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America's Land Sale
WEBSITE USER AGREEMENT

By using this site you as a user agree to the terms and conditions stated herein, you the User Participant (hereafter referred to as 'User') signify your agreement to these terms and conditions. If you do not agree to these terms and conditions of this User Agreement (hereinafter referred to as 'Agreement'), please do not use this site. America's Land Sale reserves the right to revise this Agreement, and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. America's Land Sale reserves the right to terminate a User's use of this site at any time without notice, and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement also applies to User's licensed agents, representatives, and other licensors and advertisers as well. By using this web site, the User agrees to abide by the following conditions:

1) "The sole use of the listing data and information shall be to support the proper activities of the User participant, , in seeking to affect the purchase, sale or leasing of listed properties."

2) "The User participant may display listing data and information on the America's Land Sale website only if the User participant in good faith holds itself out to be, and in fact is, ready, willing and able to show or arrange for the showing of the listed property to which the listing data and information relate to prospective purchasers and lessees."

3) "All of the listing data and information displayed on the America's Land Sale website must be updated by User at least once every ninety (90) days."

4) "Any listing or listing data or information entered in America's Land Sale listing database website template must identify the correct name of both the firm and the individual agent which constitute the listing participating User for that listing."

5) "By the act of submission of any property listing or sales data to America's Land Sale, the User participant represents that he has been authorized to grant and also thereby does grant authority for America's Land Sale to include the property listing data, and any resultant sales data, in its America's Land Sale database and also in any statistical report on listings or comparable sales. The America's Land Sale database shall be construed to include any format in which property listing or sales data is collected and disseminated to the participating Users or other interested individuals, or any other format, whatsoever, including but not limited to a bound book, loose-leaf binder, computer database, card file .

6) "Upon written request, America's Land Sale in its discretion, may grant comparable sales and listing access to real estate professionals who are actively engaged in real estate Userage, management, mortgage financing, appraising, land development or building activities, and private individuals, who do not participate fully in America's Land Sale within the meaning of the rules and/or regulations as set forth in America's Land Sale. America's Land Sale may grant access on such terms and conditions, including the payment of fees and charges as may be established at the time of the request for access. Terms and conditions on which America's Land Sale may grant access need not be identical for all classes or groups eligible to request such access."

7) "User participants and their licensees may reproduce from the computerized America's Land Sale system, and distribute by any means to prospective purchasers, tenants, or other individuals, copies of property listing data contained in the computerized America's Land Sale system which relate to any properties in which the prospective purchasers, tenants or other individuals are, or may have, in the judgment of the User participants or their licensees, a bona fide interest."

8) "If America's Land Sale desires to publish sales information prior to final closing of the sales transaction, America's Land Sale may also require an agreement from the participating User and his Seller that there be included a provision expressly granting the listing participating User the right to authorize dissemination of sales information by America's Land Sale to its other participating Users."

9) "Any listing data or sales data, whether provided in written or printed form, provided electronically, or provided in any other form or format, is provided for the exclusive use of America's Land Sale and those licensees affiliated with America's Land Sale who are authorized to have access to such information. Such information may not be transmitted, retransmitted or provided in any manner to any unauthorized individual, office or firm.

10) "None of the foregoing shall be construed to prevent any individual legitimately in possession of current listing information, 'sold' information, comparables, or statistical information from utilizing such information to support an estimate of value on a particular property for a particular client. However, only such information as America's Land Sale has deemed to be non-confidential and necessary to support the estimate of value may be reproduced and attached to the report as supporting documentation. Any other use of such information is unauthorized and prohibited by America's Land Sale."

11) "All forms and templates produced by America's Land Sale are intended for the exclusive use of the User participants, their licensees, or users of America's Land Sale. No User participant, his licensee, or user may give, copy or in any manner distribute America's Land Sale forms to third parties except copies clearly marked 'Sample' which may be copied and used for education in connection with real estate licensing activities."

12) "Subject to a participating User's compliance with all of the limitations and conditions as set forth herein, and subject further to the participating User's compliance with the requirements of applicable law, each participating User and his licensee affiliated with said User, may display on its own website(whether such website constitutes a public access website or a virtual private network) the listing data and/or sales data information included in the America's Land Sale compilation. Such listing or sales data information may either be downloaded to the permitted website or it may be framed on the permitted website from any website which America's Land Sale maintains.

13) A public access website of a participating User, in its display, may not modify in any way the listing or sales data information as it originally appeared in the America's Land Sale compilation."

14) "The public access website of the participating User shall display, in a prominent location, the privacy policy of the participating User or his licensees that maintains the public access website, stating in that policy the use that the participating User or his licensee may make of the information provided to it by visitors to the public access website and whether, and to whom and under what conditions, the participating User or his licensees may make that information available to third parties."

15) "User participants are responsible to determine that all data electronically entered into America's Land Sale complies with all fair housing laws. Each participating User agrees to hold America's Land Sale harmless from, and pay the cost of defense of, any claim arising from any information User participant places in America's Land Sale which results in a charge or finding that such information is in violation of such laws."

16) "No participating User, without first obtaining the listing participating User's permission, shall advertise a property listed by another participating User, in any manner, including but not limited to, display, newspaper, flyer or other publication, except that a participating User may republish another participating User's listings on a public access website or a virtual private network, in a manner consistent with America's Land Sale guidelines, so long as the listing is approved by the listing participating User for Internet publication."

17) "America's Land Sale may accept exclusively listed property that is subject to auction. If such listings do not show a listed price, they may be included in a separate section of America's Land Sale compilation of current listings. Remarks should include 'This property subject to auction and the auction will be held on (date).' "

18) "Listings of property may be withdrawn from America's Land Sale by the listing User participant before the expiration date of the listing agreement if the listing User participant has secured the written agreement of the seller/landlord authorizing the withdrawal. Sellers/landlords do not have the unilateral right to require America's Land Sale to withdraw a listing without the listing User participant's concurrence or approval. However, when seller/landlord can document that his or her exclusive relationship with the listing User participant has been terminated, America's Land Sale may remove the listing at the request of the seller/landlord."

19) "The full gross listing price stated in the listing contract shall be included in the information published in the America's Land Sale compilation of current listings, unless the property is subject to auction."

20) "All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data form/template. When part of a listed property has been sold or leased, proper notification shall be given to America's Land Sale."

21) "Any listing submitted to America's Land Sale shall provide for cooperation by other listing User participants."

22) "Any listing entered into America's Land Sale automatically expires on the date specified in the agreement unless renewed by the listing User participant, and notice of renewal or extension is to be entered into America's Land Sale within two (2) business days prior to expiration. If the notice of renewal or extension is dated and received after the expiration date of the original listing, then a new listing must be obtained if it is to be entered into America's Land Sale. It will then be entered as a new listing. Any extension or renewal of a listing must be signed by the seller/landlord, certified by the listing User participant and filed with America's Land Sale"

23) "Any property listing information entered into America's Land Sale shall contain only factual information about the property and shall exclude any reference to personal or business contact information including, but not limited to, any telephone numbers or mailing addresses, which would initiate visitor contact in any way with the User participant, his representatives, or licensees. "

24) "All time periods referred to herein concerning filing and or reporting times shall begin subsequent to the date of listing or date of action. Saturdays, Sundays and national holidays are excluded from the calculation of said periods."

25) "All listings entered into America's Land Sale shall bear a definite and final expiration date as negotiated between listing User participant and the seller/landlord."

26) "Except as may be explicitly permitted through this site, User agrees not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from America's Land Sale is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.

27) "You agree that if you are issued a Username and Password by America's Land Sale, you shall use your best efforts to prevent access to this site through your User Name and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, and notifying America's Land Sale immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party."

28) "You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to be subject to civil and criminal legal penalties and will be pursued by America's Land Sale to the full extent of the law to protect its rights and the rights of its other licensors."

29) "Except with regard to personal information, all information which you post on this site or communicate to America's Land Sale through this site (collectively 'Submissions') shall forever be the property of this website. America's Land Sale shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future America's Land Sale products. Without limitation, America's Land Sale shall have exclusive ownership of present and future existing rights to any submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your submission does not infringe the rights of any third party."

30) "You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites 'Terms and Conditions' and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information that is illegal, unreasonable or that some people may find inappropriate or offensive. These sites are not under the control of America's Land Sale, are not monitored or reviewed by America's Land Sale, and America's Land Sale is not aware of the contents of such sites. You acknowledge that America's Land Sale is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by America's Land Sale, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that America's Land Sale and its licensors have no liability whatsoever from such third party sites and your usage of them.
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