Nvestwork.com Terms of Use

Last Updated April 18, 2008.
 
1. Agreement- The Nvestwork, Inc. ("Nvestwork") website is available to real property purchasers and sellers as well as to agents and is stipulated upon your acceptance without modification of the terms, conditions and notices contained in these Terms and Conditions. As a User, your access and/or use of this Web site establishes your express agreement to all such terms, conditions and notices. If you do not agree with these Terms and Conditions, you are not authorized to use this Web site. It is recommended that you link to and review these Terms and Conditions because your continued usage of this Web site indicates your agreement with any revisions to these Terms and Conditions. In this Agreement, we refer to the Nvestwork Service as the "Service", to you as the "User", "You" and/or "Yourself", to this agreement as the "Agreement", and to this website as this "Site".
2. Accounts and Registration- In order to fully access this Service, you will be required to create an account. This account will be used to facilitate communications between sellers of real property and potential purchasers of real property. Each time you desire to access real estate listings on this website, you will be required to login to your account. If you open an account at Nvestwork, you accept full responsibility for all activities that occur under your account or password, and agree not to sell, transfer, or assign your account or any account rights. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to unauthorized users. Nvestwork reserves the right to terminate your account at anytime for any reason.
The Site acts as a passive conduit for the on-line distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified of communications, which allegedly do not conform to the Terms and Conditions, the Company may investigate and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
To use certain features of the Site, you must register with Nvestwork.com and create a username and password through the Site's registration process. You agree (a) to provide true, accurate, current and complete information about yourself, and (b) to maintain and promptly update the information you provide. You are responsible for maintaining the confidentiality of your password and account information and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. If you provide or Nvestwork.com has reasonable grounds to believe you have provided untrue, duplicate or inaccurate information or not current or incomplete information, Nvestwork.com has the right to suspend or terminate your access through your username and password.
In order to use the Site's services you will be required to provide a valid email address. In accordance with the terms and conditions set forth in any privacy policy on this Site, Nvestwork.com will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.
Except for any disclosure by you for technical support purposes or as specified in our Privacy Policy, all communications from you to this Site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Nvestwork.com will be deemed the property of the Company and the Company shall be entitled to full rights of ownership, including, without limitation, unrestricted right to use or disclose such feedback in any form, medium or technology known now or developed later, and for any purpose, commercial or otherwise, without compensation.
3. Use of Materials- The contents of this Site, (including text, graphics, images, logos, button icons, HTML code, software, intellectual property and other Material) are the property of Nvestwork, Inc., its content suppliers or clients and are protected by U.S. and international copyright laws. In addition, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is equally protected.
The use of Site's Materials on any other web site, networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws. You may use, view, print and/or download one copy of the Materials from this Site on any single computer solely for your personal, informational, non-commercial use within your organization, provided you keep intact all copyright and other proprietary notices. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission from Nvestwork, Inc.
4. Relationship- Nvestwork is an Internet forum that facilitates communications between sellers of real property and potential purchasers of real property. Nvestwork acts solely as a venue for sellers and purchasers of real property to exchange information regarding real property with the goal of connecting sellers and purchasers of real property ("Nvestwork Data"). Nvestwork does not guarantee that Users will successfully sell real property through the Service. Nor does Nvestwork guarantee the willingness of a seller to sale its real property or the consummation of any transaction between a seller and purchaser. In order to provide a valuable forum whereby sellers may successfully market the sale of real property, Nvestwork does not involve itself in the agreements between sellers and purchasers of real property or the actual sale of real property. The User and not Nvestwork is solely responsible for assessing and verifying the integrity, honesty, and trustworthiness of all persons and information provided by such persons with whom the User communicates with on this Site.
5. User Submissions and Conduct- As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You acknowledge that any reliance on material posted by other users will be at your own risk. All information, data, text, software, photographs, graphics, video, messages or other materials publicly posted or privately transmitted are the sole responsibility of the originator or person from which such material emanates. You also permit any subscriber or user to access, display, view, store and reproduce such content for personal use.
When you post a listing or otherwise provide us with material for display on the web site, you are granting Nvestwork.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. Any hyperlinks contained in a posting submitted by a user may be disabled when posted on the Site at the full discretion of our staff.

You must not, and by using this web site you agree not to:

(1) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity;
(2) post material that is in violation of the Fair Housing Act: (The Fair Housing Act prohibits housing  discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin.  Its coverage includes private housing, housing that receives Federal financial assistance, and State  and local government housing. It is unlawful to discriminate in any aspect of selling or renting  housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an  individual associated with the buyer or renter, or an individual who intends to live in the residence.  Other covered activities include, for example, financing, zoning practices, new construction design,  and advertising. The Fair Housing Act requires owners of housing facilities to make reasonable  exceptions in their policies and operations to afford people with disabilities equal housing  opportunities. For example, a landlord with a "no pets" policy may be required to grant an exception  to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair  Housing Act also requires landlords to allow tenants with disabilities to make reasonable access- related modifications to their private living space, as well as to common use spaces. The Act further  requires that new multifamily housing with four or more units be designed and built to allow access  for persons with disabilities. This includes accessible common use areas, doors that are wide enough  for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and  other adaptable features within the units.);
(3) post a sexually-explicit image or statement;
(4) post chain letters or pyramid schemes;
(5) impersonate another person, including, but not limited to an Nvestwork.com official, or falsely  state or misrepresent your affiliation with a person or entity;
(6) post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other  computer programming routines or engines that are intended to damage, detrimentally interfere  with, surreptitiously intercept or expropriate any system, data or information;
(7) post, email, or transmit any material that you do not have a right to make available under any  law or under contractual or fiduciary relationships;
(8) post, email, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk  mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(9) harvest the email addresses or contact information of Nvestwork.com users for the purpose of sending unsolicited advertising;
(10) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(11) post material that harms minors in any way; or
(12) stalk or otherwise engage in any conduct that harasses another.
6. Real Estate Agents and Brokers- If you are a real estate agent, real estate broker, or an entity or individual (collectively "Agent") using the Site to assist a purchaser or seller in a transaction involving real property, which under applicable state or local law requires a valid license, you represent and warrant that you are a reputable Agent with a current and valid license to perform the services in the service area in which you are participating in the transaction for which such a license is required. Please review each listing regarding any restrictions with respect to requests for information from an Agent.
7. Confidentiality- User is responsible for clearly identifying confidential information in writing. Nvestwork and its employees acknowledge a duty to keep confidential and protect the secrecy of confidential information that is identified by User in writing, at least to the same level of protection afforded to Nvestwork's own confidential information. Confidential information does not include any information which (i) was in the public domain prior to execution of this Agreement, (ii) was already known by Nvestwork, or (iii) is disclosed to Nvestwork by third parties. By submitting your personal information and not identifying such information in writing as confidential you hereby grant to Nvestwork a royalty-free license to use and disclose this information in accordance with Nvestwork Privacy Policy and this Agreement. Please review Nvestwork's Privacy Policy before submitting any personally identifiable information to Nvestwork. In using the Service you warrant, represent, and agree that: (i) you will provide Nvestwork with truthful and accurate information and will promptly inform Nvestwork of any required updates to such information; (ii) you are of legal age (18 or over in most states) and are otherwise capable of forming a legally binding contract; and (iii) if you sign up with Nvestwork as a potential buyer or seller, you represent and warrant and agree that you are interested in being contacted by Users about the purchaser real property.
8. Linking- The Site contains links to other World Wide Web Internet sites as a convenience to you. Nvestwork.com is not responsible for the availability of these outside resources or their contents. The inclusion of such a link does not imply endorsement of the site or its contents or any association with its operators. Nvestwork.com is not responsible for the accuracy, copyright compliance, legality, decency or appropriateness of the content, nor the advertising, products or other materials on such sites. Under no circumstances shall Nvestwork.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use or reliance on any content, goods or services available on such third party sites. If you decide to access linked third party web sites, you do so at your own risk. Any concerns regarding any third-party web site should be directed to its respective site administrator or webmaster. Nvestwork.com reserves the right to terminate any link or linking program at any time.
You may provide links only to the homepage of Nvestwork.com or to content you have submitted, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the Site or the advertisements, the copyright notice, or other notices on this site, (b) you give Nvestwork.com notice of such link by contacting us and (c) you discontinue providing hot links to Nvestwork.com if notified by Nvestwork, Inc.
Nvestwork.com disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.
9. Copyright and Trademark- The trademarks, service marks and logos of Nvestwork.com and others used in this web site ("Trademarks") are the property of Nvestwork.com and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms and Conditions of Use grants any right to use (by implication, waiver, estoppels or otherwise) any Trademarks without the prior written permission of Nvestwork.com or the respective owner.
10. NO WARRANTIES- ALTHOUGH NVESTWORK TRIES TO PROVIDE INFORMATION THAT IS USEFUL, NVESTWORK CANNOT POSSIBLY INSURE THE ACCURACY OF ANY NVESTWORK DATA. YOU SHOULD NOT RELY ON ANY NVESTWORK DATA IN ANY SITUATION IN WHICH ITS INACCURACY WOULD CAUSE YOU TO SUFFER ANY SIGNIFICANT LOSS. NVESTWORK MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR SUITABILITY OF ANY NVESTWORK DATA, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU BELIEVE THAT YOUR USE OF ANY NVESTWORK DATA, OR ANY CONTENT HAS CAUSED ANY HARM TO YOUR COMPUTER OR OTHER EQUIPMENT OR TO ANY DATA OF YOURS, NVESTWORK HAS NO RESPONSIBILITY FOR SUCH HARM OR FOR WHATEVER STEPS YOU NEED TO TAKE TO FIX IT. You acknowledge that certain laws and regulations place restrictions upon telemarketing activities, including but not limited to permitting a telephone subscriber to give public notice that he/she does not wish to receive sales solicitation telephone calls. NVESTWORK DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE NAMES AND/OR TELEPHONE NUMBERS OF ANY SUCH TELEPHONE SUBSCRIBERS HAVE BEEN IDENTIFIED ON OR DELETED FROM ANY LIST SUPPLIED TO YOU.
11. LIMITATION OF LIABILITY- NVESTWORK SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT YOU OR ANY OTHER USER OF THE SITE MAY SUFFER IN CONNECTION WITH OR AS A RESULT OF USING THIS SITE, ANY NVESTWORK DATA, REGARDLESS OF HOW SUCH DAMAGES MAY ARISE AND WHETHER NVESTWORK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification- User will defend, indemnify, and protect Nvestwork from any and all claims, demands, causes of action, damages, judgments, losses, liabilities, costs, and expenses in any way arising out of, connected with, or resulting from its use of the Service. Costs and expenses include but are not limited to attorney fees, court costs, expert witness fees, and other costs and expenses related to litigation. This obligation is for the benefit of and is binding upon the parties hereto, their successors, heirs and personal representatives, including third party entities owned or controlled by either party. This obligation also extends to third parties that claim to be damaged due to User use of the Service. User shall notify Nvestwork immediately once it learns of any claim under this Agreement.
13. Governing Law- This Agreement is made under and shall be governed by the laws of the state of Utah. Any dispute or disagreement arising under, because of, or incident to the making, performance, or satisfaction of this Agreement shall be governed by the laws of the state of Utah.
14. Arbitration- Any controversy or claim arising out of or relating to this Agreement or the use of Nvestwork' services shall be settled by non-binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Salt Lake County, Utah, with judgment on the arbitration award being entered by any court having jurisdiction over the matter. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Salt Lake County, Utah, necessary to protect the rights or property of such party pending the completion of arbitration. This arbitration clause does not prohibit either party from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction solely Third Judicial District, Salt Lake City, Utah.
15. Consent to Jurisdiction- All parties and signatories to this Agreement, in both their individual and representative capacities, do hereby consent to personal jurisdiction within the state of Utah and waive any and all rights to dispute personal jurisdiction in the event any dispute or disagreement arises as a result of this Agreement.
16. Choice of Venue- Both parties, for their mutual convenience, and recognizing that this provision is a condition precedent to Nvestwork entering into this Agreement, hereby consent and agree to institute any legal action that may arise as a result of this Agreement, solely in the Third Judicial District, Salt Lake City, Utah. User further agrees that if its staff or employees are necessary witnesses to any legal proceeding hereunder, User will be responsible for ensuring that such person is present and available for any legal proceeding in Salt Lake City for a reasonable time to the extent that is within User's control. User further agrees that it will bear all costs and expenses of ensuring such witnesses are present and available in Salt Lake City, and agrees that it will not object to the choice of venue as result of those costs and expenses.
17. Modification of Terms and Conditions- Nvestwork reserves the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modification, alteration or change shall become effective immediately upon posting thereof. User is responsible for reviewing the Agreement on a regular basis to keep Yourself apprised of any changes, alterations and/or modifications.
18. Term and Termination- Nvestwork reserves the right to remove any and all information and or content on the Site and to Cancel any and all services provided on or through the Site. Moreover, if Nvestwork has reason to believe you are in breach of these terms and conditions or any other obligation owed to Nvestwork, Nvestwork may without limiting any other remedies, in its sole discretion, delete any information you have posted or otherwise placed on the Site and terminate your use of the Site.
19. Binding Effect; Assignments- This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns and legal representatives. User shall not, and user has neither the right nor the power to, assign this Agreement to any other person or entity without the advance written consent of Nvestwork. In the event that User merges with any other entity, changes its name, or otherwise transforms into a new entity, this Agreement shall be deemed binding upon and enforceable against such new or other entity. Nvestwork may, at is sole option, assign its rights or obligations hereunder, provided that any third party beneficiaries or third party delegates agree in writing that each such assignment to which the third party beneficiaries or third party delegates are parties is subject to the applicable terms and conditions of this Agreement.
20. No Third Party Beneficiaries- Nothing in this Agreement is intended or shall be construed to give any person, other than the parties hereto, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.
21. Paragraph Numbers and Headings- Headings and paragraph numbers have been inserted herein solely for convenience and reference and shall not be construed to affect the meanings, construction or effect of this Agreement.
22. Construction- Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa.
23. Default- If either party defaults in any of the covenants or agreements herein contained, the defaulting party shall pay all costs and expenses, including reasonable attorneys' fees, incurred by the other party in enforcing its rights arising under this Agreement, whether incurred through legal action or otherwise and including attorney fees incurred in enforcing any arbitration award or decision.
24. Severability- If and to the extent that any court of competent jurisdiction holds any provision or any part hereof to be invalid or unenforceable, such holding shall in no way affect the validity of the remainder of this Agreement.
25. Waiver- No failure by either party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement, or to exercise any right or remedy upon the breach thereof, shall constitute a waiver of any breach of this Agreement.
26. General- The Agreement incorporates by reference Nvestwork's Privacy Policy and the Agreement constitutes the entire Agreement between the parties with respect to the subject matter. All prior Agreements, representations, statements, negotiations, and undertakings are superseded hereby.
27. Attorney Fees- In any action or proceeding arising out of or related to these Terms and Conditions, the prevailing party shall be entitled to its reasonable attorneys' fees and related costs, including fees and costs incurred prior to formal initiation of an action or proceeding, and including fees and costs incurred for collecting or attempting to collect any judgment or award.

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