PART ONE
Terms and Conditions for All Users/Visitors, Customers, & For Sale by Owners
The Luxury Brokers, LLC., a Colorado Limited Liability Company having a principal place of business at 1160 Lake Plaza Dr, Colorado Springs, CO. 80906 provides the services offered on the TheLuxuryBrokers.com Web site (the ?Services?) to you, subject to and under the following Terms and Conditions (the ?Terms? or the ?Agreement?). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON TheLuxuryBrokers.com, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM. In these Terms, ?Web site? refers to TheLuxuryBrokers.com. ?You? refers to users of TheLuxuryBrokers.com. ?Customers? refers to users who purchase any product or Service on TheLuxuryBrokers.com, including without limitation listing their properties on the Web site. The words ?we,? ?us,? and ?our? refer to The Luxury Brokers, LLC. the owner and operator of this Web site. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms.
1. Access and Registration. If you open an Account at TheLuxuryBrokers.com, you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. We reserve the right to terminate your Account if individuals from more than one household access TheLuxuryBrokers.com using any single user name or password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access TheLuxuryBrokers.com using your name in whole or in part without our permission. If you believe someone has accessed TheLuxuryBrokers.com using your user name and password without your authorization, e-mail us immediately at the address listed below. You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register (or as soon thereafter as fees or charges are incurred) and are nonrefundable. You are responsible for all fees and charges incurred to access TheLuxuryBrokers.com through an Internet access provider or other third party service. You agree that we may terminate your Account if it remains inactive (that is, without updates, changes, or deletion from you) for a period of one (1) year.
2. Customer Listing, Password, and Security. Customers may create a user name (your e-mail) and password (if required). In addition, Customers that list their properties on TheLuxuryBrokers.com as sellers are assigned a listing number that identifies the property. Customers are responsible for maintaining the confidentiality of their user names, listing numbers, or passwords (if applicable). You, as a Customer, are solely responsible for all activities that occur under your user name, listing number, and password. As a Customer, you agree to immediately notify us of any unauthorized use of your user name, listing number and/or password or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME, LISTING NUMBER, AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. You, as Customer, agree that we may terminate your Account if it remains inactive for a period of one (1) year.
3. Customer Responsibilities. In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your listing number, username, and/or password, including the accuracy and completeness of all content that you (or anyone using your Account) submit, post, or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, NONCOMMERCIAL PURPOSES only. That is, you agree and acknowledge that your use of the Web site and Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on TheLuxuryBrokers.com, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever. Other than providing links to virtual tours of your property, YOU MAY NOT INCLUDE A LINK TO ANY WEBSITE IN YOUR LISTING. IF YOU VIOLATE OR FAIL TO COMPLY WITH THIS SECTION 3, YOU AGREE TO COMPENSATE The Luxury Brokers, LLC. FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $10,000.
4. Customer Responsibilities Concerning Property Listings.
A. Any Customer who registers to advertise their home will be billed a one-time non-refundable flat fee of $99, which entitles the Customer to maintain the property listing until sold. Notwithstanding the foregoing, the Customer is responsible for periodically extending the listing period of one year if desired by requesting periodic extensions from TheLuxuryBrokers.com, and then requesting removal of the listing from the Web site. We may charge the Customer a surcharge not to exceed $50.00 for the Customer?s failure to request removal of the listing after the property is sold. Refer to Sub-Section H below for more information.
B. Prices and Availability May Vary. Prices may vary by geography or sales channel (e.g., telephone orders or Internet orders) and are subject to change. Accordingly, check your order confirmation for the pricing of the services/products you purchased. In addition, prices may vary by plan depending on specials, discounts, or rebates that may be in effect at any given time. Some or all plans listed may not be available in all areas.
C. Any and all properties are not advertised in any Realtors MLS. The Customer does not assume at anytime the advertised property will be listed in any Realtors MLS.
D. Video Service. Customers cannot post their own video of the advertised home as part of the advertising service. The Luxury Brokers, LLC will produce a ?still motion? video using Customer submitted photos of the advertised property. The limit of Customer submitted pictures shall be no more than eighteen (18). The Luxury Brokers, LLC. may produce up to three different videos of advertised property upon Customer request. Customer understands that videos are not customizable in any way. Customer may select the one video they like the best for display. Customer will not receive video(s) as either a digital file or DVD. Customers will have their video posted for the same duration as advertised property on the TheLuxuryBrokers.com website. Videos will not exceed 3 minutes in length. A third-party provider, YouTube.Com, is responsible for the quality of the video, hosting, and posting of video to our Web site. TheLuxuryBrokers.com is not responsible and Customer does not hold TheLuxuryBrokers.com liable in any way if YouTube.com ceases to broadcast The Luxury Brokers, LLC. videos for any reason. All videos are the sole ownership of The Luxury Brokers, LLC. There will be a $25 fee each additional video produced after the first video is posted. Any new video may replace subsequent video(s) previously posted.
E. Home Page Feature. This service rotates your property listing through the top section of the home index2 page of TheLuxuryBrokers.com until new listings ?push? it downward out of the page. Your listing may reappear at anytime in the home index2 page at random.
F. We Do Not Provide Real Estate Services to You. The Luxury Brokers, LLC. or its affiliates may refer independent real estate professionals, brokers, or agents to you and/or Customers; however, The Luxury Brokers, LLC. does not itself engage in real estate broker services on your behalf. All real estate brokerage services are performed by independent, local brokers/agents that have been referred to you by The Luxury Brokers, LLC. The terms of any agreement between a real estate broker/agent and you are not endorsed, recommended, or otherwise known to or by The Luxury Brokers, LLC.
TheLuxuryBrokers.com DOES NOT receive any payment including, but not limited, to a referral fee that may be a percentage of the commission received by a real estate agent/broker involved in any real estate transaction
G. Placement on Other/Third-Party Web Sites. The Customer understand and agrees that TheLuxuryBrokers.com may or may not submit your property listing information or video to other/third-party Web sites for inclusion on those other/third-party Web sites. YOU ARE NOT PURCHASING A LISTING WITH THESE OTHER/THIRD-PARTY WEB SITES AS PART OF THE FEE THAT YOU PAY TO The Luxury Brokers, LLC. To the contrary, we submit your property listing information and/or video to other/third-party Web sites for inclusion on those other/third-party Web sites as part of the Services. IF, HOWEVER, A THIRD-PARTY WEB SITE REJECTS YOUR PROPERTY LISTING FOR ANY REASON, YOU HAVE NO RECOURSE AGAINST The Luxury Brokers, LLC. In addition, the particular other/third-party Web sites to which we will submit your property listing information are subject to change without notice to you. IF YOU OBJECT TO ANY CHANGES TO THE LIST OF OTHER/THIRD-PARTY WEB SITES TO WHICH WE WILL SUBMIT YOUR PROPERTY LISTING INFORMATION, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. Moreover, Web sites owned or operated by third parties are not under our control. Accordingly, we cannot guarantee that your property listing information (including images or videos) associated with your property listing will appear on any particular third-party Web site or will appear in a certain way on such third-party Web site. Further, we are not responsible for any modifications or changes made to third-party Web sites. YOU AGREE AND ACKNOWLEDGE THAT The Luxury Brokers, LLC. SHALL HAVE NO LIABILITY WHATSOEVER CONCERNING CLAIMS RELATED TO (i) THE SUBMISSION OF YOUR PROPERTY LISTINGS INFORMATION TO OR (ii) THE USE, DISPLAY, OR MODIFICATION OF YOUR PROPERTY LISTING INFORMATION ON OR BY THIRD-PARTY WEB SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR SUCH CLAIMS SHALL BE TO CEASE USING THE SERVICES.
H. "Until Sold," Expiration of Listings, and Extensions. Plans stating that a Customer is entitled to maintain a property listing ?until sold? require a user to request periodic extensions to a listing in order to continue maintaining a listing on the Web site. All listings have a 12-month expiration date from purchase unless extended by the user. Extending your property listing period on TheLuxuryBrokers.com is simple. Email an extension message to listings@theluxurybrokers.com including the name of the user and the property address. Upon receiving a request to extend your listing, we will then extend your listing by 2 additional months after which you must contact us again for any further extensions. A Customer is not required to pay any additional fees to request extensions. You will receive an e-mail message 1-3 days before your property listing expires, reminding you that your property listing will expire. This is the only means by which we will contact you concerning the expiration of your property listing. If you do not receive this e-mail or do not have an e-mail address listed, then it is your responsibility to contact us to extend your listing.
I. How to Remove Your Listing/Cancel Your Ad Online. If your property sells, you should remove your listing from the Web site and/or cancel your ad. Removing your property listing from TheLuxuryBrokers.com or canceling your ad is simple. Email a cancelation message to listings@theluxurybrokers.com including the name of the user and the property address. Contact us at 1-719-661-2685 if you need assistance. IT IS THE CUSTOMER?S RESPONSIBILITY TO ENSURE THAT THEIR AD HAS BEEN REMOVED.
J. Use and Storage Guidelines. You understand, acknowledge, and agree that we may establish general practices and/or limits concerning the use of the Services, including without limitation the maximum number of days that information provided by you or account history and related data may be retained as part of the Services or maximum numbers of times or the maximum duration for which you may access the Services in a given period of time. IF YOU OBJECT TO ANY GENERAL PRACTICES OR LIMITS CONCERNING THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH GENERAL PRACTICES OR LIMITS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF THE SAME AND SATISFACTION WITH THE SERVICES SUBJECT TO SUCH GENERAL PRACTICES AND/OR LIMITS.
K. Home Builders or Home Auction Program. The Home Builders and Home Auction Program provides up to:
? 25 home listings per month for $899 per month.
? 10 home listings per month for $499 per month.
? 5 home listings per month for $299 per month.
Each listing may stay on the site until the house listed is sold. Any Customer who registers for our Home Builders Program or Home Auction is responsible for paying monthly subscription fees. Customers who choose the Home Builders Program or Home Auction will be automatically billed to their credit card every thirty days from the date the customer account is created (the ?renewal date?) until the Customer cancels. Payment for the monthly account shall be made by automatic credit card debit. Customers can cancel listings online, can send a cancellation request via e-mail at least one (1) business day prior to the renewal date to the e-mail listed below, or can call us at the number listed below. Direct all e-mail cancellation requests to listings@theluxurybrokers.com This e-mail address is being protected from spambots, you need JavaScript enabled to view it or call 1-719-661-2685. You must receive a confirmation from us, either via electronic mail or over the telephone, or your listing has not been canceled.
L. Additional Upgrades. From time to time, we may offer additional upgrades. Upgrades offered are subject to change, may be changed without notice and may be offered for a limited time. Upgrades will be offered in connection with various Services, and all such upgrades may be subject to additional fees.
M. The Luxury Brokers, LLC. is not a law firm, and the employees of The Luxury Brokers, LLC. are not acting as your attorney OR PROVIDING YOU LEGAL ADVICE IN ANY WAY. TheLuxuryBrokers.com cannot provide legal advice. A THIRD-PARTY ATTORNEY ? NOT TheLuxuryBrokers.com ? IS THE ONLY PERSON THAT CAN PROVIDE legal ADVICE TO YOU.
5. Refunds in General. Under certain limited circumstances, The Luxury Brokers, LLC. may refund the purchase price or a portion of the purchase price for Services purchased from TheLuxuryBrokers.com.
A. Customer Obligations concerning Cancellation. In certain cases in its sole discretion, The Luxury Brokers, LLC. will attempt to make commercially reasonable efforts to accommodate its users and Customers that purchase products or the Services from TheLuxuryBrokers.com and subsequently attempt to cancel such purchase. However, it is ultimately your responsibility to promptly inform The Luxury Brokers, LLC. that you are canceling a purchase in accordance with express terms of this Section 5, and The Luxury Brokers, LLC. is under no obligation to make accommodation for users of Customers that attempt to cancel or two issue refunds unless the express provisions of this Section 5 apply. The Luxury Brokers, LLC. IS NOT RESPONSIBLE FOR AND NEED NOT HONOR CANCELLATION REQUESTS THAT IT DOES NOT RECEIVE OR DOES NOT RECEIVE IN A TIMELY FASHION.
B. Voiding Charges within 24 Hours of Purchase. If you or Customers or purchasers of a product through the TheLuxuryBrokers.com on-line shop or the Services notify The Luxury Brokers, LLC. WITH BOTH AN EMAIL AND A PHONE CALL. Email notifications must be sent to info@theluxurybrokers.com. Call-in notifications must be made in person to 1-719-661-2685. WE MUST RECEIVE BOTH AND EMAIL AND CALL NOTIFICATION WITHIN 24 HOURS OF A PURCHASE, then The Luxury Brokers, LLC. will void, reverse, or credit the charges on such purchase.
C. Refund and Change Policy after 24 Hours from Purchase of Services. For all Services/plans described in Section 4 except the Per Month Plan, which is discussed below in Sub-section H, AFTER 24 HOURS FROM YOUR PURCHASE OF THE SERVICES, THERE IS NO REFUND FOR ANY REASON. You may upgrade to another plan after 24 hours from your purchase of the Services; however, a la carte pricing applies. Please contact our customer service representatives at 1-719-661-2685 for a la carte pricing rates.
D. Plans Including "Featured Home". This plan described in Sub-section E of Section 4 cycles your property listing through the ?Featured Home? section of TheLuxuryBrokers.com home index2 page at certain times. The property listing will start at the top and will be eventually ?pushed? down and out of the home index2 page. However, your property listing may be selected at random to reappear in the home index2 page for an undetermined time. YOU ARE NOT ENTITLED TO A REFUND BECAUSE YOUR PROPERTY LISTING WAS NOT DISPLAYED AS A ?FEATURED HOME? AT ANY CERTAIN TIME. THIS A FREE ADDED SERVICE. UNLESS YOU CANCEL YOUR ADVERTISEMENT WITHIN 24 HOURS OF PURCHASE, YOU WILL NOT RECEIVE ANY REFUND. THERE IS NO REFUND FOR THIS PLAN AFTER 24 HOURS.
E. Requests for Refunds, or Uploads with respect to Per Month Plans. With respect to the Per Month Plan described in Sub-section K to Section 4 above, you may cancel your Per Month Plan anytime for any reason. There is no pro-ration for canceling a Per Month Plan within a 30-day period. That is, if you cancel a Per Month Plan 24 hours after the renewal date and/or part-way through a 30-day cycle, YOU WILL NOT RECEIVE ANY PRO-RATED REFUND. To cancel you must IT IS YOUR RESPONSIBILITY TO notify The Luxury Brokers, LLC. WITH BOTH AN EMAIL AND A PHONE CALL. Email notifications must be sent to info@theluxurybrokers.com. Call-in notifications must be made in person to 1-719-661-2685. WE MUST RECEIVE BOTH AND EMAIL AND CALL NOTIFICATION TO CANCEL YOUR PLAN. IF YOU FAIL TO DO SO, YOU ARE LIABLE FOR AND MUST PAY The Luxury Brokers, LLC. ALL ASSOCIATED MONTHLY FEES.
F. Technical Problems or Computer/Browser Requirements. YOU WILL NOT RECEIVE ANY REFUND FOR TEMPORARY TECHNICAL PROBLEMS WITH THE WEB SITE (INCLUDING WITHOUT LIMITATION NOT BEING ABLE TO UPDATE YOUR ACCOUNT OR NOT BEING ABLE TO EMAIL PHOTOS) THAT REMOVE YOUR PROPERTY LISTING, CHANGE YOUR PROPERTY LISTING, OR CAUSE YOUR PROPERTY LISTING NOT TO BE DISPLAYED. YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A TEMPORARY SERVICE FAILURE. MOREOVER, YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A FAILURE TO VIEW YOUR PROPERTY LISTING THAT IS DUE TO YOUR COMPUTER?S OR YOUR BROWSER?S FAILURE TO MEET MINIMUM BROWSER AND OPERATING SYSTEM REQUIREMENTS OF TheLuxuryBrokers.com. YOU ARE ALSO NOT ENTITLED TO ANY REFUND BASED ON ANY PROBLEM DUE IN WHOLE OR IN PART TO YOUR COMPUTER OR PERIPHERAL DEVICE.
G. No Refunds Based on Modifications to the Services. THERE ARE NO REFUNDS BASED ON MODIFICATIONS TO THE SERVICES, AS The Luxury Brokers, LLC. RETAINS THE RIGHT TO MODIFY THE SERVICES WITH OR WITHOUT NOTICE TO YOU.
H. No Refunds for Services Provided through an Affiliate Publisher or Third Party. THERE ARE NO REFUNDS IF A USER GAINS ACCESS TO THE SERVICES THROUGH AN AFFILIATE PUBLISHER OR THIRD PARTY. UNDER THESE CIRCUMSTANCES, YOUR ONLY RECOURSE IS THROUGH THE AFFILIATE PUBLISHER OR THIRD PARTY.
I. Refund and Changes to Services/Plans that Include Third Party Listing Services. Because the other sites are service third-party owners, The Luxury Brokers, LLC. may be subject to additional fees and/or restrictions concerning changes requested by a Customer after they have purchased a plan with us. The Luxury Brokers, LLC. Has no control over third party sites. The Luxury Brokers, LLC. will not refund the price of a Service plan that due to any third party service changes. To included failure, cancellation, or any limitation of any kind. ONCE YOUR PROPERTY LISTING IS POSTED THERE IS NO REFUND FOR ANY REASON.
6. Free Trials. From time to time, you and/or Customers may be offered 14-day free trials of the Services. You are bound by these Terms during a free trial. THERE ARE NO REFUNDS ASSOCIATED WITH AND PRODUCTS OR SERVICES RECEIVED BY YOU DURING A FREE TRIAL. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU SHALL NOT RE-USE ANY 14-DAY FREE TRIAL CODES OR ACCESS FREE TRIALS FOR MORE THAN ONE PROPERTY LISTING. MOREOVER, YOU ALSO UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU SHALL NOT USE A FREE TRIAL MORE THAN ONCE FOR THE SAME PROPERTY. You agree that we may terminate your user access to the Services and your Customer Account and remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with this Section. If you purchase Services through the Web site, then any refund is governed solely and exclusively by Section 5 above.
7. Third-Party Services. Any dealings or communications you have through TheLuxuryBrokers.com with any party other than TheLuxuryBrokers.com are solely between you and that third party. For example, certain areas of TheLuxuryBrokers.com may allow you to conduct transactions with third parties or purchase goods or services from third parties. YOU UNDERSTAND, ACKNOWLEGE, AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL The Luxury Brokers, LLC. HAVE ANY LIABILITY RELATED TO ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD-PARTY DEALINGS OR COMMUNICATIONS OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES OR FOR ANY HARM RELATED THERETO. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials or services provided by third parties should be forwarded directly to the third party. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE WHETHER YOU HAVE PURCHASED A SERVICE THROUGH A THIRD PARTY.
8. Consent to E-mail Communications from TheLuxuryBrokers.com, Affiliates, and Third Parties. From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by TheLuxuryBrokers.com, selected advertisers, affiliates, and related companies. BY PURCHASING, USING, OR ENJOYING THE SERVICES ON TheLuxuryBrokers.com, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING E-MAIL FROM TheLuxuryBrokers.com, ITS AFFILIATES, RELATED COMPANIES, AND ADVERTISERS. SOME ADVERTISERS MAY PREFER TO CONTACT YOU DIRECTLY, AND PURCHASING, USING, OR ENJOYING THE SERVICES ON TheLuxuryBrokers.com, YOU EXPRESSLY CONSENT AND OPT-IN TO HAVING THIRD PARTY ADVERTISERS CONTACT YOU.
9. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, TheLuxuryBrokers.com, including for example communication during registration, communication on any TheLuxuryBrokers.com form, message or chat area, posting any listing or other content (including without limitation written, graphical or video content), placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (3) the content will not cause injury to any person or entity; and (4) if you post a property listing that you are the owner of the property and have all necessary rights, title, and interests in such property to list the property for sale. Using a name other than your own legal name is prohibited.
For all such information and material, you grant The Luxury Brokers, LLC. its affiliates and related a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all affiliated Web sites, to include the information in a searchable format accessible by users of TheLuxuryBrokers.com, other TheLuxuryBrokers.com Web sites, as well as third-party web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant TheLuxuryBrokers.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note TheLuxuryBrokers.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to TheLuxuryBrokers.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against TheLuxuryBrokers.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
10. Termination. You understand, acknowledge, and agree that we, in our sole discretion, may terminate your account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCOUNT, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.
11. Disclaimers and Limitation of Liability. While The Luxury Brokers, LLC. uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the Web site and assume no liability or responsibility for any error or omission in the such data or information. The Luxury Brokers, LLC. DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. The Luxury Brokers, LLC. has no responsibility for actions of third parties or for information provided or posted by others.
USE OF TheLuxuryBrokers.com IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER The Luxury Brokers, LLC. NOR ANY OF ITS SUBSIDIARIES, AFFILIATED OR RELATED COMPANIES, NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS MAKE ANY WARRANTY OF ANY KIND REGARDING TheLuxuryBrokers.com AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; THIRD-PARTY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH TheLuxuryBrokers.com; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING TheLuxuryBrokers.com OR THE SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES TheLuxuryBrokers.com WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. The Luxury Brokers, LLC. AND ITS SUBSIDIARIES, AFFILIATES, AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such application law.
TheLuxuryBrokers.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. TheLuxuryBrokers.com DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE TheLuxuryBrokers.com. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL The Luxury Brokers, LLC. OR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL The Luxury Brokers, LLC. OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IN NO EVENT SHALL The Luxury Brokers, LLC. OR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.
12. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TheLuxuryBrokers.com, Corp., ITS PARENT, SUBSIDIARIES, AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF TheLuxuryBrokers.com; (2) TheLuxuryBrokers.com?s USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.
13. Dispute Resolution. Any claim or controversy arising out of or relating to these Terms, to the goods or Services provided by us or our affiliates, or to any acts or omissions for which you may contend we are liable in connection with these Terms, including but not limited to any claim or controversy made by a Customer ("Dispute"), shall be finally, and exclusively, settled by arbitration in Colorado Springs, Colorado. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by TheLuxuryBrokers.com, Corp. from AAA?s pool of arbitrators. In any arbitration, The Luxury Brokers, LLC. will pay the filing fee, plus the costs associated with the arbitrator for the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Colorado Springs, Colorado. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. Moreover, the arbitrator must abide by all these Terms and shall not have the power to reform or alter these Terms. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THE TERMS AND THIS AGREEMENT PROVIDE THAT ALL DISPUTES BETWEEN YOU AND The Luxury Brokers, LLC. WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU GIVE UP AND WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR HAVE YOUR DISPUTE HEARD BY A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT A JUDGE OR JURY.
14. Limitations Period. YOU AGREE THAT ANY CLAIM, CONTRIOVERSY, OR DISPUTE WITH The Luxury Brokers, LLC. OR ITS SUBSIDIARIES, AFFIATES, OR RELATED COMPANIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED, OR SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED.
15. Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. Each time you access the Web site, you will be governed by the Terms then present on the Web site and in effect. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES, WITHOUT LIMITATION OR QUALIFICATION. In addition, when using particular portions of the Services, you will be governed by additional terms which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
16. Modifications to the Services. We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Web site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the ?look and feel? of the Web site, changes to the format of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Web site. IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.
17. Terms of Service and Privacy Policy. The Terms of Service and Privacy Policy for TheLuxuryBrokers.com are hereby incorporated by reference into these Terms, and your agreement to these Terms means that you also expressly agree to be bound by the Terms of Service and Privacy Policy for TheLuxuryBrokers.com. For Customers, in the event of a conflict between these Terms, on the one hand, and the Terms of Service and Privacy Policy, on the other, these Terms shall take precedence.
18. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions.
19. Miscellaneous. The Terms constitute the entire, exclusive, and final statement of the agreement between you and The Luxury Brokers, LLC. with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of The Luxury Brokers, LLC. to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to The Luxury Brokers, LLC. any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
20. Find a Pro. Local service providers (Providers) may purchase advertisement(s) in the TheLuxuryBrokers.com Find a Pro Directory. Certain plans may be granted at no cost to the Provider. TheLuxuryBrokers.com reserves the right to upgrade, cancel and/or modify the content of these advertisements at anytime. Payments for these advertisement(s) shall be made by automatic credit card debit. Pricing is subject to change at any time. The term of the plan shall be 1 year (12 months). 1-year plans are charged once a year and automatically re-billed every year to the Providers? credit card.
Providers can cancel advertisement(s) anytime. Providers must cancel WITH BOTH AN EMAIL AND A PHONE CALL. Email notifications must be sent to info@theluxurybrokers.com. Call-in notifications must be made in person to 1-719-661-2685. WE MUST RECEIVE BOTH AND EMAIL AND CALL NOTIFICATIONS AT LEAST 2 DAYS PRIOR TO RENEWAL DATE, then The Luxury Brokers, LLC. will void, reverse, or credit the charges on such purchase. Once you cancel your advertisement, no refunds or credits will be granted for unused services. Please see section 5 for Refunds.
Providers are solely responsible for the content of their advertisement(s). TheLuxuryBrokers.com reserves the right to edit said advertisement(s) at any time for any reason. TheLuxuryBrokers.com makes no representations as to the accuracy of the information contained on individual Provider?s advertisements. TheLuxuryBrokers.com makes no representations as to the quality of the services that are advertised in its Find a Pro Directory. TheLuxuryBrokers.com reserves the right to cancel and delete any advertisement(s) for any reason without notice at the completion of the term for which the Provider has paid.
21. Services Provided by Third Parties. We are not responsible or liable for any products or services obtained by or through any other party. The materials displayed on this site relating to services provided by any other party are advertisements and do not constitute an offer or promise to make a loan or provide any other service by us. There is no endorsement by us of any other party or the products and services made available by or through any other web site.
22. Use of E-mail System. By using our e-mail system to contact TheLuxuryBrokers.com Customers, you are agreeing to these Terms, including, without limitation, this Section 24. You agree to use the e-mail system only to contact Customers for purposes of asking questions related to the purchase or potential purchase by you of the home listed on TheLuxuryBrokers.com. In no event may you contact a customer of TheLuxuryBrokers.com using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind with such Customer. IF YOU VIOLATE THIS SECTION 22, YOU AGREE TO COMPENSATE TheLuxuryBrokers.com, CORP. FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $1,000 PER OCCURRENCE.
23. Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of The Luxury Brokers, LLC., in appropriate circumstances, to terminate the account of a user who is deemed to infringe third party intellectual property rights or to remove content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on TheLuxuryBrokers.com, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material you claim is infringing is located on the site (providing us with a listing number or website URL is the quickest way to help us locate content quickly);
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The Luxury Brokers, LLC.?s copyright agent can be reached as follows:
Copyright Agent, PO Box 7191, Woodland Park, CO. 1-719-661-2685 (voice), 1-719-687-4128 (fax).
Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
24. Counter-Notification for Intellectual Property Infringement. If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to The Luxury Brokers, LLC.?s designated Copyright Agent, (see Section 23 above for contact information), that includes substantially the following information (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. an electronic or physical signature of the Customer;
2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a listing number or website URL is the quickest way to help us locate content quickly);
3. your address, telephone number, and e-mail address;
4. a statement by you, under penalty of perjury, that you (the Customer) have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
5. a statement by you that you (the Customer) consent to the jurisdiction of the Federal District Court for the judicial district in which the Customer?s address is located, or if the Customer's address is outside of the United States, for any judicial district in which ForSaleByOwner.com, Corp may be found, and that the Customer will accept service of process from the person who provided notification under Section 23 above or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Customers who are repeat infringers.
25. National or State ?Do Not Call? Registries. By accessing the Web site or using the Services, you agree not to telephone any TheLuxuryBrokers.com Customer who has listed a property or is advertising a property on the Web site (or who in the past has listed or advertised a property on the Web site) when such user?s phone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for more than thirty (30) days if you are acting in any capacity as a real estate agent, real estate broker, or other real estate professional, or a commercial or non-private purchaser/seller of real estate affiliated with a company that is engaged in the real estate brokerage business or business of advertising real estate for others and (a) you do not have a pre-existing, established business relationship with such Customer prior to making a call to such Customer or (b) you do not have prior, written authorization from such Customers to make telephone calls to the Customer. TheLuxuryBrokers.com Property Listers/Advertisers and Customers: Please note that it is a violation of federal law (and many state laws) for a real estate broker/agent or other real estate professional to call you if your telephone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for more than thirty days and the caller does not have a pre-existing, established business relationship with you prior to making the call or does not have prior, written authorization from you to make the call. If you receive a call that violates these provisions, you may file a complaint online at www.donotcall.gov/Complain/ComplainCheck.aspx by providing the date you received the call and either the name or telephone number of the company or agent/broker that called you.
26 MISCELLANEOUS.
This Agreement is governed by the laws of the State of Colorado, USA. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Courts in El Paso County, Colorado, USA in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give affect to all provisions of these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Web Site Host as a result of this Agreement or use of the Web Site.
The Luxury Brokers, LLC. and the Web Site Host reserves the right to disclose any personal information about you or your use of the Web Site, including its contents, without your prior permission if the Web Site Host has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of The Luxury Brokers, LLC. and the Web Site Host or their affiliated or subsidiary companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its members or others. The Luxury Brokers, LLC. and the Web Site Host?s performance of this Agreement is subject to existing laws and legal process and nothing contained in these Terms of Use is intended to interfere with The Luxury Brokers, LLC. and the Web Site Host?s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by The Luxury Brokers, LLC. and the Web Site Host with respect to such use. If any part of these Terms of Use 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 of Use shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and the Web Site Host with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Web Site Host with respect to the Web Site.
All materials on The Luxury Brokers, LLC. web site, as well as the organization and layout of The Luxury Brokers, LLC web site, are owned and copyrighted by The Luxury Brokers, LLC, its partners, affiliates or suppliers or licensed to The Luxury Brokers, LLC, its partners, affiliates, members, or suppliers. No reproduction, modification, copy, distribution, display or transmission of the copyrighted materials on The Luxury Brokers, LLC web site is permitted without the written consent of The Luxury Brokers, LLC. any rights not expressly granted herein are reserved and may be subject to prosecution.
The Trademarks referenced on The Luxury Brokers, LLC web site TheLuxuryBrokers.com are either trademarks or registered trademarks of The Luxury Brokers, LLC.
© 2004-2007 TheLuxuryBrokers.com and/or its affiliates or suppliers. All rights reserved. No reproduction, modification, copy, distribution or transmission of the copyrighted material on this site or the site of it's members is permitted without the written consent of The Luxury Brokers? LLC.
PART TWO
Terms of Use for Realtors, Licensed Agents, Salespaeple, & Brokers
BY VISITING OR USING THIS WEB SITE (WWW.THELUXURYBROKERS.COM) AND ANY OF ITS PAGES (THE ?WEB SITE?) AND ACCESSING AND USING ANY CONTENT CONTAINED ON THE WEB SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND THE LUXURY BROKERS, LLC. AND ITS SUBSIDIARIES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE THE WEB SITE. ADDITIONAL TERMS MY GOVERN USE OF CERTAIN WEB PAGES OR WEB SITES WITHIN OR LINKED TO THIS WEB SITE.
The Web Site Host and/or its partners operate this Web Site. The Web Site Host offers you access to the Web Site in exchange for your agreement to accept and comply with the terms, conditions and notices stated herein, as may be modified by the Web Site Host or its partners from time to time (collectively ?Terms of Use?). Web Site Host reserves the right to modify in its sole discretion these Terms of Use without notification. You are responsible to for regularly reviewing these Terms of Use for changes or updates.
General Terms
Except where expressly stated otherwise, Web Site Host offers you access to the Web Site solely for your personal and non-commercial use. You hereby agree that you will not use the Web Site, in whole or in part,for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial. You hereby agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from the Web Site or any member website that may contain data, information, other material or creative works.
In addition, you agree not to ?frame? in another web page, use on another web site or transfer or sell any information, software, lists of users, databases, content or other lists or products or services provided through or obtained from the Web Site. You agree not to engage in practices of ?screen scraping?, ?database scraping?, or any other activity with the purpose of obtaining lists of users or other information. You further agree that you will not use the Web Site in any manner that could damage, disable, over burden or impair the Web Site or interfere with any other party?s use and enjoyment of the Web Site or any web site that might contain The Luxury Brokers, LLC. creative works.
You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided by the Web Site or the Web Site Host. For example, unless expressly authorized by the Web Site Host, you agree that you will not copy any artwork of any kind, access or attempt to access password protected, secure or non-public areas of the Web Site. Unauthorized individuals attempting to access prohibited areas of the Web Site may be subject to prosecution.
You agree that you will not create links from any Web Site or Web page to any Web page within the Web Site. You agree that you will not link in anyway that might give arise to an erroneous conclusion that there is an affiliation or association between the Web Site and/or the Web Site Host, on the one hand, and you or any other person or entity on the other hand. You agree that if either The Luxury Brokers, LLC. or any entity comprising the Web Site Host, in its sole discretion, requests in writing that you remove any link or links to the Web Site, you will promptly do so.
You further agree that if you will not create any link to the Web Site and that you will not employ any technology that results in the placement of content from the Web Site in a frame and/or reduced pop-up window and/or any other display mechanism which changes the Web Site from how it is intended to appear.
You agree that either The Luxury Brokers, LLC. or any entity comprising the Web Site Host may in its sole discretion and at any time terminate your access to and use of the Web Site, or any part thereof, with or without notice.
LINK TO THIRD PARTY SITES
The Web Site may contain links to third party web sites (?Linked Site? or ?Linked Sites?). The Linked Sites are not under the control of The Luxury Brokers, LLC. or the Web Site Host. The Luxury Brokers, LLC. and the Web Site Host is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Web Site Host is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by The Luxury Brokers, LLC. or the Web Site Host of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and Terms of Use posted at the Linked Site.
Any dealings with third parties (including advertisers) included within the Web Site, or participation and promotions, including the delivery of and payment for goods and services, and any other terms, conditions, warranties and/or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The Luxury Brokers, LLC. or the Web Site Host shall not be responsible or liable for any part of such dealings or promotions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE WEB SITE
LIABILITY DISCLAIMER: THE INFORMATION, CONTENT, DATA, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN ADDITION, THE LUXURY BROKERS, LLC. OR THE WEB SITE HOST CANNOT GUARANTEE THE ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, COMPLETENESS OR TIMELESS OF SUCH INFORMATION. CHANGES ARE PERIODICALLY MADE TO THE WEB SITE AND TO THE CONTENT THEREIN.
THE WEB SITE HOST AND/OR THE LUXURY BROKERS, LLC., ITS RESPECTIVE SUPPLIERS OR PARTNERS MAY MAKE IMPROVEMENTS AND/ORCHANGES IN THE WEB SITE AT ANY TIME. ANY ADVICE OR INFORMATION RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PROFESSIONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE WEB SITE HOST AND/OR IT?S RESPECTIVE SUPPLIERS AND/OR PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND/OR RELATED GRAPHICS CONTAINED WITHIN THE WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, DATA, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ?AS IS? WITHOUT WARRANTY OF ANY KIND. THE WEB SITE HOST AND/OR ITS RESPECTIVE SUPPLIERS AND/OR PARTNERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, DATA, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
YOU SPECIFICALLY AGREE THAT THE LUXURY BROKERS, LLC. AND THE WEB SITE HOST SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR CONTENT, SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE. YOU SPECIFICALLY AGREE THAT THE LUXURY BROKERS, LLC. AND THE WEB SITE HOST IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER?S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
YOU SPECIFICALLY AGREE THAT THE LUXURY BROKERS, LLC. THE WEB SITE HOST IS NOT RESPONSIBLE FOR ANY CONTENT SENT BY ANY THIRD PARTY. IN NO EVENT SHALL THE LUXURY BROKERS, LLC. AND THE WEB SITE HOST AND/OR THEIR SUPPLIERS AND/OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES OR RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF THE LUXURY BROKERS, LLC. OR THE WEB SITE HOST OR ANY OF THEIR SUPPLIERS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
INDEMNIFICATION: YOU AGREE TO INDEMNIFY AND HOLD THE LUXURY BROKERS, LLC. AND THE WEB SITE HOST AND THEIR SUPPLIERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS? FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THIS TERMS OF USE OR YOUR USE OF OR CONDUCT ON THE WEB SITE OR ANY WEB SITE HOST SOLICITED INFORMATION, AFFILIATE SOLICITED INFORMATION AND YOUR PUBLICALLY POSTED INFORMATION, IF ANY, SUBMITTED, POSTED OR OTHERWISE PROVIDED BY YOU TO THE WEB SITE.
NO PROFESSIONAL ADVICE.
The information appearing in the Web Site is intended solely as general guidance such information does not constitute legal, tax, accounting or other professional advice. Any contract including real estate contracts, closing procedures and disclosures are in part guided by state law. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
Furthermore, by using this web site, you hereby agree that you will only use the content and information contained in these web pages in the lawful and ordinary course of business as authorized by The Luxury Brokers, LLC. The downloading, reproducing, modifying, distributing, performing or displaying of multiple records in the database is strictly prohibited. In addition, framing any web pages or deep-linking to any web pages in this web site is strictly prohibited.
DISCLAIMER
The Luxury Brokers, LLC strives to make the content and information contained in these web pages accurate, timely and complete, however, The Luxury Brokers, LLC. does not in any way guarantee the accuracy, sufficiency, correctness, veracity, completeness or timeliness of the content and information in these web pages. You are responsible for confirming the sufficiency, reliability and accuracy of any content and information. SUCH CONTENT AND INFORMATION IS PROVIDED IN AN ?AS IS? AND ?AS AVAILABLE? BASIS. The Luxury Brokers, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS OR TIMELINESS OF SUCH CONTENT AND INFORMATION. The Luxury Brokers, LLC 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.
In no event shall The Luxury Brokers, LLC, its partners, affiliates, employees, officers, directors or agents and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of The Luxury Brokers, LLC web site, with the delay or inability to use The Luxury Brokers, LLC web site or any related site or services, the provision of or failure to provide services or for any content, information, software, and related materials obtained through The Luxury Brokers, LLC web site or otherwise arising out of the use of The Luxury Brokers, LLC web site, whether based on contract, tort, negligence, strict liability or otherwise, even if RSC or any of its partners, affiliates or suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of The Luxury Brokers, LLC web site or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using The Luxury Brokers, LLC web site.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Luxury Brokers, LLC, its partners, affiliates, subsidiaries, parent entities, agents and suppliers for any liability, loss, claim and expense, including reasonable attorneys? fees, related to your violation of these Terms of Use.
TERMS
These Terms of Use are governed by the laws of the State of Colorado, U.S.A. You hereby consent to exclusive jurisdiction and venue of courts sitting in Colorado, County of El Paso in all disputes arising out of or related to the use of The Luxury Brokers, LLC web site. Use of The Luxury Brokers, LLC 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 The Luxury Brokers, LLC as a result of these Terms of Use or use of The Luxury Brokers, LLC web site. The Luxury Brokers, LLC performance of these Terms of Use is subject to existing laws and legal processes and nothing contained in these Terms of Use is in derogation of The Luxury Brokers, LLC right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Luxury Brokers, LLC web site or information provided to or gathered by The Luxury Brokers, LLC with respect to such use.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law included, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by the valid, enforceable provision that most closely matches the intent of the original provisions and the remainder of these Terms of Use shall continue in effect, unless otherwise specified herein. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and The Luxury Brokers, LLC with respect to The Luxury Brokers, LLC web site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Luxury Brokers, LLC with respect to The Luxury Brokers, LLC web site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extend and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The content, information and software, published on this site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Luxury Brokers, LLC, its partners, affiliates, agents and/or its respective suppliers may make improvements and/or changes in this site at any time without notice.
MISCELLANEOUS.
This Agreement is governed by the laws of the State of Colorado, USA. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Courts in El Paso County, Colorado, USA in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give affect to all provisions of these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Web Site Host as a result of this Agreement or use of the Web Site.
The Luxury Brokers, LLC. and the Web Site Host reserves the right to disclose any personal information about you or your use of the Web Site, including its contents, without your prior permission if the Web Site Host has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of The Luxury Brokers, LLC. and the Web Site Host or their affiliated or subsidiary companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its members or others. The Luxury Brokers, LLC. and the Web Site Host?s performance of this Agreement is subject to existing laws and legal process and nothing contained in these Terms of Use is intended to interfere with The Luxury Brokers, LLC. and the Web Site Host?s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by The Luxury Brokers, LLC. and the Web Site Host with respect to such use. If any part of these Terms of Use 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 of Use shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and the Web Site Host with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Web Site Host with respect to the Web Site.
All materials on The Luxury Brokers, LLC. web site, as well as the organization and layout of The Luxury Brokers, LLC web site, are owned and copyrighted by The Luxury Brokers, LLC, its partners, affiliates or suppliers or licensed to The Luxury Brokers, LLC, its partners, affiliates, members, or suppliers. No reproduction, modification, copy, distribution, display or transmission of the copyrighted materials on The Luxury Brokers, LLC web site is permitted without the written consent of The Luxury Brokers, LLC. any rights not expressly granted herein are reserved and may be subject to prosecution.
The Trademarks referenced on The Luxury Brokers, LLC web site TheLuxuryBrokers.com are either trademarks or registered trademarks of The Luxury Brokers, LLC.
© 2004-2007 TheLuxuryBrokers.com and/or its affiliates or suppliers. All rights reserved. No reproduction, modification, copy, distribution or transmission of the copyrighted material on this site or the site of it's members is permitted without the written consent of The Luxury Brokers? LLC.