Terms of Service

By accepting these terms (“Agreement”), you are authorized (an “Authorized User”) to use the Company Application (“App”), including the Services and Content of this application. By continuing the use of this application, you understand and confirm the acceptance of this Agreement.

Introduction to our Services

The Company provides Services to Customer (“Customer”) including use of Data provided by supporting systems and by the Customer (“Services”).

The terms of this Agreement are in accordance with Data Privacy Guidelines and will govern the Services and any software updates, enhancements, and upgrades that replace and/or supplement the original Services, unless such upgrade is accompanied by a separate Agreement in which case the terms of that Agreement will govern.

User Responsibility

The User confirms that you are at least 18 years old and of sound mind to voluntarily consent to the use of this application and providing any data necessary to interact with this application. It is the responsibility of the user to end the term of use, if necessary by contacting the Company at the provided information at the end of these terms.

Terms of Use

In order to use the Websites and Services made available on the sites, whether by accessing our Websites directly or by using a public application programming interface  ("Public API") to access our Websites and Services, you must first agree to these Terms of Use. You may not use the Websites or Services if you do not accept these terms. You  can accept these terms by clicking to accept or agree to these terms where we have

provided you with a clickable electronic assent option or by actually using the services    offered at the Websites. If you are using the Websites or Services on behalf of a business or organization, your assent to these terms constitutes a binding legal

agreement that that business or organization for which you're acting as a representative of  accepts these terms, to the extent authorized by law. Any such business or organization will hold harmless and indemnify the Company, and its agents and representatives, and its and their directors, officers, and employees from and against any liability, damage, loss,  cost, or expense (including, without limitation, reasonable attorneys' fees) arising from  or relating to its and your use of the Websites and Services, including data or software deposited by you or it, or in violation of these Terms of Use. You understand and agree that we will treat your use of the Websites and Services offered thereon as acceptance of these terms.

Our Privacy Policy, which is incorporated by reference into these Terms of Use, explains   how we treat your personal data and your privacy when you use our Websites and Services.  

By using our Websites and Services, you agree that the Company can use such data in accordance with our privacy policy.

Modifications to these terms

We may modify these Terms of Use from time to time by posting a revised version on our    Websites and/or Services. Your continued use of the Websites or Services after the

posting of such new Terms of Use means that you agree to the posted changes. If you do not agree to the changes, you should discontinue use of the Websites and Services. If there is a conflict between these Terms of Use and the updated and/or additional terms and conditions, the updated and/or additional terms and conditions will control.

If you have questions about our Websites and Services, please contact us by email at email@email.com.

External Services

Any and all third party technology provided, made available, linked to, or otherwise accessible through the App (“Third Party Technology”) is provided solely as a convenience to User and is not under the control of Company. Company does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Technology. Company does not have any responsibility or liability to Authorized User for any Third Party Technology which Authorized User accesses and Authorized User use at their own risk. Further, Authorized User agree to comply with any and all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that Authorized User have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology.

ADDITIONAL DISCLAIMERS; NO WARRANTIES

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES. YOU ASSUME ALL RISKS AND RESPONSIBILITIES ASSOCIATED WITH THE SELECTION AND USE OF THE CONTENT AS AN AID IN ACHIEVING YOUR PERSONAL GOALS AND OBJECTIVES, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SERVICES OR CONTENT. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR FREE FROM INTERRUPTION OR FAILURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SERVICES AND THE ACCOMPANYING WRITTEN MATERIALS.

YOU AGREE THAT COMPANY TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE INFORMATION, CONTENT OR WEBSITE DATA, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SERVICES.

Limitation of Liability

YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES AND THE INFORMATION CONTAINED THEREIN. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY NOR ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, MISHANDLING OF DATA, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, BREACH OF CONTRACT OR ANY OTHER THEORY. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT THE INFORMATION OR FUNCTIONS CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS. FURTHERMORE, COMPANY DOES NOT WARRANT THAT ALL ERRORS, DEFECTS OR INEFFICIENCIES WILL BE CORRECTED, NOR DOES COMPANY ASSUME ANY LIABILITY FOR FAILURE TO PROVIDE SUPPORT SERVICES AND TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, ACCESSORY, EXEMPLARY OR PUNITIVE DAMAGES SUFFERED BY YOU, ANY PARTY CLAIMING ON BEHALF OF OR THROUGH YOU, OR ANY OTHER THIRD PARTY INCLUDING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. IN NO EVENT WILL COMPANY TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, EXTRA CONTRACTUAL OR OTHERWISE, EXCEED $500.00.

Unauthorized Access; Lost or Corrupt Data

WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES, OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE SERVICES OR SYSTEM OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS, OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SERVICES OR SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH OUR PROVISION OF THE SERVICES.

Security

Company will endeavor to protect your Personal Information using reasonable security measures. While the security measures are expected to reasonably protect your information and your use of the Services, Company does not warrant that your data will be completely secure. There are risks inherent in placing information on and accessing information from the Internet. If you have any concerns regarding the security of your information or the use of the Internet to access your Information through the Services or System, you should consider not creating a Company account.

Third-Party Links: Our Services may contain links or references to other independent third-party services (the “Linked Sites”). The Linked Sites are provided solely as a convenience to you and as an information resource. The Linked Sites are not hosted by or on Company’s servers or under Company’s control, maintained by Company or affiliated with any services provided by Company. Company is not responsible for the content, security, availability, accuracy or practices of the Linked Sites and expressly disclaims any responsibility for malware, worms, time bombs, bots, or any other harmful or deleterious programs or materials in said links or Linked Sites. You assume all risk and responsibility in the event that You or an agent, employee or other Authorized User clicks on a link on the Linked Site, and You, on Your and their behalf, irrevocably waive any claim against Company for use of the Linked Sites.

It is the Customer’s responsibility to comply with, and ensure that your use of the Services or System complies with, all applicable local, state, provincial, national, and foreign laws and regulations, including without limitation all laws relating to data privacy, international communications and the export and transmission of technical data and other regulated materials. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. The Services are not available in all languages nor are they available in all countries, notwithstanding that the Services may be accessed from, displayed on or linked to a particular Mobile Device. Company makes no representation that the Services are appropriate or available for use in any particular location. To the extent you choose to access the Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Company and its affiliates reserve the right to change, suspend, remove, or disable access to the Services at any time without notice. In no event will Company be liable for the removal of or disabling of access to any such Services.

Indemnification; Severability; Complete Understanding

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND PERMITTED ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS AND PROCEEDINGS, COST OR LIABILITY, INCLUDING REASONABLE ATTORNEYS' FEES, DIRECTLY OR INDIRECTLY ARISING OUT OF: (A) THE USE OF THE APP, SERVICES AND CONTENT BY YOU; (B) ANY BREACH BY YOU OF ANY REPRESENTATIONS, WARRANTIES OR AGREEMENTS CONTAINED IN THIS AGREEMENT; (C) THE ACTIONS OF ANY PERSON GAINING ACCESS TO THE APP, SERVICES AND/OR CONTENT UNDER A USER ID ASSIGNED TO YOU; (D) THE ACTIONS OF ANYONE USING A USER ID, PASSWORD OR OTHER UNIQUE IDENTIFIER ASSIGNED TO YOU THAT ADVERSELY AFFECTS THE APP, SERVICES AND/OR CONTENT OR ANY INFORMATION ACCESSED THEREWITH, INCLUDING BUT NOT LIMITED TO A SECURITY BREACH; AND (E) YOUR

NEGLIGENT OR WILLFUL MISCONDUCT. In this Agreement, “Claims” means third party claims, counterclaims, complaints, demands, causes of action, liabilities, obligations, damages, legal fees, costs, expenses, and disbursements, including without limitation reasonable attorneys’ fees and court costs, of any nature or kind, whatsoever and howsoever arising, whether known or unknown, whether in law or in equity or pursuant to contract, tort, extra-contractual or statute, and whether in any court of law or equity or before any arbitrator or other body, board or tribunal; and “Proceedings” means third party actions, suits, proceedings, and hearings of any nature and kind in any court of law or equity or before any arbitrator or other body, board or tribunal.

If any provision of this Agreement is found to be contrary to law or otherwise invalid or unenforceable by a court of competent jurisdiction, then such provision shall be limited to the minimum extent necessary to effect the order of the court and construed in a way to most closely reflect the intentions of the parties. All other provisions shall remain in full force and effect. Company’s failure to insist on or enforce strict performance of this Agreement shall not constitute a waiver of any provision or any right, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of this Agreement. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding to the parties and supersedes and cancels all previous written, oral, or other agreements, communications, and understandings relating to the subject matter of this Agreement. Both parties further agree that any waivers and modifications must be in writing and signed by both parties, except as otherwise provided in this Agreement. No agency, partnership, joint venture, employment, or other kind of relationship is created as a result of this Agreement unless expressly granted by the terms of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Company may assign this Agreement and its rights and obligations hereunder without your consent or the consent of any persons you represent.

Contact Information

Should you have any questions, complaints or claims with respect to this Agreement, or if you desire to contact Company for any reason, please contact:

Marjorie Adam Team Realtors

1135 Rose Hill Drive, Suite 100

Charlottesville, VA 22903

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