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Terms and Conditions
The submission of information to, and use of, the reporting or other services ("Service") available through the Buydemographics web site is subject to the following terms and conditions. By submitting information to, or accessing information from, the Service, YOU, the end user customer ("Customer") agree to the following TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and
BuyDemographics.com, LLC (also referenced herein as "BuyDemographics.com" and "BuyDemographics").
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:
386 Park Avenue South, suite 902, NY, NY 10016. BuyDemographics may update these terms and conditions at any time and without notice. Updated version is available www.BuyDemographics.com
Membership Privileges
Membership privileges are granted by BuyDemographics.com to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of BuyDemographics.com. BuyDemographics.com requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on. Members are not permitted to share their individual logon information with others. BuyDemographics has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses his rights related to the BuyDemographics.com service.
Uploading of Documents
All documents that a member/subscriber uploads is at the discretion of the customer. If a customer uses copyrighted information it is in no way the responsibility of BuyDemographics. BuyDemographics will give options to customers to use third party services, the use of these services are at the full discretion of the customer and BuyDemographics does not recommend or endorse.
Posting of Listings
Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to BuyDemographics unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on BuyDemographics.com website. BuyDemographics may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, BuyDemographics may require additional evidence of compliance with this provision from Customers who are alleged to have submitted properties or other information in violation of this Agreement. BuyDemographics will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the BuyDemographics.com website. BuyDemographics shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the BuyDemographics.com website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (I) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (II) agrees that the Customer will not permit the posting of a property on the BuyDemographics.com under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (III) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. BuyDemographics reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the BuyDemographics.com website. Buydemographics accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer.
While BuyDemographics shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Buydemographics.
Use of Information
Customer agrees to treat all information and Listings obtained from the Service as proprietary to BuyDemographics. Customer agrees that information and Listings reserved for members will be maintained as confidential and shall be protected as a trade secret of BuyDemographics. BuyDemographics does not ensure the accuracy of, endorse or recommend any Listings and Customer uses such Listings at the Customer's own risk. Customer may access the Listings solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Listings to personal and internal use, and shall not use Listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Listings obtained from the Service for or in connection with any other listing service or device.
Payment Terms
Customer agrees to pay for all services ordered through the BuyDemographics web site using the payment method indicated and provides BuyDemographics.com express authorization to charge said fees to his payment provider. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, BuyDemographics.com may immediately cease to provide any and all services to the customer. The fees paid for monthly or quarterly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. No partial month refunds will be provided. Thirty-day Membership Subscriptions require a
30-day minimum service term; ninety-day Membership Subscriptions require a 90-day minimum service term; yearly Membership Subscriptions require one-year minimum service term; Customers will be responsible for the full subscription list price for the initial
term. Subscriptions will automatically renew unless Customer contacts BuyDemographics in writing or by calling Client Services no more than five (5) days prior to the renewal date and indicates his intent to cancel its subscription. Customer may cancel his BuyDemographics membership by e-mailing a cancellation request to:
 All cancellation requests will be processed within five (5) business days, and a cancellation confirmation will be emailed to the email address on record for the account. The membership will be deactivated at the end of the current billing term. BuyDemographics reserves the right to change its fees or billing methods at any time. BuyDemographics will provide timely notice to the affected Customers of any such changes. It is the Customer's responsibility to promptly providing BuyDemographics with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
Subscription
Privileges are granted by BuyDemographics to individuals exclusively and are granted specifically to the Subscribing Member only.
Subscription rights can not be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other then the Subscribing Member without the express written permission of
BuyDemographics. Subscription privileges are subject to change from time to time and may be subject to property listing and searching limitations. Customer acknowledges that BuyDemographics (in addition to its other remedies) can cancel and prohibit
Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges.
Subscription will automatically renew at the prevailing monthly or quarterly subscription cost and the credit card number provided for initial payment will be charged accordingly unless the customer notifies BuyDemographics Client Services by e-mail or regular mail 30 days prior to the renewal date. BuyDemographics reserves the right to change its fees, payment frequency, or billing methods at any time. BuyDemographics will provide timely notice of any such changes.
Ownership and License Grant
BuyDemographics retains all rights (including intellectual property rights), title and interest in the BuyDemographics Web site. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of BuyDemographics's technology or delete or alter author attributes or copyright notices. Customer shall use the BuyDemographics system solely for his own use and shall not allow others to use the BuyDemographics system under or through that Customer's login ID/email and password.
Limitation of Liability and Indemnification
IN NO EVENT SHALL BUYDEMOGRAPHICS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and BuyDemographics's entire liability under this Agreement shall be a refund to Customer of the fees paid to BuyDemographics hereunder, and in no event will BuyDemographics's liability for any reason exceed such fee. BuyDemographics (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify BuyDemographics (and BuyDemographics's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.
Warranty Disclaimers
THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BUYDEMOGRAPHICS MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND BUYDEMOGRAPHICS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
Other Rights of BuyDemographics
Customer agrees that BuyDemographics shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by BuyDemographics customers and partners. BuyDemographics shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. BuyDemographics shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. BuyDemographics reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on BuyDemographics's corporate web site.
Miscellaneous
The Deliverables provided by BuyDemographics shall be governed by the laws of the State of New Jersey, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State
of Delaware. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by customer without the prior written consent of BuyDemographics, which retains the right to withhold consent in its sole discretion. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. All notices to BuyDemographics must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to The
Management at BuyDemographics.
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