these Terms & Conditions that is caused directly or indirectly by events, occurrences, or causes beyond its reasonable control. These Terms & Conditions constitute the entire agreement between you and InboxRealEstateLeads.com with respect to this Web site and the services provided thereon and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and InboxRealEstateLeads.com with respect to this Web site (including any prior versions of these Terms & Conditions). A printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.