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Land.Net Terms and Conditions


Effective January 15, 2006

General Terms and Conditions

Your use of the Land.Net Website (hereinafter "Website") is subject to the following Terms and Conditions (hereinafter "Terms and Conditions"). By submitting information to, or accessing information from Website, you, the end user (hereinafter "User") agree to the following Terms and Conditions. These Terms and Conditions are a legal agreement between you and Land.Net, Inc. (hereinafter "Land.Net").

Land.Net may update these Terms and Conditions at any time and without notice. The latest version of the Terms and Conditions is available on the Website. Your use of Land.Net constitutes your binding acceptance of these Terms and Conditions, including any modifications that we make.

If you do not agree to these Terms and Conditions, do not submit information to, or access information from, Website. All questions concerning these Terms and Conditions should be directed to: Land.Net, Inc., 1655 Flatbush Avenue, Brooklyn, NY 11210.

Land.Net's Terms and Conditions applies to the following network of Websites:

www.land.net
www.landnet.com
www.landnet.us
www.builtforus.com
www.builtforus.net
www.builtforus.org
www.apartmenthouse.net
www.mallforsale.com
www.motelhotel.net
www.re-mall.com
www.cncb.com
www.projectfund.com

About Land.Net

Land.Net is a licensed real estate broker and a registered corporation in New York State in the United States of America. As such, Land.Net is permitted to collect a referral fee from licensed real estate brokers in their respective jurisdictions. Land.Net owns and operates the Website.

Land.Net allows Users (collectively Buyers, Sellers and Brokers) to search property listings posted by private sellers (hereinafter "Seller") and by licensed real estate brokers and agents (hereinafter "Broker"). Private Sellers and Brokers (hereinafter "Advertiser") may advertise properties for sale and for lease/rent and businesses for sale (hereinafter "Listings"). Land.Net provides member Brokers and Sellers with referrals from member Buyers.

Privacy Policy

All of the information that we collect from you, including information submitted during the registration process, is subject to our privacy policy. Please click here to see our full Privacy Policy.

Land.Net Membership

User agrees to supply Land.Net with information about themselves and the property they want to sell or lease/rent or are looking to buy or lease/rent. Land.Net will use this information within Land.Net and to provide certain details on an anonymous and a non-anonymous basis to registered Land.Net Users. User may also agree to have the information he/she has supplied to Land.Net forwarded to Brokers or Sellers referred by Land.Net. By registering for Land.Net services, User consents to receive Email from Land.Net. User also consents to receive emails from other Land.Net Users when required, to deliver a requested service.

User agrees that all of the information you have provided to Land.Net, whether on-line or otherwise, is accurate and complete. Land.Net reserves its right to terminate or suspend access to any User information that is alleged to be inaccurate or misleading. For example, Users who provide non-working phone numbers and/or invalid email addresses may be terminated immediately. If required by the terms of the Land.Net service requested by User, you authorize Land.Net to forward your information to its network of real estate professionals according to the terms of the Land.Net service that you use.

Membership privileges are granted by Land.Net to individuals exclusively and are granted specifically to the registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the password-protected areas of the Website without express consent from Land.Net. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express consent of Land.Net. Land.Net requires that each registered User maintain a valid email address, phone number and a username and password, which shall be utilized for logging on to the Land.Net system. Members are not permitted to share their individual logon information with others. Land.Net has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the Terms and Conditions herein, refuses to abide by the listing policies as posted and displayed on the Website, or abuses their rights related to the Land.Net service.

Submission and Administration of Listings

Advertisers are permitted to advertise Listings on the Website. Registered Buyers are not permitted to advertise Listings. Advertiser agrees not to submit any property descriptions, photographs, financial, contact or other information that is included in the Listing to Land.Net, unless the Advertiser has received all necessary rights and permissions, including but not limited to, from the photographer and/or copyright owner of photographs, to publish and advertise the Listing on the Website. Advertiser agrees not to submit a photograph if Advertiser received the photograph under the terms of a license that does not permit posting of the photograph on the Website. Land.Net may, in its sole discretion, but without any obligation to search for, remove Listings that are alleged to have been submitted in violation of this provision. Land.Net will, in its sole discretion, terminate the accounts of, and refuse service to, any Advertiser who repeatedly or knowingly violates this Agreement. Additionally, the Advertiser agrees to allow the Listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by Users of Website. Land.Net shall have the sole authority to choose the manner in which any Listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Website and Land.Net shall have the right to modify the Listing in the exercise of its rights under this Agreement. The Advertiser agrees to the following: 1) all Listings provided by the Advertiser will be accurate; (2) If Advertiser is a Broker, Advertiser will not permit the posting of a Listing on the Website under a name other than the named Broker that is authorized by the property owner to market the Listing; (3) To update Listings provided by the Advertiser and maintain their accuracy at all times; (4) Advertiser will not provide false information and/or engage in schemes in an attempt to defraud Land.Net Users. Any Advertiser caught engaging in such activity will be terminated immediately and his records shall be turned over to the proper authority. Land.Net reserves the right to remove all or any part of the Listings posted on the Website. Land.Net accepts no responsibility for checking the accuracy of Listings submitted by the Advertiser. While Land.Net shall take all reasonable efforts for data backup and business resumption, the Advertiser will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Land.Net.

Use of Information

User agrees that all information obtained from Land.Net, including listings, User contact information, calculators, (hereinafter, "Content") is proprietary to Land.Net. User agrees that Content is confidential and shall be protected as a trade secret of Land.Net. Land.Net Content has been secured from sources it believes to be reliable, but Land.Net makes no representation or warranties, expressed or implied, as to the accuracy of the information.
User agrees that Content provided by Land.Net is solely for general information purposes and it does not constitute real estate, legal, tax or other professional advice. You should consult a professional before acting on any information provided by Land.Net.

User agrees that Land.Net Listings are for personal use only and shall not be used on any other website or listing service, without the expressed consent of Land.Net.

Links to Third-Party Websites

Our Websites contain links to other Internet websites owned by third-parties. Your use of each of those websites is subject to the conditions, if any, that each of those websites has posted. Land.Net has no control over Websites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our Websites of any third-party content or a link to a third-party website is not an endorsement of that content or third-party website.

Indemnification

You hereby agree to indemnify, defend and hold Land.Net, Inc. and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "Land.Net Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Land.Net Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
1. Your use of our Websites;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, the quality, or the performance of content that you submit to our Websites;
4. Your connection to our Websites;
5. Your violation of these Terms and Conditions; or
6. Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimer

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our Websites. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies our Websites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR WEBSITES. OUR WEBSITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR WEBSITES WILL MEET YOUR REQUIREMENTS, (ii) OUR WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR WEBSITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEBSITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright Notice

All Content and graphics on our Websites are protected by U.S. copyright, international treaties, and other applicable copyright laws and may not be copied without the express permission of Land.Net, which reserves all rights. Reuse of any of Land.Net editorial content and graphics for any purpose without permission of Land.Net is strictly prohibited.
Permission to use Land.Net Content is granted on a case-by-case basis. Land.Net welcomes requests. Please visit our Contact page.
DO NOT copy or adapt the HTML or other code that Land.Net creates to generate pages. It also is covered by Land.Net's copyright.
As a regular part of our business, Land.Net displays advertisements and product listings from a wide variety of companies. Land.Net is not in a position to arbitrate disputes between the owners of intellectual property rights and companies who advertise or list their products on our Websites.
As a courtesy to owners of intellectual property rights, we are willing to perform a limited investigation of reasonable complaints. However, we provide no guarantee that we will remove the allegedly infringing materials from our Website.
We encourage the owners of intellectual property rights who believe their rights are being infringed by a company who advertises or lists its products on our Website to resolve their disputes directly with that company.

Copyright Claims

If you believe that your intellectual property rights have been violated by Land.Net or by a third-party who has included material on our Websites, please provide the following information to Land.Net:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Website;
3. An address, a telephone number, and an e-mail address where Land.Net can contact you and, if different, an e-mail address where the alleged infringing party, if not Land.Net, can contact you;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
6. Your electronic or physical signature.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. We may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

If you believe your copyrighted material is being used on the Website without permission, please notify Land.Net at:

Land.Net, Inc.
1655 Flatbush Avenue -Suite C2002
Brooklyn, NY 11210
+1-800-388-2585

If Your Materials Have Been Removed Based on the Complaints of Another Party

Land.Net will provide you with notice if your materials are removed due to alleged infringement of a third-party's intellectual property rights. We will also provide you with the e-mail address of the complaining party so that you may attempt to resolve the issue. We will restore your materials upon notification from the complaining party that the dispute has been resolved.

Additional Terms and Conditions For Buyers

The following additional Terms and Conditions apply to Sellers. Your registration with Land.Net and/or use of Land.Net's services constitutes your agreement to these additional Terms and Conditions. These Terms and Conditions are subject to change at any time, without prior notice:

Buyer agrees that some of his contact information and the Buyer Questionnaire will be transmitted by email to Broker or Seller, if Buyer requests additional information regarding a selected property. By clicking on the link "Get More Information" and then clicking on the "I Agree" button on the popup window, Buyer agrees to have this information transmitted to Broker or Seller. You may opt-out by clicking on the "I Disagree" button and your information will not be transmitted.

Buyer agrees that Land.Net makes no representation or warranties, expressed or implied, as to the accuracy of the information regarding any Listing. Buyer understands that Land.Net encourages Buyer to contact an attorney before sending money to any Broker or Seller.

Additional Terms and Conditions For Sellers

The following additional Terms and Conditions apply to Sellers. Your registration with Land.Net and/or use of Land.Net's services constitutes your agreement to these additional Terms and Conditions. These Terms and Conditions are subject to change at any time, without prior notice:

Seller agrees that Seller may be contacted by Brokers wishing to sell Seller's property. Seller is not obligated to work with any Broker or pay any fees to Broker, except as mutually agreed upon under a separate agreement between Broker and Seller.

Additional Terms and Conditions For Brokers

The following additional Terms and Conditions apply to Brokers. Your registration with Land.Net and/or use of Land.Net's services constitutes your agreement to these additional Terms and Conditions. These Terms and Conditions are subject to change at any time, without prior notice:

Broker agrees that Broker may be contacted by other Brokers wishing to sell Broker's listings. Broker is not obligated to work with any other Broker or pay any fees to other Broker, except as mutually agreed upon under a separate agreement between Brokers.

Questions regarding Terms and Conditions

If you have any questions regarding the Terms and Conditions, please contact:

Land.Net, Inc.
1655 Flatbush Avenue -Suite C2002
Brooklyn, NY 1121
+1-800-388-2585

or contact us by email on our Contact page.
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