This LandBlueBook User Agreement is made by and between Land Blue Book, Inc, (“LandBlueBook") and you, (hereinafter “the User" or “You" or “Your”) each time you use the LandBlueBook Web Site (the “Web Site”).
General Terms and Conditions
The submission of information to and use of, the real estate listing service available through the LandBlueBook Web Site is subject to the following terms and conditions (“Terms and Conditions”). These Terms and Conditions govern your use of the Web site. BY SUBMITTING INFORMATION to or accessing information from the Service, YOU, the end user customer, AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and LandBlueBook. If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: info@landbluebook.com. These Terms and Conditions are subject to change by LandBlueBook at any time in its discretion without notice. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly. These Terms and Conditions were last updated: 7/06/2007
Services Fees Fees for the services provided by LandBlueBook are due and payable in advance beginning on the date that you request the service. Fees for such services are non-refundable.
Membership Fees
Membership Fees are due and payable in advance beginning on the date that you join LandBlueBook. Your membership Fee is non-refundable.
Fraud
Without limiting any other remedies, LandBlueBook may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
Payment Terms
User agrees to pay for membership, advertisements and other services ordered through the LandBlueBook web site using the payment method indicated, and provides LandBlueBook express authorization to charge said fees to their payment provider. If payment is not current, LandBlueBook may immediately cease to provide any and all services to the customer.
Listings
Listings may only include text descriptions, graphics and pictures supplied to our site that describe the item for sale. If there is an error in any advertisement, it is the responsibility of the user to go online and modify the ad. LandBlueBook shall have the right to modify the property listing in the exercise of its rights under this Agreement. User agrees not to place any web site address, e-mail address or phone number on any input fields or input text boxes on List Land page, such as, but not limited to Description field of List Land, for existing or new land listings.
Limitations on service
YYou acknowledge that LandBlueBook may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that LandBlueBook has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that LandBlueBook reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that LandBlueBook shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. LandBlueBook reserves the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any posting rule will be made by LandBlueBook in its discretion after we have actual notice of such a posting.
Termination of service
You agree that LandBlueBook, in its sole discretion, has the right, but not the obligation, to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if LandBlueBook believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that LandBlueBook shall not be liable to you or any third party for any termination of your access to the Service. Furthermore, you agree not to attempt to use the Service after said termination.
Trademarks
The Product employs various trademarks and service marks of LandBlueBook and of other parties. Each of these trademarks and service marks is the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Release, Waiver, & Covenant Not to Sue
User hereby releases and discharges LandBlueBook and each of its officers, directors, employees, business partners, and any other authorized agent or representative of LandBlueBook from any and all liability associated with User's use of the LandBlueBook Web Site or with LandBlueBook’s termination of User’s use of the LandBlueBook Web Site, to the fullest extent allowed by law. This release shall apply to any and all claims, known or unknown, current or future, held by User. User hereby also covenants not to sue and expressly waives any and all claims against LandBlueBook for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement.
Indemnity
User will indemnify and hold harmless LandBlueBook at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs arising out of or relating to (i) breach of these terms and conditions, (ii) negligence or misconduct by User, (iii) a claim that any Content or other information provided by User infringes the copyright, trademark, trade secret, patent or other proprietary right of a third party or (iv) the use of any information or Content provided to LandBlueBook. User will also indemnify LandBlueBook for any and all costs and expenses (including attorneys' fees) associated with any legal action brought by User. User will also indemnify and hold the LandBlueBook harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.
Disclaimers
UUser will have access to a variety of sources of content through the Internet. LandBlueBook has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, LandBlueBook will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. Company has no control over and accepts no responsibility whatsoever for such materials. User understands that, except for information, products or services clearly identified as being supplied by LandBlueBook, LandBlueBook does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that LandBlueBook cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. LandBlueBook does not assume any responsibility or risk for User's use of the Internet. LandBlueBook expressly disclaims any and all warranties with respect to any Content accessible within or through the Web Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
Limitation of Damages
Notwithstanding anything contained herein to the contrary, LandBlueBook (and its employees, agents, owners, and affiliated entities, if any) shall NOT, in any event, be liable to User or any of User's employees, agents, owners, or affiliated entities, if any, for any loss, damages, lost profits, lost savings, lost revenues, damages for loss of goodwill, damages for work stoppage, damages for computer failure or malfunction, any other commercial damages or losses, incidental, indirect, consequential, special, or punitive damages, pain and suffering, emotional distress, or claims of any kind, legal or equitable, occurring at any time and relating to this Agreement or arising out of actions taken or not taken by LandBlueBook as a result of this Agreement, even if LandBlueBook shall have been advised of the possibility of any such potential loss or damage. The foregoing limitation of damages shall apply regardless of the form of the action, whether in contract, warranty, tort (including but not limited to negligence, gross negligence, and strict liability) or otherwise. In no event shall LandBlueBook’s liability to User exceed the amount of fees invoiced by LandBlueBook or paid by User to LandBlueBook pursuant to this Agreement for the period during which the loss, damages, or claims were incurred. Limitation of Duration of Claim No action, regardless of form, arising out of this Agreement, may be brought by User more than one (1) year after it has accrued.
Limitation of Duration of Claim
No action, regardless of form, arising out of this Agreement, may be brought by User more than one (1) year after it has accrued.
Jurisdiction
LandBlueBook is headquartered in the State of Florida of the U.S. These Terms of Use and your use of this Product shall be governed by the laws of the State of Florida without regard to its conflicts of laws principles. You irrevocably consent to the exclusive jurisdiction of the federal and state courts located in the State of Florida for any action to enforce these Terms of Use. The parties consent to the venue and jurisdiction of any state or federal court of general jurisdiction sitting in the judicial district in Hillsborough County, Florida, in any action brought with respect to this Agreement, and the parties hereby waive any objection to such venue.
Complete Agreement/Incorporation
This Agreement contains the complete understanding of the parties with respect to the subject matter hereof and supersedes all other agreements, understandings, communications and promises of any kind, whether oral or written, between such parties with respect to such subject matter.