Terms of Service (TOS)
Effective Date: December 4th, 2019
Leslie Crenshaw, d/b/a Middle GA Real Estate Specialist, (“http://www.middlegarealestatespecialist.com/”) owns and operates this website. Each time you use or cause access to this website, you agree to be bound by these Terms of Service, as amended from time to time with or without notice to you. This document governs your relationship with http://www.middlegarealestatespecialist.com/ (“Website”). Access to, and use of, this Website and the products and/or services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable for any reason if this Website is unavailable at any time or for any period. From time to time we may restrict access to some parts or all of this Website.
II. Our Services
Our Website and Services are provided to you on and through our Website on an “AS IS/WHERE IS” basis with no warranties or guarantees of any kind, expressed or implied. You agree that the Owners of this Website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this Website and its Services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
IV. Your Responsibilities and Registration Obligations
In order to use this Website, you must or may be asked to register on our Website and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Service and Amendments or other modifications made by us from time to time and available here.
V. Registration and Password
You are responsible for maintaining the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your registration user account, or password.
VI. Your Conduct and Prohibitions
You agree that our Website may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this Website, nor for any error or omission.
You must not misuse this Website. You agree, in using this Website or any of the Services provided, that you shall not:
a) Provide any Content or perform any Conduct to commit or encourage a criminal offense, give rise to civil or criminal liability, or otherwise be unlawful/illegal on a local, national or international level (including, but not limited to, laws relating to copyright, trademark, patent, or trade secrets). Further, you may not engage in verbal or physical actions that either are, or considered to be, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, or pornographic.
b) Attempt or to affect the performance or functionality of any computer facilities of or accessed through this Website, interfere or interrupt this Website or any Services provided by transmitting or distributing a virus, Trojan worm, logic bomb, any other destructive or deleterious programming routine, or any other material which is malicious, technologically harmful, corrupts data, and/or hacks into any aspect of this Website or its Services.
c) Collect or harvest any data about other users, infringe upon the rights of any other person’s proprietary rights, provide or use this Website and any Content or Services in any commercial manner or in any manner that would involve any unsolicited advertising or promotional material (commonly referred to as “spam”), junk mail, chain letters, pyramid schemes, or any other form of unauthorized advertising with prior written consent.
Breaching any of these provisions would constitute a criminal offense and http://www.middlegarealestatespecialist.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
VIII. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICES”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS/WHERE IS” AND EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMTED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESSED, THAT ANY PART OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
IX. Disclaimer and Limitation of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law http://www.middlegarealestatespecialist.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation or the cost of procurement or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statue, at common law or otherwise. This does not affect http://www.middlegarealestatespecialist.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR AIRISING OUT OF (i) THE USE OF OR THE INABILITY TO USE THE SERVICES, (ii) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO, ON, OR THROUGH THE SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (v) ANY OTHER MATTER REALTING TO THE SERVICES. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
X. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our Website, its Content, and the Goods and Services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making Services available to you and you will have no rights to make any commercial uses of our Website or Services without our prior written permission.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the homepage. We reserve the right to withdraw linking permission without notice.
XI. Notification of Copyright Infringement and Disclaimer as to Ownership of Trademarks, Images of Personalities and Third Party Copyright
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the Products and Services and is in no way an assertion that such Products or Services are endorsed by or connected to http://www.middlegarealestatespecialist.com.
If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following email address:
XII. Intellectual Property, Software and Content
The intellectual property rights in all software and Content (including photographic images) made available to you on or through this Website remains the property of http://www.middlegarealestatespecialist.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by http://www.middlegarealestatespecialist.com and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on this Website, nor may you use any such Content in connection with any business or commercial enterprise.
XIII. TERMS OF SALE
By placing an order, you are offering to purchase a Product/Services on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and/or are subject to any delays resulting from postal delays or force majeure or which we will not be responsible.
In order to contract with http://www.middlegarealestatespecialist.com you must be over eighteen(18) years of age and possess a valid credit or debit card issued by a bank acceptable to us, or verified PayPal account in good standing, or dedicated banking account acceptable to us and owned by you for ACH/Online Check transactions. http://www.middlegarealestatespecialist.com retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be http://www.middlegarealestatespecialist.com or may in some cases be a third party. Where a contract is made with a third party, http://www.middlegarealestatespecialist.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the payment form rendered to secure the order, and that there are sufficient funds to cover the cost(s) of the Goods/Services. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) OUR CONTRACT
When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the Goods/Services which you have ordered have been dispatched or otherwise released to you. Only those Goods/Services listed in the confirmation email sent at the time of dispatch/release will be included in the contract formed.
(b) PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Goods/Services which you have ordered, we will inform you of them as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Goods/Services, you will receive a full refund. Delivery, handling, and/or applicable taxes will be charged in addition; such additional charges are clearly displayed where applicable and are included in the ‘Total Cost’.
Upon receiving your order, we carry out a standard authorization check on your payment method to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your payment method shall be treated as a deposit against the value of the Goods/Services you wish to purchase. Once the Goods/Services have been dispatched or released and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of Goods/Services you have purchased as listed in the confirmation email.
XIV. Invalidity and Applicable Law
You agree that under this Terms of Service and any dispute arising out of this Website or our Products/Services shall be governed by and construed in accordance with local laws where the headquarters of http://www.middlegarealestatespecialist.com is located, without regard to its conflict of law provisions. By registering and using this Website and Services you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of http://www.middlegarealestatespecialist.com is located.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected; all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
(i) IN THE EVENT THAT THIS TERMS OF SERVICE CONFLICTS WITH ANY LAW UNDER WHICH ANY PROVISION MAY BE HELD INVALID BY A COURT WITH JURISDICTION OVER THE PARTIES, SUCH PROVISION WILL BE INTERPRETED TO REFLECT THE ORIGINAL INTENTIONS OF THE PARTIES IN ACCORDANCE WITH APPLICABLE LAW, AND THE REMAINDER OF THESE TERMS OF SERVICE WILL REMAIN VALID AND INTACT; (ii) THE FAILURE OF EITHER PARTY TO ASSERT ANY RIGHT UNDER THIS TERMS OF SERVICE SHALL NOT BE CONSIDERED A WAIVER OF ANY PARTY’S RIGHT AND THAT RIGHT WILL REMAIN IN FULL FORCE AND EFFECT; (iii) YOU AGREE THAT WITHOUT REGARD TO ANY STATUE OR CONTRARY LAW THAT ANY CLAIM OR CAUSE ARISING OUT OF THIS WEBSITE OR ITS SERVICES MUST BE FILED WITHIN ONE(1) YEAR AFTER SUCH CLAIM OR CAUSE AROSE OR THE CLAIM SHALL BE FOREVER BARRED; (iv) WE MAY ASSIGN OUR RIGHTS AND OBLIGATIONS UNDER THIS TERMS OF SERVICE AND WE SHALL BE RELIEVED OF ANY FURTHER OBLIGATION.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
http://www.middlegarealestatespecialist.com shall have the right in its absolute discretion, at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
By continuing to browse or otherwise access/utilize the Website, you signal acceptance to the Terms of Service, Disclaimer, and Indemnity set out above. If you do not accept any of these terms, leave this Website now.
XIX. ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and http://www.middlegarealestatespecialist.com. Any waiver of any provision in the Terms of Service will be effective only if in writing and signed by a Director of http://www.middlegarealestatespecialist.com.