JL Enterprises Holdings, Inc. and it subsidiaries and corporate affiliation operate a family of web sites and/or associated web pages (commonly designated as “JL Enterprises”). Any person accessing or using these web sites or web pages is referred to as “Subscriber.”
By accessing or using any part of these web sites or web pages or the services provided thereon, Subscriber agrees to accept and comply with the terms and conditions contained herein and as may be modified by JL Enterprises from time-to-time without notice to Subscriber. These terms constitute a binding contract between JL Enterprises and Subscriber. Subscriber is responsible for reviewing these terms on a regular basis. If Subscriber does not wish to be bound by these terms, please do not access or use any part of the JL Enterprises web sites or web pages.
These terms are governed by the laws of the State of California without regard to conflict of laws principles. Subscriber hereby consents to the exclusive jurisdiction of courts sitting in California (specific venue at the sole discretion of JL Enterprises) in disputes arising out of or relating to accessing or using the JL web sites or web pages. Access or use of these websites and/or web pages is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions, including without limitation, this paragraph.
Subscriber agrees no joint venture, partnership, employment or other agency relationship exists between Subscriber and JL Enterprises. JL Enterprises’ performance under these terms and conditions is subject to existing law and legal process, and nothing contained in these terms and conditions is in derogation of JL Enterprises’ right to comply with governmental, court and law enforcement requests or requirements relating to Subscriber’s access or use of the web sites or web pages or relating to information provided to or granted by or on behalf of JL Enterprises with respect to such use.
Data contained herein is copyrighted by JL Enterprises and is protected by all applicable copyright laws. Data and content include (but are not limited to) all information, text, messages, images, photos, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on these web sites and/or web pages (“Content”) is owned by JL Enterprises and/or third parties with all rights reserved.
Subscriber acknowledges JL Enterprises is not a real estate broker, mortgage broker or mortgage lender, and does not aid or assist borrowers in obtaining or soliciting borrowers or lenders. Please note Subscriber may be subject to additional and/or different terms, conditions and privacy policies when Subscriber uses third party services, content, software or sites.
Subscriber acknowledges JL Enterprises is not responsible for any disclosures, responsibilities or obligations Subscriber has with third parties (their clients) such as but not limited to compliance with affiliated statutes, rules and regulations in the real estate services industry, including the requirement of full disclosure as to the origin of payment of any fees, commissions or incentives (rewards) associated with a real estate transaction. Subscriber’s use of JL Enterprises services does not in any way impact Subscriber’s fiduciary duty to third parties. Subscriber shall indemnify, defend and hold JL Enterprises harmless for any alleged breach of that duty.
Subscriber acknowledges any rewards program presented by JL Enterprises is subject to change without notice. The rewards program shall be limited to these terms and conditions associated with the web sites and/or associated web pages. Any and all rewards programs require tracking by JL Enterprises. Tracking requires Subscriber to comply with all terms and conditions including the complete and adequate provision of data required on all applications and sign-in-sheets associated with the rewards program. This exercise of supplying complete and adequate data must be undertaken to initiate the program through the JL Enterprises web sites and associated web pages. Subscriber must provide all necessary data at each step of the real estate transaction process such as signing in at a registered model home or undertaking the opening of an associated escrow. JL Enterprises is not responsible if Subscriber fails to provide complete or adequate data at any point in time. Failure to provide such data shall result in exclusion from the rewards program.
All listing information remains a courtesy provided by ModelHomeMaps.com/The Realtor Connection/MHMMLS.com. Said information contains listings from participating advertisers. Information provided is for use by Subscribers (real estate agents) and shall not be used for any purpose other than to identify prospective properties that their clients may be interest in purchasing. All information is deemed reliable, but its accuracy is not guaranteed. JL Enterprises and ModelHomeMaps.com/The Realtor Connection/MHMMLS.com are not responsible for typos or incorrect information. By registering as an agent Subscriber grants ModelHomesMaps.com/The Realtor Connection/MHMMLS.com permission to contact Subscriber via e-mail. PLEASE NOTE THAT WE DO NOT SELL OR RENT SUBSCRIBER INFORMATION TO ANY OTHER COMPANY OR OUTSIDE AGENT.
By way of background, actual sales prices are denominated in U.S. Dollars. Lot sizes, square footage and all other information concerns any property, as well as information concerning its availability for purchase, must be obtained directly from a licensed real estate broker or agent in the state where the property is located.
To the extent that Subscriber posts, uploads, inputs, submits or otherwise transmits (collectively, “Transmit” or “Transmitting” as appropriate) content on or through these web sites and web pages, Subscriber agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Subscriber’s affiliation with any person or entity. Subscriber is entirely responsible for all Content that Subscriber provides or otherwise make available via these web sites and web pages. Subscriber also warrant and represent that Subscriber owns or otherwise controls all of the rights to such Content including, without limitation, all the rights necessary for Subscriber to Transmit such Content, and to transfer Subscriber’s or other’s interests in such Content to JL Enterprises as provided below.
Subscriber promises that Subscriber will not use these web sites and web pages to:
- Transmit any Content
- not related to appropriate subject matters;
- which is misleading to others, including consumers;
- that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- that Subscriber does not have a right to post and transmit under any law or under contractual relationships;
- such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting Content to these web sites and web pages, Subscriber grants, and Subscriber represents and warrants that Subscriber has the right to grant, to JL Enterprises an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of these web sites and web pages, Subscriber grants JL Enterprises all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on these web sites and web pages by any party for any purpose.
JL Enterprises is committed to maintaining the privacy and security of any and all such information that Subscriber provides to JL Enterprises through these web sites and web pages in accordance with its Privacy Policy. Please click here to review the JL Enterprises Privacy Policy.
General Terms
Interpretation of the Terms and Conditions
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, 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 these Terms and Conditions shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between Subscriber and JL Enterprises), the Terms of Use constitutes the entire agreement between Subscriber and JL Enterprises and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
Disclaimer of Warranties
SUBSCRIBER EXPRESSLY UNDERSTANDS AND AGREES THAT: SUBSCRIBER’S USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES AND/OR CONTENT IS AT SUBSCRIBER’S SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. JL ENTERPRISES MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THESE WEB SITES AND WEB PAGES, SERVICES AND/OR CONTENT. JL ENTERPRISES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Indemnification
SUBSCRIBER AGREES TO INDEMNIFY AND HOLD JL ENTERPISES ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY SUBSCRIBER TO THOSE WEB SITES AND WEB PAGES AND/OR JL ENTERPRISES AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY SUBSCRIBER OR SUBSCRIBER’S AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.
Limitation of Liability
IN NO EVENT SHALL JL ENTERPRISES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THESE WEB SITES AND WEB PAGES, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THESE WEB SITES AND WEB PAGES, OR OTHERWISE ARISING OUT OF THE USE OF THE NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JL ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE JL ENTERPRISES’ NETWORK, AND ALL OTHER USE OF THESE WEB SITES AND WEB PAGES, IS DONE AT SUBSCRIBER’S OWN DISCRETION AND RISK AND SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF SUBSCRIBER IS DISSATISFIED WITH ANY PORTION OF THE NETWORK, OR WITH ANY OF THESE TERMS OF USE, SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETWORK.
Copyright
All materials on these web sites and web pages (as well as the organization and layout of these web sites and web pages) are owned and copyrighted or licensed by JL Enterprises, its corporate affiliates or its third-party vendors. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on these web sites and web pages is permitted without the written permission of JL Enterprises. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to JL Enterprises' Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
IP Administrator
Telephone: 866-426-4544
Trademarks
Trademarks referenced on the JL Enterprises web sites can be viewed by clicking here.
BY USING THIS WEBSITE SUBSCRIBER AGREES TO THE ABOVE TERMS AND CONDITIONS. |