Terms of Use

THE LIGHTER SIDE OF REAL ESTATE’S INNER CIRCLE TERMS OF USE

Last Modified: 10.28.2016

1. Introduction.

Welcome to the Lighter Side of Real Estate (or the “Company,” “our,” “we,” or “us”)! The Lighter Side of Real Estate is a website, service, and, when available, mobile application (the “Service”). The following Terms of Use (“Terms,” “Terms of Use,” or “Agreement”) apply when you view or use the Lighter Side of Real Estate website located at http://innercircle.lightersideofrealestate.com (the “Site”, part of the Service)) or in any way use or access any other components of the Service, including any future mobile application. Please review the following terms carefully prior to accessing the Service. BY ACCESSING OR USING THE SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHALL NOT ACCESS OR USE THE SERVICE.

2. Privacy Policy.

The Lighter Side of Real Estate respects and values the privacy of its users.  Please refer to the Company’s Privacy Policy found here: http://innercircle.lightersideofrealestate.com/privacy-policy, which explains how we collect, use, and disclose information that pertains to your privacy.  BY ACCESSING OR USING THE SERVICE, YOU SIGNIFY YOUR AGREEMENT TO OUR PRIVACY POLICY.  IF YOU DO NOT AGREE TO OUR PRIVACY POLICY, YOU SHALL NOT ACCESS OR USE THE SERVICE.

3. About the Service.

The Lighter Side of Real Estate is a content hub of comical, satirical, and informational materials related to all aspects of the real estate industry. Users can view various forms of digital content, which we create as original material and/or gather from other sources. The purpose of the Service is to provide real estate agents and other real estate professionals with content to reach actual and potential customers. Members are permitted to share content from our Site to their social networks using their own branding. Our Site also uses automation technology to connect to members’ social media accounts; and, using such technology, members can have content automatically posted on their behalf. Any content posted on a member’s behalf is limited to content selected by the member, and is based on a member’s authorization and sole discretion, and as provided under the Privacy Policy. Finally, as part of the Service the Lighter Side of Real Estate offers its members certain discounts from third-party vendors.

4. Site Updates and Class Information

While we will make every effort to keep the Site as up to date as possible, we make no guarantee that information on the Site is accurate or current.

5. Eligibility to Accept Terms of Use.

You must be at least 18 years old and a resident of the United States to register on the Site and to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements herein. IF YOU DO NOT MEET ALL OF THE ELIGIBILITY REQUIREMENTS HEREIN, YOU SHALL NOT ACCESS OR USE THE SERVICE.

6. Grant of Use.

By using the Service, you are not granted any exclusive rights to or ownership of any content obtained from the Service, and you are not permitted, now or at any time in the future, to reproduce, duplicate, copy, sell, resell, redistribute or exploit any content obtained from the Service, except as permitted under these Terms of Use or with express written permission by Lighter Side of Real Estate. Subject to these Terms of Use, we hereby grant you a limited, revocable, personal, non-sublicenseable, non-transferable, and non-exclusive license to access and use this Service and the material herein for your limited and personal, access and use. The Company reserves the right to refuse service to anyone for any reason at any time. The Company, in its sole discretion, may terminate your right to use the Services with or without cause at any time, and may prevent your future use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. In the event of any termination of this Agreement, your account will be deactivated and/or deleted, resulting in a forfeiture and relinquishment of all content in your account. The limitations on your use of the Services shall survive such termination, and you agree to be bound by those terms.

7. Subscription Fees, Cancellation and Refund Policy.

Subscription Fees
Credit card holder’s account is automatically charged on the same date as the original transaction date on each corresponding month or on final date of month if no corresponding date (e.g. January 31, 2015 subscription renews on February 28, 2015). Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates. Lighter Side of Real Estate may terminate the subscription and these terms if it is unable to renew the subscription based on inaccurate or outdated credit card information. Right of access granted under these Terms is effective only upon payment of the subscription fees. Lighter Side of Real Estate may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that Lighter Side of Real Estate provides notice at least thirty (30) calendar days prior to the expiration of the subscription.

Cancelling Account
You can cancel your subscription from your account settings page. The only valid method for canceling your subscription is via the cancellation link provided on your user “Account Settings” page, accessible after logging in to the Lighter Side Inner Circle Website. Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation. Once you cancel your membership subscription, you will not lose access immediately. Your membership will continue through the end of your current charge cycle. For example: If your credit card is charged on the 10th of the month and you cancel on April 25th, you will not lose access until the May 10th.

Refunds
Subscription fees are non-refundable; except that you may cancel your subscription by contacting Lighter Side of Real Estate within thirty (30) calendar days after the initial payment and receive a full refund of the 1st term subscription fee, or within two (2) calendar days after the renewal date and receive a full refund of that renewal subscription fee.

8. Prohibited Uses.

Your grant of use to this Service is conditioned upon the following use restrictions and conduct restrictions, and you agree that you will not under any circumstances:

  • in any way violate any applicable federal, state, local, or international law or regulation;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • use the Service to advertise or publish to, or otherwise reach, a target audience consisting of real estate agents or other related real estate professionals;
  • make any automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; or
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data.

9. User’s posting of content from the site to other internet venues.

You may post Content from the Lighter Side of Real Estate to other internet venues (subject to the rules and terms of use of those other venues). You are solely responsible for all content that you obtain from the Service. The Company neither guarantees nor warrants that any content obtained from the Service complies with state or federal laws or regulations. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Lighter Side of Real Estate.

10. Content posted on behalf of Users.

You may select content to be posted by the Company on your behalf, using your accounts on other internet platforms (e.g., social media). Content will only be posted on your behalf with your express authorization. If you so authorize, content posted on your behalf will only consist of content selected by you. No content will be posted on your behalf without your requisite authorization and selection. You are not required to use the Service’s automatic posting feature. You are responsible for all properly authorized Content posted on your behalf. The Company has the right, in its sole discretion, to suspend or discontinue its automatic posting feature of the Service at any time.

11. Discounts from third-party vendors.

We occasionally coordinate and notify members of promotions and discounts for goods and services offered by third-party vendors (the “Vendor Offeror”). Any such discounts or promotions are subject to the terms and conditions imposed by the Vendor Offeror. We do guarantee the discounts we advertise to members on behalf of a Vendor Offeror, but we do not insure your satisfaction with any products or services offered by any Vendor Offeror. You acknowledge that the Vendor Offeror may, at its sole discretion, change the terms or conditions of any promotion or discount at any time. We expressly disclaim any representation or warranty as to the price, quality, merchantability, fitness for any particular purpose, or otherwise, of any good or service offered by a Vendor Offeror. You acknowledge and agree that we will not be liable for any claim, demand, or cause of action arising from or related to any Vendor Offeror discounts or promotions.

12. Copyright Complaints and Copyright Agent.

A. All content that you post on the Service is must comply with U.S. copyright law, depending on jurisdiction.

B. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at 2601 La Frontera Blvd. #2121, Round Rock, TX 78681, USA:

  1. The date of your notification;
  2. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13. Intellectual Property.

You acknowledge and agree that the Company and our licensors retain a license to utilize any and all intellectual property of any kind that you post to the Site, including applicable copyrights, trademarks, and other proprietary rights.  Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

14. E-mail Not Sufficient to Provide Notice.

Communications made via e-mail or other electronic form, will not constitute legal notice to the Company or any of its officers, employees, agents, or representatives in any situation where notice to the Company is required by contract or any law or regulation.

15. User Consent to Receive Communications in an Electronic Form.

For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you may be asked to submit; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.  The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Company and special offers. You may opt out of such email by sending us a message at: 2601 La Frontera Blvd. #2121, Round Rock, TX 78681, USA.

*Opting out may prevent you from receiving messages regarding the Company or special offers.

16. Warranty Disclaimer.

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SERVICES.

SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

17. Disclaimer.

You hereby acknowledge and affirm that you are solely responsible for the decision to participate in any of the Services, and furthermore acknowledge and affirm that the Lighter Side of Real Estate, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers shall in no way be responsible for any actual or alleged claims of intellectual property infringement as a result of your decision to post or otherwise reuse any of the content offered as part of the Services. Claims related to any alleged copyright infringement will be handled in the manner set forth in Section 12 above.

18. Limitation of Damages and Release.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

19. Modification of Terms of Use.

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  It is your sole responsibility to check the Site from time to time to view any such changes to the Agreement.  If you continue to use the Services, you signify your agreement to our revisions to these Terms of Use.  However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration.  For this additional reason, you should keep your contact and profile information current.  Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.  No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

20. General Terms.

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement shall be construed consistent with applicable law. The remaining portions shall remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement shall not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.

You hereby agree that any cause of action related to, or arising out of, your relationship with the Company must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action shall be permanently barred.

These Terms of Use and your use of the Services are governed by the federal laws of the United States of America and the laws of the state of Texas, without regard to conflict of law provisions.

The Company may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company’s prior written consent bearing the physical signature of an officer of the Company. Any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS OF USE. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AT http://innercircle.lightersideofrealestate.com/privacy-policy, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

21. Indemnification.

You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, misuse of the Services, violation of any law, or the rights of a third party; such indemnification shall include any loss suffered by the Company as a result of your use of the Services or your use of content provided by the Services.

22. Waiver of Jury Trial.

EACH OF THE PARTIES WAIVES ITS RIGHTS TO A TRIAL BY JURY OF ALL CLAIMS OR CAUSES OF ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR ARISING OUT OF THIS AGREEMENT BROUGHT BY EITHER PARTY AGAINST THE OTHER. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS OF OR MODIFICATIONS TO THIS AGREEMENT.

23. Waiver of Class Action.

All claims between the parties related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Services.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

24. Waiver of Compliance with Terms.

Even if we do not require strict compliance with these Terms of Use in each instance, you are still obligated to comply with these Terms of Use. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Terms of Use, or the failure to require, at any time, performance by you of any of the provisions of the Terms of Use, will in no way waive your obligation to comply with any of the provisions of the Terms of Use or our ability to enforce each and every such provision as written.

Any and all waivers by the Company of any provision, condition, or requirement of the Terms of Use will only be effective against the Company if it is in writing and signed by an authorized officer of Palmetto Marketing Co. LLC, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

25. Assignment and Delegation.

You may not assign or delegate any rights or obligations applicable to you under these Terms of Use. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, the Company for any third party that assumes our rights and obligations under this Agreement.

26. Entire Agreement and Severability.

These Terms of Use, together with the Privacy Policy and any other additional terms and conditions, legal notice, or policies published by the Company, constitute the entire agreement between you and the Lighter Side of Real Estate concerning the Services. Except as explicitly stated herein, if any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

27. Section Headings, Fonts, and Styles.

The section headings, fonts, and styles used in these Terms of Use are for convenience only and have no legal or contractual effect.