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 © 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.