Terms and Conditions
1. ACCEPTANCE OF TERMS AND REQUIREMENTS
Reid Handyman provides its service to you, subject to the following Terms and Conditions ("TAC"), which may be updated by us from time to time without notice to you. In addition, when using particular Reid Handyman services, you and Reid Handyman shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TAC.
2. YOUR CONTACT INFORMATION
In consideration of your use of the service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Reid Handyman has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Reid Handyman has the right to di®iss your application. You also agree to allow Reid Handyman to contact you via e-mail, phone, fax and mail.
3. REID HANDYMAN PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. We will not release any of the information you provide to Reid Handyman to any outside agency or affiliate unless required by law. All information will be held in complete confidence between you and Reid Handyman.
4. DUTIES AND RESPONSIBILITIES
Recognizing the global nature of the Internet, you agree to comply with all local and state rules regarding online business transactions. Specifically, you agree to comply with all applicable Federal, State, and Local licensing and tax requirements. If you are not legible for a monthly drawing in your state or region or it is deemed unlawful by your local government you agree not to participate in this or any other drawings advertised on our Site.
5. INDEMNITY
You agree to indemnify and hold Reid Handyman, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TAC, or your violation of any rights of another.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
7. MODIFICATIONS TO SERVICE
REID RESORT REALTY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) and/or merchandise with or without notice. You agree that Reid Handyman shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service or merchandise.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Reid Handyman shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
9. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Reid Handyman has no control over such sites and resources, you acknowledge and agree that Reid Handyman is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Reid Handyman shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. REID HANDYMAN PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Reid Handyman or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REID RESORT REALTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANDISE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.
REID RESORT REALTY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
c.
ONCE REGISTRATION IS MATURED FOR 30 DAYS AND REGISTRATION FEES ARE PROCESSED, YOU UNDERSTAND AND AGREE THAT NO REFUNDS OF SUCH FEES ARE IMPLIED OR EXPRESSED.
d.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
e.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REID RESORT REALTY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REID RESORT REALTY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REID RESORT REALTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
14. NOTICE
Notices to you may be made via either e-mail or e-mail related services, regular mail, phone or fax. The Service may also provide notices of changes to the TAC or other matters by displaying notices or links to notices to you generally on the Service.
15. COPYRIGHTS and COPYRIGHT AGENTS
Reid Handyman respects the intellectual property of others, and we ask our users to do the same. This site is copyright© and no duplications or reuse of any or part of it's contents may be granted without the expressed written consent of Reid Handyman.
16. FRAUD
If you commit fraud or falsify information in connection with the registration of members in Reid Handyman through the Links on your site or online sales, this Agreement will be terminated immediately. In addition, you will be liable to Reid Handyman for any and all damages that Reid Handyman suffers as a result of such actions. You will also be responsible for submitting to Reid Handyman all sales revenue received for fraudulent/falsified members, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.
17. INDEPENDENT INVESTIGATION
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate Web sites that are similar to or compete with your Web site.
28. INDEPENDENT CONTRACTORS
You and Reid Handyman are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
29. GENERAL INFORMATION
The TAC constitutes the entire agreement between you and Reid Handyman and govern your use of the Service, superseding any prior agreements between you and Reid Handyman. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TAC and the relationship between you and Reid Handyman shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Reid Handyman agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, Florida. The failure of Reid Handyman to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TAC are for convenience only and have no legal or contractual effect.
30. VIOLATIONS
Please report any violations of the TAC to an authorized support representative.
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© 2009 All Rights Reserved
Scott D Reid
Licensed Real Estate Broker
www.reidresortrealty.com |
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