TERMS AND CONDITIONS:
The submission of information to and the use of the commercial real estate listings available through MontanaCommercialRealEstate.com is subject to the following terms and conditions. By submitting to the site and/or accessing information from the site, registered Members agree to the following TERMS and CONDITIONS. These TERMS and CONDITIONS are a legal agreement between Rim Advertising, Inc. (Company) and any member or affiliate member of the MontanaCommercialRealEstate.com. web site. If you do not agree with these TERMS and CONDITIONS, do not submit information or access information from MontanaCommercialRealEstate.com. For information regarding this agreement, submit inquiries to: MontanaCommercialRealEstate.com-TERMS and CONDITIONS, Rim Advertising, Inc., PO Box 80644, Billings, MT 59108.
SUBMISSION AND ADMINISTRATION OF LISTINGS:
Members agree to submit materials to MontanaCommercialRealEstate.com. only if proper authorization, rights and/or legal permissions have been granted by the legal owner(s) of such materials. This includes, but is not limited to, any property descriptions, photographs (including, but not limited to, digital, original or reproductions), financial, contracts or other information. The Company may, at its own discretion, and without obligation, remove any such property, images or other items not in compliance with proper legal authorization or permission. The Company shall also, at its own discretion, terminate any membership repeatedly out of compliance. The company will have sole discretion regarding how the information/listing will be searched, displayed, accessed, downloaded, copied or otherwise used on MontanaCommercialRealEstate.com.
The member submitting any materials must:
º Be a Licensed Realtor.
º Have a current membership in good standing with MontanaCommercialRealEstate.com.
º Be the current legal representative of the property.
º Agree to be responsible for updating and maintaining any listing he/she posted.
º Agree to be responsible for the removal of any listing that is no longer current or any listing for which said member is no longer the listing agent.
º Agree to obtain a signed release from the buyer and the seller allowing the sold property to become archived.
The Company takes no responsibility to maintain, update, correct, or remove listings. The Company shall not be liable for any errors, misrepresentations of information submitted, lack of documentation or any disregard by members in following listings restrictions. The Company accepts no responsibility for reviewing, researching or, in any way, qualifying the information posted by a member.
OWNERSHIP AND LICENSE GRANT
Rim Advertising, Inc. retains all rights, including intellectual property rights, title and interest, to the MontanaCommercialRealEstate.com web site and the database and information stored in it. Member 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 sequence of MontanaCommercialRealEstate.com. technology, its database, author or member attributes, or copyright notices. Member in good standing will maintain the right to upload onto the MontanaCommercialRealEstate.com database and retrieve information as defined in the Terms and Conditions.
USE OF INFORMATION:
Only Members (as opposed to Affiliate Members and "users") have sole access to entire listings. Members agree to use this information for personal and internal purposes only. Members agree to treat all information and listings obtained from MontanaCommercialRealEstate.com as proprietary of the Company. Members agree that any information, database access and/or listings reserved for Members be considered confidential. Members agree not to publish, broadcast, distribute, or publicly display any of the listings in full or part. Members agree not to promote any of the listings on MontanaCommercialRealEstate.com to prospects or clients (potential or otherwise) without the exclusive and verified permission of the listing agent. The Company does maintain the right, with permission of the Member, to publish his/her listing and/or information from the MontanaCommercialRealEstate.com database in the Montana Commercial Real Estate Publication. Because it is the Member's responsibility to maintain his/her listing on MontanaCommercialRealEstate.com, the company will not be liable for information on the database that is not current, accurate, and/or authorized.
Memberships are offered in two categories: Members and Affiliate Members.
º Members, are licensed Realtors, real estate companies or real estate developers.
º Members are provided a password for access to the MontanaCommercialRealEstate.com database to input listings, images, and other information.
º Members have access to the current listings in the MontanaCommercialRealEstate.com database.
º Members have access to the "business-to-business" communication/email system.
º Affiliate membership is available to individuals and companies providing products or services associated with commercial property (title companies, appraisers, banks and other lending institutions, insurance companies and agencies, exchanges, and so forth) and to parties that are directly or indirectly associated with commercial properties but are not, commercial Realtors.
º Affiliate members have access to the "business-to-business" communication/email system.
º Affiliate members may purchase banner or business card ads on the site.
Members agree to pay for services as specified in the current rate card as of the date of initiation or renewal. Payment terms are monthly or annual, as noted in the rate card, and are agreed to mutually by the Member and Rim Advertising, Inc. Membership payments, whether on a monthly or yearly basis, are non-refundable. Cancellation in the first 90 days of a contract will be subject to a $25 cancellation fee.
NATURE OF CUSTOMER BUSINESS
Members of MontanaCommercialRealEstate.com must be licensed Realtors/Developers. Any listing or listings made accessible by a Member on MontanaCommercialRealEstate.com must have proper and legal authorization by the owner(s) of the property. The Member(s) listing the property must be the authorized broker(s) of the property and must provide adequate documentation in the case of legitimate allegations to the contrary.
LIMITATIONS OF LIABILITY AND INDEMNIFICATIONS
The Company shall not, in any event, 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, loss of data, or interruption of business). The Company takes no responsibility for any down time due to technical problems, meteorological conditions, acts of war or acts of God. The Member's exclusive remedy is the refund of membership fees. The Company's only, and entire, liability under this agreement shall be the refund of membership fees. At no time will the Company's liability exceed the cost of membership. The Company will not be liable for any damages whatsoever arising from Member use of the deliverables. Members shall not indemnify the Company, its owners, employees, MontanaCommercialRealEstate.com or its agents. Members will hold the Company, its owners, employees, MontanaCommercialRealEstate.com or its agents harmless against any and all costs, damages or losses caused by any other Member or visitor to the sight. The Company shall not be liable for any misuse of membership, errors, outdated information, lack of documentation or failure to follow listing restrictions, as posted by the listing agent, and expresses no warranty for any information posted or any service offered.
The listing and services are provided "as is" without warranty of any kind. MontanaCommercialRealEstate.com makes no promises, representations, or warranties, either express, implied, statutory, or otherwise, with respect to the listings or service, accuracy, operation, conformity to any representation or description, or the existence of any latent or patent defects. MontanaCommercialRealEstate.com specifically disclaims all implied warranties of merchantability, noninfringement and for a particular purpose.
OTHER RIGHTS OF MontanaCommercialRealEstate.com
Members agree MontanaCommercialRealEstate.com shall have the right to use the listings and other information submitted to the database for any purpose, including, without limitation, for publication on the world wide web for unrestricted use by Members of MontanaCommercialRealEstate.com. The Company shall have authority and design over how the listings are received, displayed and/or used by the service. The Company reserves the right to remove all or part of any listing or to refuse service at the Company's sole discretion. The Company has no obligation to resolve any disputes among Members and/or Affiliate Members or any other user of the service. Nor does the Company have any obligation to monitor or verify the accuracy or proper use of the information placed on the site.
The deliverables provided by MontanaCommercialRealEstate.com shall be governed by the laws of the state of Montana, without reference to conflict of legal principles. The parties hereby consent to the exclusive jurisdiction and venue of the state and federal courts of Yellowstone County, Montana. 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. 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 the customer without the prior written consent of MontanaCommercialRealEstate.com, which consent shall not be unreasonably withheld. 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. All notices to the Company must be in writing and must be sent by registered mail, certified mail, or overnight mail with a return receipt requested of the owner at Rim Advertising, Inc.
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