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Read this Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on November 10, 2006.
INSTANTEQUITY.COM, LLC
WEBSITE ACCEPTABLE USE POLICY
instantequity.com, LLC (hereinafter “instantequity.com”), provides the information
and services available on its Web site located at www.instantequity.com (the “Site”)
under the following terms and conditions. For purposes of this Policy, “you” means
yourself, including any entity you represent in connection with your use of this
Site, whether you are acting as a Seller or Buyer.
In addition, owners, wholesalers, realtors, agents, and other third parties with
ownership, control or agency rights of relevant properties for sale are referred
to as “Sellers”. Any party seeking to purchase rights to a property is referred
to as a “Buyer”.
This Acceptable Use Policy (“Policy”) applies whenever you use the Site or information
services provided on the Site (collectively, the “Services”). If you do not accept
the terms of this Policy, you may not use the Site or Services. instantequity.com
reserves the right to modify this Policy at any time. You are encouraged to check
this Policy each time you access the Site. Your continued use of this Site indicates
you agree to the terms of the most current version of this Policy posted online.
1. USE OF SITE AND SERVICES; SUBSCRIPTION TERMS
instantequity.com grants you a limited, non-transferable license to use this Site
in connection with the Services, subject to and in accordance with the terms and
conditions of this Policy. You agree not use the Site or Services in connection
with any prohibited uses described in Section 10 below or in any other manner that
violates this Policy or applicable laws, rules or regulations. If any federal, state
or foreign legal requirements may restrict our ability to offer the Services, we
reserve the right to cancel or refuse to offer some or all of the Services without
prior consent or notice.
This Site may contain password protected areas intended to provide Services to registered
users. As a registered user, you must provide true, accurate and complete information
about yourself. You agree to update that information so that at all times it is
current, accurate and complete. Do not give your password to anyone or use the passwords
of others. Account sharing is strictly prohibited by this Policy, and you will be
held responsible for all actions taken by anyone using your account.
SELLERS TERMS:
As a condition to your posting information to this Site about any property for sale,
you hereby represent and warrant that you have a controlling interest in the property,
or a written authorized agency relationship with the owner of such property, effective
during the entire term that the property is advertised on the Site. The property
will be listed on the Site for an indefinite period of time and may be automatically
removed, unless manually renewed by the Seller, after a period of no less than 180
days.
You represent and warrant that the property is available for sale, and any encumbrances,
purchase options or pending contracts are fully disclosed; additionally, you will
promptly remove sold properties through the site’s seller’s interface or notify
us at admin@instantequity.com to remove sold properties. You agree not to use the
Site with for posting unavailable properties to generate leads or otherwise engage
in “bait and switch” activities. You further agree not to use the site to contact
others for similar services or otherwise engage in “phishing” activities.
BUYER’S TERMS:
You agree not to use the site to contact others for similar services or otherwise
engage in “phishing” activities.
2. COPYRIGHT AND TRADEMARKS
The information available on or through this Site, along with all graphics, images,
text, information, sounds and other content (collectively “Content”) is the property
of instantequity.com, or its licensors, and is protected by copyright, trademark,
service mark and other intellectual property rights. In some circumstances, Sellers
and third party service providers may post Content which is solely owned or licensed
by them. You may not modify, copy, distribute, transmit, display, publish, sell,
license, create derivative works or otherwise use any Content available on or through
this Site for commercial or public purposes. All rights, title and interest in the
trade dress, selection, coordination, arrangement and enhancement of the Content
are specifically reserved to instantequity.com. Your internal reproduction of the
Site is permitted only to the extent necessary to allow you to utilize the Site
for non-commercial purposes. Permission is granted to electronically copy and print
hard copies of pages from the Site solely for your internal, personal use, and any
such copies must bear the copyright notice included on each Web page. instantequity.com
may, in its discretion, block access to the Site, and disable and terminate access
of accounts 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 instantequity.com’s Copyright Agent (address below) with the following
information:
1. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. A description of where the material that you claim is infringing is located on
the site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright or intellectual property owner, its agent, or the
law;
6. 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.
instantequity.com’s Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail:
instantequity.com, LLC
3245 Main St. #235
Frisco, TX 75034
By fax: 480-247-4871
By email: admin@instantequity.com
Please note that, due to security concerns, attachments will not be accepted. Accordingly,
any notification of infringement submitted electronically with an attachment will
not be opened or processed.
3. LINKS TO THIRD PARTY SITES
This Site may contain links that will let you access other Web sites, including,
but not limited to, sites of third party services providers (“Service Providers”).
The links are only provided as a convenience and instantequity.com does not endorse
any of these sites or the content, advertising, products and services available
on or through such sites. instantequity.com assumes no responsibility or liability
for any material that may be accessed on other Web sites, even if reached through
this Site, nor does instantequity.com make any representation regarding the quality
of any product or service available on or through any such site or from such Service
Providers.
4. LINKS FROM THIRD PARTY SITES
instantequity.com prohibits unauthorized deep links to the Site and the framing
of any information contained on the Site or any portion of the Site. instantequity.com
reserves the right to disable any unauthorized links or frames. instantequity.com
has no responsibility or liability for any material on other Web sites that may
contain links to this Site.
5. DISCLAIMERS OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT INSTANTEQUITY.COM AND THE SITE SOLELY SERVE AS AN
INFORMATION SERVICE FOR PROVIDING PROPERTY INFORMATION, SELLER AND BUYER CONTACT
INFORMATION, AS PROVIDED BY SELLERS AND BUYERS, AS APPLICABLE. INSTANTEQUITY.COM
DOES NOT INDEPENDENTLY REVIEW, INVESTIGATE OR VERIFY INFORMATION PROVIDED BY SELLERS,
BUYERS OR SERVICE PROVIDERS. INSTANTEQUITY.COM AND ITS COMPANY AFFILIATES (A) DO
NOT ACT AS YOUR AGENT, PROVIDE REAL ESTATE BROKERAGE SERVICES TO YOU, OR PROVIDE
ADVICE REGARDING YOUR SELLING OR BUYING OF PROPERTIES, (B) DO NOT GUARANTEE THE
OUTCOME OF YOUR DEALINGS WITH SELLERS AND BUYERS, OR OTHERWISE GUARANTEE YOU WILL
MAKE ANY PROFIT IN YOUR DEALINGS.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. INFORMATION PROVIDED BY INSTANTEQUITY.COM,
WHETHER ORIGINAL TO INSTANTEQUITY.COM OR FROM THIRD PARTIES, IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
INSTANTEQUITY.COM DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY
OR COMPLETENESS OF INFORMATION ON THIS SITE (INCLUDING, FOR EXAMPLE, THE MARKET
PRICE, REPAIR COSTS, FUTURE MARKET OR SIMILAR INFORMATION) OR THE QUALITY OR TIMELINESS
OF SERVICES PROVIDED. INSTANTEQUITY.COM DOES NOT REPRESENT OR WARRANT THAT YOUR
USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES OR OTHER
HARMFUL MATERIALS. SERVICES MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS OF EACH
SELLER AND SERVICE PROVIDER. PLEASE CAREFULLY REVIEW THE SELLER’S AND SERVICE PROVIDER’S
POLICIES PRIOR TO ENGAGING WITH THEM.
6. LIMITATION OF LIABILITY; INDEMNITY
UNDER NO CIRCUMSTANCES SHALL INSTANTEQUITY.COM OR ITS AFFILIATES, OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS
(COLLECTIVELY, THE “INSTANTEQUITY.COM PARTIES”) BE LIABLE FOR ANY DAMAGES SUFFERED
BY YOU, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY
AND PROPERTY DAMAGE) THAT RESULT FROM YOUR USE OF THE SITE OR SERVICES, OR ACCESS
TO, USE OF, OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF ANY INSTANTEQUITY.COM
PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
APPLIES WHETHER THE ALLEGED LIABILITIES ARE BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR ANY OTHER BASIS. THE AGGREGATE LIABILITY OF INSTANTEQUITY.COM
PARTIES FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SITE AND/OR SERVICES SHALL NOT
EXCEED $50. SOME JURISDICTIONS RESTRICT OR PROHIBIT LIMITATIONS OF LIABILITY, IN
WHICH CASE THE FOREGOING PROVISIONS MAY NOT APPLY TO YOU.
YOU AGREE TO HOLD HARMLESS, INDEMNIFY AND DEFEND INSTANTEQUITY.COM PARTIES FROM
ANY AND ALL CLAIMS AND LIABILITIES ARISING FROM USE OF THE SITE AND/OR SERVICES,
INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF SERVICE PROVIDERS.
7. PRIVACY
Protecting customer privacy is important to instantequity.com. Please read the instantequity.com
Privacy Statement, which describes how we use, maintain and share personally identifiable
and financial information.
8. SECURITY
instantequity.com uses 128 bit secure socket layer (SSL) encryption to protect the
security of your data submitted on or through the Site, as certified by GoDaddy.com.
9. TRANSMISSION OF DATA
You acknowledge and agree that any information or data submitted to the Site becomes
the property of instantequity.com, subject to any applicable laws regarding the
protection of customers’ personally identifiable and financial information. You
expressly authorize the transfer of your data (other than personal financial data)
to Sellers, Buyers and Service Providers whom you request to receive your personal
data through the functionality provided on the Site.
10. PROHIBITED USES
You agree you will not directly or indirectly: interfere with or compromise the
operation of the Site or intercept, redirect or interfere with messages or data
intended for transfer to other parties; access without authorization any computers,
accounts or networks or penetrate any security features; interfere with the operation
of this Site; transmit or distribute destructive information, such as a virus, or
engage in mail bombings or distributed denial of service attacks; or tamper with
any Content contained on or through the Site. You will not use any robot, spider
or other automatic device or program to monitor or copy any of the data or content
on this Site, or otherwise transfer any Site data or content for mass distribution
or use in any commercial manner. You represent and warrant that you have the capacity
and authority to enter into legal binding agreements, including the authority to
be bound to this Policy. We are not required to accept any transactions from users
who are less than eighteen (18) years of age.
We cannot guarantee that your use of the Site or Services, or purchase of Services
through the Site, complies with laws outside of the United States. You are solely
responsible to comply with the laws of your jurisdiction, and you agree to hold
us harmless from your violation of any such laws. IF YOU BELIEVE A SELLER OR BUYER
HAS VIOLATED THIS POLICY, PLEASE CONTACT US AT THE ADDRESS BELOW. WE RESERVE THE
RIGHT TO REVIEW AND TERMINATE ANY USER’S ACCESS TO THE SITE.
11. SITE AND SERVICES AVAILABILITY
instantequity.com’s objective is to make the Site accessible twenty-four (24) hours
per day, seven (7) days per week. However, instantequity.com may interrupt, limit
or suspend the Site operations at any time for purposes such as performing maintenance,
addressing technical problems, conducting audits, and complying with applicable
laws. instantequity.com will make reasonable efforts to post notices on the Site
in advance of material changes to the Site or Services.
12. TERMINATION OF ACCESS; REMEDIES
In order to enforce this Policy, such as in the event of any breach or threatened
breach, instantequity.com may suspend and/or terminate your access to and use of
the Site and/or Services without notice. You understand and agree that instantequity.com
shall be entitled to receive preliminary injunctive relief without the necessity
of posting bond, along with other equitable and legal remedies against you, with
respect to its enforcement of this Policy. If instantequity.com or its affiliates
takes any legal action against you to enforce this Policy, you will promptly reimburse
instantequity.com’s reasonable attorneys’ fees and costs incurred.
13. JURISDICTION/GOVERNING LAW
You understand that you are purposely accessing this Site of instantequity.com and
communicating or transacting with instantequity.com, which business maintains the
Site and a physical presence in Frisco, TX, USA; therefore, you agree that your
use of the Site and Services, and this Policy, shall be governed by and construed
in accordance with the laws of the State of Texas, USA, and applicable federal laws
and regulations without regard to conflicts of law principals. Accordingly, without
limiting the arbitration provisions in Section 14, you understand and agree that
all proceedings relating to this Site and the subject matter contained herein shall
be maintained exclusively in the state or federal courts in and for Denton County.
14. ARBITRATION
Any controversy or claim (except for instantequity.com’ rights to injunctive relief,
in accordance with Section 12), whether based on contract, tort or other legal theory
arising out or relating to this Site and/or Policy shall be resolved exclusively
by arbitration conducted in Denton County, Texas. The arbitrator will be bound by
the provisions of this Policy and by the rules and procedures of the American Arbitration
Association. The arbitrator’s awards and decisions shall be final and binding upon
the parties, and any decision rendered by the arbitrator may be entered in and enforced
by any court having jurisdiction thereof. YOU AGREE THAT NO CLASS ACTION SHALL BE
INITIATED OR MAINTAINED AGAINST ANY INSTANTEQUITY.COM PARTIES.
15. NO WAIVER; SEVERABILITY
Any failure by instantequity.com to enforce any of its rights under this Policy
or applicable laws shall not constitute a waiver of such rights. If any provision
of this Policy shall be deemed unlawful or unenforceable by a court of competent
jurisdiction, then that provision shall be deemed severable from this Policy and
shall not affect the validity and enforceability of any remaining provisions hereunder.
16. CONTACT INFORMATION
The contact information for instantequity.com is:
By mail:
instantequity.com, LLC
3245 Main St. #235
Frisco, TX 75034
By fax: 480-247-4871
By email: admin@instantequity.com
© 2006 INSTANTEQUITY.COM, LLC
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