EstateSalesMLS.com a DGLM, Inc. owned company
PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS:
Description of the Service
EstateSaleMLS.com provides estate sales, liquidation, auctions, pop-up Companies and private sellers a platform to promote their sales, company and upcoming events as well as other products and services. The majority of these products and services are free, thus provided at no cost. At anytime should a product or service with a cost involved it will be clearly marked as being such. EstateSalesMLS.com also allows Individuals and private sellers (anyone not licensed in the business of estate sales or auctions for others) to post an upcoming event for a fee. Prospective buyers may access, via our website EstateSalesMLS.com, the upcoming sales information and photos free of charge and without being required to register. All Buyers that would like to receive notifications of sales in their area may opt-in at no cost to our newsletter and receieve, via email and push notifications sales and other related information.
Listing Feed Service
EstateSalesMLS.com provides a free automatic feed to a company's listing data. This feed service allows a company to post upcoming events to the EstateSalesMLS.com website and to have those listings displayed on their Company's website. If the Company chooses to publicly display the data from our free or paid Listings Feed you must display the EstateSalesMLS.com link from our lisiting feed referencing the listing in the code on the Company's website. Upon the expiration and or conclusion of any event, listing, sale, auction or pop-up the related content is subject to deletion from our website.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the EstateSalesMLS.comWebsite and your relationship to the Service. This Agreement may be modified from time to time by EstateSalesMLS.com and such modifications will be effective immediately upon the posting on the website by EstateSalesMLS.com. By accessing the EstateSalesMLS.com Website or by becoming a Member or as a User, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
By accessing the Website or becoming a Member or User, you consent to have this Agreement provided to you in electronic form. In order to access and retain this electronic Agreement, you must have access to the internet also known as the World Wide Web, either directly or through devices that access to web-based content, and pay any service fees associated with such access. Additionally you must have all the equipment necessary to make such a connection to the internet or the World Wide Web, including a computer and modem or some other access device. Please feel free to print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it to into any word processing program or add it to your browsers favorites. You have a right to a paper copy of this Agreement. If you would like a paper copy of out terms and conditions please email us at [email protected] with your mailing address.
You are solely responsible for your interactions with other EstateSalesMLS.com Registrants, Users and Members.
EstateSaleMLS.com owns and retains all proprietary rights of the Website content and of the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of EstateSalesMLS.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
No Resale or Redistribution of Service
Except as expressly authorized by EstateSalesMLS.com, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service or the Software, use of the Service, or access to the Service or computer code that powers the Service (hereafter know as the "Software").
We respond promptly to all notices of claimed copyright infringement and terminate any users or account holders who are ''repeat infringers''. Pursuant to the Digital Millennium Copyright Act, we respond to notices of copyright infringement if they conform with the requirements of 17 USC 512(c) by including the following information:
- The signature of a person authorized to act on behalf of the owner of the infringed copyright;
- Identification of the copyrighted work or works claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
- Information reasonably sufficient to permit the us to contact you (e.g., the address, telephone number, or email address);
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and
- A statement signed under penalty of perjury, that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Notices must be sent to EstateSalesMLS.com 4446 Hendricks Ave Ste 1A, Jacksonville, FL 32207
Grant of License
Companies who sign up with EstateSalesMLS.com, give EstateSaleMLS.com and its employees the license to access their estate sale listing information and re-distribute that information on EstateSalesMLS.com. By registering with EstateSalesMLS.com, the company represents that they have the authority to authorize EstateSalesMLS.com's use of this information regardless of any posted copyright notices. The company will be responsible for verifying that the information posted on EstateSalesMLS.com is correct, whether it was posted by the company or by EstateSalesMLS.com. EstateSalesMLS.com disclaims any liability for errors, omissions, or changes. Companies may use the EstateSalesMLS.com service without granting this license, by notifying EstateSalesMLS.com in writing.
Company hereby grants the following license:
- to access and reproduce upcoming estate sale, auction, liquidation or pop-up information found on the company's own webite;
- to access and reproduce upcoming estate sale, auction, liquidation or pop-up information that the company has posted on any third-party website.
You must provide your legal full name, a valid email address, and any other information requested in order to complete subscription/registration process. You must provide a valid email address to become a Registrant/Member. You are responsible for maintaining the security of your account and password. EstateSalesMLS.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
This website's content is intended for adults and we will not knowingly collect personal information from children under 18 years of age. If you are a parent or legal guardian of a child under age 18 who you believe has submitted personal information to this site, please contact us at immediately at [email protected] or on our Contact form. You must be at least eighteen (18) years of age to subscribe EstateSalesMLS.com. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
You must be a human. Accounts registered or created by ''bots'' or any other unauthorized automated methods are not permitted and will be deleted.
Blocking of IP Addresses
In order to protect the integrity of the Service, EstateSalesMLS.com reserves the right at any time in its sole discretion to block Registrants, Members and Users from certain IP addresses from accessing the Website.
Registration, Subscription & Pricing:
You may be come a Registered Company, Member or User at no cost. As a Registered Company, you will have the ability to post listings and images, and access the listing feed service. In order to promote your company on our website and access referrals from sellers who are looking to hire an estate liquidation or pop-up company, you must pay a subscription fee. There are two types of company subscriptions - Premium and Featured. A Premium subscription will allow your name to appear in our directory of professional estate sale companies. Your name will also be available to potential sellers that fill out our referral form when they are looking to hire a company or service. A featured subscription will allow your Company name to appear in our directory of professional estate sale, liquidation and pop-up companies. In addition your logo and company information it will appear in a featured listing at the top of the directory in your state or category. Upon the expiration and or conclusion of any Premium or Featured event, listing, sale, auction or pop-up the related content is subject to deletion from our website.
Subscriptions: Charges on your Billing Account.
General. You agree to pay EstateSalesMLS.com the subscription fee (''Subscription Fee'') specified in the sign up page during the subscription Period (''Subscription Period''). The Subscription Period varies depending on the plan you sign up for. We currently offer either monthly or annual subscriptions.
Payment Method. A valid credit card or PayPal account is required to subscribe to the Service. EstateSalesMLS.com bills you through a secure online account (your ''Billing Account') for use of the Service. We have an SSL certificate that prohibits your sensitive credit card information from being intercepted. Your complete billing information is not stored on EstateSalesMLS.com servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay EstateSalesMLS.com for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize EstateSalesMLS.com to charge your chosen credit card or PayPal account (your ''Payment Method'') for the Service. You agree to make payment using that selected Payment Method. If EstateSalesMLS.com does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.
Auto-Renewal of Your Subscription Period. You will be entitled to receive the Service only during the subscription period (''Subscription Period') specified on your Billing Form. Monthly subscriptions will automatically renew at the end of your subscription period until cancelled by you. You will not receive further notice of auto-renewal.
Modifications to Service
EstateSalesMLS.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EstateSalesMLS.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Disclaimers of Warranties
EstateSalesMLS, the Website and the Service are provided ''AS-IS'' and on an ''AS-AVAILABLE'' basis. EstateSalesMLS.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. EstateSalesMLS.com cannot guarantee and does not promise any specific results from the use of the Website and/or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by EstateSalesMLS.com or submitted to EstateSalesMLS.com. Use of the Website and the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. EstateSalesMLS.com cannot and does not guarantee compatibility with other systems and hardware.
Certain content includes materials from third parties. In addition, EstateSalesMLS.com may provide links to certain third-party Websites. You acknowledge and agree that EstateSalesMLS.com is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because EstateSalesMLS.com has no control over such sites and resources, you acknowledge and agree that EstateSalesMLS.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that EstateSalesMLS.com is not in any way responsible for any such use by you.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will EstateSalesMLS.com be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EstateSalesMLS.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to Registrants, Members or Users; or (vi) any inaccurate or out-of-date content published on the Website; or (vii) any other matter relating to the Service. Nothwithstanding any provision to the contrary, EstateSalesMLS.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to EstateSalesMLS.com in the twelve (12) months prior to the claimed injury or damage.
Disclaimers and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.
You agree to indemnify and hold EstateSalesMLS.com, its affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of EstateSalesMLS.com's or any third party's rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
This Agreement will remain in full force and effect while you use the Website and/or are a Member/User. You may cancel your Membership at any time, for any reason. EstateSalesMLS.com may terminate your Membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to EstateSalesMLS.com. If EstateSalesMLS.com terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of EstateSalesMLS.com. EstateSalesMLS.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. EstateSalesMLS.com reserves the right to refuse service to anyone for any reason at any time.
Jurisdiction and Choice of Law
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, for the resolution of any such dispute.
The failure of EstateSalesMLS.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and EstateSalesMLS.com and govern your use of the Service, superseding any prior agreements between you and EstateSalesMLS.com (including, but not limited to, any prior versions of the Terms of Service).
Any questions or concerns about the Terms of Service should be sent to [email protected]