- ACCEPTANCE OF TERMS
Welcome to the NationalBLS ("we", "us", "our" and "NationalBLS") website (www.nationalBLS.com) (the "Website"). NationalBLS provides access to the Website and the services available on it to you subject to the following Terms of Service (reference to the Website includes reference to the services available on the Website). By using the Website, you agree to abide by the following terms and conditions and the Privacy Policy , whether you are a visitor (which means that you simply browse the Website without being registered) or you are a member (which means that you are a registered user of the Website, whether buyer, seller, lender or real estate professional). If you do not agree to these Terms of Service, please do not use the Website.
We may update this Terms of Service by posting a new version at http://www.nationalBLS.com/termsOfService and your continued use of the Website after any such update constitutes your binding acceptance of such changes.
- PRIVACY POLICY
These Terms of Service are subject to the Privacy Policy incorporated herein by reference. Please review our Privacy Policy available at www.nationalBLS.com/privacyPolicy.
- TYPES OF ACCOUNTS
- Standard Service. For buyers and sellers who will use the Website for personal use only. Real estate professionals may register for this service, but must clearly identify themselves as an "Agent" if selling or buying one or more properties for personal use. The standard service registration is free for buyers. However, the seller must pay a per-user/per-transaction fee for each transaction under the standard service. All buyers, sellers, lenders and real estate professionals are prohibited from including contact information in the areas designated as "free text areas".
- Pro Service. For real estate professionals who will use the Website as an "Agent" or "Lender" ("Professional") to a buyer, seller or both. NationalBLS will make available to you one or more subscription packages for the NationalBLS Pro Service. Buyers and sellers may also register for this service. For additional information regarding subscription (including without limitation fees, charges, terms of subscription, offer credits, etc.) to the Pro Service, please visit www.nationalBLS.com/agentBenefit.
- ACCOUNT PASSWORD AND SECURITY
By registering for the Website as a buyer or seller, you acknowledge and agree that the Website is for personal use only. Real estate Professionals must register as "Agents" or "Lenders" and must clearly identify themselves as an "Agent" if selling or buying property for personal use. Professionals must include their active real estate license number. Real estate Professionals can create accounts for buyers and sellers but must have those accounts activated by the buyer or seller. Real estate Professionals may only register once and have only one account.
You may use the Website only to facilitate transactions on your behalf. The Website contains some features that require registration ("Restricted Areas"). At the time of registration for online account access, you will select a Password to be used in conjunction with your account. You are entirely responsible for maintaining the confidentiality of your Password and account and for restricting access to your computer. Furthermore, you are entirely responsible for any and all activities that occur under your account or with the use of your Password. You agree to notify NationalBLS immediately of any unauthorized use of your account or any other breach of security. NationalBLS will not be 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. However, you could be held liable for losses incurred by NationalBLS or another party due to someone else using your account or Password. You may not use anyone else's account at any time, without the permission of the account holder. NationalBLS reserves the right to refuse service, terminate accounts, remove or edit content, or block any transaction at its sole discretion.
You may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer your account (including your Password) to a third party without the prior written consent of NationalBLS. NationalBLS may suspend or terminate your account or the account of the transferee in the event of a sale, offer to sell, gift, assignment or transfer in violation of the Terms of Service.
If you are a business entity, you represent that (a) you have the authority to bind the entity to this Terms of Service; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to NationalBLS while setting up your account is true, accurate, current and complete.
- YOUR REGISTRATION OBLIGATIONS
- General. By registering as a buyer, seller, or Professional on the Website, you agree to provide accurate, current and complete information about yourself as prompted ("Registration Data") and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete or NationalBLS has a reasonable ground to suspect that such information is inaccurate, not current or incomplete, NationalBLS may deny you access to areas requiring registration, at its sole discretion.
If you are a real estate professional, you agree that you must register as an "Agent" or "Lender" on the Pro Service or give full notification that you are an "Agent", "Lender", or both respectively if you use the Website for personal use as a buyer or seller. Deliberate attempts to misrepresent yourself as a real estate professional or authenticate misrepresenting information of your clients will result in immediate denial of access to the system and reporting of such activity to any appropriate regulatory body. We may deny future access to the system, terminate your account and/or suspend your account at our sole discretion.
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Fees; Charges. In connection with the Pro Service, you agree to pay the subscription fees in advance in U.S. Dollars. You must provide NationalBLS with a valid credit card or other payment method approved by NationalBLS, and you authorize NationalBLS to automatically charge the subscription fees in advance for each subscription term until your subscription is cancelled or otherwise terminated to such credit card or other payment method. In connection with the standard service, you agree to pay the pay-per-use/pay-per-transaction fees or other applicable fees in advance in U.S. Dollars. You must provide NationalBLS with a valid credit card or other payment method approved by NationalBLS.
In the event that any applicable fee or subscription fee is not paid on a timely basis, including without limitation due to an invalid or expired credit card number, NationalBLS may, in addition to any other available remedies, suspend or terminate your account, deny future access to the Website, refuse service, or block any transaction at its sole discretion.
In addition, any unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less) until all unpaid amounts are paid. Any applicable fee or subscription fee is exclusive of applicable taxes. You are responsible for paying (i) all taxes, government charges, and (ii) reasonable expenses (including collection agency and attorneys' fees) NationalBLS incurs collecting unpaid amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (without prejudice to your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of NationalBLS. Nothing in these Terms of Service obligates NationalBLS to extend credit to any party.
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Offer Credits. In connection with the Pro Service, real estate Professionals or users may be awarded Offer Credits in return for but not exclusively for introducing new real estate professionals or qualified authenticated buyers to NationalBLS. Offer Credits can only be exchanged for making offers to buyers. Offer Credits are not transferable between real estate professionals or other users, do not hold any monetary value and cannot be exchanged for cash with NationalBLS. Offer Credits cannot be used to pay for subscription fees or any other fees. In the event that a real estate professional or a user cancels their account, the Offer Credits for such account holder will be automatically cancelled.
- Opt Out. As a result of your registration, you may receive certain commercial communications from NationalBLS related to content found on the Website. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by sending an email to: opt-out@NationalBLS.com.
- Refunds. If an offer is made from a Seller to a Buyer on the system and that offer is not viewed within 30 days from being submitted through the NationalBLS system, the Seller shall be entitled to receive a credit in the amount of the offer fees previously billed to the seller. In no case shall NationalBLS be held liable for consequential damages arising from claims of tort or otherwise in excess of the offer fee.
- AGE REQUIREMENT
The Website is not intended for children under the age of 18. If you are under 18 years of age, then please do not use the Website or any services offered on the Website. By using the Website, you represent that you are not under the age of 18. Talk to your parent or guardian about what sites are appropriate for you.
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CANCELLATION OF ACCOUNT
If you violate any of the Terms of Service, NationalBLS may, in addition to any other rights and remedies it may have, immediately terminate your account (including your subscription to the NationalBLS Pro Service) without any notice or other action by NationalBLS. In the event of such termination, no amounts that you may have prepaid for use of the Website will be refunded. You will have the right to cancel your account at any point in time from within your NationalBLS account. While you will no longer be billed, no amount that you may have prepaid for use of the Website will be refunded. Inactivity on your account does not constitute or imply cancellation of your account.
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DESCRIPTION OF SERVICE
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General. Through the Website, NationalBLS provides an electronic web-based platform for buyers to list and broadcast property requirements anonymously and sellers to approach buyers with offers to purchase properties that meet the requirements of buyers. Real estate professionals may provide information obtained through the Website to third-parties, or take action on behalf of a third-party, such as by posting a buyer requirement listing or contacting a buyer. Real estate professionals may not solicit buyer accounts on the Website except as specifically defined in the operation of the Website. All contact with a buyer must be in relation to a valid offer. In addition, a real estate professional cannot and must not make an offer to a seller without the permission or consent of such seller.
You understand NationalBLS does not represent the seller, the buyer or the real estate professional in any specific transactions. You understand that NationalBLS does not monitor or control the content of information or User Materials posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because NationalBLS does not control the content posted via the Website, NationalBLS does not guarantee the accuracy, integrity or quality of such content. You acknowledge that NationalBLS is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services posted or offered for sale on the Website or the ability of buyers and/or sellers to complete a purchase or sale transaction.
You are hereby made aware that there are risks of dealing with people acting under false pretenses. NationalBLS verifies the accuracy of certain information you provide it when you register on the Website. However, because verification of your information on the Internet is difficult, NationalBLS cannot and does not confirm your purported identity. We encourage you to use the various tools, as well as common sense, to evaluate the parties or individuals with whom you are dealing.
You acknowledge that you are fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, and that you are fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, and breach of contract. Such risks also include the risks that the offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate third party rights, and the risk that you may incur costs of defense or other costs in connection with third parties' assertion of their rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party claimants. Such risks also include the risks that purchasers or others claiming to have suffered injuries or harms relating to product or services originally obtained by you from the Website as a result of purchase and sale transactions in connection with using the Website may suffer harms and/or assert claims arising from their use of such products or services. All of the foregoing risks are hereafter referred to as "Transaction Risks." You agree that NationalBLS shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, disruptions (business or personal) or expenditures of any kind, known or unknown that may arise as a result of or in connection with any Transaction Risks.
You are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Website, including, without limitation, terms regarding payment, warranties, insurance, fees, taxes, title, licenses, fines, permits, point-of-sale conditions or otherwise.
NationalBLS is not involved in any transactions between you and any of its users or visitors. Nothing contained on the Website is an offer or promise to sell a specific product for a specific price or that any user will buy any product or service for any purpose or price or on any specific terms. NationalBLS is not responsible for and does not guarantee the price, terms, product, availability, and/or services or information provided or offered by any advertiser, agents, or user of its service. If you have a dispute with one or more advertisers or users, you release, acquit and fully discharge NationalBLS, and its affiliates, parents, subsidiaries, successors and assigns, and each of their respective officers, directors, employees, agents, representatives, shareholders and affiliates, from any and all losses, liabilities claims, actions, causes of action, demands, proceedings, costs, expenses (including without limitation attorneys' fees, court costs, witness fees, and expert fees) and damages (including without limitation any actual, special, incidental, punitive or consequential damages) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In the event that you have a dispute with any party to a transaction, you agree to release and indemnify NationalBLS and its affiliates, parents, subsidiaries, successors and assigns and each of their respective agents, affiliates, directors, officers, employees, representatives and shareholders from any and all losses, liabilities, claims, demands, actions, causes of actions, proceedings, costs, expenses (including without limitation attorneys' fees, court costs, witness fees, and expert fees) and damages (including without limitation any actual, special, incidental, punitive or consequential damages) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or in connection with such transaction.
- Buyer Authentication. A prequalified buyer may ask to be authenticated by one of the suitable authentication methods permitted on the Website. The method chosen may be found on the Website under the section entitled "Buyer Authentication". Authentication will take place when the buyer can show written physical evidence acceptable in the sole discretion of NationalBLS that such buyer is qualified (i.e. funding is in place from the applicable lender). NationalBLS will accept such written physical evidence from buyer via mail, email or facsimile sent to NationalBLS at 576 Sacramento Street, 4th Floor, San Francisco, CA 94111, auth@nationalBLS.com, and facsimile number (415) 373 - 3988. Professionals may also authenticate a Buyer. Upon verification by the Professional of acceptable evidence to verify the Buyer's claims of financial ability, the Website records the approval date, the expiration date, the lender information and the amount approved. It is the Professional's sole responsibility to confirm that the details and information provided by the buyer are true and correct. The Professional must state its name, address, realtor license number and date on such confirmation. The Professional must not authenticate unless evidence is viewed. NationalBLS is not responsible or liable for any damages, losses, liabilities, claims, causes of actions of any kind whatsoever with respect to the authentication of the buyer. Such authentication is the sole responsibility of the Professional.
- USER CONDUCT
- Prohibited Acts. Any illegal or unauthorized use of the Website or of any NationalBLS services shall constitute a violation of these Terms of Service. You do not have permission to access the Website in any way that violates these terms and conditions. You agree to not use the Website for any illegal or unauthorized activity, which includes, but is not limited to:
- engagement in any criminal or tortuous activity, including child pornography, fraud, trafficking obscene material, harassment, stalking, spamming, sending viruses or any other harmful files, theft or disclosure of trade secrets;
- copyright infringement or patent infringement;
- harm to minors in any way, including soliciting private information from any person under 18;
- impersonation of any person or entity or other misrepresentation of your affiliation with a person or entity;
- interference with or disruption of the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- intentional or unintentional violation of any applicable local, state, national or international law; and violate, in any way, the Fair Housing Act, or other state or local laws prohibiting discrimination in housing, such as by stating, in any notice or ad for the sale or rental of any property, a discriminatory preference on the basis of race, color, national origin, religion, sex, family status, or handicap.
- User Submissions. You agree that you are solely responsible for any and all content and other material that you submit, publish, display or link to on the Website or send to other NationalBLS users ("User Materials"). You may not submit, post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have prior permission from their rightful owners, and to grant NationalBLS all of the license rights granted herein. You may not submit any User Materials that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or is in violation of any federal, state or local Fair Housing Laws. In addition, you agree to not purposely provide false or misleading information on the Website. Any User Material that you submit to NationalBLS may be redistributed through the internet and other media channels, and may be viewed by the general public.
NationalBLS may or may not pre-screen User Materials, but that NationalBLS and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Website. Without limiting the foregoing, NationalBLS and its designees, reserve the right, in their sole discretion, to remove any User Materials that violate the Terms of Service or are otherwise objectionable in the sole discretion of NationalBLS. NationalBLS reserves the right to investigate complaints or reported violations of the Terms of Service and to take any action it deems appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. NationalBLS reserves the right to seek all remedies available to it, whether at law or in equity, for violations of the Terms of Service, including but not limited to, civil, criminal and injunctive redress and the right to block access from a particular Internet address to the Website and its features.
By using the Website, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You agree that you will not rely on any content available on or through the Website. Under no circumstances will NationalBLS be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Website.
You agree that by posting User Materials on the Website, you are granting NationalBLS an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed. You understand that NationalBLS does not endorse or warrant any particular User Materials or information available via the Website.
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INDEMNITY
You agree to indemnify, defend, and hold harmless NationalBLS and its parents, subsidiaries, successors, assigns, and affiliates, and each of their respective directors, officers, employees, agents, shareholders, representatives, affiliates, co-branders and other partners, and representatives from any and all losses, claims, causes of action, damages, demands, costs, liabilities (including legal costs on a full indemnity basis) due to or arising out of, directly or indirectly, from or related to or as a result of (a) your use of the Website (including but not limited to the display of your information on the Website) or any transaction resulting from use of the Website, (b) your submission, posting or transmission of User Materials, (c) your breach of any terms and conditions set forth herein, (d) your breach of any representations, warranties and covenants made by you to us, (e) any claims asserted by a third party relating to products offered or displayed on the Website, or (f) your violation of any rights of another user, person or entity.
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MODIFICATION TO WEBSITE OR SERVICES
NationalBLS reserves the right at any time to change, modify or discontinue, temporarily or permanently, the Website (or any part thereof), including the Restricted Areas, our policies, and the Terms of Service at any time, with or without notice. NationalBLS shall not be liable to you or any third party for any changes, modification, suspension or discontinuance of the Website. We may change, add to or delete these Terms of Service or any portion thereof from time to time at our sole discretion. If there are material changes to our Terms of Service, we will post a link to our revised Terms of Service on our home page or the Website. Your continued use of the Website will constitute your acceptance of any revised Terms of Use. Except as stated elsewhere, all amended terms shall automatically be effective upon posting.
- TERMINATION
NationalBLS may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Restricted Areas and/or your account on the following grounds that include, but are not limited to:
- breach or violation of the Terms of Service or other agreements or guidelines,
- request by law enforcement or government agencies,
- request by you (self-initiated account deletions),
- discontinuance or material modification of the Website (or any part thereof),
- unexpected technical or security issues or problems,
- non-payment of your account, or
- extended periods of inactivity.
In the sole and absolute discretion of NationalBLS, termination of your account may include without limitation:
- removal of your access to all offerings within the Website's Restricted Areas,
- deletion of all of your Website account information, Registration Data, User Materials, and other content associated with your Website account (or any part thereof), and/or
- barring further use of the Website's Restricted Areas.
- ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to NationalBLS, you consent to receive communications from us electronically. We may communicate with you by email, fax, or by posting notices on the Website. In addition, 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.
- DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of, advertisers, buyers, sellers, or real estate professionals found on or through the Website, including payment for and delivery of related goods, services, or real property, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that NationalBLS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Website.
- LINKS TO THIRD PARTY SITES
The Website may contain links to third-party websites that are not owned or controlled by NationalBLS. NationalBLS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve NationalBLS from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms of services and Privacy Policy of every other website that you visit. Unless we expressly state otherwise, the fact that the Website has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers.
- INTERNATIONAL USERS
NationalBLS controls the Website from its offices within the United States of America, and the Website is intended for use only in the United States of America. NationalBLS does not represent that the materials on this Website are appropriate or made available for use outside of the United States of America. However, because of the global nature of the Internet, as a condition of your use of the Website, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access the Website, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.
- INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including without limitation, the text, software, scripts, graphics, images, button icons, clips, digital downloads, data compilations, sounds, videos, articles, and the like ("Content") and the trademarks, service marks, service names, and logos contained therein ("Marks"), are owned by or licensed to NationalBLS, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Nor are you permitted to reverse engineer, or disassemble the Content or create any derivative work from the Website. NationalBLS reserves all rights not expressly granted in and to the Website and the Content and the Marks. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than expressly permitted herein.
- LIMITED LICENSE
NationalBLS grants you a non-exclusive, nontransferable, revocable, limited license to access and use the Website in accordance with the Terms of Service, expressly excluding any right to download (other than page caching) or modify it, or any portion of it, except with the express written consent of NationalBLS. No other use of the information is authorized without the express prior written consent of NationalBLS. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of NationalBLS. No right, title or interest in any Content is transferred to you, whether as a result of use of the Website or such Content or otherwise. You may not frame or utilize framing techniques to enclose any Content or Marks of NationalBLS without express written consent. Any unauthorized use terminates the permission or license granted by NationalBLS. Except as expressly authorized by the Terms of Service, you may not use, use in modified form, alter, copy, distribute, transmit, or derive another work from any Content or Mark obtained from the Website or the services provided therein, except as expressly permitted by the Terms of Service. The limited license provided herein does not confer any right, title or interest in or to the Marks. You shall do nothing, nor authorize nor allow any of your representatives, employees, agents or affiliates, to do anything that is reasonably likely to impair, dilute or bring disrepute of the Marks or any goodwill associated with the Marks.
- DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED BY NATIONALBLS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NATIONALBLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NATIONALBLS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE WEBSITE, THE SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE WEBSITE WILL BE FREE FROM ERRORS, DELAYS OR INTERRUPTIONS, THAT ALL ERRORS WILL BE CORRECTED, OR THE WEBSITE WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT (I) WE HAVE NO CONTROL OVER THE AVAILABILITY OF THE WEBSITE ON A CONTINUOUS OR UNINTERRUPTED BASIS; (II) WE ARE NOT RESPONSIBLE FOR THE FUNCTIONALITY OF ANY THIRD-PARTY WEBSITE, INTERFACE, OR LINK OR WITH YOUR DEALINGS WITH ANY THIRD-PARTY; (III) THE TERMS AND CONDITIONS SET FORTH HEREIN ARE SUBJECT TO THE LIMITATIONS OF OUR HARDWARE, SOFTWARE AND BANDWIDTH; (IV) WE ARE NOT RESPONSIBLE FOR TIMELINESS, DELETION, OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS; AND (V) OUR FAILURE TO MAKE THE WEBSITE AVAILABLE BECAUSE OF TECHNICAL DIFFICULTIES OR FOR ANY REASON OUT OF OUR CONTROL DOES NOT AMOUNT TO A FAILURE TO MEET THE OBLIGATIONS OR RESULT IN A BREACH BY NATIONALBLS OF THE TERMS OF SERVICE, AND YOU EXPRESSLY WAIVE ALL RIGHT TO DISPUTE SUCH FAILURE. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR WEBSITE. WE MAY UPDATE, IMPROVE, OR OTHERWISE MODIFY THE WEBSITE (OR ANY OF ITS INDIVIDUAL FEATURES OR FUNCTIONALITIES) AT ANY TIME AS WE SEE FIT IN OUR SOLE DISCRETION. NATIONALBLS DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAILS SENT FROM NATIONALBLS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE WEBSITE, ITS SERVERS OR EMAILS. NATIONALBLS IS NOT RESPONSIBLE FOR ANY DELAYS CAUSED BY ACCIDENT, WAR, ACTS OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL WHATSOEVER.
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LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL NATIONALBLS BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, MONEY, GOODWILL, REPUTATION OR INTERRUPTION OF BUSINESS (EVEN IF NATIONALBLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM WITHOUT LIMITATION (I) THE USE OF OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES PROVIDED THEREIN; (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 WEBSITE; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, USER (BUYER, SELLER, OR REAL ESTATE PROFESSIONAL) OR VISITOR WITH RESPECT TO THE WEBSITE OR THE SERVICE PROVIDED THEREIN OR YOUR DEALINGS WITH ANY THIRD-PARTY, USER (BUYER, SELLER OR REAL ESTATE PROFESSIONAL) OR VISITOR; AND (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY SERVICES PROVIDED THEREIN. IN NO EVENT SHALL THE TOTAL OBLIGATIONS OR LIABILITY OF NATIONALBLS HEREUNDER EXCEED $100. REGARDLESS OF ANY LAW TO THE CONTRARY, NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST NATIONALBLS MORE THAN ONE YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.
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NOT AN AGENT
NationalBLS is not a broker or agent, and does not broker or otherwise participate in real estate transactions. NationalBLS does not act as a real estate agent or professional for any user of the Website.
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CHOICE OF LAW
Any and all disputes relating to the Terms of Service, your use of the Website, or any other NationalBLS service are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions. For any dispute not subject to arbitration as set forth herein, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in San Francisco, California. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defences otherwise available.
- ARBITRATION
Any dispute relating in any way to your visit to the Website, your use of the Website, or any products you purchase as a result of the Website or the services provided therein, shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate NationalBLS intellectual property rights, NationalBLS may seek all remedies available to it, whether at law or in equity, including without limitation, injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under the Terms of Service shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Terms of Service shall be joined to an arbitration involving any other party subject to the Terms of Service, whether through class arbitration proceedings or otherwise.
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GENERAL INFORMATION
- Entire Agreement. The Terms of Service constitute the entire agreement with respect to the subject matter hereof between you and NationalBLS.
- Waiver; Severability of Terms. No waiver by NationalBLS of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure of NationalBLS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any part of the Terms of Service is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Terms of Service, all of which will remain in full force and effect. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Terms of Service.
- Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.
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VIOLATIONS
You agree that you will report any violations of the Terms of Service to contact@nationalBLS.com
For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.
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