TERMS OF USE AGREEMENT
These
Terms of Use will govern your use of VRClubonline, LLC's products, services and
web sites (referred to collectively as the "Services" in this document).
Throughout the Terms of Use we refer only to VRClubonline, LLC to make reading
these Terms of Use easier.
Please read these Terms of Use Agreement ("Agreement") carefully. By accessing
VRClubonline, LLC's Services, you agree to be bound by the terms and conditions
below. These provisions form an essential basis of our bargain. If you do not
agree to these terms and conditions, do not access VRClubonline, LLC's Services.
Your agreement with VRClubonline, LLC will also include any additional terms for
a particular Service, in addition to this Agreement. Where additional terms
apply to a service, these will be accessible for you to read either within, or
through your use of, that Service. If there is any contradiction, those
additional terms take precedence in relation to that Service.
REALTY SERVICES VRClubonline, LLC, LLC is an Alabama limited liability
company. Real estate programs are administered by VRClubonline, LLC, with a
licensed real estate broker as a member. The programs may be available on
modified terms, or may be prohibited, in certain jurisdictions. The programs may
vary by region or state. Other restrictions may apply.
All of the information you have provided in your referral form is true and
complete. You authorize VRClubonline, LLC to forward your information to its
network of real estate professionals. You further understand and agree that by
selecting a real estate company or professional, you are extending an express
invitation for them to contact you by telephone at the numbers you have
provided, and you hereby consent to any such calls even if your phone number is
on the Do Not Call list. In addition, by completing and submitting a request for
more information regarding a real estate listing or requesting contact with a
real estate professional, you understand and agree that you are extending an
express invitation to real estate professionals to call you by telephone at the
numbers you have provided, and you hereby consent to any such calls even if your
phone number is on the Do Not Call list. You understand that these real estate
professionals may keep the information you submit whether or not you communicate
with them regarding a real estate listing and whether or not you complete a real
estate transaction with them. Real estate programs are administered by
VRClubonline, LLC, with a licensed real estate broker as a member.
In certain geographic areas, VRClubonline, LLC lists and sells properties. With
this website VRClubonline, LLC only collects and distributes to a local licensed
real estate agent or broker the inquires received from the website.
VRClubonline, LLC acts as a referring broker by referring you to a local real
estate broker, and for its services, VRClubonline, LLC receives a real estate
brokerage referral fee of up to 25% of the local broker's commission. Your use
of VRClubonline, LLC's Services constitutes your agreement with this
compensation arrangement.
CREATE AN ACCOUNT/REGISTRATION
By creating an account or otherwise registering with VRClubonline, LLC, you
hereby understand and agree that you have established a business relationship
between you and VRClubonline, LLC, LLC, which is the owner of this site. As
such, you agree that VRClubonline, LLC may contact you using information you
provided with information and offers of services available through VRClubonline,
LLC and any of its web sites. You hereby consent to any such communication or
phone calls even if your phone number is on any Do Not Call list.
DISCLAIMERS AND LIMITATIONS
VRClubonline, LLC intends that the information and content contained in this web
site be accurate and reliable; however, errors sometimes occur. In addition,
changes and improvements to the information provided herein may be made by
VRClubonline, LLC at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." VRCLUBONLINE, LLC
AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS
WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE
AND/OR VRCLUBONLINE, LLC'S SERVICES IS AT YOUR OWN RISK. VRCLUBONLINE, LLC
AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR
VRCLUBONLINE, LLC'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB
SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH
THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER
RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VRCLUBONLINE, LLC AND/OR ITS
SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
INDEMNITY
As a condition of use of VRClubonline, LLC's Services, you agree to indemnify
VRClubonline, LLC and its suppliers and real estate professionals from and
against any and all liabilities, expenses (including attorneys' fees) and
damages arising out of claims resulting from your use of VRClubonline, LLC's
Services, including without limitation any claims alleging facts that if true
would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
VRClubonline, LLC's Services may contain links to web sites maintained by third
parties. Such links are provided for your convenience and reference only.
VRClubonline, LLC does not operate or control in any respect any information,
software, products or services available on such web sites. VRClubonline, LLC's
inclusion of a link to a web site does not imply any endorsement of the services
or the site, its contents, or its sponsoring organization.
ERRORS AND DELAYS VRClubonline, LLC is not responsible for any errors or
delays in responding to a referral form which may be caused by an incorrect
e-mail address provided by you or other technical problems beyond our reasonable
control.
GOVERNING
LAW, VENUE; WAIVER OF TRIAL BY JURY
This agreement shall be deemed entered into in the State of Alabama. You agree
that any action relating to or arising out of this Agreement shall be brought in
the courts of Baldwin County, Alabama. You agree to waive the right to trial by
jury in any proceeding that takes place relating to or arising out of this
Agreement.
OTHER TERMS
This Agreement constitutes the entire agreement between you and VRClubonline,
LLC and it supersedes all prior or contemporaneous communications, promises and
proposals, whether oral, written or electronic, between you and VRClubonline,
LLC with respect to the Services. This Agreement shall be subject to and
construed in accordance with the laws of the State of Alabama, excluding its
conflict of laws principles. If any part of this Agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid
enforceable provision that most closely matches the intent of the original
provision, and the remainder of the Agreement shall continue in effect. A
printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in
printed form. All rights not expressly granted herein are reserved.
REPRESENTATIONS AND WARRANTIES
You, or the individuals who electronically execute this Agreement on behalf of
You hereby represent and warrant that they have the right, power, legal capacity
and appropriate authority to enter into this Agreement, and that they own and
have not transferred to any other person or entity any of the rights, claims or
interests that are the subject of this Agreement. You represent and warrant that
You are 18 years of age or older, or that You have an agent authorized by law to
represent You who is 18 years of age or older who is entering into this
Agreement on Your behalf. You warrant that each action You make is being done so
in good faith and that You have no knowledge of it infringing upon or
conflicting with the legal rights of a third party or a third party's trademark
or trade name.
SEVERABILITY
You agree that the terms of this Agreement are severable. If any part of
this Agreement is determined to be unenforceable or invalid, that part of the
agreement will be interpreted in accordance with applicable law as closely as
possible, in line with the original intention of both parties to the Agreement.
The remaining terms and conditions of the Agreement will remain in full force
and effect.
WAIVER
The failure of VRClubonline, LLC to enforce any of the provisions within this
Agreement or its incorporated agreements and policies against You or others
shall not be construed to be a waiver of the right of VRClubonline, LLC
thereafter to enforce such provisions.
FORCE MAJEURE
VRClubonline, LLC will make every effort to keep its Web site and Services
operational. However, certain technical difficulties and other factors outside
of its control may, from time to time, result in temporary service
interruptions. You agree not to hold VRClubonline, LLC liable for any of the
consequences of such interruptions.
NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
ENTIRE AGREEMENT
You agree that this Agreement constitute the complete and only Agreement between
You and VRClubonline, LLC regarding the use of its services contemplated herein.