TERMS AND CONDITIONS OF USE
Please Read Carefully Before Using This Web Site
This page states the Terms and Conditions of Use (the "TCU") under which you may use http://prestige.mybrokerageportal.com/™ (the "Web Site") and other web sites owned and operated by Prestige Brokerage Services, LLC, its subsidiaries, affiliated limited liability corporations, successors and/or assigns (the "Company").
Customers that have a current contractual right through an agreement with the Company to use the Service shall have the right to enter and use the Web Site.
This is a legal and binding contract between you and the Company To insure a safe, non-offensive environment for all visitors to the Web Site, we have established the TCU. By accessing any areas of the Web Site, you agree to be bound by the TCU set forth below. If you do not agree to all of the Terms of Use, please do not use the Web Site.
The Company may revise the TCU at any time by updating this posting. You and the Company are bound by the TCU, therefore, you are encouraged to visit this page periodically to review the TCU for updated information.
SERVICE DESCRIPTION
Through the Web Site, the Company makes available to customers which have entered into contractual relationships with the Company, a wide variety of proprietary and third party on-line products and services, including general and personalized content, search services, training, analytical tools, communication tools, and forums (the “Service”). For your convenience, the Web Site may contain content, information and services from third parties and links to third party web sites, or may redirect you to third party web sites that may be of interest to you ("Third Party Content and Services"). Third Party Content and Services are not under the control of Prestige Real Estate Group, LLC, and Prestige Real Estate Group, LLC is not responsible for such content (including the accuracy or reliability of any such content, data, opinions, or advice), services or third party web sites, including without limitation any link contained in such content, or any changes or updates to such content, services or third party web sites. Prestige Real Estate Group, LLC is providing the Third Party Content and Services to you only as a convenience, and the inclusion or access to Third Party Content and Services does not imply an endorsement by Prestige Real Estate Group, LLC of such content or services, of the provider of such content or services, or any third party web site. If you link to, or are redirected to a third party web site, you should read that web site’s privacy policy before disclosing any personal information. Prestige Real Estate Group, LLC reserves the right to terminate any link or linking program at any time. Prestige Real Estate Group, LLC cannot and does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of Third Party Content and Services. You are responsible for confirming the sufficiency and reliability of any Third Party Content and Services. Unless specifically stated otherwise, any new feature or service that is changed, added or enhanced by the Company, shall be bound by the Company's TCU.
You must be at least 18 years of age and competent to enter and use the Web Site. By entering and using the Web Site you are agreeing to comply with the TCU and you shall be bound by the TCU.
You understand and agree that use of the Web Site and use of our Service are provided on an "AS-IS" basis without any warranties of any kind and that the Company assumes no responsibility, nor does it represent or guarantee the truthfulness, accuracy or reliability of any communications posted by other users or endorse any opinions expressed by other users. You acknowledge that any reliance on material posted will be at your own risk.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Web Site and the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, other applicable jurisdictions or countries, and that you have obtained a contractual right from the Company to enter and use the Web Site. In establishing your profile on the Web Site, you also agree to: (a) provide true, accurate, current and complete information about yourself, and (b) maintain and promptly update the your profile on the Web Site to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your use of the Web Site and the Service and refuse you the right to future use of the Web Site or the Service, or any portion thereof.
You understand that you are agreeing to receive certain communications from the Company, via e-mail, and these communications are considered part of your contract with the Company. The Company collects certain information from you when you during your use of the Web Site and the Service. This information is subject to the Company's Privacy Policy, incorporated herein by this reference.
CHILDREN’S PRIVACY
The Company is concerned about the safety and privacy of all its users, particularly children. The Web Site and the Service are not intended for use by children, especially those under age 18. This Web Site and the Service are not directed toward children, and we do not knowingly collect information from children.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will establish a password for your account and entry to the Web Site prior to your use of the Web Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify the Company immediately of any unauthorized use of your account or any breach of security. You will be responsible to ensure that you exit from your account at the end of each session. The Company will not be held liable for any loss or damage arising from your failure to comply with this section.
PRIVACY POLICY
Any information collected from you about your company or personal information is subject to the Company's Privacy Policy. Please review our Privacy Policy.
YOUR RESPONSIBILITY AND CONDUCT
You understand and are responsible for any content, including, but not limited to, any information that you publicly or privately post and/or transmit, pictures, advertisements, data, etc. (the "Content") on or through the Web Site. You and not the Company are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Web Site. The Company does not control the Content posted via the Web Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Company be held liable for any Content, including, but not limited to, any errors or omissions in any Content, any Content that might be considered offensive, indecent or objectionable, or for any loss or damage incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available to the Company through the Web Site.
The following uses of the Web Site are strictly prohibited:
CONTENT SUBMITTED OR MADE AVAILABLE TO THE COMPANY TO INCORPORATE INTO OR TO USE ON THE WEB SITE
The Company does not claim ownership of any Content you submit or make available for the Company to incorporate into or to use on the Web Site. However, with respect to Content you submit or make available for the Company to incorporate or to use on publicly accessible areas of the Web Site, you grant the Company the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for the Company to incorporate on publicly accessible areas of the Web Site, the license to use, distribute, reproduce, modify, adapt, and/or publicly display such Content on the Web Site solely for the purposes of providing and promoting the specific area to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Web Site, which is for as long as your are registered with the Company and will terminate at the time you delete your account, the Company deletes your account or the Company removes such Content from the Web Site.
With respect to photos, graphics, audio or video you submit or make available to the Company for incorporation on publicly accessible areas of the Web Site, the license to use, distribute, reproduce, modify, adapt, and/or publicly display such Content on the Web Site solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Web Site, which is for as long as your are registered with the Company and will terminate at the time you delete your account, the Company deletes your account or the Company removes such Content from the Web Site.
With respect to Content other than photos, graphics, audio or video you submit or make available for the Company to incorporate on publicly accessible areas of the Web Site, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, and/or publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree that you are recognizing the global nature of the Internet and you agree to comply with all local rules and regulations regarding on line conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
APPLICABLE LAW
The Web Site is controlled by Prestige Brokerage Services, LLC from its offices within the city of Denver, the state of Colorado, U.S.A. As such, the laws of the State of Colorado, U.S.A., will govern these TCU, excluding any principles or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in the State of Colorado, U.S.A., for any claim, dispute, or litigation with the Company or any of its subsidiaries, affiliates, owners, officers, directors, managers, agents, employees, or partners, arising out of or relating to the use of the Web Site or the Service, waive any objection to the venue of any such litigation in the state and federal courts in Colorado and agree not to plead or claim in any state or federal court located in Colorado that such litigation brought therein has been brought in an inconvenient forum. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these TCU, including without limitation, this paragraph. Failure on the part of the Company to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision. The invalidity of any provision of the TCU, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision of the TCU. You must file any claim or suit related to the Company and the Web Site or the Service within one year after such claim or cause of action arose or you will forever be barred from doing so.
TRADEMARK, SERVICE MARK, COPYRIGHT INFORMATION AND INFRINGEMENT
The Web Site, and Services contain information, Content or advertisement text, photographs, designs, graphics, images, animation and other materials and effects (the "Materials") that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights, patents and/or patents pending owned by the Company and/or third parties. All trademarks, service marks and copyrighted information contained on the Web Site and within the Service are the property of their respective owners. You must have the legal right to any Content you upload or download using the Web Site. Unless otherwise noted, you may view, copy, download, and print the Company's Content on the Web Site, provided you use them only for personal, non-commercial purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. You must contact the copyright owner for permission to use third-party materials appearing on the Web Site. If you feel that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact the Company at support@prestigerealtygroup.com or contact the third-party provider immediately.
INDEMNITY
You agree to indemnify and hold the Company, its owners, subsidiaries, affiliates, managers, directors, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of Content you submit, post, transmit or make available through the Web Site, your use of the Web Site, your connection to the Web Site, your violation of the TCS, or your violation of any rights of another.
DISCLAIMER/LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR NEEDS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEB SITE OR THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE WEB SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TCU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE WEB SITE OR THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE WEB SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEB SITE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THE WEB SITE.
ENTIRE AGREEMENT
You are agreeing and accepting the TCU, as the agreement between you and the Company governing your use of the Web Site, and superseding all prior terms and conditions of use of the Web Site which may previously have been in effect. Additional terms and conditions may apply by way of other agreements with the Company concerning the Service, or when you use or purchase other services from the Company, third party Content or third party software and/or affiliated websites. There are no rights of survivorship, nor are you permitted to assign your account or Contents of your account. Any section titles in the TCU are for your convenience only and have no substantive, legal or contractual effect.
CONTACT US
If you have concerns or questions about any aspect of this policy or would like to report a violation of this policy, e-mail us at support@prestigerealtygroup.com or contact Prestige Brokerage Services, LLC, 9200 E. Panorama Circle, #120, Englewood, CO 80112