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Terms of Use: TERMS OF USE BuyerBeWhere.com Marketing, LLC BuyerBeWhere.com Marketing, LLC (“BuyerBeWhere,” “us” or “we”) offers services to you, the "User" (licensed agent or broker “Contract Agent”, licensed agent or broker “Referral Agent”, licensed agent or broker “Selected Agent” and “Buyer”), conditioned on your agreement to adhere to the following Terms of Use (“Agreement”) without modification of any kind. Your registration with BuyerBeWhere and/or use of our services constitutes your agreement to these Terms of Use. These Terms of Use are subject to change at any time, without prior notice. BuyerBeWhere reserves the right to amend these Terms of Use at any time and without notice. It is your responsibility to occasionally review these Terms of Use for any changes. Your use of the BuyerBeWhere Website following any amendment of these Terms of Use will signify your assent to, and acceptance of, its revised terms. BuyerBeWhere provides marketing services, namely providing a Website at which Buyers can link to features, advertisements, marketing materials and real estate agents and brokers who specialize in representing real estate buyers. The Website provides informational web pages designed to generate requests from prospective buyers to be contacted by specified real estate agents or brokers who the Buyers select on-line. Its purpose is to allow licensed real estate agents and brokers to market their services to prospective buyers of real estate. Buyers agree to supply us with information about themselves. BuyerBeWhere will provide this information to one or more third parties who are licensed real estate agents or brokers (“Contract Agent(s)”) that have contractually engaged us (and who may or may not be affiliated with us) to provide this marketing service for them. Buyers agree to have all information he/she has supplied to us forwarded to one or more Contract Agents and that such Contract Agents may, in turn, forward the information to one or more other licensed real estate agents or brokers (“Selected Agent(s)”) situated in or near the requested Locale indicated by the Buyer in it’s submission for which referral the Contract Agent may receive a referral fee as mutually agreed between the Contract Agent and the Selected Agent. The Buyer may then be contacted directly by one or more Selected Agents in response to the submission made by Buyer on BuyerBeWhere’s Website. The Buyer may also be contacted directly by a Contract Agent, in the Contract Agent’s sole discretion, so long as said Contract Agent is featured as an Accredited Buyer Representative or Accredited Buyer Representative Manager agent or broker (“Referral Agent”) on the BuyerBeWhere Website, is selected by Buyer, and accepts their own, or other, Contract Agent’s referral via BuyerBeWhere’s e-mail referral acceptance process. As BuyerBeWhere uses e-mail on almost an exclusive basis to provide BuyerBeWhere services, all BuyerBeWhere Users must consent to receive e-mail from BuyerBeWhere to register for BuyerBeWhere services. BuyerBeWhere Users will also be required to consent to receive e-mails from third parties (for example, a Contract Agent, Selected Agent, Referral Agent or Buyer). To assure the value of BuyerBeWhere's services, Users represent and warrant that all the information provided to BuyerBeWhere, whether on-line or otherwise, is accurate and complete. BuyerBeWhere reserves its right to terminate or suspend access to any User whose information is alleged to be inaccurate or misleading. If required by the terms of the BuyerBeWhere service requested by User, User authorizes BuyerBeWhere to forward information to its network of real estate agents and brokers according to the terms of the BuyerBeWhere Service. BuyerBeWhere provides marketing services for real estate agents and brokers. BuyerBeWhere does not engage in real estate brokerage services or referrals. Real estate brokerage and referral activities are performed by real estate agents and brokers that have been marketed by BuyerBeWhere. The terms of any agreement between a real estate agent or broker and BuyerBeWhere are not endorsed, recommended or otherwise known to or by BuyerBeWhere. BUYERBEWHERE, ITS OFFICERS AND DIRECTORS, ARE NOT RESPONSIBLE FOR, AND DO NOT GUARANTY, THE SERVICES PROVIDED BY ANY REAL ESTATE AGENT OR BROKER WHO MAY CONTACT BUYER IN RESPONSE TO BUYER’S SUBMISSION. Buyer is free to accept or reject the services of any real estate agent or broker who contacts Buyer in response to Buyer’s submission under the Website and to enter, or not enter, into such agreement on such terms of compensation as Buyer agrees in Buyer’s sole discretion. For its services, BuyerBeWhere may receive payment from one or more Contract Agents to whom the Buyer’s submitted information is provided. Payment may include, but is not limited to, a marketing or advertising fee. BuyerBeWhere's payment is due based on an agreement between BuyerBeWhere and the Contract Agent involved. User’s registration with BuyerBeWhere, and use of BuyerBeWhere services, constitutes your acknowledgment of, and waiver of, objections to this compensation arrangement between BuyerBeWhere and the Contract Agent. USE OF THIRD PARTY SERVICES BuyerBeWhere services are provided in order to allow real estate agents and brokers to obtain leads on, and make contact with, potential real estate buyers who have indicated a wish to be contacted. Buyers must provide information requested by BuyerBeWhere relevant to the real estate transaction. This information is forwarded to one or more affiliated real estate agents or brokers that have contracted with BuyerBeWhere to receive such information. So long as Contract Agent is selected by Buyer via BuyerBeWhere’s Referral Agent selection and acceptance process, such Contract Agent, and thus Selected Agent, may contact the Buyer for possible engagement as a buyer’s agent, although, Contract Agent must refer the lead to all other Selected Agents selected by Buyer in the Locale indicated by the Buyer. All such real estate agents or brokers are independent third parties to, and are not agents or brokers of, BuyerBeWhere. BuyerBeWhere makes no representation or warranty as to the quality or a qualification of any real estate agent or broker selected by Buyer and requires that all Buyers independently investigate the qualifications of each real estate agent or broker prior to entering into any agreement. It is recommended that Buyers verify an agent‘s or broker’s years of experience with real estate transactions, the number of homes sold within relevant Locale and other details about their knowledge of the Locale, and commission rate and other service fees. To use this service, Buyer must consent to receive e-mails from BuyerBeWhere and from real estate agents or brokers to whom Buyer’s contact information is indirectly provided by BuyerBeWhere. BuyerBeWhere is not a party to, and has no knowledge of, specific terms, of any agreement, between the real estate agent or broker and the Buyer. BY USING AND MAKING ANY SUBMISSION UNDER THIS WEBSITE, USERS ACKNOWLEDGE AND AGREE (I) THAT BUYERBEWHERE OFFERS ONLY A MARKETING SERVICE ON BEHALF OF REAL ESTATE AGENTS AND BROKERS WHO ARE NOT EMPLOYED BY BUYERBEWHERE, AND (II) THAT BUYERBEWHERE IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS CREATED OR PERFORMED BY THESE THIRD PARTIES. BuyerBeWhere's Website may contain informational materials, advertisements and/or links to web sites maintained by third parties. Such materials are provided for Users convenience and reference only. BuyerBeWhere does not operate or control, in any respect, any information, software, products or services contained in any such informational materials or advertisements available on the linked-to web sites. BuyerBeWhere's inclusion of informational materials, advertisements or links to web sites does not imply any endorsement of the services or the sites, its content, or it’s sponsoring organization. Users understand that when using the BuyerBeWhere Website, they may be exposed to submissions from a variety of sources, and that BuyerBeWhere is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User submissions. Users further understand and acknowledge that they may be exposed to submissions that are inaccurate and they agree to waive, and hereby do waive, any legal or equitable rights or remedies they have, or may have, against BuyerBeWhere with respect thereto and agree to hold BuyerBeWhere, its officers and directors, harmless to the fullest extent allowed by law regarding all matters related to use of the Website. MODIFICATION OF BUYERBEWHERE’S SERVICES BuyerBeWhere reserves the right to modify or discontinue any service, or a portion, or attribute thereof, or the offering of any information, good, content, product or service, with or without notice, to any User. Users continued use of the service after the posting of any amended Terms of Use shall constitute an agreement to be bound by any such changes. BuyerBeWhere shall not be liable to any User, or any third party, should BuyerBeWhere exercise its right to modify or discontinue service. OBLIGATIONS OF REAL ESTATE BUYERS REGISTERED WITH BUYERBEWHERE By completing your registration with BuyerBeWhere as a potential real estate buyer you represent and warrant that: a. You are of at least 18 years of age and are otherwise capable of forming a legally binding contract; b. You are interested in purchasing real estate; c. You are interested in purchasing real estate located in the USA; d. You do not have an exclusive contractual, or other arrangement, with any real estate agent or broker; e. You agree to be contacted via e-mail, or other means, by BuyerBeWhere, and third parties if relevant, regarding BuyerBeWhere or said third party services; f. BuyerBeWhere may request, receive, copy and review your real property transaction and/or settlement documents; g. You are not licensed as a real estate agent or broker; h. You acknowledge that BuyerBeWhere recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify real estate agent or broker license status and background as BuyerBeWhere.com Marketing, LLC makes no such representations and or warranties about any real estate agents and brokers that may use the BuyerBeWhere service. i. As a real estate buyer, you are not bound to accept any of the proposals submitted. Proposals are not binding offers and are not intended to create a contractual or agency relationship between you and a real estate agent or broker. Any endorsements posted by a real estate agent or broker through the BuyerBeWhere Website are the sole responsibility of the real estate agent and broker. BuyerBeWhere disclaims any liability arising from, and the accuracy of, any endorsements posted by real estate agents and brokers. It is your responsibility to evaluate the nature of any endorsement posted by any real estate agent and broker and to be aware that endorsements might not reflect the actual quality of service that you may receive from a real estate agent or broker. TERMINATION BuyerBeWhere reserves the right to cancel the registration of any User, in any BuyerBeWhere service, at any time and for any reason, including a User's breach of these Terms of Use, or the terms and conditions of any service for which the User may have registered. A User may cancel registration at any time, and for any reason, by delivering an electronic notice to the User Relations Department of BuyerBeWhere.com Marketing, LLC at buyerbewhere.urd@gmail.com. COPYRIGHT AND TRADE MARK NOTICES The content on the BuyerBeWhere Website, except Third Party Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, and interactive features (“Content”), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to BuyerBeWhere.com Marketing, LLC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website, except Third Party Content, is Copyright XXXXXXXXXXX 2007 BuyerBeWhere.com Marketing, LLC and is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BuyerBeWhere reserves all rights not expressly granted in and to the Website and its Content. You agree to not engage in the use, copying or distribution of any of the Content other than expressly permitted herein, including any use, copying or distribution of Third Party Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree to not circumvent, disable or otherwise interfere with security related features of the BuyerBeWhere Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BuyerBeWhere Website or the Content contained therein. BuyerBeWhere, or Users, may provide content of third parties and/or links to web sites of third parties and as a service to those interested in such links and content. BuyerBeWhere may post third party content, or allow Users to post their third party content, to the Website (such content is collectively referred to as “Third Party Content”). ABILITY TO ACCEPT TERMS OF USE You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the BuyerBeWhere web site is not intended for children under 13. If you are under 13 years of age, then please do not use the BuyerBeWhere Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. DISCLAIMERS AND LIMITATIONS BuyerBeWhere intends that the information contained in its Website is accurate and reliable; however, errors sometime occur. In addition, BuyerBeWhere may make changes and improvements to the information provided herein at any time. THE WEBSITE, AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT, ARE PROVIDED "AS IS." BUYERBEWHERE AND/OR IT’S SUPPLIERS OR REAL ESTATE AGENTS AND BROKERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF BUYERBEWHERE'S SERVICES IS AT YOUR OWN RISK. BUYERBEWHERE AND/OR IT’S SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF BUYERBEWHERE'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BUYERBEWHERE AND/OR IT’S SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. INDEMNITY As a condition of use of this Website, Users agree to indemnify BuyerBeWhere and its suppliers and distributors, against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from use of BuyerBeWhere's services, including, without limitation, any claims alleging facts that, if true, would constitute a breach by you of this Agreement. ERRORS AND DELAYS BuyerBeWhere is not responsible for any errors or delays in responding to a qualification form, or referral form, caused by an incorrect e-mail address provided by User, or other technical problems beyond our reasonable control. DISPUTE RESOLUTION Any claim or controversy arising out of, or relating to, the Website, the content of the Website, any User’s registration or use of the Website, the use of any information input by any User on the Website, or any referral made to or received by any User of the Website, the use of BuyerBeWhere's services, the goods or services provided by BuyerBeWhere, or to any acts or omissions for which User may contend BuyerBeWhere is liable, including but not limited to, any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Seattle, Washington, USA. 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, the consumer shall select an arbitrator from a panel of arbitrators acceptable to BuyerBeWhere. In any arbitration, the costs of arbitration will paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrators 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. 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. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN USER AND BUYERBEWHERE WILL BE RESOLVED BY BINDING ARBITRATION. USERS THUS GIVE UP THE RIGHT TO GO TO COURT TO ASSERT OR DEFEND THEIR RIGHTS. USERS ALSO GIVE UP THE RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. USERS RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. ATTORNEY’S FEES In the event of a legal proceeding between the parties concerning their respective rights or obligations pertaining to the Website, the consent of the Website, any User’s registration or use of the Website, the use of any information input by any User on the Website, or any referral made to or received by any User of the Website, the substantially prevailing party (as determined in the proceeding) shall be entitled to recover from the non-prevailing party its reasonable costs and attorney’s fees including, without limitation, reasonable attorney’s fees and costs incurred in any bankruptcy or appellate proceeding. OTHER TERMS Users agree that: (i) the BuyerBeWhere Website shall be deemed solely based in Washington State; and (ii) the BuyerBeWhere Website shall be deemed a passive web site that does not give rise to personal jurisdiction over BuyerBeWhere, either specific or general, in jurisdictions other than Washington State. These Terms of Use shall be subject to and construed in accordance with the laws of the State of Washington, USA, excluding its conflict of laws principles. If any part of these Terms of Use are 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 the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. USER AND BUYERBEWHERE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, THE BUYERBEWHERE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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