Georgia City Real Estate Terms o

Georgia City Real Estate Terms of Service

Last Updated On June 23, 2007

Welcome to Georgia City Real Estate. By accessing, browsing or using the services available from and/or otherwise accessing the domain, sub-domains, and related domains ("family") of www.georgiacityrealestate.com, which are owned and operated by Oak Mountain Investment Group, LLC ("OMIGLLC", "us", "our" or "we") and all linked pages owned and operated by OMIGLLC (collectively, the "Site"), you agree to be bound by this Terms of Service Agreement (the "Agreement").

Before you may use the Site, you must read and agree to all of the terms and conditions below, including all terms and conditions contained in agreements referenced and linked to below. Please read this Agreement carefully. If you do not accept the terms and conditions below, please exit and do not use the Site. We suggest that you save or print a copy of this Agreement for your records before using this Site.

1. Interruption/Modification of the Site. OMIGLLC reserves the right to interrupt the Site or any services available on the Site with or without prior notice for any reason whatsoever. You agree that OMIGLLC will not be liable for any interruption of the Site or such services, delay, or failure to perform. Additionally, OMIGLLC has the right at any time and for any reason to modify and/or eliminate any aspect(s) of the Site or its services as it sees fit in its sole discretion without any liability to you.

2. You may use this Site view or post real-estate related Listings within the boundaries of this Terms of Service. You may NOT use this Site to:

a. conduct or coordinate any unlawful activity;

b. harm minors in any way;

c. transmit or make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, or racially or ethnically or otherwise objectionable;

d. transmit or make available any content that you do not have a right to make available under any law or contractual or fiduciary relationship, including without limitation any content that infringes a third party's copyright, trademark or other intellectual property and proprietary rights;

e. transmit or make available any material that contains any software virus or other computer code designed to interrupt, destroy or alter the functionality of any computer software or hardware;

f. interfere with, disrupt or reverse engineer the Site in any manner, including intercepting, emulating or redirecting the communication protocols used by OMIGLLC, creating or using cheats, mods or hacks or any other software designed to modify the OMIGLLC experience, or using any software that intercepts or collects information from or through the Site (including harvesting of email addresses);

g. use any robot, spider or other automated mechanism to retrieve or index any information from or portion of the Site for any purpose other than search engine indexing and ranking;

h. participate in any action that, in the sole and absolute opinion of OMIGLLC, results or may result in a visitor to OMIGLLC websites being defrauded, scammed, or otherwise cheated;

i. transmit or make available any unsolicited or unauthorized advertising, junk mail, spam, chain letters, pyramid schemes or other forms of solicitations;

j. impersonate any person or entity.

3. Listing Eligibility and Requirements.

a. If you wish to use this Site to promote your real-estate related services, you (the "Listor") must be 18 years of age or over, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18, to register with and be listed on the Site. By providing your name, contact information, a photo or image, and a description of services (hereafter, "Listing" or "Listed") on the Site, you represent that you are of legal age to form a binding contract and have the right, authority and capacity to enter into this Agreement.

b. You must be a legal resident of the United States.

c. A minimum of twenty percent (20%) of your Listed service must come from the town or city for which you have requested a Listing. For example, if you request that your Listing appear on the "Winston, Georgia" site, at least twenty percent of the business service you are Listing must be provided in Winston, Georgia or the immediate, surrounding area.

d. You may request to be Listed on a maximum of two (2) OMIGLLC Sites.

e. You may choose to be Listed under a maximum to two (2) service categories on each OMIGLLC Site.

f. OMIGLLC currently offers this Listing service for free and reserves the right to refuse registration or service, and to terminate Listings, in its sole discretion.

g. You will provide complete and accurate information about yourself, and update such information in the future to keep it complete and accurate. OMIGLLC reserves the right to pursue legal action against you for intentionally providing false or inaccurate personal information, as well as the right to terminate your Listing.

h. When providing information for your Listing, you will not enter, select or use a name, acronym, or term that is subject to the rights of a third party without proper authorization, that is or contains or is substantially similar to a trademark or service mark, or that incorporates words that are defamatory, vulgar, obscene, libelous, hateful, or racially or ethnically or otherwise objectionable. You may not use a misspelling or an alternative spelling to circumvent the foregoing restrictions.

i. Your License to OMIGLLC. When you provide us with Listing information, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable right throughout the world to exercise all copyright, publicity, and other rights you have in the content in any media known now or in the future. Such rights include, without limitation, all rights you have in use, distribution, reproduction, modification, adaptation, creation of derivative works, translation, public performance and public display of the content. You also hereby waive any moral rights you may have in such content under the laws of any jurisdiction. We reserve the right to remove or modify any Listing you provide to us or otherwise post on the Site at our sole discretion and without prior notice or any liability to you.

j. OMIGLLC may display paid advertisements on the Site and some of these advertisements may compete with your Listing. Your Listing does not entitle you to any portion of any revenue received by OMIGLLC for paid advertisements on this Site or from any other source. This Agreement in no way implies any commitment or obligation by OMIGLLC to compensate the Listor or share in any revenues received.

k. OMIGLLC may post Listings on the Site that compete with other
Listings.

l. OMIGLLC may post Listings under each service category or web page in
any order that it desires. OMIGLCC does not guarantee a Listor any
specific rank, order or visibility on the Site.

4. International Use. You agree to comply with all local laws and rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States.

5. Intellectual Property. Except for the personal information and content submitted by Listors of the Site, the Site, all other content and software included therein are owned by OMIGLLC or its licensors, and are protected by United States intellectual property laws. Without limiting the foregoing, "OMIGLLC" and OMIGLLC graphics, logos, scripts, domain names, website names, and service names are trademarks or trade dress of OMIGLLC in the United States, Canada and/or other jurisdictions. You may not use OMIGLLC's trademarks and trade dress in connection with any product or service that is not OMIGLLC's, in any manner that is likely to cause confusion among customers or subscribers, or in any manner that disparages OMIGLLC.

Except as expressly provided herein, OMIGLLC and its licensors do not grant you any express or implied rights, and all rights, title and interest that OMIGLLC has in and to the Site (including all content and services therein) that are not expressly granted by OMIGLLC to you are retained by OMIGLLC.

6. Intellectual Property Complaints. OMIGLLC respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OMIGLLC's designated agent with the written information specified below:

a. An electronic or physical signature of the person authorized to act on
behalf of the owner of the intellectual property interest;

b. A description of the copyrighted work or other intellectual property
that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on the Site;

d. Your address, telephone number, and e-mail address;

e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
OMIGLLC's designated agent for notice of claims of copyright or other intellectual property infringement on the Site can be reached as follows:

Intellectual Property Agent
c/o Oak Mountain Investment Group, LLC
315 Hidden Lakes Drive
Carrollton, Georgia 30116

7. Privacy. Use of the Site is also governed by OMIGLLC's Privacy Policy, which is incorporated into this Agreement by reference.

8. Transactions with Third Parties. Although we created this Site, we do not control many of the things that happen because of it. For example, we do not regulate the communications between Users and Listors nor do we monitor Users' interactions with the Site.

You should exercise common sense when dealing with others. In particular, if you enter into a transaction with another User or Listor of the Site, your transaction is solely with that person. Although OMIGLLC may provide a mechanism to help facilitate such activities, OMIGLLC will have no responsibility or liability for such activities and cannot guarantee your legal rights with respect to those transactions.

9. Links. This Site contains links to other sites that are not maintained by, or related to, OMIGLLC. Links to such sites are provided solely as a convenience to you and do not imply any endorsement by OMIGLLC of, any affiliation with or endorsement by the owner of the linked site. OMIGLLC has no control over such third party sites. OMIGLLC is not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Site.

OMIGLLC does not assume responsibility for the accuracy, completeness, accessibility and usefulness of the information, data, opinions, advice or statements contained at such sites and your access and use of such third party sites, including any information, material, products and services therein, is solely at your own risk.

OMIGLLC accepts no liability for any direct, indirect, incidental, special, consequential, punitive or other losses or damages of whatsoever kind arising out of access to or use of any linked website or any information or reliance on any such content, goods or services available on or through any such linked website.

You also understand and agree that OMIGLLC's Privacy Policy is applicable only while you are using the Site. Once you are linked to another website, you should read the privacy statement of that website before disclosing any personal information.

10. Indemnification. As a condition of your access to and use of the Site, you agree to hold OMIGLLC and OMIGLLC's directors, officers, employees, agents, attorneys, subsidiaries, affiliates, independent contractors, advertisers, families, partners, co-branders and sublicensees and each of their respective successors and assigns (collectively, the "OMIGLLC Indemnitees") harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to:

(i) your access to and use of the Site and the content therein;

(ii) your violation of this Agreement, the Privacy Policy, any applicable law or the rights of another person or party;

(iii) any dispute you have or claim to have with one or more Users of the Site; (iv) OMIGLLC's resolution (if any) of any dispute you have or claim to have with one or more Users of the Site;

(v) your improper authorization for OMIGLLC to collect, use or disclose any data or content provided by you; and

(vi) any disclosures made with your permission (including, without limitation, your consent that OMIGLLC disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) OMIGLLC will have the right but not the obligation to resolve disputes between Users and Listors relating to the Site and OMIGLLC's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) OMIGLLC's resolution of a dispute will be final with respect to the Site.

You further agree to hold the OMIGLLC Indemnitees harmless from, and indemnify them for, all damages, costs, expenses and other liabilities arising out of or in any way connected with OMIGLLC's resolution of disputes relating to the Site.

11. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED BY OMIGLLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMIGLLC MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. OMIGLLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OMIGLLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMIGLLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF OMIGLLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OMIGLLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IS US $0.00 (zero U.S. dollars). YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO DAMAGES OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN DAMAGES, AND THEREFORE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. General Provisions.

a. Governing Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Georgia, without regard to principles of conflict of laws that would result in the application of different law; and in such event you and OMIGLLC agree to submit to the personal and exclusive jurisdiction of the courts located in Carroll County, Georgia.

b. Changes to the Agreement. OMIGLLC may modify the terms of this Agreement at any time at its sole discretion. Such modified Agreement will be effective immediately upon posting to the Site where the prior version of this Agreement was posted. You agree to be bound to any changes to this Agreement when you use the Site after any such modified Agreement is posted.

c. Waiver. The failure of OMIGLLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

d. Severability. If any term or other provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and all other terms and other provisions of this Agreement shall nevertheless remain in full force and effect.

e. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by you without the prior written consent of OMIGLLC. OMIGLLC may, without your consent, assign all or any portion of its rights and obligations hereunder.

f. Titles. The titles, captions or headings in this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.

g. Other Rules. OMIGLLC may have additional or other rules that govern your use of particular services or promotions available on the Site, and may change such rules from time to time. Those rules will be made available to your prior to or at the time of your use of such services or entry in such contests and promotions. Please read those rules carefully.

h. Entire Agreement. This Agreement constitutes the entire agreement between you and OMIGLLC governing your use of the Site, and supersedes all other prior agreements and communications, whether oral or written, by any party hereto with respect to the subject matter hereof.

i. Language. You agree that English will be the language of the Site and of all transactions occurring in connection with the Site, and you agree to waive any right to use and rely upon any other language or translations. It is the express intention of the parties that this Agreement has been drawn up in English.