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Agreement:
The submission of information to, and use of, the real estate information services (collectively, the “Service”) available through the SSRealty.com web site (located at http://SSRealty.com) is subject to the following terms and conditions (the “Terms and Conditions” or the “Agreement”). BY accessing information from, the Service, YOU, the end user customer (“Customer”), AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Stafford Smith Realty (“SSRealty” or the “Company”).

If you do not agree to these Terms and Conditions, do not access information from, the Service. All questions concerning this Agreement should be directed to Ray Smith, Stafford Smith Realty, 630 Broad Street, Shrewsbury, NJ 07702. Additions and modifications in the terms and conditions are subject change without notice.

GENERAL

Privileges?

Access privileges are granted by SSRealty to individuals (users) exclusively and are granted specifically to the registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate agency or information service is permitted to access any of the Password Protected Areas of the SSRealty web site without express written permission from SSRealty. Access privileges cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered individual without the express written permission of SSRealty. SSRealty requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the SSRealty system. Users are not permitted to share their individual logon information with others. SSRealty 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 SSRealty website, or abuses their rights related to the SSRealty service. Upon registration, which is free, Individual becomes a user. A user may search the SSRealty property and prospect listings service, and will receive a subset of results of the available properties or prospects/customers matching the user’s designated search parameters. ??

SSRealty utilizes email as a vital and primary communication channel with users/customers. Registered users, hereby acknowledge and grant SSRealty the permission to communicate with users/customers via email (as well as other communication channel such as phone and fax) for any purposes SSrealty determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. SSRealty will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will SSRealty have any liability for sending any email to its registered users/customers.

Use of Information

Customer agrees to treat all information obtained from the Service, including listings, customer list, and any information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to SSRealty. Customer agrees that Content reserved for users will be maintained as confidential and shall be protected as a trade secret of SSRealty. SSRealty does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s/user’s own risk. Customer may access the active property listings in the Service information solely to obtain initial information from which further evaluation and investigation may commence.

All information on SSRealty.con and provided to Customer/user is PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY SSREALTY, CUSTOMER/USER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Customer/user shall limit access to and use of active property listings, prospect/customer list/directory to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the SSRealty web site and information contained therein as part of any effort to compete with SSRealty, including without limitation using the SSRealty Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential SSRealty customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the SSRealty Web Service. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their access and will be assessed an excessive use fee of $500.

Nature of Customer’s/User’s Business

If Customer/user or an Affiliate of Customer owns properties and intends to market them via the SSRealty Service or Prospect List, such Customer represents to SSRealty that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.

Unsolicited Email (Spam)

SSRealty prohibits the use of our system or its tools to generate or send unsolicited email (spam).

Ownership and License

SSRealty retains all rights (including Intellectual Property Rights as defined below), title and interest in the SSRealty Web site, Prospect List technology and brochures, Email service and all electronic technology that operates the SSRealty website, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer/user will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of SSRealty’s technology or delete or alter author attributes or copyright notices. Customer shall use the SSRealty solely for their own use and shall not allow others to use the SSRealty system under or through that Customer’s login ID/email and password.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired. ?

Limitation of Liability and Indemnification

IN NO EVENT SHALL SSREALTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy, and SSRealty’s entire liability under this Agreement shall be a refund to Customer of the fees (if any) paid to SSRealty, and in no event will SSRealty’s liability for any reason exceed such fee. SSRealty (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s/user’s use of the listings, and Customer shall indemnify SSRealty (and SSRealty’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Services or the Deliverables.

Warranty Disclaimers

THE LISTINGS, SERVICE, RECENT SALES INFORMATION, AND SSREALTY MARKET REPORTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SSREALTY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENTSALES INFORMATION, OR SSREALTY MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND SSREALTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATE, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

Links to Third Party Sites

The SSREalty.com web site may contain hyperlinks to other web sites operated by parties other than Stafford Smith Realty and its subsidiaries which are beyond SSRealty’s control. Parties other than SSRealty may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use SSRealty’s logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the SSRealty site. SSRealty does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. SSRealty does not assume any liability for the actions, product, and content of all of these and any other third parties. SSRealty makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the SSRealty site, the site you will land on is not controlled by SSRealty and different terms of use and privacy statements may apply. SSRealty also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of Stafford Smith Realty aka SSRealty

Customer agrees that SSRealty shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by SSRealty customers and partners. SSRealty shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. SSRealty shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. SSRealty reserves the right to modify or change any and all terms and conditions at any time.

Copyright Complaints

If you believe that your work has been copied onto SSRealty.com in a way that constitutes copyright infringement, please provide SSRealty’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying SSRealty that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on SSRealty, with identifying information for the listing, if applicable;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Governing Law

This Agreement, and the Deliverables provided by SSRealty, shall be governed by the laws of the State of New Jersey, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Monmouth County, New Jersey for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.

Assignment

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of SSRealty, which retains the right to withhold consent in its sole discretion.

Notices

All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at SSRealty.

Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
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