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Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE
TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT
TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT
ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB
SITE.
Virtual Real Estate Shop ("Virtual
Real Estate Shop") provides REALTORS with (i) a variety of tools
and resources to create marketing materials, collect feedback on
showings, collect email addresses and to create, launch, and
manage their real estate needs using a variety of tools and
resources and a variety of related offerings. The Virtual Real
Estates Shop website, and any related offerings are referred to in
these Terms and Conditions of Use as the "Products"). Virtual Real
Estate Shop’s Products may not be used for the sending of
unsolicited email (sometimes called "spam").
MEMBERSHIP AGREEMENT
Copyright and Trademark Information
Copyright © 2009 Virtual Real Estate Shop All Rights Reserved.
This web site, and the information
which it contains, is the property of Virtual Real Estate Shop and
its affiliates and licensors, and is protected from unauthorized
copying and dissemination by United States copyright law,
trademark law, international conventions and other intellectual
property laws. By way of example only, and not as a limitation,
"Virtual Real Estate Shop" and the Virtual Real Estate Shop logo
are registered trademarks of Virtual Real Estate Shop under the
applicable laws of the United States and/or other countries. Other
Virtual Real Estate Shop product or service names or logos
appearing in this Site are either trademarks or registered
trademarks of Virtual Real Estate Shop and/or its affiliates. The
absence of a product or service name or logo from this list does
not constitute a waiver of Virtual Real Estate Shop’s trademark or
other intellectual property rights concerning that name or logo.
This Membership Agreement governs
your membership in the Virtual Real Estate Shop.com community,
allowing you full access to the membership portions of the web
site located at (the "Site"). This Membership Agreement is in
addition to the Terms of Use applicable to the Site. The Site is
operated by Virtual Real Estate Shop ("Virtual Real Estate Shop").
Access and use of the membership
portions of the Site are provided by Virtual Real Estate Shop to
you on condition that you accept the terms and conditions of this
Membership Agreement and the Terms of Use, and by accessing or
using the membership portions of the Site, you agree to the terms
and conditions of this Membership Agreement and the Terms of Use.
If you do not agree to accept and abide by this Membership
Agreement and the Terms of Use, you should not access or use the
membership portions of the Site. In the event of any inconsistency
between this Membership Agreement and the Terms of Use, the terms
of this Membership Agreement shall govern.
Virtual Real Estate Shop reserves
the right, in its discretion, to change or modify all or any part
of this Membership Agreement at any time, effective immediately
upon notice published on the Site. Your continued use of the
membership portions of the Site after such notice constitutes your
binding acceptance of the terms and conditions in this Membership
Agreement, including any changes or modifications made by Virtual
Real Estate Shop as permitted above. If at any time the terms and
conditions of this Membership Agreement are no longer acceptable
to you, you should immediately cease use of the membership
portions of the Site.
Use of
Content
You acknowledge that the Site
contains or may contain information, software, photographs,
illustrations, audio files, video files, animations, flash files,
data files, code snippets and other material (collectively,
"Content") which is protected by copyright, trademark or other
proprietary rights of Virtual Real Estate Shop and its affiliates
or other third parties (including other members).
You may not modify, publish,
transmit, transfer or sell, reproduce, create derivative works
from, distribute, perform, display, reverse engineer or in any way
exploit any of the Content, in whole or in part, except as
otherwise expressly permitted in this Membership Agreement .
Products and
Support
The Products are provided subject
to these Terms and Conditions of Use, as they may be amended by
Virtual Real Estate Shop, and any guidelines, rules or operating
policies that Virtual Real Estate Shop may establish and post from
time to time (collectively, the "Agreement"), including without
limitation Virtual Real Estate Shop's customer Privacy Policy, as
linked from all email generated from Virtual Real Estate Shop or
otherwise furnished to you (the "Policy") (unless otherwise
stated, all references to the Agreement shall include the Policy).
Virtual Real Estate Shop may modify the terms of the Agreement and
may discontinue or revise any or all other aspects of the Products
in its sole discretion. Except as otherwise provided in the
Agreement, all such changes shall become effective upon the
posting of the revised Agreement on the Product or at Virtual Real
Estate Shop's website. The Products are available only to persons
who can form legally binding contracts under applicable law.
Without limiting the foregoing, the Products are not available to
individuals under the age of 18. If you do not qualify, you are
not permitted to use the Products. If you are using the Products
in your capacity as an employee, you must have the ability to bind
your employer by your use of the Product. You must complete the
registration form on the Virtual Real Estate Shop sign up web page
in order to use the Products. You shall provide true, accurate,
current, and complete information about yourself as requested in
the registration form. You may from time to time provide Virtual
Real Estate Shop's service personnel with remote access to your
computers and other systems for the purpose of troubleshooting
issues that arise in your use of the Products. You hereby waive
any claim for damages from any problems that may arise from such
access, including without limitation any disruption or damage
caused by Virtual Real Estate Shop or its personnel.
If you are accessing or using the
Products through a Third Party Service, you agree and acknowledge
that Virtual Real Estate Shop is not responsible or liable for any
actions of such third party or for any aspect or result of such
Third Party Service. You use such Third Party Service at your own
risk. You further agree and acknowledge that Virtual Real Estate
Shop may terminate such Third Party Service’s ability to interact
with the Products at any time, with or without notice, and in
Virtual Real Estate Shop’s sole discretion, with no liability to
you or the third party.
Email,
Permission Practices, Image Hosting & Prohibited Content
Subscriber
Opt Out
Every email message sent in
connection with the Products must contain an "unsubscribe" link
that allows subscribers to remove themselves from your mailing
list. Each such link must remain operational for a period of
thirty (30) days after the date on which you send the message, and
must be in form and substance satisfactory to Virtual Real Estate
Shop. You acknowledge and agree that you will not remove, disable
or attempt to remove or disable either link. You shall monitor and
process unsubscribe requests received by you directly within 10
days of submission, and update the email addresses to which
messages are sent through your Virtual Real Estate Shop account.
Under the CAN-SPAM Act of 2003, you acknowledge that you are
responsible for maintaining and honoring the list of unsubscribe
requests following termination of your account and this Agreement.
Images. Images hosted by Virtual
Real Estate Shop on Virtual Real Estate Shop controlled servers
may only be used in connection with the Products and for no other
purpose whatsoever. To the extent you use images provided by
Virtual Real Estate Shop, Virtual Real Estate Shop hereby grants
to you a limited, non-exclusive, non-transferable sublicense to
use the images in an unaltered state solely in connection with
your use of the Products.
Prohibited Content
Virtual Real Estate Shop prohibits
the use of the Products or web site by any person or entity that:
Provides, sells or offers to sell
any of the following products or content (or services related to
the same): pornography or illicitly pornographic sexual products,
including but not limited to magazines, video and software; escort
services; illegal goods; illegal drugs; illegal drug contraband;
pirated computer programs; instructions on how to assemble or
otherwise make bombs, grenades or other weapons.
Displays or markets material that
exploits children, or otherwise exploits children under 18 years
of age.
Provides, sells or offers products,
services or content frequently associated with unsolicited
commercial email, a.k.a. spam, such as online and direct
pharmaceutical sales, including but not limited to health and
sexual well-being products, work at home businesses, credit or
finance management, including but not limited to credit repair and
debt relief offerings and stock and trading tips, and mortgage
finance offers, DJ/nightclub, event/club promotions/party lists,
and odds making and betting/gambling services, including but not
limited to poker, casino games, horse and dog racing and college
and pro sporting events.
Provides material that is grossly
offensive, including blatant expressions of bigotry, prejudice,
racism, hatred or excessive profanity or post any obscene, lewd,
lascivious, filthy, excessively violent, harassing or otherwise
objectionable content.
Posts or discloses any personally
identifying information or private information about children
without their consent (or their parents’ consent in the case of a
minor).
Sells or promotes any products or
services that are unlawful in the location at which the content is
posted or received.
Introduces viruses, worms, harmful
code and/or Trojan horses on the Internet.
Promotes, solicits or participates
in pyramid schemes or multi-level channel and/or network marketing
(MLM) businesses, including but not limited to personal
work-at-home offers promoting "get rich quick", "build your
wealth" and "financial independence" offerings.
Engages in any libelous,
defamatory, scandalous, threatening, harassing activity.
Posts any content that advocates,
promotes or otherwise encourages violence against any governments,
organizations, groups or individuals or which provides
instruction, information or assistance in causing or carrying out
such violence.
Provides content, including images,
of authors, artists, photographers or others without the express
written consent of the content owner.
Right to Disable Access. Virtual
Real Estate Shop, at its own discretion, may immediately disable
your access to the Products without refund if Virtual Real Estate
Shop believes in its sole discretion that you have violated any of
the policies listed above or elsewhere in this Agreement.
Restrictions
and Responsibilities
No Rights in
Software
This is an Agreement for services
and access to this web site, and you are not granted a license to
any software by this Agreement. You will not, directly or
indirectly, reverse engineer, decompile, disassemble, or otherwise
attempt to discover the source code, object code, or underlying
structure, ideas, or algorithms of, or found at or through the
Products or any software, documentation, or data related to the
Products ("Software"); remove any proprietary notices or labels
from the Products or any Software, modify, translate, or create
derivative works based on the Products or any Software; or copy,
distribute, pledge, assign, or otherwise transfer or encumber
rights to the Products or any Software.
Unless you are an authorized
reseller of the Products, you may not display, copy, reproduce, or
distribute the Software, any component thereof, any documentation
provided in connection with the Products or the Software, or any
content, including but not limited to newsletters, distributed to
you by Virtual Real Estate Shop in connection with the Products.
Violation of these restrictions may result in the termination of
this Agreement.
Permitted Use of the Products. The
Products shall be used for your internal business purposes only,
and you shall not use the ducts or any Software for timesharing or
service-bureau purposes or otherwise for the benefit of a third
party. If you are using the Products in any jurisdiction which
restricts the ability of a software provider to restrict your
right to reverse engineer, decompile, disassemble, or otherwise
attempt to discover the source code, object code, or underlying
structure, ideas, or algorithms of the Software or Products, then
you hereby covenant that, prior to engaging in such activities,
you will first request that Virtual Real Estate Shop perform such
work at its standard professional services rates. Virtual Real
Estate Shop can then decide either: (i) to perform the work in
order to achieve such interoperability and charge its then
standard rates for such work to you; or (ii) to permit you to
reverse engineer parts of the Software in order to obtain such
source code, but only to the extent necessary to achieve such
interoperability or (iii) provide you with the information that
you need regarding the Software for the purpose for which
applicable law permits you to engage in such activities despite a
contractual prohibition on such activities.
In using the varied features of the
Products, you may provide information about yourself or your
employer (such as name, contact information, or other registration
information) to Virtual Real Estate Shop. Virtual Real Estate Shop
may use this information and any technical information about your
use of the Products to tailor its presentations to you, facilitate
your movement through the Product, or communicate separately with
you. If you accessed the Products as a result of solicitation by a
marketing partner of Virtual Real Estate Shop, Virtual Real Estate
Shop may share your information with the marketing partner and the
marketing partner may share related information with Virtual Real
Estate Shop. Except as described above. Virtual Real Estate Shop
will not provide your information, including your contact and
account information, to third parties who you have not authorized
to receive such information, except(i) as required by law or court
order, including without limitation judicial process and law
enforcement, or in the good-faith belief that such action is
necessary to comply with law or a court order or (ii) if your
Virtual Real Estate Shop account was terminated from due to
unsolicited commercial email being sent from your Virtual Real
Estate Shop account. Virtual Real Estate Shop will never sell or
rent your contact lists to anyone without your permission and
acknowledges your ownership right in your contact lists. In the
event Virtual Real Estate Shop amends or revises the policy
described in the immediately preceding sentence, it will provide
advance notice of such amendment or revision.
Links to Third-Party Web Sites
This web site may contain links to
non-Virtual Real Estate Shop web sites. These links are provided
to you as a convenience, and Virtual Real Estate Shop is not
responsible for the content of any linked web site. Any
non-Virtual Real Estate Shop web site accessed from this web site
is independent from Virtual Real Estate Shop, and Virtual Real
Estate Shop has no control over the content of that web site. In
addition, a link to any non-Virtual Real Estate Shop web site does
not imply that Virtual Real Estate Shop endorses or accepts any
responsibility for the content or use of such web site.
No Implied Endorsements
In no event shall any reference to
any third party or third party product or service be construed as
an approval or endorsement by Virtual Real Estate Shop of that
third party or of any product or service provided by a third
party.
Open Positions on Career Pages
Virtual Real
Estate Shop may list open employment positions on this web site.
Any such postings are for informational purposes only and are
subject to change without notice. You should not construe any
information on this web site or made available through this web
site as an offer for employment. Nor should you construe anything
on this web site as a promotion or solicitation for employment not
authorized by the laws and regulations of your locale.
Username and Password
You are responsible for maintaining
the security of your account, passwords, and files. Virtual Real
Estate Shop will accept the instructions of any individual who
claims to be authorized to direct changes to your account so long
as such person presents your username and password on-line, by
email or by phone, or through a Third Party Service, if any,
through which you access the Products. Virtual Real Estate Shop
has no knowledge of your organizational structure, if you are
registering for the Products as an entity, or your personal
relationships, if you are a person. Virtual Real Estate Shop shall
not be responsible for the actions of any individuals who misuse
or misappropriate your contact lists or other assets using your
username and password.
You acknowledge and agree that you
will be responsible for each and every access or use of the
membership portions of the Site that occurs in conjunction with
your Member Name and such passwords, and that Virtual Real Estate
Shop is authorized to accept your Member Name and password as
conclusive evidence that you have accessed or utilized the
membership portions of the Site. You acknowledge that such
password(s) are unique to you and that, although Virtual Real
Estate Shop does have the ability to require password(s) to meet
certain requirements (such as a minimum or maximum number of
characters) and to reset such password(s).
Rules of
Conduct
You agree that you will not use the Site for any purpose that is
unlawful or not permitted by this Agreement. By way of example,
and not as a limitation, you agree that, you shall not do any of
the following:
-
Defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy) of others.
-
Publish, post,
distribute or disseminate any defamatory, infringing, obscene,
pornographic, sexual, indecent or unlawful material or
information.
-
Upload or
otherwise transfer files that contain software or other material
protected by intellectual property laws (or by rights of privacy
or confidentiality) unless you own or control the rights thereto
or have received all necessary consents.
-
Upload or
otherwise transfer files that contain viruses, corrupted files
or any other similar software or programs that may damage or
inhibit the operation of another computer.
-
Delete any
author attributions, legal notices, or proprietary designations
or labels in any file that is uploaded.
-
Falsify the
origin or source of software or other material contained in a
file that is uploaded.
-
Advertise or
offer to sell any goods or services or conduct or forward
surveys, contests or chain letters.
-
Use any
communications or Content or other information obtained through
the Site in a manner that is competitive with the Site or
Virtual Real Estate Shop’s business. You agree to import, access
or otherwise use only lists for which all listed parties have
consented to receive correspondence from you ("Permission Based
Lists") in connection with your use of the Products. You hereby
covenant that you shall not use any other lists in connection
with your use of the Products.
-
You acknowledge
and agree that not all email messages sent through use of the
Products will be received by their intended recipients.
-
You will comply
with the restrictions on content of email messages and
activities using the Products as set forth or referenced in this
Agreement.
-
You acknowledge
and agree that you are the sole or designated "sender" of any
email message sent by you using the Products.
-
You agree that
the "from" line of any email message sent by you using the
Products will accurately and in a non-deceptive manner identify
your organization, your product or your service.
-
You agree that
the "subject" line of any email message sent by you using the
Products will not contain any deceptive or misleading content
regarding the overall subject matter of the email message.
-
You agree to
include in any email message sent by you using the Products your
valid physical address, which may be a valid post office box
meeting the registration requirements established by the United
States Postal Service.
-
You will adopt
and maintain the Privacy Policy, which may be modified by
Virtual Real Estate Shop from time to time.
-
If you are
accessing or using the Products through a third party service or
web site ("Third Party Service"), you will abide by these Terms
and Conditions of Use regardless of anything to the contrary in
your agreement with such third party. You shall not use such
Third Party Service to avoid the restrictions set forth in these
Terms and Conditions of Use.
Further, you acknowledge that no
communication of a third party or Content is endorsed by Virtual
Real Estate Shop and no communication of a third party or Content
may be considered reviewed, screened or approved by Virtual Real
Estate Shop. As explained below, Virtual Real Estate Shop reserves
the right for any reason to remove without notice any
communication, Content or other material posted to the Site.
You also agree not to use the Site
in any manner that could damage, disable, overburden, or impair
the Site or interfere with any other party's use of the Site. You
also agree not to attempt to gain unauthorized access to any other
Virtual Real Estate Shop member accounts, computer systems or
networks associated with the Site. You also agree not to obtain or
attempt to obtain any materials or information through any means
not intentionally made available or provided for through the Site.
Managing
Content
Virtual Real Estate Shop reserves
the right to delete, move or edit any communication or Content
that it may determine, in its sole discretion, violates or may
violate this Membership Agreement or is otherwise unacceptable.
You shall remain solely responsible for all communications made or
Content uploaded under your Member Name. Virtual Real Estate Shop
shall have the right but not the obligation to correct any errors
or omissions in any Content, as it may determine in its sole
discretion. You acknowledge that any screening of Content
performed by Virtual Real Estate Shop to determine Accepted
Content is done as a courtesy only.
Virtual Real Estate Shop respects
the intellectual property of others, and we ask our users to do
the same. 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
Virtual Real Estate Shop with notice of such infringement in the
manner described under Notice and Procedure for Making Claims of
Infringement in the Terms of Use.
Confidential
Information
You acknowledge that the
Confidential Information (defined below) which you obtain through
the entering into of this Membership Agreement and the use of the
Site constitutes valuable, confidential, proprietary information
of Virtual Real Estate Shop and its licensors, and you agree that
during the term of this Membership Agreement and thereafter you
shall not, without the express written consent of Virtual Real
Estate Shop, use or disclose to any other person any such
Confidential Information, except as specifically authorized under
this Membership Agreement or as required by applicable law.
For the purposes of this Membership
Agreement, “Confidential Information” means any and all data,
information, documents, software or materials relating to the
business and management of Virtual Real Estate Shop, its members,
affiliates, licensors or licensees, that is designated as
confidential or ought reasonably to be considered confidential,
including but not limited to: their business model and operations,
processes, products, designs, pricing, promotions, business plans,
business opportunities, finances, research, development, know-how,
trade-secrets, training materials, personnel, clients,
methodologies, Site content belonging to others and other
intellectual property.
Virtual Real Estate Shop recognizes
that Virtual Real Estate Shop has and will have access to the
following information: business affairs, trade secrets, client
contacts, and other proprietary information (collectively,
"Information") which are valuable, special and unique assets of
the Client. Virtual Real Estate Shop agrees that Virtual Real
Estate Shop will not at any time or in any manner, either directly
or indirectly, use any Information for Virtual Real Estate Shop’s
own benefit, or divulge, disclose, or communicate in any manner
information to any third party without prior consent of Client.
Virtual Real Estate Shop will protect the information and treat it
as strictly confidential.
Fees and
Payment
Fees for
Virtual Real Estates Product
You will be required to submit
payment monthly in advance for the Virtual Real Estate Shop
(unless you have already provided payment or means of payment,
such as credit card information) and may purchase, in advance, a
monthly subscription for the Virtual Real Estate Shop. Access to
the Virtual Real Estate Shop will be disabled until payment is
received. Fees will be billed in advance monthly for the Virtual
Real Estate Shop, even if you are not actively using the Virtual
Real Estate Shop.
Referral
If you receive Referral credits
through Virtual Real Estate Shop, those credits may not be
available if you cease to continue to be a member of the Virtual
Real Estate Shop. Once referral becomes an active member, Virtual
Real Estate Shop will apply referral amount specified by Virtual
Real Estate Shop to your account or will mail the referral payment
directly to you.
Payment
Payment for Products will be made
by a valid credit card accepted by Virtual Real Estate Shop.
Checks will be accepted for prepayments of at least one (1) month.
Fees are payable in U.S. dollars. Once the monthly payment option
is selected or if you have previously provided your credit card
for payment, you hereby authorize Virtual Real Estate Shop to
charge your credit card for such amounts on a regular monthly
basis until such time as your account is terminated. If Virtual
Real Estate Shop is for any reason unable to effect automatic
payment via your credit card, Virtual Real Estate Shop will
attempt to notify you via email and your Virtual Real Estate Shop
account will be disabled until payment is received. Amounts paid
for the Products are not refundable.
We provide our product to you
indefinitely. The product term is monthly. Your first product term
begins on the subscription date, which is the date you first
ordered the product. It is not the first time you use the product.
Your product will continue until canceled by you or by us as
provided for herein. Please note that the obligations of this
agreement begin on your subscription date and are indefinite.
Term and
Termination
This Membership Agreement is
effective until terminated. You may terminate this Membership
Agreement at any time by emailing
help@Virtual Real Estate Shop.com or by such other means of
written notice acceptable to Virtual Real Estate Shop which
enables confirmation of your identity and your intention to
terminate. Virtual Real Estate Shop reserves the right, in its
sole discretion, to restrict, suspend or terminate your right to
access the membership portions of the Site at any time for any
reason without prior notice or liability. Virtual Real Estate Shop
may change, suspend or discontinue all or any aspect of the Site
at any time, including the availability of any feature, database,
or Content, without prior notice or liability.
Virtual Real Estate Shop may also
terminate or suspend your access to the membership portions of the
Site for inactivity, which is defined as failing to access the
membership portions of the Site for an extended period of time, as
reasonably determined by Virtual Real Estate Shop.
Termination of this Membership
Agreement does not relieve you of your responsibilities to pay any
amounts due to Virtual Real Estate Shop under this Membership
Agreement or your obligations to not use the membership portions
of the Site or any Content other than in the manner permitted
under this Membership Agreement or any other agreement entered
into at the time such Content was downloaded (such as a Content
License Agreement). Termination of this Membership Agreement shall
operate without prejudice to the Virtual Real Estate Shop’s
rights, defenses and limitations of liability provided under this
Membership Agreement, which rights, defenses and limitations of
liability shall survive termination of this Membership Agreement.
Upon termination of your access to the membership portions of the
Site
Indemnity
You agree to indemnify, defend and
hold Virtual Real Estate Shop and its affiliates, and their
respective directors, officers, employees, shareholders, partners
and agents (collectively, the "Virtual Real Estate Shop Parties")
harmless from and against any and all claims, liability, losses,
costs and expenses (including lawyers’ fees on a solicitor and
client basis) incurred by any Virtual Real Estate Shop Party in
connection with: (i) any use or alleged use of the Site under your
Member Name by any person, whether or not authorized by you; (ii)
or resulting from any communication made or Content uploaded under
your Member Name; or (iii) any breach by you of this Membership
Agreement. Virtual Real Estate Shop reserves the right, at your
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such case, you
agree to cooperate with Virtual Real Estate Shop's defense of such
claim.
Age and
Responsibility
You represent and warrant that you
are of sufficient legal age to use the Site and to create binding
legal obligations for any liability you may incur as a result of
the use of the Site. You agree to be responsible for all of your
use of the Site (as well as for use of your Member Name and
password(s) by others, including without limitation, minors living
with you). You agree to supervise all usage by minors of the Site
under your name or account.
Applicable
law
The Site is controlled, operated
and administered by Virtual Real Estate Shop from within the
Province of Rochester New York. The Site can be accessed from all
provinces and territories of U.S.A, as well as from other
countries around the world. As each of these jurisdictions has
laws that may differ from those of the Province of Rochester New
York , by accessing the Site, you acknowledge and agree that this
Membership Agreement will be governed under the laws of the
Province of Rochester New York and the federal laws of U.S.A
applicable therein (without reference to conflicts of laws
principles). You hereby irrevocably submit to the exclusive
jurisdiction of the Courts of the Province of Rochester New York,
U.S.A. with respect to the subject matter of this Membership
Agreement. This Membership Agreement will not be governed by the
United Nations Convention on Contracts for the International Sale
of Goods, the application of which is expressly excluded.
You consent to service of any
required notice or process upon you by email, registered mail or
overnight courier with proof of delivery notice, addressed to the
address or contact information provided by you at the time you are
first granted access to the membership portions of the Site, or
such other address as you may advise us in writing to use, from
time to time.
Any and all disputes arising out
of, under or in connection with this Membership Agreement,
including without limitation, its validity, interpretation,
performance and breach, shall be submitted to arbitration
If Virtual Real Estate Shop is
obligated to go to court, rather than arbitration, to enforce any
of its rights, or to collect any fees, you agree to reimburse
Virtual Real Estate Shop for its legal fees, costs and
disbursements if Virtual Real Estate Shop is successful.
General
You specifically agree and
acknowledge that you have, in addition to the terms of this
Membership Agreement, reviewed the terms of the Terms of Use and
any other agreements which may be incorporated by reference
therein, and to the extent of their incorporation herein you agree
to be bound by them.
Virtual Real Estate Shop’s failure
to insist upon or enforce strict performance of any provision of
this Membership Agreement shall not be construed as a waiver of
any provision or right.
If any provision or part thereof of
this Membership Agreement is wholly or partially unenforceable the
parties or, in the event the parties are unable to agree, a court
of competent jurisdiction, shall put in place thereof an
enforceable provision or provisions, or part thereof, that as
nearly as possible reflects the terms of the unenforceable
provision or part thereof. This Agreement is personal to you and
is not assignable by you without Virtual Real Estate Shop’s prior
written consent. Virtual Real Estate Shop may assign this
Agreement without your consent to any other party so long as such
party agrees to be bound by its terms.
The parties have requested that
this Membership Agreement and all documents relating thereto be
drawn up in English
Contact
If you have concerns relating to
the Site or this Membership Agreement, please contact Virtual Real
Estate Shop at
help@Virtual Real Estate Shop.com or via phone at (866)
284-6170.
DISCLAIMER OF
WARRANTIES
THE SITE, INCLUDING ANY CONTENT
CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION,
WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. VIRTUAL REAL ESTATE SHOP DOES NOT REPRESENT OR
WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS
OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
VIRTUAL REAL ESTATE SHOP DOES NOT
REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR
DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR
CONTAMINATION OR DESTRUCTIVE FEATURES.
LIMITATION OF
LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND
RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE
CONTENT OR INFORMATION CONTAINED THEREIN.
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