[Premier Realty Services] (“[PRS]”) own and operate this Website. This document governs your relationship with [PRS] (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and [PRS] will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of [PRS] or its licensors, and are protected by copyright laws and treaties around the world. All such rights are reserved by [PRS] and its licensors. You may store, print, and display the content supplied solely for your own use. You are not permitted to sell any local files you do not have the legal right to sell in this way.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from force majeure for which we will not be responsible.
In order to contract with [PRS] you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. [PRS] retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party with which you have contracted. This will usually be [PRS] or may in some cases be a third party. Where a contract is made with a third party [PRS] is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale from which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. Sales Tax is included in the Total Cost. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Pricing and Availability
Whilst we try and ensure that all details, descriptions, and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any Services from which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If an address from which you provided is incorrect, a $15 fee will be issued to the customer for correcting the error. If cancelling or rescheduling less than 24 hours prior to an appointment day/time, a $75 fee will be issued to the customer. All residential and commercial posts are the property of [PRS], therefore, a fee of $140 will be issued to the customer for any damages to, or loss of, posts occurring while on location at one of your properties. Inclement weather can possibly delay the install, removal, and listing services for post requests.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the Services you wish to purchase. If an order is not properly filled out or paid for at the time of checkout, the order will be fulfilled only after the invoice has been paid in full.
(c) Copyright of Photographs & Videos
[PRS] owns all proprietary rights in and to numerous copyrightable works including but not limited to all photographs of residential and commercial properties (hereinafter the “Work”), and [PRS] owns all right in and to the Work and retains all rights to the Work which are not transferred herein, and retains all common law copyrights and all federal copyrights which have been, or which may be granted by the Library of Congress.
[PRS] grants to You a non-exclusive, non-transferrable license to use the Work in the course of Your business for a period of one year. You may use the Work in conjunction with an internet site and printed media for the advertisement and sale of the real estate property, but shall not otherwise advertise or sell the Work without the written permission of [PRS]. Any other use shall be made by You only upon the receipt of prior written approval from [PRS]. You shall not grant sub-licenses without the prior written approval of [PRS]. You hereby accepts such license and agrees that You shall not use the work except in accordance
After the expiration of the one year term, You shall 1) destroy all copies of the Work; 2) remove all copies of the Work from the internet; and 3) cease all use of the Work.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, [PRS] and its suppliers, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms, which might otherwise be implied by statute, common law, or the law of equity, and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data, or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites, and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law, or otherwise. This does not affect [PRS]’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities, and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with [PRS] and you should not rely on the existence of such a connection or affiliation. Any trademarks or names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services, and is in no way an assertion that such products or services are endorsed by or connected to [PRS].
You agree to indemnify, defend and hold harmless [PRS], its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
[PRS] shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
We operate a complaints handling procedure, which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and [PRS]. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of [PRS].