We are committed to protecting the privacy and security of the users of our sites.

By using any part or area of ELEVATEREALESTATE.COM, you agree to all of the following terms and conditions of use.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION:
Please see the Privacy Statement for our policies with regard to your privacy and personal information.

PERSONAL AND NON-COMMERCIAL USE:
ELEVATEREALESTATE.COM is for your personal and non-commercial use only. You may not reproduce or copy, change or modify, distribute, transmit, display, perform or publish, license or create any type of derivative works from, transfer, give or sell any of the information, software or products which you may or which may be obtained from ELEVATEREALESTATE.COM without our prior written consent which, at our sole discretion, may or may not be given.

MEMBER ACCOUNT, PASSWORD AND SECURITY:
In order to become a member of ELEVATEREALESTATE.COM , you must fully complete the registration process by providing complete and accurate information as required within the online registration form. After you have fully completed the registration form, you will then choose a password and a member name. The combination of your e-mail address and user name you enter at the time of registration form a unique identifier for your account. If ELEVATEREALESTATE.COM does not recognize you from a previous sign in, you will be asked to enter the e-mail address that we have on file to help us locate your account. It is your responsibility to maintain the confidentiality of your password and account. You are solely responsible for any and all activities that occur under your account. You agree to notify ELEVATEREALESTATE.COM immediately of any unauthorized use of your account.

ELEVATEREALESTATE.COM is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

In connection with your membership, you hereby agree that ELEVATEREALESTATE.COM has the right to e-mail your first renewal notice to the e-mail address that you provided and we have on file for your membership account, and you consent to receive this e-mail renewal notice. After receipt of this first e-mail renewal notice, you will be given the opportunity to Opt Out from receiving any future e-mail renewal notices for the remainder of the term of that membership period to ELEVATEREALESTATE.COM.

RESTRICTIONS ON USE:

As a condition of your use of ELEVATEREALESTATE.COM, you hereby agree that you will not use, nor will you allow to be used, ELEVATEREALESTATE.COM for any purpose that is unlawful or is otherwise prohibited by these terms, conditions and notices. You may not use the ELEVATEREALESTATE.COM in any manner which could damage, disable, overburden or impair any area of the Web site or otherwise interfere with any other party's full use and enjoyment of ELEVATEREALESTATE.COM Web site. You may not attempt to gain unauthorized access to ELEVATEREALESTATE.COM , any related Web site, other accounts, computer systems or networks connected to ELEVATEREALESTATE.COM, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to all registered users through ELEVATEREALESTATE.COM. Your access to ELEVATEREALESTATE.COM may be terminated immediately, with or without notice, if you fail to comply with any provisions of these terms and conditions.

LINKS TO THIRD-PARTY SITES:
ELEVATEREALESTATE.COM contains links to third-party Web sites. These linked sites are not under the control of ELEVATEREALESTATE.COM. We have no responsibility and hereby expressly disclaim any liability, ownership and/or copyrights to or for the contents of any linked site herein.

SUBMISSIONS:
ELEVATEREALESTATE.COM will not accept, review or consider any unsolicited submissions. Any submissions to ELEVATEREALESTATE.COM shall become the property of ELEVATE REAL ESTATE MEDIA, LLC. No submission will be subject to any reimbursement or any other type payment by us.

SERVICE CONTACT:
You may e-mail your requests for customer service to us here.

ELEVATEREALESTATE.COM reserves the right to terminate your access to ELEVATEREALESTATE.COM or any portion thereof for any reason, at any time, without notice. Upon such termination, ELEVATEREALESTATE.COM shall return the unused pro-rata portion of your ELEVATEREALESTATE.COM membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to ELEVATEREALESTATE.COM.

SOFTWARE AVAILABLE THROUGH ELEVATEREALESTATE.COM
All software that is made available to view and/or download in connection with ELEVATEREALESTATE.COM, ("Software") is owned or controlled by ELEVATE REAL ESTATE MEDIA, LLC and/or its licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software, and ELEVATE REAL ESTATE MEDIA, LLCs accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

LIABILITY DISCLAIMER:
ELEVATE REAL ESTATE MEDIA, LLC AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN ELEVATEREALESTATE.COM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ELEVATE REAL ESTATE MEDIA, LLC AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU SPECIFICALLY AGREE THAT ELEVATE REAL ESTATE MEDIA, LLC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OR INTERCEPTION OF YOUR PERSONAL INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ELEVATEREALESTATE.COM. YOU SPECIFICALLY AGREE THAT ELEVATEREALESTATE.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ELEVATEREALESTATE.COM BY ANY THIRD PARTY. YOU FURTHER AGREE THAT ELEVATE REAL ESTATE MEDIA, LLC AND/OR AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO ELEVATEREALESTATE.COM AND/OR MAY DISCONTINUE ANY PART OF ELEVATEREALESTATE.COM AT ANY TIME.

IN NO EVENT SHALL ELEVATE REAL ESTATE MEDIA, LLC AND/OR AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR UNAUTHORIZED ACCESS TO OR ALTERATION OR INTERCEPTION OF YOUR PERSONAL INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ELEVATEREALESTATE.COM, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH ELEVATEREALESTATE.COM, OR OTHERWISE ARISING OUT OF THE USE OF ELEVATEREALESTATE.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PREMIERE RADIO NETWORKS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN ELEVATE REAL ESTATE MEDIA, LLC’S TOTAL AND MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO YOUR MEMBERSHIP FEE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ELEVATEREALESTATE.COM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ELEVATEREALESTATE.COM AND HAVE RETURNED TO YOU THE UNUSED PRO-RATA PORTION OF YOUR MEMBERSHIP FEE ON A 52-WEEK PRO-RATED BASIS.


MODIFICATION OF THESE TERMS OF USE:
ELEVATEREALESTATE.COM may, from time to time, change the terms and conditions governing this Web site. It is therefore important that you regularly review these terms and conditions to learn of any changes which may govern your use of this Web site. Your continued use of ELEVATEREALESTATE.COM constitutes your continued agreement to all such terms and conditions and/or changes hereto.


GENERAL:
These terms and conditions are governed by the laws of the State of Arizona, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Maricopa County County, Arizona. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. If any provision of these terms and conditions are found to be invalid by any court having competent jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term. These terms and conditions constitute the entire agreement between you and the ELEVATE REAL ESTATE MEDIA, LLC with respect to the use of ELEVATEREALESTATE.COM. No changes to these terms and conditions shall be made except by a revised posting on this Web page, and these terms and conditions may not be modified by any advertisements of ELEVATE REAL ESTATE MEDIA, LLC or oral or written communications by ELEVATE REAL ESTATE MEDIA, LLC, except for a written communication from an authorized officer of ELEVATE REAL ESTATE MEDIA, LLC.

Last modified on: 8/20/2006

 

 



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