Terms and Conditions of Use

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Acknowledgement and Acceptance of Terms

Your access to and use of ShopSmartRealty.com ("the Website") and all Services associated with Shop Smart Realty, LLC and Shop Smart Realty® is subject exclusively to these Terms and Conditions.

You acknowledge that no client level relationship has been established by visiting the ShopSmartRealty.com website.  

Any attempt to claim, establish, or conduct services on behalf of Shop Smart Realty®, Shop Smart Realty, LLC, or ShopSmartRealty.com, without direct written consent and acknowledgement from ownership will be subject to legal action.

You will not use the website, ShopSmartRealty.com, for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Services, website and any other products provided by Shop Smart Realty® and Shop Smart Realty, LLC., you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using the Services, website and any other products provided by Shop Smart Realty, LLC. and disassociate from Shop Smart Realty, LLC.

We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Services, website and any other products provided by Shop Smart Realty, LLC. and Shop Smart Realty® following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

Legal action will be taken for any infringement on trademark, trade names, and domain names contained therein.  Misuse of trademarks, trade names, and domain names contained therein or misinformation about Shop Smart Realty, LLC, Shop Smart Realty®, owners, employees or affiliates will be subject to legal action.

Services Provided

Services include the ShopSmartRealty.com website and all other functions provided by Shop Smart Realty, LLC.  This includes, but not limited to, real estate consulting services, real estate brokerage services, real estate property management services and real estate analytics on the online platform, ShopSmartRealty.com, and any other offline activities of the same nature provided by Shop Smart Realty, LLC.

The Services provided by Shop Smart Realty, LLC. or the ShopSmartRealty.com web platform are not for use by users under the age of 13. By registering for these Services, you warrant to us that you are over the age of 13, and that you shall not allow persons under the age of 13 to use or access these Services.

Any persons under the age of 18 using the web services, ShopSmartRealty.com, must have a parent or guardian present for any conversation about any services provided by Shop Smart Realty, LLC.  No client relationship will be established with anyone under the age of 18 directly.  A parent or guardian must be present and participate for any and all direct communication with Shop Smart Realty, LLC., and any member of the firm.

Right to Termination

We reserve the right to immediately and without notice suspend or terminate any of the Services provided by our website, ShopSmartRealty.com, or any services provide by our owners, employees or affiliates, if we reasonably believe that you have violated these Terms and Conditions. We have no obligation to provide you with notice of an alleged violation.  We may at any time, at our sole discretion, discontinue the Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Services. 

Privacy Policy

Our privacy policy has been established on a separate page.  See link below.  Included within the privacy policy is our use of cookies on our website and user acknowledgement of said use.  The reference to our privacy policy is to incorporate herein.

User Acceptable Use Policy

Users of this website agree to the following provisions as terms and conditions of use.

Legal action will be taken for any infringement on trademark, trade names, and domain names contained therein.  Misuse of trademarks, trade names, and domain names contained therein or misinformation about Shop Smart Realty, LLC, owners, employees or affiliates will be subject to legal action.

For purposes of these Terms of Use, our content is any information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials made available, displayed or transmitted over, by, or in connection with this website and Shop Smart Realty, LLC as a Company.  This includes information made available by means of an Internet "hyperlink", a third-party Web posting or similar means.  This content will also include any use of trademarks, trade names, service marks and domain names contained therein.

In using the services of Shop Smart Realty, LLC and the services on this website, ShopSmartRealty.com, you agree not to:

• threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others, including but not limited to, this company, Shop Smart Realty, LLC, its owners, employees or affiliates;

• publish, post, distribute or disseminate material or information that is tortious, libelous, defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful about, including but not limited to, this company, Shop Smart Realty, LLC, its owners, employees or affiliates; 

• make available or upload files that contain a virus, worm, trojan, corrupt data, or other code that damages, destroys or interferes with (or is intended to damage, destroy, or interfere with) the operation of the website, Services, or with any computer or property of another, including but not limited to, this company, Shop Smart Realty, LLC, its owners, employees or affiliates; 

• advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages; 

We our entitled to remove any material that breaches these Terms or Conditions, or deemed otherwise objectionable, at our discretion. 

You may not use the websites, Services, or any other Shop Smart Realty, LLC related content, to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party's) network, servers, computers, other control devices, software, or data, or to attempt to do any of the foregoing. 

Examples of system or network security violations include but are not limited to:

• Using any program, script, file, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication; except in the case of authorized legitimate network security operations, distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools; or programs that may damage the operation of another's network, system, computer or other property, including but not limited to, property of this company, Shop Smart Realty, LLC, its owners, employees or affiliates;

• Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network, including but not limited to, property of this company, Shop Smart Realty, LLC, its owners, employees or affiliates;

• Unauthorized monitoring, scanning or probing of networks or systems or any other action aimed at the unauthorized interception of data or the harvesting of e-mail addresses;

• Use any forged, false or misleading number identity, email header, invalid or non-existent domain names in email or postings nor employ techniques to hide, obscure or counterfeit the source of e-mail or other posting. 

Compliance With Laws

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet. 

You acknowledge that (i) the export, import, and use of certain software, and technical data that may be provided as part of this website, ShopSmartRealty.com, or any other Services provided by Shop Smart Realty, LLC, are subject to domestic and foreign U.S. laws (including the U.S. Export Administration Act and the regulations implemented thereunder by the U.S. Department of Commerce, the U.S. Foreign Corrupt Practices Act ("FCPA"), and all foreign laws similar to the FCPA) (all such laws and regulations collectively referred to herein as "Export Laws"), as the same may be amended from time to time, (ii) the transmission of Content via the Services may be subject to all domestic and foreign privacy laws applicable to the provision of Services (including the Electronic Communications Privacy Act (together with the Stored Communications Act),the Federal Trade Commission Act, the U.S. Patriot Act, the Children's Online Protection Act, state privacy laws (including the California Online Privacy Protection Act ("CalOPPA")), state wiretap laws, and, together with all respective federal and state regulations implementing those laws, as the same may be amended from time to time (all such laws and regulations collectively referred to herein as "Privacy Laws"), and (iii) agree to strictly comply with all Privacy Laws and Export Laws applicable, directly or indirectly, to your operation or use of the Services or your transmission of Content thereby. 

Indemnity

You agree to indemnify, defend and hold us harmless from and against (i) any and all Claims and Damages arising directly or indirectly (i) from any breach by you of these Terms and Conditions (ii) any Claim brought or threatened against us by any third party arising (a) out of your use of the Services or (b) by reason of or in connection with any Content submitted, posted or transmitted through the website, ShopSmartRealty.com or other Services provided by Shop Smart Realty, LLC, howsoever such Claims or Damages are suffered or incurred by us as a result of (i) or (ii) following. 

For purposes of this Section:

"Claim" shall mean any suit, claim, demand, cause of action, administrative, regulatory or judicial action, proceeding (including condemnation or appropriation proceedings), hearing,  request for information, litigation, written notice, arbitration, investigation, charge or complaint. 

"Damages" shall mean any and all injury, judgment, loss, penalty, interest, damage, liability, cost and expense, including reasonable attorneys’ fees and court costs incurred due to, as part of, or resulting from an asserted or threatened Claim. 

Intellectual Property Rights

Shop Smart Realty® is a federally registered trademark with the United States Patent and Trademark office.  Any improper use of the name Shop Smart Realty®, misrepresentation of Shop Smart Realty®, or unauthorized engagement under Shop Smart Realty®, will be subject to legal ramifications. 

The Services, the Website and content contained therein (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, and other intellectual property rights and laws. In accessing the website, ShopSmartRealty.com, and its services you agree that you will access the contents solely for your personal, non-commercial use. 

None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. We hereby grant you a limited, personal, and non-exclusive license to copy and/or print pages viewed through the Website or the Services for personal, non-commercial use only.

We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the website, ShopSmartRealty.com, or any other platform the Shop Smart Realty, LLC services are offered. The license shall be terminated when such Content is deleted from the Services.

Disclaimers and Limitations of Liability

Warrant Disclaimers:

• Use of this website, ShopSmartRealty.com, and its services is at your own risk.  Except as expressly provided in the terms of service and use, the website, ShopSmartRealty.com, the services and any other material provided by Shop Smart Realty, LLC, is 'As-Is' and no warranty, expressed or limited, with respect to these services and materials, including all warranty of title, merchantability, or fitness for a particular use and/or purpose, and all such warranties are hereby expressly disclaimed.

• We, Shop Smart Realty, LLC, and its owners, are not liable for any damages whatsoever to the extent arising directly or indirectly from or in connection with altered or lost message or transmissions or unauthorized access to or theft, alteration, damage, loss or destruction of your content, data, information, network or systems, programs, except to the extent that any of the foregoing is caused by our gross negligence or willful misconduct.

• Notwithstanding any provisions of this agreement to the contrary, we, Shop Smart Realty, LLC or its owners, shall not be liable to you for any special, incidental, indirect, punitive, or consequential costs, liabilities or damages.  Whether foreseeable or not, including economic loss or lost business or profits, damages arising from the use of performance of the website, ShopSmartRealty.com, or any other services provided by Shop Smart Realty, LLC. 
• Any interruption of service, or any delay, loss or error, of data of information arising in any manner out of, or in connection with, this agreement and a party's performance or nonperformance of its obligations under this agreement, regardless of the form of action, whether in contract or tort (including strict liability), all claims for which are hereby specifically waived.  To the extent such disclaimer is permitted by law, we hereby disclaim liability for any of the foregoing costs, liabilities or damages caused by our gross negligence.

You acknowledge that the services are not guaranteed to be free or secure from tampering, viruses or other security violations. 

Accordingly, we, Shop Smart Realty, LLC, hereby disclaim any and all liability or responsibility whatsoever for the security of the website, ShopSmartRealty.com, and services provided, whether or not you have implemented proper security protocol, including but not limited to, encryption, firewall protection, or any other internet security service or device.

You agree that the transmission or use of content via this website, ShopSmartRealty.com, and its provided services, is at your own risk.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State in which we maintain our headquarters. 

The references to "Realtor" and similar references are to an individual, corporation, partnership, limited liability company, limited partnership, limited liability partnership, or other legal entity, as the case may be. 

Captions and headings are for reference purposes only and are not substantive provisions. 

Severability

If any of these Terms and Conditions should be held or determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be deemed separate, distinct and independent. 

They are to be deemed severed and ineffective to the extent of such holding or determination, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.