Welcome to
Carolina Premium Properties, Inc. MLS flat rate listing web site (the Site). These terms of use (Site Terms)
apply exclusively to your access to, and use of, our Site so please read
them carefully. They do not alter in any way the terms or conditions of
any other written agreement you may have with us for other products or
services. By accessing our Site, you agree to the terms and conditions
of our then current Site Terms.
We reserve the right to change or modify any of the terms and conditions
contained in the Site Terms or any policy(s) or guideline(s) of the Site,
at any time and in its sole discretion. If we decide to change our Terms
of Use Agreement policy, Privacy Policy or any other policy, we will post
a new policy on our site and update the policy date. Therefore, we encourage
you to check the date of our Site Terms whenever you visit this site to
check if it has been updated. Any changes or modification will be effective
upon posting of the revisions. Your use of this Site following the posting
of its changes or modifications will constitute your acceptance of the
revised Site Terms.
If you do not agree to these Site Terms (including any referenced policies
or guidelines) as modified from time to time, please do not access or otherwise
use the services available from our Site. If you have any questions regarding
the use of our Site, please e-mail us at admin@carolinapremium.com.
License and Site Access
We grant you a limited license to make personal use only of our
Site. Such grant does not include, without limitation: (a) any resale or
commercial use of the Site or content therein; (b) the collection and use
of any product listings or descriptions; (c) making derivative uses of
the Site and its contents; or (d) use of any data mining, robots or similar
data gathering and extraction methods. Except as noted above, you are not
conveyed any right or license by implication, estoppel, or otherwise, in
or under any patent, trademark, copyright or proprietary right of Carolina
Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaListingExpress.com™, Carolina Listing Express.com™, Premium
Service Without the Premium Price™, or any third
party.
You may not use, frame or utilize framing techniques to enclose any
Carolina Premium
Properties, Inc™, CarolinaPremiumProperties™, CarolinaListingExpress.com™,
Carolina Listing Express.com™, Premium Service Without the Premium Price™,
name, trademark
or product name without our express written consent.
Any unauthorized use of this Site will terminate the permission or license
granted by these Site Terms and may violate applicable law including copyright
laws, trademark laws (including trade dress), and communications regulations
and statues. All violators will be prosecuted to the fullest extent of
the law.
Other Policies or Terms
Privacy Statement. We believe strongly in providing you notice
of how we collect and use data, including personally identifying information
collected from our Site. Therefore, we have adopted a Privacy
Statement to which you should refer to fully understand how we collect and use information
you provide us in this Site and by other means.
"Only a Forum"
This Site and the services offered herein are provided solely as a forum
and technical interface that allows you to provide information related
to the listing of your home, information related to new homes you may be
seeking, and connects homeowners and homebuyers with other Realtors®
(licensed real estate agents and brokers) and other house-related service
providers. Stephanie Smith, and where required Carolina Premium Properties, Inc., is a licensed
real estate broker in North Carolina, South Carolina and Virginia and
provides real estate services as provided by law. Stephanie Smith and Carolina
Premium Properties, Inc. does not provide any real estate services unless a Listing
Agreement is in force between us, nor is there providing of any appraisal
or other house-related services except for referral services to other Realtors® upon your request in this Site. Although referral services to other
Realtors® are provided upon your request, we do not sponsor, endorse,
recommend or approve of any real estate agent, broker or other house-related
service provider who offers services through this Site. You should use
your independent judgment of the merits of any individual, entity or information
that you find on or through this Site. While we try to confirm that participating
real estate agents, brokers and other house-related service providers are
licensed to perform their respective services, we cannot and do not represent
or warrant that any real estate agent, broker or other house-related service
provider who offers services on this Site is licensed, qualified, or capable
of performing any such service.
Copyright
All copyrighted and copyrightable materials
on this Site, including,
without limitation, Carolina
Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaListingExpress.com™, Carolina Listing Express.com™, Premium
Service Without the Premium Price™, design, text, graphics, pictures, sound files and other files, and
the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED
Copyright © 2005 Stephanie Smith, Carolina Premium Properties, Inc. and/or its
licensors. Except as stated herein, none of the Materials may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without
the prior written permission of Stephanie Smith, Carolina Premium Properties,
Inc.
or the respective copyright owner. Permission is granted to display, copy,
distribute and download the Materials on this Site for personal, non-commercial
and informational use only; provided that, you may not, without the permission
of Stephanie Smith, Carolina Premium Properties, Inc. or the respective copyright
owner, (a) copy, publish or post any Materials on any computer network
or broadcast or publications media, (b) modify the Materials, and (c) remove
or alter any copyright and other proprietary notices contained in the Materials.
Trademarks and Service Marks
Carolina
Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaListingExpress.com™, Carolina Listing Express.com™, Premium
Service Without the Premium Price™, logos, and
the products and services described in this Site, including without limitation,
are either trademarks, service marks or registered trademarks of Stephanie Smith, Carolina Premium Properties, Inc. and its suppliers and licensors, and may
not be copied, imitated or used, in whole or in part, without the prior
written permission of Stephanie Smith, Carolina Premium Properties, Inc. or its suppliers
or licensors. In addition, all page headers, custom graphics, button icons
and scripts are service marks, trademarks and/or trade dress of Stephanie Smith,
Carolina Premium Properties, Inc. and may not be copied, imitated, or used,
in whole or in part, without our written permission. All other trademarks,
registered trademarks, product names and Stephanie Smith, Carolina Premium
Properties, Inc. names or logos mentioned herein are the property of their respective
owners.
Responsibility for Your Conduct
You shall remain
solely liable for your conduct or any information
that you upload or transmit to this Site. You agree to indemnify and hold
harmless Stephanie Smith, Carolina Premium Properties, Inc. from any claim, action,
demand, loss or damages (including reasonable attorneys' fees) made or
incurred by any third party arising out of or relating to your conduct,
your violation of these Site Terms, or your violation of any rights of
a third party.
Linking
Links to the Site.
You are granted a limited, non-exclusive right
to create a hyperlink to this Site provided such link does not portray Carolina
Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaListingExpress.com™, Carolina Listing Express.com™, Stephanie Smith, or any of its products and services
in a false, misleading, derogatory or otherwise defamatory manner. You
may not use any Carolina
Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaListingExpress.com™, Carolina Listing Express.com™, Premium
Service Without the Premium Price™, logo or
other proprietary graphic or trademark of Stephanie Smith, Carolina Premium
Properties, Inc. to link to this Site without our express written permission. This
limited right may be revoked at any time.
Third-Party Sites. We make no claim or representation regarding,
and accepts no responsibility for, the quality, content, nature or reliability
of sites accessible by hyperlink from this Site, or sites linking to this
Site. The linked sites are not under the control of Stephanie Smith, Carolina
Premium Properties, Inc. and we cannot be and are not responsible for the content
of any linked site or any link contained in a linked site, or any review,
changes or updates to such sites. We are providing these links to you only
as a convenience, and the inclusion of any link does not imply affiliation,
endorsement or adoption by us of the site or any information contained
therein. When leaving the Site, you should be aware that our terms and
policies no longer govern, and therefore, you should review the applicable
terms and policies, including privacy and data gathering practices, of
that site.
Submissions
You agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, original or creative
materials or other information, provided by you in the form of e-mail or
submissions to Carolina
Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaListingExpress.com™, Carolina Listing Express.com™, Stephanie Smith, or postings on this Site, are non-confidential (subject
to our
Privacy
Statement). We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use of these
materials for any purpose, commercial or otherwise, without acknowledgment
or compensation to you. the submission of any materials to Carolina
Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaListingExpress.com™, Carolina Listing Express.com™, including the
posting of materials to any forum or interactive area, irrevocably waives
any and all "moral rights" in such materials, including the rights of paternity
and integrity.
Disclaimers
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU
EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE
DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT
YOUR SOLE RISK. CAROLINA PREMIUM PROPERTIES, INC., CAROLINALISTINGEXPRESS.COM,
CAROLINAPREMIUMPROPERTIES.COM, STEPHANIE
SMITH,
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION,
MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE.
CAROLINA
PREMIUM PROPERTIES, INC., CAROLINALISTINGEXPRESS.COM,
CAROLINAPREMIUMPROPERTIES.COM, STEPHANIE SMITH, DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CAROLINA PREMIUM PROPERTIES, INC.,
CAROLINALISTINGEXPRESS.COM, CAROLINAPREMIUMPROPERTIES.COM, STEPHANIE
SMITH,
IS NOT RESPONSIBLE FOR TYPOGRAPHICAL
ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE CAROLINA
PREMIUM PROPERTIES, INC., CAROLINALISTINGEXPRESS.COM,
CAROLINAPREMIUMPROPERTIES.COM, STEPHANIE SMITH, ATTEMPTS TO ENSURE
YOUR ACCESS AND USE OF THE SITE IS SAFE, CAROLINA PREMIUM PROPERTIES, INC.,
CAROLINALISTINGEXPRESS.COM, CAROLINAPREMIUMPROPERTIES.COM, STEPHANIE
SMITH,
CANNOT AND DOES NOT REPRESENT
OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
We reserve the right to change any and all content contained on this
Site at any time without notice. Reference to any products, services, process,
or other information, by trade name, trademark, manufacturer, supplier,
or otherwise does not constitute or imply endorsement, sponsorship or recommendation
thereof by us.
Limitation of Liability
IN NO EVENT SHALL
CAROLINA PREMIUM PROPERTIES, INC., CAROLINALISTINGEXPRESS.COM,
CAROLINAPREMIUMPROPERTIES.COM, STEPHANIE SMITH, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN
AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE),
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS
SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH THIS SITE. IN NO EVENT
SHALL WE, OR OUR AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES IN
EXCESS OF THE LISTING FEE YOU PAID, OR $100.00 WHICHEVER IS MORE.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance
with the laws of the State of North Carolina, applicable to agreements
made and entirely to be performed within the State of North Carolina, without
resort to its conflict of law provisions. You agree that any action at
law or in equity arising out of or relating to these terms and conditions
shall be filed only in state or federal court located in Wilmington, North
Carolina,
and you hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of such courts over any suit, action or proceeding
arising out of these terms and conditions. You hereby agree that any claim
you may have with respect to this site or our services must be filed in a
federal or state court located in Wilmington, North Carolina within six months
of the time in which the events giving rise to such claim began, or you agree to
waive such claim. You irrevocable waive any right to a jury trial and
agree to the jurisdiction and venue of these courts with respect to all matters
arising with respect to these Terms. You consent to service of process by
mail.
General Terms
No waiver by Carolina
Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaListingExpress.com™, Carolina Listing Express.com™, Stephanie Smith, whether express or implied, of any provision of these
Site Terms shall constitute a continuing waiver of such provision or a
waiver of any other provision of these Site Terms. Nor shall Carolina
Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaListingExpress.com™, Carolina Listing Express.com™, Stephanie Smith, be estopped from
enforcing any provision of these Site Terms, except by written instrument
executed by Carolina
Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaListingExpress.com™, Carolina Listing Express.com™, Stephanie Smith. Notwithstanding any of these terms and conditions, we
reserve the right, without notice and in its sole discretion, to terminate
your license to use the Site, and to block or prevent future access to
and use of the Site. If any provision of these Site Terms shall be deemed
unlawful, void, or for any reason unenforceable, then that provision shall
be deemed severable from these terms and conditions and shall not affect
the validity and enforceability of any remaining provisions.
