LandsofAmerica.com
#1 in Rural Real Estate Online

Terms of Use

Agreement

Welcome to the LandsofAmerica.com ("LOA") web site (the "Site"). LOA is a LandsofAmerica.com Company. The following terms and conditions ("Terms of Use") govern your use of LOA. The accessing and continued use of the Site by you ("User") constitutes your binding and conclusive acceptance and agreement of all such terms, conditions, and notices contained herein. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease all use of the Site and its ancillary products and services (the "Service"). This page states the terms and conditions under which you may use the Site and any other products or services offered by LandsofAmerica.com through the Site. The right to use products or services by LOA is personal to you only and is not transferable to any other person or company. LOA has the right to refuse service to any User that refuses to abide by the terms and conditions herein or abuses their rights related to the Site.

Accuracy of Information

LOA is designed to provide information about rural real estate. The information on LOA is provided solely as general information and does not constitute real estate, legal or any other professional advice, or an offer to buy or sell real estate. Properties may only be purchased or sold pursuant to the rules of applicable jurisdictions. While LOA makes every effort to ensure that all information displayed on the Site is accurate, complete, and honestly offered, none of the information on this site should be considered solely reliable for use in making purchases of products, services, goods or any type of investment decisions. You are expressly advised that it is your responsibility to verify any and all information on the web sites and pages before you rely on that information to make any purchases or use the information in any other way. LandsofAmerica.com does not warrant or guarantee that any of the information on the Site is accurate, complete, useful or timely. LandsofAmerica.com may make improvements and/or changes in the information, products or services described herein at any time. Periodic updates to this site are not guaranteed.

Disclaimer

LandsofAmerica.com makes no representations about the suitability or results of the products, services or information contained on the Site for any purpose. All such products, services and information are provided "as is" and "as available" without warranty of any kind, express or implied. LandsofAmerica.com does not warrant that the information will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available, are free of viruses or other harmful components. Neither LOA nor any third party content provider warrants that any files available for downloading through the Site will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of the Site and the accuracy or completeness of the content is assumed solely by you. All information that has been provided on LOA should be independently verified.

Limitation of Liability

Under no circumstances shall LandsofAmerica.com, its officers, directors, shareholders, agents or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential losses or damages as a result of the Site or the information contained in the Site. This includes without limitation, attorneys' fees, whether in an action of contract, negligence or other tortuous action, that result from the use of, or the inability to use, any products or services available on the Site, even if LandsofAmerica.com has been advised of such damages. If you are dissatisfied with any products, services, information, or with any of the terms and conditions contained in the Site, your sole and exclusive remedy is to discontinue using the Site. If LandsofAmerica.com or any of its third-party providers are found liable in connection with a claim arising out of, or related to the products, services or information, their aggregate liability in such an event shall not exceed the amount paid for said products and/or services giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from LandsofAmerica.com or its third-party providers. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the liability of LandsofAmerica.com, third party content providers and their respective agents will be limited to the greatest extent permitted by law.

Information Submission, Display and Restrictions

LOA allows Users to submit property descriptions, company information, financial data, maps, photographs and other information to the Site for it to be publicly displayed. LOA shall have the sole authority to choose the manner in which any property will be displayed, searched, accessed, downloaded, copied, and otherwise used on the Site. User agrees to allow the property listing, or any part of it, to be displayed, searched, accessed, downloaded, copied, and otherwise referred to by other users of the Site. Further, LOA shall have the right to modify any information on the Site at any time. User agrees to receive all necessary authorization and rights before submitting any property descriptions, company information, financial data, maps, photographs, or any other information to the Site. The User represents and warrants that all properties and associated information provided to the Site will be accurate. The User agrees to update and maintain the accuracy of the information provided to the Site at all times. The User agrees not to post a property on the Site under a name other than the named individual that has been engaged by the property owner to market the property under the terms of a listing agreement. LOA reserves the right to remove all or any part of information or refuse Services to anyone at any time in its sole discretion that refuses to abide by the terms and conditions herein.

Restrictions on Use

The Site contains, or may contain, including but not limited to, products, services, images, information, illustrations, logos, email newsletters, software, photographs, audio and video clips, graphics, links and other material collectively, called the "Content" that are protected by copyright, trademark or other proprietary rights, owned or controlled by LandsofAmerica.com, third parties or their respective owners or licensees. All Content contained in the Site is copyrighted as a collective work of LOA pursuant to applicable copyright law. This material is for personal use only and you agree to comply with any use and other restrictions contained in any Content available on or accessed through LOA. Special rules may apply to the use of certain software and other items provided on the Site. You must access the information manually by request and not programmatically by macro or other automated means. You may not redistribute, sell, decompile, reverse engineer or disassemble any software or any other products on the Site in any manner unless prior written authorization is given. You may not use the contents for any unlawful or commercial purpose.

Except as expressly permitted with written approval by LandsofAmerica.com, no part of the information available from the Site may be copied, photocopied, reproduced, republished, licensed, distributed, displayed, posted, translated, altered, redistributed or broadcast in any way. Nor can it be exploited, used to create derivative works, or reduced to any electronic medium or in any other manner not herein stated, in whole or in part, without the prior written approval of LandsofAmerica.com or its third-party providers. Content consisting of downloadable software may not be re-engineered in any way. You may not incorporate any Content, in whole or in part, by framing, by mirroring, or any other method into another web site. Any information distributed for commercial purposes is strictly prohibited without the prior written approval of LandsofAmerica.com.

Third Party Web Sites

LOA contains links to other web sites that may be of interest to you the visitor and reference to products and services offered by third parties and are provided to you for convenience only and does not constitute an endorsement or approval by us in any way. LandsofAmerica.com has no control over, or responsibility for the content found on those web sites, accessibility, or for products and services offered by third parties. We do not assume any liability for the use and you acknowledge and agree such use shall be at your own risk. Your linking to any page within this web site is at your sole risk. LandsofAmerica.com reserves the right to demand the removal of any link from a web site.

Third Party Listing Managers

No third parties are allowed to manage listings/accounts for Brokers, Agents, or Property Owners. All Property Inquiries and any other LOA-related emails must go directly from the LOA system to the Owner, Broker, or Agent representing the listing and/or account.

Framing and Mirroring

Framing or mirroring any page or any information located on the Site is strictly forbidden.

Non-confidential Information

Should any User of the Site respond by submitting information, feedback, data, questions, comments, suggestions, techniques, concepts, essays, know-how, ideas or the like including personally identifiable information such as name, address, telephone number, email address, or other information, such information shall be deemed to be non-confidential. All submissions, information and correspondence as stated above, shall become the property of LandsofAmerica.com, and LandsofAmerica.com shall have no obligation of any kind with respect to such information and you agree to grant to LandsofAmerica.com a non-exclusive, royalty-free, worldwide, perpetual license to use in any manner deemed acceptable. Said use may include but not limited to; reproduce, transmit, distribute, publicly display, and advertise such information. You agree that you shall have no recourse against LandsofAmerica.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

Trademarks

The trademarks, logos and service marks displayed on the Site are owned, used by permission, under license from their respective owners, or are the property of other third parties. You are not permitted to use such trademarks without the prior written consent of their respective owners or such third parties that may own them.

Modification of these Terms and Conditions

LandsofAmerica.com reserves the right to change this Terms of Use Agreement at any time. You are responsible for regularly reviewing these terms and conditions for any changes. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the Site. Continued use of the Site following any such changes shall constitute your acceptance of such changes.

General

The laws of the State of Texas, U.S.A., govern this agreement. You consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, U.S.A. in all disputes arising out of or relating to the use of LOA. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Severability

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Third Party Advertising Information

We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, http://www.networkadvertising.org/managing/opt_out.asp .

Entire Agreement

This agreement constitutes the entire agreement between you and LandsofAmerica.com with respect to the Site. A printed version of this agreement will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

This Terms of Use Agreement is effective as of May 25, 2003.

No part of this agreement may be copied, duplicated, retransmitted, reposted, in whole or in part, or otherwise used without the express written approval of LandsofAmerica.com.

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