This Terms of Use (these "Terms") governs the relationship between you and Landmark Realty ("Landmark," "us," "our," or "we") in respect of your use of our website and the services provided therein ("Services"). We may change these Terms at any time and for any reason.
By accessing the Services and our website, you agree to these Terms. If you do not agree to these Terms, please cease using our website. We reserve absolute right to terminate these Terms, the Services, or generally cease offering or deny access to the Services or any portion thereof to you, at any time and for any reason.
Subject to your compliance with all of these Terms, we grant you a non-transferable, non-sublicensable, non-exclusive, revocable, limited license (i.e., permission) to use the Services. We reserve all other rights, which are not granted in these Terms.
You must be 18 years of age to use the Services.
Except as permitted by law, you will not (a) copy the Services, (b) rent, lease, sub-license (i.e., grant anyone else the permission to use the Services), loan, translate, merge, adapt, republish, post, display, distribute, vary or modify the Services (or any part of them), (c) nor attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services, (d) remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices, (e) provide, sell, or otherwise make available the Services in whole or in part in any form to any person without our prior written consent from us; (f) add or install malicious code, including viruses, or harmful data to the website; (g) damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (h) collect, scrap, harvest any information or data from the Services or our systems, (i) via use of a robot, spider, or other automated device, to monitor our Services or any information provided by the Services; or (j) send unsolicited or unauthorized advertising or promotional material.
As a seller, by using our Services, you authorize us to publish certain information on the Site regarding your real property for the purpose of attracting buyers and otherwise performing our Services.
You are solely responsible for keeping your password and any other authentication information confidential, and agree to be responsible for all activities that occur under your Account or password. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of the Services.
We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
Whenever you make use of a feature that allows you to upload or submit any content such as any text, photos, or other content via the Services (“User Content”), or to share any User Content with other users of the Services, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third-party, (c) will comply with applicable laws and regulations, including any rules of a listing agency, (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, (j) is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, and (k) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. Although we may not actively monitor User Content, we have the right (but are under no obligation) to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate.
By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites and feeds), and including after your termination of the Service. For the avoidance of doubt, you agree that you are not entitled to any compensation or reimbursement of any kind from us in connection with the User Content under any circumstances. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
The Services may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Landmark Realty, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Landmark Realty. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We do not guarantee that any content you access on or through the Service is or will continue to be accurate.
In regards to any communications from you to us regarding the Sites or Services (“User Communication”), you acknowledge and agree that: (i) such User Communication will be considered non-confidential and non-proprietary; (ii) we have the right to use, copy, distribute, adapt, and disclose it via our website or otherwise to third-parties for any purpose in any way, including without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such User Communication, and the right to transfer or sublicense such rights, all without payment or compensation to you; and (iii) you will not receive any compensation or reimbursement from us for the foregoing use of the User Communications.
By agreeing to these Terms, using the Services, or reaching out to us, you also agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include responses to your inquiries or marketing materials. Message and data rates may apply.
As a material term of this agreement, if you stop using the mobile telephone number that has been used to communicate with you, you will notify Landmark Realty in writing. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED. This duty and agreement shall survive any cancellation or termination of this agreement.
These Terms also incorporate the terms of the privacy policy (as updated from time-to-time), which is available on our website (the “Privacy Policy”). By agreeing to these Terms, you are also agreeing to the Privacy Policy.
You acknowledge that all intellectual property rights in the Services, whether registered or unregistered, including but not limited to rights in the “Landmark Realty” name, graphics, logos, “look and feel,” trade dress, sequence, structure, organization, code, and all content in the Services and compilation thereof, anywhere in the world, belong to us or our licensors, or are used by us under authorized law, and such use are protected by United States and foreign intellectual property laws. Any use of our intellectual property beyond the scope of this license is prohibited.
Except as specifically authorized by us, you will not use or disclose any confidential or proprietary information relating to our business, operations and properties (collectively, “Confidential Information”), disclosed to you by Landmark Realty. You shall not disclose or permit disclosure of any such Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of Confidential Information.
The Services may contain links (Third-Party Services”). We have no control over Third-party Services and are not responsible for their contents and/or availability. Your use of Third-Party Services is at your own risk.
These links are provided for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content or other material contained in Third-Party Services.
You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs), arising out of or in connection with: (a) your use of the Services; (b) any content you submit to the Services; (c) your breach or violation of any of these Terms; or (d) your violation of third party rights, including intellectual property and privacy rights. We reserve the exclusive and absolute right to control the defense of any such matter, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with reasonable cooperation.
ALL CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. AS SUCH, THERE IS NO WARRANTY OR GUARANTEE THAT ANY SUCH SERVICES WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE, UP-TO-DATE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. To the extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Services, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third parties with respect to the Services and all information and content included on the Services.
Listings and information about properties on the Sites may be updated, withdrawn, modified, sold or rented at any time without notice. Information about the properties, including dimensions, area, or any other information, may not be accurate. You should independently verify any information that may be important to your decision before acting on it. We accept no liability for any such inaccuracies or your reliance on the same.
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES (INCLUDING PRODUCTS AND CONTENT) OR YOUR INABILITY TO ACCESS OR USE THE SERVICES ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICES OR THESE TERMS, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF LANDMARK REALTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU RELY ON ANY INFORMATION AVAILABLE THROUGH THE SERVICES, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SUCH INFORMATION FROM THE SERVICES. YOUR EXCLUSIVE AND SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES INCLUDING, WITHOUT LIMITATION, CONTENT ON THE SERVICES, IS TO STOP USING THE SERVICES.
You agree that any claim or cause of action by you against us arising under these Terms or the performance or non-performance of the Services must be brought to us within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS HEREIN DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. IF THE APPLICABLE LAW DO NOT ALLOW THE LIMITATION OF LIABILITY AS PROVIDED HEREIN, LANDMARK REALTY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON LANDMARK REALTY'S CHOICE OF LAW PROVISION SET FORTH BELOW.
If you have any complaints or objections to material posted on the website, you may submit a complaint to remove the content at the address below:
Landmark Realty Group
Attn: DMCA Notice
1426 S Jones Blvd, Las Vegas, NV, 89148
Email: landmarkrealtyllc@gmail.com
Please refer to 17 U.S.C. § 512 regarding the required information and content of the notice. Please note that any misrepresentation of material fact in a written notification subjects the complaining party to damages, including fees and costs.
Please only send DMCA notices. Other types of communications or complaints of intellectual property infringement may not be accepted.
We may terminate these Terms and/or your permission to use the Services immediately, without prior notice or liability. Upon termination, all rights granted to you under these Terms will cease immediately and you agree to immediately cease using the Services. However, any obligations set forth in the Terms from you to us, including indemnification, warranties, and limitations of liability, will survive any termination or expiration of these Terms.
Binding Arbitration. As between you and Landmark Realty, any controversy, allegation, or claim that arises out of or relates to the Services, whether heretofore or hereafter arising (collectively, a "Dispute"), except those provided below, shall be finally resolved by arbitration.
Arbitration Procedures. You and Landmark Realty agree that, except as provided below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. The fee associated with same will be paid by the party initiating the Claim. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section and the JAMS Rules, the terms in this Section will control and prevail.
Except as otherwise set forth in below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Landmark Realty will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by the court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Landmark Realty may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
Location. The arbitration will take place in Clark County, Nevada unless the parties to another location.
No Class Action. YOU AND LANDMARK REALTY AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
Exceptions to Arbitration. The following Claim is not subject to arbitration: any Claim related to, or arising from, allegations of theft, piracy, or unauthorized use of Landmark Realty's confidential or intellectual property for which Landmark Realty will need to file a lawsuit to seek equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
You and Landmark Realty agree that if any portion of these Terms is found illegal or unenforceable, that portion shall be severed and the remainder of the Terms shall be given full force and effect.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns. You may not assign these Terms to any other party without our prior written consent, which we may deny at our sole discretion. Any purported assignment without such consent shall be null and void. We may assign these Terms to any party without notice thereof to you.
Any failure to insist or delay enforcement of any terms in these Terms do not operate to waive any of our rights against you and will not mean that you do not have to comply with those obligations.
Other than as expressly set out in these Terms, no third party is intended to have any right or ability to enforce any of the provisions of these Terms.
These Terms are governed by Nevada law, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is excluded and not applicable.
Except for arbitration, a state or Federal court in Clark County, Nevada will have exclusive jurisdiction of all Disputes arising out of or related to these Terms. You agree to submit to the personal jurisdiction and venue of these courts if necessary. Notwithstanding, Landmark Realty shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.