TERMS & CONDITIONS

Terms of Use

These Terms of Use govern your use of all Marketpros International LLC websites, mobile or otherwise, including the website currently located at www.Marketpros.com (collectively “Site” or “Sites”). Please read these Terms of Use carefully before using the Site. By using the Site, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Site. These Terms of Use are effective on May 3rd, 2018.

1. Ownership

The content on the Site, other than User Content (defined below) and certain publicly available information, including, without limitation, text, software, scripts, graphics, photos, sounds, music,
videos, interactive features, and the like (“Content”) and the Marketpro.com wordmarks and its design marks, as well as certain other of the names, logos, and materials displayed on or through the Site that constitute trademarks (“Marks”) are owned by or licensed to Marketpros International and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws.

2. Use of the Site and Content

As a condition of your use of Marketpros International, you will comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our service and related activities, including but not limited to You agree not to use the Marketpros.com Services in any way that breaches the Marketpros.com Terms of Use or our Community Guidelines or Policies. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Site, or any portion of the Site, including, without limitation, Content, and Marks, except as authorized by these Terms of

Use or as otherwise authorized in writing by Marketpros.com and its applicable licensors. The Site is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. You agree that Marketpros International may use any information it obtains about you in accordance with the provisions of Marketpros.com Privacy Policy. You warrant that you will not use Marketpros.com in any way prohibited by these terms, conditions, and notices. Prohibited content and activities include, without limitation, the following:

(a) violating any local, state, national/federal, or international law or regulation;

(b) using Marketpros.com if you are not able to form a legally binding contract, or are temporarily or indefinitely suspended from Real Estate;

(c) copying, modifying, republishing, or distributing content from the Marketpros.com website or mobile app or copyrights and trademarks, including harvesting or otherwise collecting information about users, including email addresses or other personally identifiable information without the user’s consent;

(d) transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

(e) transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

(f) knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, networking or telecommunications equipment;

(g) stalking, harassing, or harming another individual;

(h) impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity, including providing inaccurate contact information or other information relative to your move or property;

(i) interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site; If you are acting in the capacity of a real estate professional, including but not limited to a lender, broker, mortgage broker or in a similar capacity, you expressly agree to only use the Marketpros.com services for personal use. Any commercial use is restricted and limited to transactions performed for your own benefit. When relying on information provided by Marketpros.com and its Services, the scope of the Marketpros.com Terms of Use limits you to only providing information to consumers using our Services. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Marketpros.com Services only as necessary for your personal use to view, save, print, fax, and/or e-mail such information. You agree not to reproduce, modify, distribute, display, or provide access to, create new and different works from the Marketpros.com data, decompile, disassemble or reverse engineer any portion. You may share and distribute information related to specific properties and any compilation of our data, so long as Marketpros.com is mentioned as the original source of the data. You are not to sell your leads from Marketpros.com to anyone other than another Marketpros whose membership is active.

3. User Content and User Generated Content

The Site will enable you to submit your personally identifiable information and personal content to the Site for hosting, display, and distribution to other users of the Site (collectively “User Content”), such as posting messages and other content to the community and interactive areas of the Site. When you provide Marketpros.com with User Content or User Generated Content, you hereby grant to Marketpros International LLC and its affiliates, representatives, and assigns a non-exclusive, worldwide, fully-paid, royalty-free, transferable, sub-licensable, license and permission to display, publicly perform, distribute, store, transcode, syndicate, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. User Content may be available to other users of the Site. Marketpros.com reserves the right to display advertisements in connection with your User Content and to use your User Content to advertise and promote your User Content, the Site and Marketpros International LLC reserves the right to modify User Content in its sole and absolute discretion. A User that submits Content retains no rights of attribution unless such User provides such registered information relating to the content as registered with CreativeCommons.org. Marketpros.com is not required to host, display, or distribute any User Content, and may delete, move, or edit User Content at any time. may receive telemarketing calls from or on behalf of these real estate and financial services representatives. You represent and warrant that:

(a) you own all rights in your User Content (including, without limitation, all rights to the photographs, audio, video, or digital recordings, and the performance contained in your User Content) or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to Marketpros.com the rights in your User Content described herein;

(b) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content;

(c) you are the individual pictured or heard in your User Generated Content, or, alternatively, you have obtained permission from each person (including consent from any clients or Brokers for any individual under the applicable age of majority) or place that appears in or is heard in your User Generated Content to enable you to grant the rights to Marketpros International LLC described herein;

(d) you will make such permissions available to Marketpros International LLC upon request; and

(e) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.
You agree to keep all records necessary to establish that your User Content does not violate any of the foregoing representations and warranties and to make such records available to Marketpros upon their request.

4. Advertising and Ads

Marketpros International and its business model Marketpros.com is supported through advertising. You authorize and agree that Marketpros.com will include advertisements and that these are necessary to support the Site. The website will serve ads to you based upon the information that you share and we collect while you use Marketpros.com

5. Links to and from other Websites

The Site may provide, or users of the Site may provide, links to other websites or resources. Because we have no control over such third-party websites and resources, you acknowledge and agree that Marketpros.com is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Marketpros International shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products, or services available on or through any such website or resource.

6. Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, Marketpros International LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;

(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE;

(c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;

(d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;

(e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND

(f) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.

7. Force Majeure

Without limiting the foregoing, under no circumstances will Marketpros International LLC be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

8. Termination

If you violate any of these Terms of Use, your permission to use the Site and the Content automatically terminates.

9. Modifications to the Site

Marketpros International LLC reserves the right to modify or discontinue the Site with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Site.

10. Other Provisions

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws rules or provisions. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

11. Arbitration Agreement

You and Marketpros International LLC agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Marketpros International LLC relating to the Site or these Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Marketpros International LLC will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Marketpros International LLC also have the right to bring qualifying claims in small claims court. In addition, you and to retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to
have disputes submitted to arbitration as provided herein.

Neither you nor Marketpros International may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Marketpros.com individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. Section 15 will survive the termination of your relationship with Marketpros.com.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR NESTIGATOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.