By using services provided Realty Net Media you agree to the following terms and conditions, and any policies, guidelines or amendments. We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://www.realtynetmedia.com/termsofservice
The terms of the Proposal shall be effective for 30 days after presentation to Client. In the event this Agreement is not executed by Client within the time identified, the Proposal, together with any related terms and conditions and deliverables, may be subject to amendment, change, or substitution.
In consideration of the Services to be performed by Realty Net Media, Client shall pay fees in the amounts and according to the payment schedule set forth in the Proposal, and all applicable sales, use of value taxes, even if calculated or assessed subsequent to the payment schedule.
3.1 Refunds. All payments made to Realty Net Media are NON REFUNDABLE under any circumstance.
3.2 Setup Fees. Payment for all work is due in advance. On a case by case basis Realty Net Media may allow a client to pay 50% of all the website setup fees prior to commencement of work and the remaining balance due immediately once work has been completed.
3.3 Service Plans. Monthly service plans including hosting are a requirement and requires a major credit card. After website creation, contract continues on month-to-month basis. Should you wish to cancel, you must notify Realty Net Media, in writing via email to firstname.lastname@example.org, to terminate the account services and avoid further monthly hosting charges. It is your responsibility to secure confirmation from Realty Net Media that the request for termination has been received and no further hosting fees will be billed.
All fees will be automatically billed the first day of each month. If a credit card payment is declined making your account past due for more than fifteen (15) days, our automated billing system will suspend the account and a reconnection fee of $99 will apply. Client will be notified via email once payment is due to provide updated credit card information.
All formal communication including billing will be handled through the primary email address listed in the Proposal. It is the Client's responsibility to notify Realty Net Media regarding changes to their email address, contact information, credit card information, or billing information on file.
3.4 Change Orders. Additional production work performed beyond those outlined in the Proposal, due to Client requests and/or design changes, shall be billed as additional services in the form of change order. This may include one or more of the following:
a. any additional production work beyond the scope of this proposal
b. any changes or alterations to the project design after production begins.
c. requests for materials to be delivered in above-standard resolution.
d. Client delay of project's production schedule for more than thirty (30) days. Fees for such changes will be assessed as either a flat fee or an hourly rate of $80 per hour. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein. Change orders may also require additional production time and may delay project's final delivery. A signed approval change order from the Client is required prior to making changes.
3.5 Invoices. All invoices are payable within fifteen (15) days of receipt. A 1.5 percent monthly service charge is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. Client shall be responsible for all collection or legal fees necessitated by late or default in payment. Realty Net Media reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses and Fees, Charges or the costs of Changes.
3.6 Cancellation. Client may discontinue the use of Realty Net Media's services at any time. Cancellations may be subject to a cancellation fee. All cancellations must be provided at least 30 days prior to the next billing cycle in writing via email to email@example.com. The cancellation of website services does not entitle the Client to a refund of any advanced payments. If the Client cancels website services, Realty Net Media will charge a $100 fee (per domain) to assist with domain transfers from Realty Net Media's servers.
4. WORK METHOD
4.1 File Collection. The Client will provide reference information regarding the design, layout, colors, images, etc. for their website. This may include but not limited to: text/copy, logos, slogans, pictures, and foreign language translations. Realty Net Media will not modify or enhance any materials provided by the Client (text/copy or graphics) unless contracted to do so. Realty Net Media will not copy photos, graphics, or text from other websites either designed or not designed by Realty Net Media unless the Client has obtained written permission to do from that website's owner. All files and graphics provided must be in electronic format, unless otherwise agreed. Realty Net Media will not scan images or transcribe text unless contracted to do so. Realty Net Media will not use or modify any copyrighted, rights-managed, or unlicensed photographs. Realty Net Media is not liable for the use of any such materials that have been provided by the Client. In the event that the Client requires copyrighted, unlicensed, or unlawful materials to be removed from their website, the Client will be subject to Realty Net Media's hourly fees. Do not provide original or one of a kind material to Realty Net Media. Realty Net Media is not responsible for the loss or damage of any printed or digital materials provided by the Client.
4.2 Realty Net Media will begin work on the contracted website once the initial payment, design selections, and the reference information are provided by the Client. The website design and layout will be limited to the options explained by Realty Net Media during the sales process and described in our documentation. Once Realty Net Media completes the mock up of the website, it will be uploaded to a test environment for the Client to review.
4.3. Changes. The Client will be permitted to request up to two (2) sets of changes. All requests must be made in writing, via email within sufficient time of the website’s launch. Any and all changes requested after these changes have been made will incur additional fees. Your project manager will inform you of these charges prior to beginning any work.
4.4 Testing and Acceptance. All final work submitted will be considered accepted unless the Client notifies Realty Net Media in writing within five (5) days that revisions need to be made.
4.5 Timing. Realty Net Media will prioritize performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Realty Net Media. Realty Net Media shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Realty Net Media's ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Realty Net Media's obligations under this Agreement.
5. CLIENT RESPONSIBILITIES
Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:
a. coordination of any decision-making with parties other than Realty Net Media. b. provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; and
c. final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.
Realty Net Media retains the right to reproduce, publish and display the Deliverables in Realty Net Media's portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Realty Net Media has the right to place the “Realty Net Media" name and/or logo on any website or web pages it develops. The “Realty Net Media” logo will be placed on all pages derived from Realty Net Media's database. This logo may not be removed or altered for any reason.
7. REALTY NET MEDIA RESPONSIBILITIES AND LIMITATIONS
7.1 Copywriting. Creation of unique text/copy for building or community descriptions, company and/or personal text/copy, slogans, tag lines, etc. will not be provided to the Client unless contracted to do so.
7.2 Photo Touch-ups: Realty Net Media will not modify any copyrighted, rights-managed, or unlicensed photographs. Realty Net Media is not liable for the use of any such materials that have been provided by the Client. In the event that the Client requires copyrighted, unlicensed, or unlawful materials to be removed from their website, the Client will be subject to Realty Net Media's hourly rates.
7.3 Access: The Client will have access to modify only those web pages controlled through Realty Net Media's online administrative tool. The Client will be able to edit all text and graphics contained within these pages without the use of web design software. Realty Net Media websites are part of a proprietary technology system and no party, unless affiliated with or authorized by Realty Net Media, will be granted access to programming or graphical source files. This includes all database products, asp, html and flash files. The Client will not have access to their website through FTP, Microsoft Front Page, or any other web design tool. Realty Net Media will not provide access to any graphical, Flash or database source files.
7.4 Logos. All logos and custom fonts must be provided by the Client in a digital (high-resolution) format. Realty Net Media will not create, modify, or enhance existing logos unless contracted to do so. If the customer requests the use of a font that Realty Net Media does not own, the Client will be subject to a download fee (prices vary based on font). Realty Net Media will inform the Client of any such fees prior to purchasing the rights to a font.
7.5 Communication. All communication between the Client and Realty Net Media regarding the development of the website will take place via telephone or email.
7.6 Compatibility. Function, design, and content formatting may vary from browser to browser, particularly in AOL and Netscape-based browsers, and on Macintosh operating systems. Realty Net Media's websites are designed at a standard resolution of 1024X768 pixels and to be viewed best in Microsoft Internet Explorer version 6.0 or higher. Realty Net Media is not liable or responsible for any website not functioning properly on Internet browsers other than IE6.0+ or on any platform. Realty Net Media is not liable or responsible for any website not functioning properly on computers using platforms other than Microsoft Windows. Realty Net Media is not liable for design flaws in advanced programming on ASP or any other computer language.
7.7 Data Storage. Realty Net Media is not responsible for any information stored on the Client's website. It is highly recommend that all text and graphics uploaded by the Client through Realty Net Media's Online Administration section be saved in a secondary location easily accessible by the Client.
7.8 Traffic. Realty Net Media is not responsible for the amount of traffic your website receives or the success of your business as a result of this website. We do not guarantee or promise natural rankings. Our services are 100% white hat and fall within the guidelines and standards that the search engines provide to get your site ranked naturally.
7.9 Meetings. Meetings to discuss the website’s development and/or to provide materials will be up to the Project Manager’s discretion and will only be considered for custom website projects over $10,000. All other meetings requested by the Client will be held in our main office location and billed at $100 per hour or $250 per hour if Realty Net Media agrees to travel to your location (within Miami-Dade County or Broward County ONLY). All other meetings will be charged at $250 per hour plus accommodations and travel expenses. The primary method of communication is via telephone, FAX or email.
8. INTELLECTUAL PROPERTY PROVISIONS
8.1 Source Files. Direct website source files or database access are not granted with this license under any circumstance. We reserve all rights and protect all intellectual property under Federal and Florida laws.
8.2 Websites: The Client is leasing their website and its services from Realty Net Media. Termination of, or failure to comply with any of the terms of this agreement may result in the cancelation of the website. The Client owns no part of the website and has no claim to the files contained therein. Unauthorized replication of any portion of the website design, images, or layout is prohibited.
8.3 Custom Websites. Realty Net Media will provide graphic layout files of custom websites to Client upon cancellation or termination of services. Direct website source files, programming or database information will not be provided under any circumstance. All requests must be made in writing via email to firstname.lastname@example.org
8.4 Graphics and Photography: Realty Net Media retains ownership of all designs and graphical source codes. Any unauthorized replication of the design of the website or any of its databases or pages will result in immediate termination of this agreement. There will be no exceptions. Images supplied by the client may be used by Realty Net Media as it sees fit on future Realty Net Media projects unless otherwise specified in writing.
8.5 Databases and Programming: Realty Net Media is the sole proprietor of all databases and programming developed for the websites. No database or programming information will be disclosed or provided to the Client. The databases contained within the Client's website are part of a shared system and cannot be modified in any way.
9. WARRANTIES AND REPRESENATATIONS
9.1 By Client. Client represents, warrants and covenants to Realty Net Media that
a. Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of the Client Content,
b. to the best of Client's knowledge, the Client Content does not infringe the rights of any third party, and use of the Client Content as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties,
c. Client shall comply with the terms and conditions of any licensing agreements which govern the use of Third Party Materials, and
d. Client shall comply with all laws and regulations as they relate to the Services and Deliverables.By Realty Net Media
a. Realty Net Media hereby represents, warrants and covenants to Client that Realty Net Media will provide the Services identified in the Agreement in a professional and workmanlike manner and in accordance with all reasonable professional standards for such services.
b. Realty Net Media further represents, warrants and covenants to Client that (i) except for Third Party Materials and Client Content, the Final Deliverables shall be the original work of Realty Net Media and/or its independent contractors, (ii) in the event that the Final Deliverables include the work of independent contractors commissioned for the Project by Realty Net Media, Realty Net Media shall have secure agreements from such contractors granting all necessary rights, title, and interest in and to the Final Deliverables sufficient for Realty Net Media to grant the intellectual property rights provided in this Agreement, and (iii) to the best of Realty Net Media's knowledge, the Final Work provided by Realty Net Media and Realty Net Media's subcontractors does not infringe the rights of any party, and use of same in connection with the Project will not violate the rights of any third parties. In the event Client or third parties modify or otherwise use the Deliverables outside of the scope or for any purpose not identified in the Proposal or this Agreement or contrary to the terms and conditions noted herein, all representations and warranties of Realty Net Media shall be void.
c. All information on Client website is provided to the Client and the end users on an “as is” or “as available” basis, without warranty of any kind, either expressed or implied including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, and non-infringement. Use of Client's website is at Client's own risk and at the risk of the end user. Realty Net Media does not warrant that the use of Client website will be uninterrupted or error-free. As a service to the Client and those who visit Client’s website, Realty Net Media permits Client to publish information regarding Client and Client services. Realty Net Media does not recommend or endorse Client, and Realty Net Media is not responsible for the accuracy or reliability of any opinions, advice or statements made by Client or otherwise through Client's website. It is Client's responsibility to ensure the accuracy, completeness, or usefulness of any information or content available on or through Client's website. Realty Net Media is not liable for any comments or suggestions made in regard to the design or features of Client's website.
d. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, REALTY NET MEDIA MAKES NO WARRANTIES WHATSOEVER. REALTY NET MEDIA EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT.
10.1 Website Access. The owner of the access to the website is the person paying for the services unless specified in writing. The Client may assign other representatives to manage the service requests for the website but this does not grant them the rights to the website.
10.2 Hosting. Realty Net Media is not liable for any interruption of service. Realty Net Media guarantees a 99% up time. Change of ISP does not represent a cancellation of previously agreed upon terms and conditions. Administrative charges will apply for forwarding or changing hosting information. Realty Net Media will charge an administrative fee of $99 for each domain it transfers to or from its servers. Payment for Realty Net Media's hosting services DOES NOT include any maintenance or enhancements to the website. All modifications to the website will be billed at an hourly rate of $80, plus the price of any product(s) or features added.
10.3 Email. If contracted to do so, Realty Net Media will provide the Client with access to e-mail accounts at each domain for which the Client pays hosting for. This does not include any domains the Client has pointed or re-directed to Realty Net Media's servers. Realty Net Media is responsible only for the maintenance of its own email server and will not instruct or troubleshoot issues related to any third-party email software, including Microsoft Outlook or Outlook Express. If the Client experiences problems, including error messages or an inability to send or receive mail through any third-party software, the Client must contact the software’s manufacturer, Client's Internet Service Provider or an independent technical consultant to receive technical support.
10.4 Domain Names.
a. Registration: If Realty Net Media registers a domain name for a Client, the Client will be the registrant (owner) of the domain. Realty Net Media will be listed as the billing and technical contacts. The domain will be registered under Realty Net Media's corporate account. Under any circumstance will a Client or third party be given access to the username and/or password for this account.
b. Transfers: Realty Net Media will charge an administrative fee of $99 (per domain) to transfer domains to or from its servers. Realty Net Media will also require the Client's username and password to make transfers. Realty Net Media is not responsible for 3rd party delays in transferring domains. If the
Client elects not to pay the administrative fee, Realty Net Media cannot provide any assistance with the domain transfer.
c. Renewal: Domain renewal fees must be paid no later than twenty-one (21) days from the renewal date. All domains will be deleted from the registrar’s system approximately twenty-one (21) days following expiration. The domain will be held in Redemption Status with the Global Registry for exactly thirty (30) days immediately following its deletion. During this period, the domain can only be restored for a fee of $175, in addition to the regular renewal fee. If the domain has not been restored after thirty (30) days, it will be placed in a Redemption Hold (Pending Delete Status) by the Registry for five (5) days. This means that Realty Net Media can no longer request the Registry restore this domain. By the end of the five (5) days the Registry will release the domain for public registration.
* Please note that Realty Net Media will only have access to this information if the domain was originally registered to our corporate account. If the Client transfers a domain to Realty Net Media's servers, Client is responsible for renewing the domain with their registrar.
d. Notice: Domain names with the word REALTOR®, or any other copyrighted wording, may not be moved or registered through Realty Net Media without written permission from the copyrighter. Realty Net Media will not host domain names with sexual content or racial or discriminatory remarks. Realty Net Media reserves the right to discontinue hosting service to any website containing materials that discriminate based on race, gender, religion, sexual preference or nationality. Realty Net Media is not responsible for a website not functioning due to expired or canceled domain names.
10.5 RETS IDX Feeds. If your website uses the RETS data feed from your local MLS, it is a requirement that you are a part of that MLS board. If you or your broker change MLS affiliations, Realty Net Media may not be able to service you unless it also offers RETS service in that new MLS. Additional setup and monthly fees may apply to access this data. It is the client’s responsibility to notify Realty Net Media of an MLS board change or affiliation.
10.6 MLS Display Rules and Regulations. Realty Net Media provides certain services that are provided in-part by third party Multiple Listing Services (MLS). Your use of such services is subject to the terms and conditions set forth by each individual MLS supplier; in most cases, you must be an active member of the MLS in order to participate in MLS Data Services provided by the MLS. You are also solely responsible for any fees charged by the MLS data supplier. Your MLS data supplier will provide you with all necessary documentation, contracts and fees required to participate in the MLS data services. Realty Net Media is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS data services provided by third party MLS data suppliers. The use of MLS data services is strictly at your own risk and there is no guarantee or implied warranties provided by Realty Net Media.
a. All rules and regulations of Internet Data Display (IDD) or Internet Data Exchange (IDX) are produced by Realtors® Associations which Realty Net Media's Clients must belong to. Realty Net Media has no control over and is not liable or responsible for any changes or complete cancellation of the IDX system in an area. IDX is only an aggregated product to Realty Net Media's websites. Cancellation of IDX solutions by a Realtor® Association does not entitle the Client to seek compensation or cancel the website.
b. Realtors® may not display listings from associations they do not belong to or that do not have the rules and regulations for IDX in place, unless agreed upon.
c. Realty Net Media is not liable or responsible for changes to these rules.
d. Client MLS search may change without prior notice.
e. Client is responsible for informing Realty Net Media of any changes in associations.
f. MLS data will be updated every 24 to 48 hours. There is no guarantee of updates. Realty Net Media is not responsible for property images or descriptions not displaying or displaying incorrectly. If you believe a property is displaying incorrectly, please contact your MLS feed's technical support.
g. Realty Net Media is not responsible or liable for any information displayed through your MLS search. Information is deemed to be accurate, but not guaranteed.
e. Realty Net Media will not distribute or release raw MLS data to anyone unless contracted to do so.
f. Realty Net Media is not responsible for any missing or incorrect information on any MLS listing. Missing or incorrect pictures and information are not the responsibility of Realty Net Media. Client will need to communicate any incorrect or missing data or pictures directly with their MLS feed's technical support.
10.7 Code Recycling. Realty Net Media reserves the right to recycle any existing code and utilize any new code created for any project. Realty Net Media reserves the right to re-sale, without restriction, all existing codes. Realty Net Media also reserves the right to utilize all codes provided to Client for the purpose of developing new products or enhancing existing products. Client has no interest in Realty Net Media's current business and will not profit in the sale of any code at any time.
10.8 Reverse Engineering. The parties agree that neither party will engage in, nor cause any other person, firm, corporation or other entity to engage in, the reproduction of either party’s Confidential information, Inventions or Works through the techniques of "reverse engineering" as described in title 17, United States Code, Section 906, as such statute may be amended from time to time.
10.9 Indemnification. By becoming a Client, you have granted us the right to place information you have provided us on your website, as well as on other sites (such as Realty Net Media's corporate website, search engines and web directories for marketing and promotional purposes only. You agree to indemnify us against any and all claims or causes of action that may arise with respect to the information you provided, against Realty Net Media or its affiliates.
10.10 No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Realty Net Media, and Realty Net Media shall be entitled to offer and provide web design services to others, solicit other clients and otherwise advertise the services offered by Realty Net Media.
10.11 Termination. If at any time Realty Net Media finds that it is unable to continue working for Client, for lack of payment, lack of provision of material due or other reasons within Realty Net Media's sole discretion, it will notify Client in writing. As soon as possible after any such termination, Realty Net Media will prepare a final bill. Realty Net Media reserves the right to terminate a contract if payment is not received within 30 days of the date of any invoice. In no event will Realty Net Media be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the refusal of services even if Realty Net Media has been advised of the possibility of such damages.
Client agrees that Realty Net Media may at any time and for any reason, including a period of account inactivity, terminate your access to Realty Net Media services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Realty Net Media services, your account or any files or other content contained in your account. Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations and choice of law, severability and statute of limitations within these Terms, shall survive expiration or termination.
10.12 Modification of Service. Realty Net Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Realty Net Media services (or any part thereof) with or without notice. You agree that Realty Net Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of Realty Net Media services.
10.13 Right to Refuse Service. Realty Net Media reserves the right to refuse service for any reason.
10.14 Force Majeure. Realty Net Media shall not be liable for any loss or damage as a result of Realty Net Media's delay in or failure of delivery due to (i) any cause beyond Realty Net Media's reasonable control; (ii) any act of God, embargo or other governmental act, authority, regulation or request, fire, theft, accident, strike, slowdown, or other labor disturbance, war, riot; (iii) inability to obtain necessary labor, materials, components, supplies, or facilities; or (v) inability to obtain necessary export licenses, import licenses, exchange permits, etc. Should any of the aforementioned events of force majeure occur, Realty Net Media, at its option, may postpone the Client's order with respect to any undelivered goods and extend the delivery date for a period equal to the time lost because of delay or cancel the order, in the event the time lost exceeds one hundred twenty (120) days. Notice of such election shall be given promptly to the Client. In the event Realty Net Media elects to so cancel the order, Realty Net Media shall be released of and from all liability for failure to deliver the goods, including but not limited to, any and all claims on behalf of the purchaser for lost profits, or for any other claim of any nature which the purchaser may have.
10.15 Limitation on Action. No action in law, equity or arbitration, regardless of form, arising out of this Agreement may be brought by either party more than one year after the cause of action arose, or in the case of non-payment, more than two years from the date of last payment.
10.16 Exclusion of Consequential Damages and Disclaimer of Liability. Realty Net Media's liability shall in no event exceed the contract price set forth hereunder. REALTY NET MEDIA SHALL NOT BE SUBJECT TO AND CLIENT RELEASES REALTY NET MEDIA FROM: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY REALTY NET MEDIA, OR ANY UNDERTAKINGS, ACTS, OR OMISSIONS RELATING THERETO; AND (3) ALL CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER. Without limiting the generality of the foregoing, specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages, damages for lost profits or revenues, loss of use of products or any associated equipment, cost of capital, facilities, or services, downtime, shut-down, or slowdown costs, spoilage of material, or for any other types of economic loss.
10.17 Arbitration. Actions by Realty Net Media for nonpayment by the Client of Services or product by Realty Net Media, or for redress for other undisputed breaches by the purchaser of the contract of sale, may be brought by Realty Net Media before any judicial court of competent jurisdiction without need for prior arbitration. Client (a) agrees that any suit, action or legal proceeding arising out of or relating to this agreement may be brought in any federal or state court located in Florida, (b) consent to the jurisdiction of each such court in any suit, action or proceeding, (c) waive any objection which Client may have to the laying of venue of any such suit, action or proceeding in any of such courts and (d) agree that service of any court paper may be effected on you by mail or in such other manner as may be provided under applicable laws or court rules in Florida. All Art, products and services to be rendered by Realty Net Media hereunder shall be deemed accepted unless rejected, in writing, on the day of its presentation to the Client. All other disputes between the Client and Realty Net Media in connection with this contract shall be finally settled by arbitration in Miami, under the Rules of the American Arbitration Association by one or more arbitrators appointed in accordance with said Rules applying these Terms and Conditions of Sale and consistent provisions of the internal laws of the State of Florida.
10.18 Governing Law. Realty Net Media, from its offices within the United States of America, will operate Client website and related databases. Realty Net Media makes no representation that the information on Client website is appropriate or available for use in other locations. Access to Client website from territories where its contents may be illegal is prohibited. Those who choose to access Client website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claims relating to the information available on Client website will be governed by the laws of the State of Florida and the United States, excluding the application of its conflicts of law rules. This agreement is assignable by Realty Net Media only.
10.19 Severability. If any provisions of these Terms and Conditions shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any legal and enforceable provisions hereof which shall be construed as if such illegal an unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions.
10.20 Attorney's Fees. In the event a suit or arbitration proceeding is brought by a party to this Agreement to enforce its provisions, or to seek remedy for any breach hereof, the prevailing party shall be entitled to receive its reasonable attorneys fees and disbursements incurred in any appellate proceedings.
10.21 Restrictive Covenants. The Parties acknowledge and agree that the foregoing restrictive covenants contained in this Agreement are reasonably necessary for the protection of the Parties and their respective legitimate business interests and that they are reasonably limited with respect to the activities prohibited, the duration thereof, the geographical scope thereof, and the effect on each Party and the public. The Parties acknowledge that the purpose and effect of the foregoing restrictive covenants is solely to protect the Parties for a limited period of time from unfair competition by the other Party or affiliate.
10.22 Notice. You agree that Realty Net Media may provide you with notices, including those regarding changes to the Terms, by email or postings on realtynetmedia.com/termsofservice
10.23 Entire Agreement. This Agreement expresses the entire and exclusive understanding of the parties hereto with respect to the matters covered hereby and incorporates any and all prior agreements, understandings, negotiations and discussions relating hereto, whether written or oral, all of which are hereby terminated and canceled. This Agreement may be modified or amended only by an instrument in writing executed by both parties hereto, and with respect to Realty Net Media, solely by an executive officer.
This agreement will take effect when the Client provides any form of payment to purchase the use of products or services provided by Realty Net Media, or when the proposal has been signed. The Client has the right to refuse products and services prior to payment. Non-compliance with any of the terms set forth in this document effectively grants Realty Net Media the right to disconnect your website without further notice.
I have read and agree to the terms and conditions above and have been advised of the functions and limitations of the product(s).