Date: 12/04/2024
Prior to using this service (“Website”), Asset Marketing Consultants, Inc. (“the Company”, “Asset Marketing Consultants, Inc.”, “We”, “Our”, or “Us”) requires you to review this Terms of Use Agreement (“Agreement”) and you acknowledge that you read, understand and agree to be bound to all the terms and conditions of this agreement.
This Agreement outlines the terms of use applicable to this Website and the products and Services provided through this Website. By accessing, browsing or using this Website, through any direct or indirect means or by using the product or Services provided and offered in or through this Website by any alternative methods (including, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of Use, and our Privacy Policy.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION, WAIVER OF JURY TRIAL, CLASS ACTION. PLEASE REVIEW THESE PROVISIONS. If you do not agree with these provisions, please do not use our Website. By use of our Website or Services you will be deemed to have read and accepted all terms in this Agreement.
This Website and Service is intended for United States residents only. This Website is not intended for the use of minors. You certify that:
REAL ESTATE DISCLOSURE
You represent and warrant that all information you provide via the Website, including but not limited to our request form, is true and complete. Your use of this Website constitutes your agreement with the arrangement whereby We may receive compensation for referring You to companies you direct Us to such as, real estate companies or professionals (our “Customers”).
When you submit a request and consent on this Website, You authorize Us to share your information with specific Customers in Our network of real estate professionals, these are selected by you in the consent form prior to submission. You understand and agree that these Customers may keep this information, whether or not you complete a transaction with them.
You further understand and agree that, by selecting a Customer you are extending an express written consent for them to contact you regarding real estate services, including marketing & informational messages, using email, telephone, or text message, and consent to receiving communications through regulated technology, auto-dialed and/or pre-recorded calls and automated text messages to the phone number you provide, even if your phone number is on any federal, state or other Do Not Call list. You are not required to provide such consent in order to speak with someone. Please email Us at: info@zbuyer.com
Electronic Communications: When you access, use or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Anti-Spam Policy: We take all commercially reasonable efforts to avoid Spam. If you feel that you have been subjected to unwanted email marketing from us, please contact us at your earliest convenience and we will assist in removing you from those marketing efforts. We reserve the right to terminate any marketing services agreement at any time should we presume a marketing partner is in violation of these policies or is participating in spamming.
Prohibited Use: You shall not use this Website for any illegal purpose or for the transmission of any unlawful material or material that is harmful, harassing, abusive, libelous, racially or ethnically offensive, invasive of another's privacy, vulgar, threatening, obscene, sexually explicit, tortious, defamatory, or that infringes or may infringe on the intellectual property or rights of another, or in a reasonable person’s view objectionable; directly or indirectly interfere, or attempt to interfere with the proper working of this Website or system integrities or securities; interference of any account, or any communication or transaction being conducted on this Website; use any robot, spider, other automatic device, or manual process to monitor or access or copy our web pages or any content without our prior expressed written permission; take any action which imposes an unreasonable or disproportionately large load on our infrastructure; post, upload, transmit, submit, email or make available by any other means any data or content protected under any law or contractual relationship that you do not have the right to distribute; conduct fraud, represent yourself as someone else or hide or attempt to hide your identity; and interfere or attempt to interfere with the proper working of this Website.
Copyright and Trademark Notice Information: Our Website contains intellectual property owned by us and other parties. As between us and you, we are the sole owner of the Website and all materials on or available through our Website including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively “Website Content”). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Website Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website Content solely for your personal, non-commercial use or records, provided that our marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.
Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of our Website Content unless you first obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify our Website or Website Content, to overthrow or elude our security features, or to utilize our Website for other than its intended purposes is strictly prohibited.
NO WARRANTY
THE CONTENT AND ALL SERVICES ASSOCIATED WITH THIS WEBSITE AND OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THESE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THESE SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF OUR WEBSITE MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY OPERATIONS PROVIDED ON OR THROUGH OUR SERVICES.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by a user of our Website or by any of the equipment or programming associated with or utilized in connection with our Website or any Services provided on or through our site, or by any technical or human error which may occur in the processing of information received by us. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with our Website. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our Website/Services or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of our Website or Website Content.
LIMITATION OF LIABILITY AND DAMAGES
IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT (v) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES OR THE CONENT; AND (vi) WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
RELEASE
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE US AND OUR AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER- Review this section carefully. This arbitration provision limits your and our ability to litigate claims in court and you and us each agree to waive respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against us in any state or federal court.
BY ACCESSING AND/OR USING ANY WEBSITE OR SERVICES OF THE COMPANY, YOU AGREE TO THESE TERMS AND CONDITIONS OF THIS ARBITRATION AGREEMENT. DO NOT USE OUR SERVICES OR SUBMIT ANY CONTACT INFORMATION IF YOU DO NOT AGREE TO THESE TERMS.
Any dispute, claim or controversy arising out of or relating to the use of this Website, the Services or any other goods or Services provided by us, or to any acts or omissions for which you may contend we are liable("Dispute"), shall be finally, and exclusively, settled by arbitration in Greene County, Missouri. The arbitration shall be conducted under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. One arbitrator shall be selected pursuant to the AAA rules. We will cover the filing fee and the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Greene County, Missouri. Arbitrators are not authorized to award damages beyond actual compensatory damages and may not award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joiner or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court.
In the event the arbitration provisions herein become inapplicable or unenforceable, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Greene County, Missouri. In the event we employ attorneys to enforce any right in connection with any Dispute or lawsuit, we shall be entitled to recover reasonable attorneys' fees.Indemnification: You agree to indemnify and hold Us, Our subsidiaries, affiliates, agents, shareholders, officers, service providers, contractors, vendors, 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 this Website or Services, the violation of this Agreement by you, or the infringement by you, or other user of this Website using your computer, of any intellectual property or other right of any person or entity. We and Our service providers assume no responsibility whatsoever for such content or actions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Changes to Site or Terms and Policies: We reserve the right to change any information, feature or functions of our Website without prior notice. We may deny you access to the Website for any reason without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our legal rights or the legal rights of any third party or are otherwise inappropriate. We are not responsible for any errors or delays in providing the Website whether caused by errors in the registration information you provided by any technical problems in our system.
We reserve the right to make changes to this Agreement and the posted Privacy Policy. Any changes made will be effective from the date of such posting without further notice to you. As such, the Privacy Policy and Terms of Service posted at the time you visit and access our Website will govern our relationship for that Website visit.
Contact Us: info@zbuyer.com