5. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright or other intellectual property rights. You agree that the Emails and the Content are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
6. Advertisers. The Emails may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Emails is accurate and complies with applicable laws. Providers will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
7. Errors and Corrections. Provides do not represent or warrant that the Emails or the Content will be error- free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Providers do not warrant or represent that the Content available on the Emails will be correct, accurate, timely, or otherwise reliable. Providers may make improvements and/or changes to its features, functionality or Content at any time.
8. Third Party Content. Third party content may appear on the Emails or may be accessible via links from the Emails. Providers shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Emails. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Providers.
9. Attorney Ethics Notice. If you are an attorney participating in any aspect of the Emails, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorized practice of law, and misrepresentations of fact. Providers disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on the Emails that you will not offer legal advice, but will only provide general information.
10. DISCLAIMER. THE EMAILS AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE EMAILS AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE EMAILS, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE EMAILS, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR -- USE OF THE EMAILS OR THE CONTENT.
11. LIMITATION OF LIABILITY. PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR -- USE OF THE EMAILS, THE CONTENT. PROVIDERS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE -- USE OF OR INABILITY TO -- USE THE EMAILS OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDERS SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
12. Indemnification. You agree to indemnify, defend and hold harmless Providers, their officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Emails from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you.
13. Third Party Rights. The provisions of paragraphs 10 (Disclaimer), 11 (Limitation of Liability), and 12 (Indemnification) are for the benefit of Providers and their officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Emails. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. Unlawful Activity. Providers reserve the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
15. Remedies for Violations. Providers reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use.
16. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of Texas and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
17. Modifications to Terms of Use. Providers reserve the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on the Emails and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Emails after any such changes constitutes your consent to such changes.
18. Standard Term. Unless a different Term is specified in a signed Order Form between You and MLS Deal Finder, the Initial Term of Your subscription to an MLS Deal Finder Service will begin on the submission or execution of Your Order Form and shall continue on a month to month basis until the subscription is terminated as provided for in Article 20.
19. Auto Payment. You authorize regularly scheduled charges to your checking/savings account or credit card. You will be charged every 30 days, for the amount indicated in the subscription plan you signed up for, until the subscription is terminated as provided for in Article 20.
20. Termination without Cause. Either party may terminate the Subscription Term to any Real Estate IQ / Fast CMA Service by providing thirty (30) days prior written notice to the other party.
21. If a cancellation notice is not received by Real Estate IQ prior to 8 a.m. on the business day prior to your renewal date, a $15 administrative fee may be assessed.
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