END USER LICENSE AGREEMENT FOR SALESTEAMLIVE.COM REAL ESTATE CONSOLE APPLICATION
SERVICE
Important! Please read this document carefully before clicking on the "Upload"
button. This end-user license agreement ("eula") is a legal agreement between
you (an individual, hereafter referred to as "you") and salesteamlive, llc
d/b/a salesteamlive.com ("stl") for use of the salesteamlive real estate
console application service, which includes accessing computer software and
associated media, materials, and "online" or electronic documentation
("service"). By clicking the "Upload" button displayed below, you are agreeing
to the terms and conditions of this eula. This eula will govern your use of the
service. If you do not agree to the terms of this eula, do not click on the
"Upload" button and do not attempt to access the service. You agree that your
access of and/or use of the service acknowledges that you have read this eula,
understand it, and agree to be legally bound by its terms and conditions.
Congratulations! Your Application Form has been accepted by STL. As part of the
Service, STL will provide You with use of the Service, including a browser
interface and data encryption, transmission, access and storage. By clicking on
the "Upload" button, You agree to abide by this EULA, including any materials
available on the STL website incorporated by reference herein, such as but not
limited to STL's terms of use, privacy and security policies. You understand
that STL may modify the Service or the manner in which the Service is made
available, and that those modifications may create differences in how the
Service operates in the future. These modifications may include, by way of
example, the addition of new business services, which may require You to pay
additional subscription or transaction fees, as applicable in order to use such
new business services.
1.0 Definitions.
1.1 "Application Form" means the form that You submitted to become a subscriber
to the Service.
1.2 "Campaign Worksheet"means the form supplied by STL to You which requires
You to provide detailed information concerning Your marketing strategy, which
Worksheet must be submitted to STL within thirty (30) days of Your submission
of the Application Form.
1.3 "Change Fee" means the fee to be charged to You by STL for any changes,
amendments or modifications to Your Campaign Worksheet or Your marketing
strategy made following submission of the Campaign Worksheet, which Change Fee
shall be charged to You at STL’s then-current standard pricing.
1.4 "Content" means the audio and visual information (including, but not
limited to any images, photos, animations, videos, music, tones and applets),
documents, software, marketing collateral, products and services contained or
made available to You in the course of using the Service.
1.5 "Effective Date" means the earlier of the date: (a) this EULA is accepted
by You by clicking on the "Upload" button presented on the screen after this
EULA is displayed, (b) or the date You begin using the Service, or (c) the date
upon which You submit the Application Form.
1.6 "Intellectual Property Rights" means unpatented inventions, patent
applications, patents, design rights, copyrights, trademarks, service marks,
trade names, domain name rights, mask work rights, know-how, business processes
and other trade secret rights, and all other intellectual property rights,
derivatives thereof, and forms of protection of a similar nature anywhere in
the world.
1.7 "STL Technology" means all of STL's proprietary technology (including
software, hardware, products, processes, algorithms, user interfaces, know-how,
techniques, designs and other tangible or intangible technical material or
information) made available to You by STL in providing the Service.
1.8 "Your Data" means any data, information or material provided or submitted
by You to the Service in the course of using the Service. Examples of Your Data
could be property data, property addresses and property owners.
2.0 Subscription Term; Obligations. This EULA commences on the Effective Date.
After You have clicked on the "Upload" button, Your subscription begins when
You first register for the Service by providing the authorization code sent by
STL to the email address provided by You as part of Your Application Form. Your
subscription to the Service is for an initial term of 6 months, or as You
elected in Your Application Form ("Initial Term"). Upon the expiration of the
Initial Term, this EULA and your subscription will automatically renew on a
month to month basis at STL's then current fees beginning on the day following
the numeric date that the Initial Term expired. For example, if Your
subscription commenced on March 10, and the Initial Term was six (6) months, it
would expire on September 9. Your per month subscription would then start on
September 10 and automatically renew on the 10th day of each consecutive month
thereafter, unless otherwise agreed upon in writing or electronically approved
by STL. In addition, You must submit the Campaign Worksheet to STL within
thirty (30) days of Your submission of the Application Form. Any any changes,
amendments or modifications to Your Campaign Worksheet or Your marketing
strategy made following submission of the Campaign Worksheet shall be subject
to a Change Fee.
3.0 Modifications, Privacy, Security and Marketing Communications.
3.1 STL reserves the right to modify the terms, conditions and notices under
which the Service is offered, including, but not limited to the terms of this
EULA, the terms of use for the Service, and/or its policies relating to the
Service. Modifications shall be effective upon posting on the Service’s
website. You are responsible for regularly reviewing the Service’s website.
Continued use of the Service after any such modifications shall constitute Your
agreement to all such modifications.
3.2 STL's terms of use, and its’ privacy and security policies may be viewed at
http://www.SalesTeamLive.com/termsofuse, http://SalesTeamLive.com/privacy,
http://www.SalesTeamLive.com/security
3.3 When You first log in, You will be asked whether or not You wish to receive
marketing and other non-critical Service-related communications from STL from
time to time. You may opt out of receiving such communications at that time or
at any subsequent time by changing Your preferences under My Account Alerts.
Note that because the Service is a hosted, online application, STL occasionally
may need to notify all users of the Service (whether or not they have opted out
as described above) of important announcements regarding the operation of the
Service. You agree that STL can disclose the fact that You are a customer and
the components of the Service that You are using.
4.0 License Grant & Restrictions.
4.1 Subject to the terms and conditions herein, STL hereby grants You a
limited, non-exclusive, non-transferable, right to access and use the Service,
solely for Your own internal business purposes. The Service is protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. There are no implied licenses. All
rights not expressly granted to You are reserved by STL and its licensors.
4.2 You shall not: (a) license, sublicense, sell, resell, transfer, assign,
distribute or otherwise commercially exploit or make available to any third
party the Service or the Content in any way; (b) modify or make derivative
works based upon the Service or the Content; (c) create Internet "links" to the
Service or "frame" or "mirror" any Content on any other server or wireless or
Internet-based device; or (d) reverse engineer or access the Service in order
to: (i) build a competitive product or service; (ii) build a product or service
using similar ideas, features, functions or graphics of the Service; or (iii)
copy any Content or any ideas, features, functions or graphics of the Service.
This license is personal to You and cannot be shared or used by anyone else.
You agree that You will not let others access and/or use the Service using Your
account.
4.3 You may use the Service only for Your internal business purposes and shall
not: (a) send spam or otherwise duplicative or unsolicited messages; (b) send
or store infringing, obscene, threatening, libelous, or otherwise unlawful or
tortious material, including material harmful to children or in violation of
third party privacy rights; (c) send or store material containing software
viruses, worms, Trojan horses or other harmful computer code, files, scripts,
agents or programs; (d) interfere with or disrupt the integrity or performance
of the Service or the Content; or (e) attempt to gain unauthorized access to:
(i) the Service or its related systems or networks; (ii) other user’s accounts;
or (iii) optional components of the Service that You have not paid for.
4.4 You acknowledge and agree that You will only have remote access to the
Service and shall not at any time have physical access to any facility
providing the Service nor shall You attempt to download or gain physical access
to the Content or any software used in providing the Service. You further agree
that the Content (including any marketing collateral or materials using Your
Data) sent by or through the Service via STL or associated mail fulfillment
partners or other third party suppliers shall only be used in connection with
Your use of the Service and may not be copied or reproduced in any way, without
prior written permission from STL.
5.0 Your Responsibilities. You are responsible for Your Data and all activity
occurring with Your account, and shall abide by all applicable local, state,
national and foreign laws, treaties and regulations in connection with Your use
of the Service, including those related to data privacy, international
communications and the transmission of technical or personal data. Your
membership, user name and password (login) may not be assigned or transferred
to any other person or entity. You shall: (a) notify STL immediately of any
unauthorized use of any password or account or any other known or suspected
breach of security; (b) report to STL immediately and use reasonable efforts to
stop immediately any copying or distribution of Content that is known or
suspected by You; and (c) not impersonate another STL user or provide false
identity information to gain access to or use the Service. Until STL is
notified, by e-mail, or by telephone of any breach in security, You will remain
liable for any unauthorized use of the Service arising out of Your account.
6.0 Account Information and Data.
6.1 You must provide current, complete and accurate information for Your
account in order to receive access to the Service. This information includes
Your legal name, street address, e-mail address, and telephone number. You must
promptly update all information to keep Your account current, complete and
accurate (such as a change in billing address, credit card number, or credit
card expiration date), and You must promptly notify STL if Your payment method
is canceled (for example, for loss or theft) or if You become aware of a
potential breach of security, such as the unauthorized disclosure or use of
Your user name or password. Changes to such information can be made via the STL
application under My Accounts Setup or email at support@salesteamlive.com. If
You fail to provide STL any of the foregoing information, You agree that STL
may continue charging You for the Service under Your account, unless You have
cancelled Your subscription for the Service. If the contact information You
have provided is false or fraudulent, STL reserves the right to terminate Your
access to the Service in addition to any other legal remedies.
6.2 STL acknowledges and agrees that it does not own Your Data. You, not STL,
shall have sole responsibility for the accuracy, quality, integrity, legality,
reliability, appropriateness, and intellectual property ownership or right to
use of all Your Data. For example, if Your Data contains outdated or inaccurate
property addresses or property ownership, STL shall not be responsible or
liable for such outdated or inaccurate information. In addition, STL shall not
be liable for the deletion, correction, destruction, damage, loss or failure to
store any of Your Data. STL reserves the right to withhold, remove and/or
discard Your Data without notice for any breach, including, without limitation,
Your non-payment. Upon termination by STL for cause, Your right to access or
use Your Data immediately ceases, and STL shall have no obligation to maintain
or forward any of Your Data.
6.3 You hereby grant to STL a non-exclusive, worldwide license, to use,
reproduce, create derivative works, display, store and perform Your Data as
reasonably necessary to operate the Service, and to make backup copies thereof
in connection with Your use of the Service.
6.4 STL, at its sole discretion, may elect to electronically monitor the
Service and may disclose Your Data, and any content or records concerning Your
account, as necessary to satisfy any law, regulation, or other governmental
request or to properly operate the Service and protect its customers. You
expressly agree that STL shall not be liable to You for any action STL takes to
remove or restrict access to obscene, indecent or offensive content made
available by You, nor for any action taken to restrict access to material made
available in violation of any law, regulation or rights of a third party,
including but not limited to, rights under the copyright law and prohibitions
on libel, slander and invasion of privacy.
7.0 Intellectual Property Ownership. STL alone (and its licensors, where
applicable) shall own all right, title and interest, including all related
Intellectual Property Rights, in and to the STL Technology, the Content and the
Service and any suggestions, ideas, enhancement requests, feedback,
recommendations or other information provided by You or any other party
relating to the Service. This EULA is not intended to, and will not, constitute
a lease of any real property. You acknowledge that You have no rights as a
tenant or otherwise under any real property or landlord/tenant laws,
regulations or ordinances. This EULA is not a sale and does not convey to You
any rights of ownership in or related to the Service, the STL Technology, any
Content or the Intellectual Property Rights owned by STL. The STL name, the STL
logo, and the product names associated with the Service are trademarks of STL
or third parties, and no right or license is granted to use them.
8.0 Third Party Interactions. During Your use of the Service, You may enter
into correspondence with, purchase goods and/or services from, or participate
in promotions of, advertisers or sponsors or other third parties showing their
goods and/or services through the Service. Any such activity, and any terms,
conditions, warranties or representations associated with such activity, is
solely between You and the applicable third-party. STL is not a party to, third
party beneficiary of, or a guarantor of performance with respect to any
subsequent agreement between You and any third party. Specifically, STL does
not control the quality or availability of third party goods and services You
may access through the Service, the terms and conditions on which those goods
and services are offered or purchased, or the third party’s compliance with an
agreement that it may execute with You. STL and its licensors shall have no
liability, obligation or responsibility for: (a) any correspondence, purchase
or promotion between You and any third-party; or (b) the quality, accuracy or
availability of goods and/or services from third parties. STL does not endorse
any sites on the Internet that are linked through the Service, and makes no
warranties (express or implied) with respect to any such Internet sites or the
goods or services which they offer. STL provides these links to You only as a
matter of convenience, and in no event shall STL or its licensors be
responsible for any content, products, services or other materials on or
available from such sites. STL provides the Service to You pursuant to the
terms and conditions of this EULA. You recognize, however, that certain
third-party providers of ancillary software, hardware, content, products or
services may require Your agreement to additional or different licenses or
agreements or other terms prior to Your purchase, use of or access to such
software, hardware, content, products or services.
9.0 Payment, Nonpayment and Suspension.
9.1 You shall pay all fees or charges to Your account in accordance with the
fees, charges, and billing terms in effect at the time a fee or charge is due
and payable. You must provide STL with a valid credit card as a condition to
signing up for the Service. In connection with STL’s acceptance of Your
Application Form, You acknowledge and agree to pay for (and that Your credit
card has been billed for) the Initial Term. STL reserves the right to modify
its fees and charges and to introduce new charges at any time, upon at least 30
days prior notice to You, which notice may be provided by e-mail. All pricing
terms are confidential, and You agree not to disclose them to any third party.
9.2 STL charges and collects in advance for use of the Service. Fees for the
use of mail fulfillment will be automatically charged to Your account and there
shall be no credit or reimbursement for undelivered or returned mail
attributable to Your Data. After the expiration of the Initial Term, You will
be billed monthly in advance. STL will automatically renew and bill Your credit
card or issue an invoice to You every month unless the cancellation procedure
is successfully completed as described in section 12.1 by You at least three
(3) business days prior to the end of a month. STL's fees are exclusive of all
taxes, levies, or duties imposed by taxing authorities, and You shall be
responsible for payment of all such taxes, levies, or duties, excluding only
United States (federal or state) taxes based solely on STL's income. If You
believe Your bill is incorrect, You must contact us in writing within sixty
(60) days of the invoice date of the invoice containing the amount in question
to be eligible to receive an adjustment or credit.
9.3 In addition to any other rights granted to STL herein, STL reserves the
right to suspend or terminate this EULA and Your access to the Service if Your
account becomes delinquent (falls into arrears). Delinquent invoices (accounts
in arrears) are subject to interest of 1.5% per month on any outstanding
balance, or the maximum permitted by law, whichever is less, plus all expenses
of collection. You will continue to be charged for during any period of
suspension. STL reserves the right to refer Your account to a third party for
collection in the event of default. You agree to pay all costs incurred in the
enforcement of this EULA and in collection of any delinquent amounts due,
including reasonable attorneys' fees and costs. Should there be an outstanding
balance, Your access to the Service may be suspended until Your account is paid
in full with no refund for lost time. Once all outstanding balances are paid in
full, You can regain Your access to the Service. If You or STL initiates
termination of this EULA, You will be obligated to pay the balance due on Your
account. You agree that STL may charge such unpaid fees to Your credit card or
otherwise bill You for such unpaid fees.
9.4 STL reserves the right to impose a reconnection fee in the event You are
suspended and thereafter request access to the Service. You agree and
acknowledge that STL has no obligation to retain Your Data and that such Data
may be irretrievably deleted if Your account is 30 days or more delinquent.
10.0 Excess Data Storage Fees. The maximum disk storage space provided to You
at no additional charge is: 20 MB. If the amount of disk storage required
exceeds these limits, You will be charged the then-current storage fees. STL
will use reasonable efforts to notify You when the average amount of storage
used by You reaches approximately 90% of the maximum; however, any failure by
STL to so notify You shall not affect Your responsibility for such additional
storage charges. STL reserves the right to establish or modify its general
practices and limits relating to storage of Your Data.
11.0 Fraud and Chargeback Rights.
11.1 You hereby agree that all fraud and misuse of any credit card used by You
to pay for the Service will be promptly reported to STL. You also agree that
any disputes with billing, delivery, or Service quality will be addressed and
investigated through STL. Any charges disputed with Your issuing bank or
financial institution without first contacting STL for resolution may be
construed as an attempt to defraud STL. Liquidated damages up to five hundred
dollars ($500) may be assessed by STL, in its discretion, against any
individual who fraudulently obtains a subscription or access to the Service or
whose transaction later results in a chargeback to the account. You agree that
the liquidated damage amount above is reasonable, does not constitute a
penalty, and is being established due to the difficulties and inconvenience
associated with attempting to establish the exact amount of loss which may be
sustained by STL due to excessive chargebacks to Your account. You agree to
indemnify and hold STL harmless from any and all claims, fines or other damages
imposed by any credit card company or other entity due to excessive
chargebacks, which are the cumulative result of Your fraudulent actions. The
STL Fraud department will review all chargebacks.
11.2 Chargebacks issued for reasons STL deems as non-fraudulent and that STL
feels You were provided with proper services and/or support will be disputed
through Your credit card company. It is Your responsibility to notify STL of
any problems You are having with the Service immediately.
11.3 Any chargebacks that result from fraudulent activity will be investigated.
STL uses Credit Card Verification (CVV2) and Address Verification (AVS) to
validate Your credit card. You acknowledge and agree that Your IP address and
network host may be recorded when You click on the "Upload" button and each
time that You log into the Service. This information will be used to trace the
order to the person(s) that completed the Application Form for the Service and
clicked on the "Upload" button. All information on fraudulent accounts will be
turned over to the proper authorities to assist in locating and prosecuting any
and all guilty parties.
11.4 Claiming a charge as fraudulent to avoid payment for Your subscription or
use of the Service is illegal and any and all violators will be prosecuted to
the fullest extent of the law. Your credit card company and the proper
authorities will be notified. For any chargebacks submitted as fraudulent, STL
may require a copy of a filed police report and a signed affidavit from Your
credit card company stating that the charge was fraudulent and that Your credit
card and/or credit card numbers were stolen or otherwise falsely obtained and
used.
12.0 Refunds, Cancellation and Termination for Cause.
12.1 Refunds for amounts paid for access to the Service during the Initial Term
must be processed with a completed and signed refund form. However, amounts
paid or payable for marketing collateral and/or mail fulfillment are
non-refundable and You shall be responsible for payment of such amounts. Refund
forms must be received by STL on or before the earliest to occur of: (a) the
date upon which You submitted the Worksheet or (b) thirty (30) days from the
Effective Date (the “Refund Period”). Refund forms may be found at
http://www.SalesTeamLive.com My Account Refunds. These forms must be sent via
mail, delivery service, or facsimile. It is Your responsibility to ensure that
a Refund form is received by STL within the Refund Period. There shall be no
refunds for the Initial Term after the thirty (30) day period following the
expiration of the Refund Period. You acknowledge and agree that any refund will
be provided by the individual or entity that provided you the Application Form
and/or collected any fee.
12.2 You may cancel Your subscription at any time by visiting STL’s web site at
www.SalesTeamLive.com/My Account/cancellation and sending an email through the
web site requesting in the subject line "membership cancellation request" and
in the body of the email the reason for cancellation. Upon STL’s receipt of
Your email, You will receive from STL a cancellation form. You must accurately
complete the cancellation form and return it to STL. Once Your cancellation
form is completed and received by STL, a confirmation number is assigned. Once
cancellation is processed by STL, You will receive via email a subscription
cancellation confirmation. Should You not follow cancellation instructions Your
account will remain active and You are responsible for all charges incurred up
to the time the account is deactivated. In the event you cancel Your
subscription, STL will make available to You a file of Your Data within 30 days
of the date of cancellation if You so request on the cancellation form. You
agree and acknowledge that STL has no obligation to retain Your Data, and may
delete Your Data, more than 30 days after cancellation.
12.3 STL accepts no responsibility for late or unreceived refund or
cancellation forms, printer or fax failure, failure due to (and not limited to)
disconnection from the internet, power failure, heavy internet traffic,
instructions not received due to incorrect customer email address on order
form, cancellation sent to wrong email address or company other than STL,
computer failure, or hardware error. It is Your responsibility to ensure that a
refund or cancellation form is correctly filled out and received by STL.
12.4 Any breach of Your payment obligations or unauthorized use of the Content,
STL Technology or Service will be deemed a material breach of this EULA. STL,
in its sole discretion, may terminate Your password, account or use of the
Service if You breach or otherwise fail to comply with this EULA. You agree and
acknowledge that STL has no obligation to retain Your Data, and may delete such
Your Data, if You have materially breached this EULA, including but not limited
to failure to pay outstanding fees, and such breach has not been cured within
30 days of notice of such breach.
13.0 Representations & Warranties. Each party represents and warrants that
it has the legal power and authority to enter into this EULA. STL represents
and warrants that it will provide the Service in a manner consistent with
general industry standards reasonably applicable to the provision thereof and
that the Service will perform substantially in accordance with the online STL
help documentation under normal use and circumstances. You represent and
warrant that You have not falsely identified Yourself nor provided any false
information to gain access to the Service and that Your billing information is
correct.
14.0 Mutual Indemnification.
14.1 You shall indemnify and hold STL, its licensors and each such party's
parent organizations, subsidiaries, affiliates, officers, directors, employees,
attorneys and agents harmless from and against any and all claims, costs,
damages, losses, liabilities and expenses (including attorneys' fees and costs)
arising out of or in connection with a claim: (a) alleging that use of Your
Data infringes the rights of, or has caused harm to, a third party; (b) which
if true, would constitute a violation by You of Your representations and
warranties; (c) arising from a breach by You of this EULA; or (d) relating to
Your use of third party goods and/or services.
14.2 STL shall indemnify and hold You and Your parent organizations,
subsidiaries, affiliates, officers, directors, employees, attorneys and agents
harmless from and against any and all claims, costs, damages, losses,
liabilities and expenses (including attorneys' fees and costs) arising out of
or in connection with a claim: (a) alleging that the Service directly infringes
a U.S. copyright, a U.S. patent issued as of the Effective Date, or a
registered U.S. trademark of a third party; (b) which if true, would constitute
a violation by STL of its representations or warranties; or (c) arising from
breach of this EULA by STL. STL shall have no indemnification obligation, and
You shall indemnify STL pursuant to this EULA, for claims arising from any
infringement arising from the combination of the Service Your Data or with any
of Your products, service, hardware or business process(s).
14.3 The foregoing obligations are conditioned on the party seeking
indemnification (the “Indemnified Party”): (a) giving the other party (the
“Indemnifying Party”) prompt notice of the relevant claim; (b) cooperating with
the Indemnifying Party, at the Indemnifying Party’s expense, in the defense of
such claim; and (c) giving the Indemnifying Party the right to control the
defense and settlement of any such claim (provided that the Indemnifying Party
may not settle or defend any claim unless it unconditionally releases the
Indemnified Party) of all liability. The Indemnified Party shall have the right
to participate in the defense at its expense.
15.0 Disclaimer of Warranties. STL AND ITS LICENSORS MAKE NO REPRESENTATION,
WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT.
STL AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE
SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN
COMBINATION WITH ANY HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICE WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA OR CONTENT WILL BE
ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ERRORS OR DEFECTS WILL BE
CORRECTED; OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS
PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS
AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY STL AND ITS
LICENSORS. STL AND ITS LICENSORS FURTHER DISCLAIM ANY LIABILITY, OBLIGATION,
RESPONSIBILITY OR WARRANTY WITH RESEPCT TO THIRD PARTY GOODS AND SERVICES
AVAILABLE THROUGH THE SERVICE.
16.0 Not a Substitute for Professional Advice. The Service provides information
about real estate and aspects of the law and accounting about real estate
investing. However, this information is not the same as advice from a licensed
professional, whether it be a real estate broker, lawyer and/or certified
public accountant who can apply his/her expertise and experience to Your
specific circumstances. Although STL strives to make sure the Content is
accurate and useful, You should consult an expert for professional assurance
that the information and Content on the Service, and Your interpretation of it,
is appropriate to Your particular situation and comply with all applicable
laws. The Service is not a substitute for personalized advice from a real
estate broker, lawyer or certified public accountant licensed to practice in
Your area. You are solely responsible for ensuring that the Content and any
third party goods and services You may utilize are accurate, up to date,
suitable for your use, and comply with all applicable laws. You acknowledge
that You have not entered into this EULA in reliance upon any warranty or
representation except those specifically set forth herein.
17.0 Internet Delays. The availability of the Service depends on many factors,
including Your connection to the Internet, the availability of the Internet and
the Internet backbone, and equipment that, by its nature, is not fault
tolerant. STL will use reasonable efforts to make the Service available 24
hours per day, 7 days per week, except for scheduled maintenance downtimes, and
will use commercially reasonable efforts to promptly investigate any problems
that You report to STL. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND
AGREE THAT THE SERVICE IS SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS
INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. STL IS NOT
RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM
SUCH PROBLEMS.
18.0 Limitation of Liability. EXCEPT IF YOU VIOLATE STL’S INTELLECTUAL PROPERTY
RIGHTS, AND FOR OBLIGATIONS ARISING UNDER SECTION 14, IN NO EVENT SHALL EITHER
PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM
YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE
TO SUCH CLAIM. IN NO EVENT SHALL STL AND/OR ITS LICENSORS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA,
REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY
WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR
INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE
SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE
IN THE CONTENT, EVEN IF YOU HAVE PREVIOUSLY ADVISED STL OF THE POSSIBILITY OF
SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of
implied warranties or limitation of liability for incidental, consequential or
certain other types of damages, so the exclusions set forth herein may not
apply to You.
19.0 Local Laws and Export Control. The Service’s website provides services and
uses software and technology that may be subject to United States export
controls administered by the U.S. Department of Commerce, the United States
Department of Treasury Office of Foreign Assets Control, and other U.S.
agencies and the export control regulations of the European Union. You
acknowledge and agree that the site shall not be used, and none of the
underlying information, software, or technology may be transferred or otherwise
exported or re-exported to countries as to which the United States and/or the
European Union maintains an embargo (collectively, "Embargoed Countries"), or
to or by a national or resident thereof, or any person or entity on the U.S.
Department of Treasury's List of Specially Designated Nationals or the U.S.
Department of Commerce's Table of Denial Orders (collectively, "Designated
Nationals"). The lists of Embargoed Countries and Designated Nationals are
subject to change without notice. By using the Service, You represent and
warrant that You are not located in, under the control of, or a national or
resident of an Embargoed Country or Designated National. You agree to comply
strictly with all U.S. and European Union export laws and assume sole
responsibility for obtaining licenses to export or re-export as may be
required.
This site may use encryption technology that is subject to licensing
requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts
730-774 and Council Regulation (EC) No. 1334/2000 STL and its licensors make no
representation that the Service is appropriate or available for use outside the
United States.
20.0 Notice. STL may give notice by means of a general notice on the Service,
electronic mail to Your e-mail address on record in STL's account information,
or by written communication sent by first class mail or pre-paid post to Your
address on record in STL's account information. Such notice shall be deemed to
have been given upon the expiration of 48 hours after mailing or posting (if
sent by first class mail or pre-paid post) or 12 hours after sending (if sent
by email). You may give notice to STL (such notice shall be deemed given when
received by STL) at any time by any of the following: letter sent by confirmed
facsimile to STL at the following fax number: (650) 240-3812; letter delivered
by nationally recognized overnight delivery service or prepaid certified mail,
return receipt requested to STL at the following address: SalesTeamLive, LLC,
1255 Treat Blvd., Suite 950, Walnut Creek , CA 94597.
21.0 General.
21.1 This EULA shall be governed by California law and controlling United
States federal law, without regard to the choice or conflicts of law provisions
of any jurisdiction, and any disputes, actions, claims or causes of action
arising out of or in connection with this EULA or the Service shall be subject
to (and the parties hereby agree to submit to) the exclusive jurisdiction of
the state and federal courts located in Contra Costa County and the Northern
District of the State of California. This EULA will not be subject to or
governed by the United Nations Convention of Contracts for the International
Sale of Goods.
21.2 This Agreement may not be assigned by You without the prior written
approval of STL but may be assigned without Your consent by STL to: (a) a
parent or subsidiary; (b) an acquirer of assets; or (c) a successor by merger.
Any purported assignment in violation of this section shall be void.
21.3 No text or information set forth on any purchase order, preprinted form or
document (other than an Application Form, if applicable) shall add to or vary
the terms and conditions of this EULA. If any provision of this EULA is held by
a court of competent jurisdiction to be invalid or unenforceable, then such
provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the invalid or unenforceable provision(s), with all other
provisions remaining in full force and effect.
21.4 No joint venture, partnership, employment, or agency relationship exists
between You and STL as a result of this EULA or use of the Service.
21.5 The failure of STL to enforce any right or provision in this EULA shall
not constitute a waiver of such right or provision unless acknowledged and
agreed to by STL in writing.
21.6 This EULA, together with Your Application Form, comprises the entire
agreement between You and STL and supersedes all prior or contemporaneous
negotiations, discussions or agreements, whether written or oral, between the
parties regarding the subject matter contained herein.
BY CLICKING ON THE "UPLOAD" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS END
USER LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AS
THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND STL,
SUPERCEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER
COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. YOU
ALSO REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF ANY CREDIT CARD USED TO
PAY FOR THE SERVICE. ANY ATTEMPTS TO USE CREDIT CARDS FOR FRAUDULENT PURPOSES
WILL BE PUNISHABLE BY ALL LAWS AND PENALTIES. STL RESERVES THE RIGHT TO
PROSECUTE ANY FRAUDULENT ACTIVITY TO THE FULLEST EXTENT OF THE LAW.
Questions or Additional Information: If You have questions regarding this EULA
or wish to obtain additional information, please send an e-mail to
info@salesteamlive.com.