Terms of
Service
Effective October 9, 2007
1. AGREEMENT
Landmark Reality, Inc., a Florida company located at 6275 A1A South;
Suite 101, St. Augustine, Florida 32080. By accessing or using a
Landmark Reality, Inc. website, product, service or software (referred
to collectively as the "Landmark Reality, Inc. Services" in this
document and excluding any services provided to you by Landmark Reality,
Inc. under a separate written agreement), you agree to the following
terms and conditions, and any policies, guidelines or amendments thereto
that may be presented to you from time to time (collectively, the "Terms
of Service"). Additional terms and conditions may apply to your use of
specific Landmark Reality, Inc. Services ("Additional Terms"), and will
be accessible for you to read either within or through your use of that
specific Landmark Reality, Inc. Service. Such Additional Terms are
incorporated into these Terms of Service. If there is any contradiction
between the Additional Terms and the terms in this document, then the
Additional Terms shall take precedence in relation to that Landmark
Reality, Inc. Service.
Unless explicitly stated otherwise, any new features that supplement or
enhance the current Landmark Reality, Inc. Services and the release of
new Landmark Reality, Inc. services and functionality shall be subject
to these Terms of Service.
Landmark Reality, Inc. may modify the Terms of Service without notice to
you, such modifications to take effect upon posting. You are responsible
for checking the most current version of the Terms of Service and the
Landmark Reality, Inc. privacy policy.
Landmark Reality, Inc. Services may include communications from Landmark
Reality, Inc., such as announcements, administrative messages and
Landmark Reality, Inc. Services newsletters that are considered a
benefit of Landmark Reality, Inc. Services and you will not be able to
opt out of receiving them.
2. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated.
You agree that you are responsible for your own conduct and Content
while using the Landmark Reality, Inc. Services and for any consequences
thereof. You agree to use Landmark Reality, Inc. Services only for
purposes that are legal, proper and in accordance with these Terms of
Service and any applicable policies or guidelines. By way of example,
and not as a limitation, you agree that when using Landmark Reality,
Inc.’ Services, you will not:
A. defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others;
B. upload, post, email or transmit or otherwise make available any
inappropriate, defamatory, infringing, obscene or unlawful Content;
C. upload, post, email or transmit or otherwise make available any
Content that infringes any patent, trademark, copyright, trade secret or
other proprietary right of any party, unless you are the owner of such
rights or have the permission of the owner to post such Content;
D. upload, post, email or transmit or otherwise make available messages
that promote pyramid schemes, chain letters or disruptive commercial
messages or advertisements, or anything else prohibited by law, these
Terms of Service or any applicable policies or guidelines.
E. download any file posted by another that you know, or reasonably
should know, cannot be legally distributed in such manner;
F. impersonate another person or entity, or falsify or delete any author
attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material;
G. restrict or inhibit any other user from using and enjoying Landmark
Reality, Inc. Services;
H. use Landmark Reality, Inc. Services for any illegal or unauthorized
purpose;
I. remove any copyright, trademark or other proprietary rights notices
contained in or on Services;
J. interfere with or disrupt Landmark Reality, Inc.’ Services or servers
or networks connected to Landmark Reality, Inc. Services, or disobey any
requirements, procedures, policies or regulations of networks connected
to Landmark Reality, Inc. Services;
K. use any robot, spider, site search/retrieval application, or other
device to retrieve or index any portion of Landmark Reality, Inc.
Services or collect information about users for any unauthorized
purpose;
L. submit Content that falsely expresses or implies that such Content is
sponsored or endorsed by Landmark Reality, Inc.;
M. create user accounts by automated means or under false or fraudulent
pretenses;
N. promote or provide instructional information about illegal activities
or promote physical harm or injury against any group or individual; or
O. transmit any viruses, worms, defects, Trojan horses or any items of a
destructive nature.
International users agree to comply with their own local rules regarding
online conduct and acceptable content, including laws regulating the
export of data to the United States or your country of residence.
You acknowledge that Landmark Reality, Inc. may or may not pre-screen
Content, but that Landmark Reality, Inc. and its licensors and designees
shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse or move any Content that is available through
Landmark Reality, Inc. Services. Without limiting the foregoing,
Landmark Reality, Inc. and its licensors and designees shall have the
right to remove any Content that violates the Terms of Service or is
otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on
the accuracy, completeness or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by
Landmark Reality, Inc. or submitted to Landmark Reality, Inc., including
without limitation information relating to real estate listings and
information in Landmark Reality, Inc. message boards and in all other
parts of the Landmark Reality, Inc. Services.
You understand that the Service and any necessary software used in
connection with the Service embodied within Landmark Reality, Inc.
Services may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage
rules set by Landmark Reality, Inc. and/or content providers who provide
content to Landmark Reality, Inc. Services. You may not attempt to
override or circumvent any of the usage rules embedded into Landmark
Reality, Inc. Services. Any unauthorized reproduction, publication,
further distribution or public exhibition of the materials provided
through Landmark Reality, Inc. Services, in whole or in part, is
strictly prohibited.
3. LANDMARK REALITY, INC. PRIVACY POLICY
Registration Data and certain other information about you are subject to
our Privacy Policy. For more information, see our full privacy policy.
You understand that through your use of Landmark Reality, Inc. Services
you consent to the collection and use (as set forth in the Privacy
Policy) of this information, including the transfer of this information
to the United States and/or other countries for storage, processing and
use by Landmark Reality, Inc., its Clients and affiliates. Landmark
Reality, Inc. will not be responsible or liable for the exercise or
non-exercise of its rights under the Terms of Service. You understand
that the technical processing and transmission of Landmark Reality, Inc.
Services, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You acknowledge, consent and agree that Landmark Reality, Inc. may
access, preserve and disclose your account information and Content if
required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the Terms of Service; (c) respond to claims
that any Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights, property
or personal safety of Landmark Reality, Inc., its Clients, its
licensors, its affiliate, service providers, users or the public.
4. PROPRIETARY RIGHTS
Rights in Landmark Reality, Inc. Services
You acknowledge and agree that the Landmark Reality, Inc. Services
include proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in advertisements or otherwise provided
by third parties is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by Landmark Reality, Inc. or the Content provider, you agree
not to modify, rent, lease, loan, sell, distribute, or create derivative
works based on, Landmark Reality, Inc. Services or third party Content,
in whole or in part.
Landmark Reality, Inc. grants you a personal, non- transferable and
non-exclusive right and license to use the object code of software
provided to you by Landmark Reality, Inc. as part of the Landmark
Reality, Inc. Services ("Software") on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation) for
the purpose of obtaining unauthorized access to Landmark Reality, Inc.
services. You agree not to access Landmark Reality, Inc. Services by any
means other than through the interface that is provided by Landmark
Reality, Inc. for use in accessing Landmark Reality, Inc. Services. The
Living Network® and its variations, MLS Advantage logo, the Technology
Helpline and the Florida IDX logo are trademarks or service marks, and
other logos and product and service names are trademarks may not be
displayed or used in any manner. Any use of trade names, trademarks,
service marks, logos, domain names, and other distinctive brand features
must be in compliance with this Terms of Service. REALTOR® is a
federally registered collective membership mark which identifies a real
estate professional who is a Member of the NATIONAL ASSOCIATION OF
REALTORS® and subscribes to its strict Code of Ethics.
Rights in Content You Submit
Landmark Reality, Inc. claims no ownership or control over any Content
you submit, post or display on or through the Landmark Reality, Inc.
Services. You or a third party licensor, as appropriate, retain all
patent, trademark and copyright to any Content you submit, post or
display on or through this Website and you are responsible for
protecting those rights, as appropriate. By submitting, posting or
displaying Content on or through Landmark Reality, Inc. services which
are intended to be available to the general public, you grant Landmark
Reality, Inc. a worldwide, non-exclusive, royalty- free license to
reproduce, modify, adapt, publish, distribute and otherwise use, with or
without attribution, such Content on Landmark Reality, Inc. Services
solely for the purpose of displaying, distributing and promoting
Landmark Reality, Inc. Services and utilizing services of third parties
in connection with the Landmark Reality, Inc. Services. You also
authorize Landmark Reality, Inc. to sublicense your Content intended for
public display to Clients to display through their websites, and to
sublicense and distribute your Content to third party service providers
who provide you with an account to use their services in connection with
the Landmark Reality, Inc. Services. You further authorize Landmark
Reality, Inc. to use your trademarks, service marks, trade names,
proprietary logos, domain names and any other source or business
identifiers in connection with Landmark Reality, Inc.’ authorized
distribution of the Content. This license and authorization terminates
when your Content is deleted from the Landmark Reality, Inc. Services to
which you originally submitted. You represent and warrant that you hold
all necessary rights (including without limitation any copyright,
trademark, patent, publicity or other rights) in the Content you submit.
Rights in Content Submitted by Multiple Listing Services
Content provided by a multiple listing service ("MLS Content") is
proprietary information of such MLS and/or its associates, suppliers or
licensors, under copyright. Development of the MLS Content has involved
the expenditure of substantial time and money by the MLS and/or its
associates, suppliers or licensors. Except for the rights granted to you
herein, you agree and understand that each MLS and/or its associates,
suppliers or licensors are and shall remain the exclusive owners of all
rights, title, and interest in the MLS Content and all copyrights and
renewals thereof, whether secured now or in the future. Except for the
rights granted you herein, all publication, dissemination and other
rights in and to MLS Content are reserved for such MLS and/or its
associates, suppliers or licensors in all languages, formats and media
throughout the world for the sole and exclusive use or any other
disposition by such MLS and/or its associates, suppliers or licensors,
their respective assignees or grantees at any time and from time to time
without obligation or liability to you. You acknowledge that neither
Landmark Reality, Inc. nor the providing MLS attempts to independently
verify the currency, completeness, accuracy or authenticity of MLS
Content. MLS Content reported to and by MLS to Landmark Reality, Inc.
for use in connection with the Landmark Reality, Inc. Services may be
subject to transcription and transmission errors. MLS PROVIDES THE
LICENSED CONTENT TO Landmark Reality, Inc., AND Landmark Reality, Inc.
IN TURN PROVIDES THE LICENSED CONTENT TO YOU, ON AN "AS IS" "AS
AVAILABLE" BASIS. You agree to use and rely on the MLS Content through
the Landmark Reality, Inc. Services at your own risk.
5. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Landmark Reality, Inc. respects the intellectual property of others, and
we ask our users to do the same. Landmark Reality, Inc. may, in
appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. If you
believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide Landmark Reality, Inc.’ Copyright
Agent the following information:
A. an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
B. a description of the copyrighted work or other intellectual property
that you claim has been infringed;
C. a description of where the material that you claim is infringing is
located on the site;
D. your address, telephone number, and email address;
E. 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;
F. 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.
Landmark Reality, Inc.’ Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail:
Copyright Agent,
c/o Landmark Reality, Inc.,
6275 A1A South; Suite 101
St. Augustine, Florida
32080
Phone: (904) 471-6600
E-mail: realestate@st-augustine-condo.com
6. NO RESALE
You agree not to reproduce, duplicate, copy, sell, trade or resell any
portion of the Landmark Reality, Inc. Services, use of Landmark Reality,
Inc. Services or access to Landmark Reality, Inc. Services.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Landmark Reality, Inc. may establish general
practices and limits concerning use of Landmark Reality, Inc. Services,
including without limitation the maximum number property listings that
can be displayed at any one time; the maximum number of days that email
messages, message board postings or other uploaded Content will be
retained by Landmark Reality, Inc. Services; the maximum number of days
that reports will be available; the maximum number of email messages
that may be sent from an account on the Landmark Reality, Inc. Services;
the maximum size of any email message that may be sent from an account
on the Landmark Reality, Inc. Services; the maximum disk space that will
be allotted on Landmark Reality, Inc.’ servers on your behalf; and the
maximum number of times (and the maximum duration for which) you may
access the Landmark Reality, Inc. Services in a given period of time.
You agree that Landmark Reality, Inc. has no responsibility or liability
for the deletion or failure to store any Content or other communications
maintained or transmitted by or through Landmark Reality, Inc. Services.
You acknowledge that Landmark Reality, Inc. has set no fixed upper limit
on the number of transmissions you may send or receive through Landmark
Reality, Inc. Services or the amount of storage space used; however,
Landmark Reality, Inc. retains the right, at its sole discretion, to
create limits at any time with or without notice. You acknowledge that
Landmark Reality, Inc. reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
Landmark Reality, Inc. reserves the right to modify these general
practices and limits from time to time.
8. MODIFICATIONS TO LANDMARK REALITY, INC. SERVICES
Landmark Reality, Inc. reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Landmark
Reality, Inc. Services (or any part thereof) with or without notice. You
agree that Landmark Reality, Inc. shall not be liable to you or to any
third party for any modification, suspension or discontinuance of all or
any portion of Landmark Reality, Inc. Services.
9. ADVERTISEMENTS
Landmark Reality, Inc. Services may be supported by advertising revenue
and may display advertisements and promotions on or in connection with
Landmark Reality, Inc. Services. The manner, mode and extent of
advertising by Landmark Reality, Inc. on Landmark Reality, Inc. Services
are subject to change. You agree that Landmark Reality, Inc. shall not
be responsible or liable for any loss or damage of any sort incurred by
you as a result of any such dealings or as the result of the presence of
such advertisers on or in connection with Landmark Reality, Inc.
Services.
10. LINKS AND THIRD PARTY SERVICES
Landmark Reality, Inc. or third parties may provide links and/or Single
Sign-on access to other World Wide Web sites or resources. Because
Landmark Reality, Inc. has no control over such sites and resources, you
acknowledge and agree that Landmark Reality, Inc. is not responsible for
the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or
resources. You further acknowledge and agree that Landmark Reality, Inc.
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on
or through any such site or resource.
11. INDEMNITY
You agree to hold harmless and indemnify Landmark Reality, Inc., and its
subsidiaries, affiliates, officers, managers, agents and employees,
Clients, advertisers and service partners, from and against any third
party claim arising from or in any way related to your use of Landmark
Reality, Inc. Services, violation of these Terms of Service or any other
actions connected with use of Landmark Reality, Inc. Services, including
any liability or expense arising from all claims, losses, damages
(actual and consequential), suits, judgments, litigation costs and
attorneys' fees at all levels, of every kind and nature. In such a case,
Landmark Reality, Inc. will provide you with written notice of such
claim, suit or action.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. LANDMARK REALITY, INC.
SERVICES AND CONTENT PROVIDED THROUGH LANDMARK REALITY, INC. SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LANDMARK REALITY,
INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. LANDMARK REALITY, INC. MAKES NO WARRANTY THAT (I) LANDMARK REALITY,
INC. SERVICES WILL MEET YOUR REQUIREMENTS, (II) LANDMARK REALITY, INC.
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF LANDMARK REALITY, INC.
SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH LANDMARK REALITY, INC. SERVICES WILL MEET YOUR EXPECTATIONS, AND
(V) ANY SOFTWARE ERRORS WILL BE CORRECTED.
C. ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF LANDMARK REALITY, INC. SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH CONTENT OR SOFTWARE. YOU ACKNOWLEDGE THAT NEITHER LANDMARK REALITY,
INC. NOR ITS SUPPLIERS, LICENSORS, CLIENTS OR AFFILIATED PARTIES ATTEMPT
TO INDEPENDENTLY VERIFY THE CURRENCY, COMPLETENESS, ACCURACY OR
AUTHENTICITY OF THE CONTENT APPEARING ON THE WEBSITE OR OTHERWISE IN
CONNECTION WITH THE SERVICE. CONTENT MAY BE SUBJECT TO TRANSCRIPTION AND
TRANSMISSION ERRORS. ACCORDINGLY, THE CONTENT IS PROVIDED TO YOU ON AN
"AS IS" "AS AVAILABLE" BASIS. YOU AGREE TO USE AND RELY ON THE CONTENT
PROVIDED THROUGH THIS SERVICE AT YOUR OWN RISK.
D. YOU AGREE THAT NEITHER LANDMARK REALITY, INC. NOR ITS SUPPLIERS,
CLIENTS, LICENSORS OR SERVICE PARTNERS ARE RESPONSIBLE FOR IDENTIFYING
AND DELETING PERSONALLY IDENTIFIABLE INFORMATION IN THE CONTENT OR
SERVICE UNLESS AND UNTIL LANDMARK REALITY, INC. RECEIVES NOTICE TO
DELETE SPECIFIC PERSONALLY IDENTIFIABLE INFORMATION REGARDING A
PARTICULAR PERSON. THE PARTIES FURTHER RECOGNIZE THAT INABILITY TO
MAINTAIN PERSONALLY IDENTIFIABLE INFORMATION ABOUT A PERSON MAY RESULT
IN A REDUCTION OR TERMINATION OF LANDMARK REALITY, INC. SERVICES TO THAT
PARTICULAR PERSON.
E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM LANDMARK REALITY, INC. OR THROUGH OR IN CONNECTION WITH LANDMARK
REALITY, INC. SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TERMS OF SERVICE.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LANDMARK REALITY, INC. SHALL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE
LOSSES (EVEN IF LANDMARK REALITY, INC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR THE
INABILITY TO USE LANDMARK REALITY, INC. SERVICES; (II) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
CONTENT, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON LANDMARK REALITY, INC.
SERVICES; (V) CONTENT PROVIDED BY A THIRD PARTY RELATING TO YOUR CONTENT
OR (VI) ANY OTHER MATTER RELATING TO LANDMARK REALITY, INC. SERVICES.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND
20 MAY NOT APPLY TO YOU.
15. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms of
Service, there shall be no third party beneficiaries to the Terms of
Service.
16. NOTICE
You agree that Landmark Reality, Inc. may provide you with notices,
including those regarding changes to the Terms of Service, by email,
regular mail or postings on Landmark Reality, Inc. Services websites.
17. DISPUTES BETWEEN USERS OF LANDMARK REALITY, INC. SERVICES
If you have a dispute with one or more users of Landmark Reality, Inc.
Services, you release Landmark Reality, Inc. (and its officers,
directors, agents, subsidiaries, Clients, service providers and
employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, arising out of or in any
way connected with such disputes. If you are a California resident, you
waive California Civil Code §1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor."
18. GENERAL INFORMATION
Entire Agreement: The Terms of Service constitute the entire agreement
between you and Landmark Reality, Inc. and govern your use of Landmark
Reality, Inc. Services, superseding any prior agreements between you and
Landmark Reality, Inc. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other
Landmark Reality, Inc. services, affiliate services, third-party content
or third- party software.
Choice of Law and Forum: The Terms of Service and the relationship
between you and Landmark Reality, Inc. shall be governed by the laws of
the State of Florida without regard to its conflict of law provisions.
You and Landmark Reality, Inc. agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of
Orange, Florida.
Waiver and Severability of Terms: Landmark Reality, Inc.’ failure to
exercise or enforce any right or provision of the Terms of Service shall
not constitute a waiver of such right or provision. If any provision of
the Terms of Service is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms of Service remain in full force
and effect.
Statute of Limitations: You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related
to use of Landmark Reality, Inc. services or the Terms of Service must
be filed within one (1) year after such claim or cause of action arose
or be forever barred.
Section Headings: The section headings in the Terms of Service are for
convenience only and have no legal or contractual effect.
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