Terms of Service

Welcome to MarkSpain.com (the “website”). The website and its contents and related services are owned and administered by Higher Tech Realty, LLC, d/b/a Mark Spain Real Estate (“MSRE”).

By accessing and using the website, mobile applications, clicking a “get started button or other type of button on our website,” or otherwise availing Yourself of the services and information offered through the website, You the “User” or “You” agree to be bound by these Terms of Service (hereinafter “Terms of Service” or “Agreement”) in effect at the time of each such access or other use of the website. If you do not agree with these terms and conditions, do not use this website.

You also acknowledge that MSRE may, from time to time, in its sole discretion and without notification to You, modify these Terms of Service. It is Your responsibility to apprise yourself of any such revision or modification each time you visit or use the website. If You do not so agree, You are not authorized to access or use the website in any manner, and You must exit the website immediately. Mark Spain Real Estate, and its Affiliates, may provide you with notices, and You consent to receive such notices, including but not limited to those regarding changes to the Terms of Service, Privacy Policy, promotions, surveys, marketing campaigns whether such notices are sent to You by email, first class mail, SMS, MMS, text messages, voice calls, postings, data, transactions on MSRE’s website, automatic dialing systems, robocalls or other reasonable means or hereinafter developed.

MSRE is the provider of an internet platform for residential real estate buyers and sellers in the specified geographic areas. MSRE has created the website as a means of providing, via the Internet, access to information about its services and other subjects related to its services. The features and information that a User may avail himself/herself of via the website are collectively referred to herein as the “Services.” This Agreement and the Privacy Policy may be modified by MarkSpain.com from time to time, and such modifications are effective upon posting by MarkSpain.com on the website.

User to Provide Internet Access

In order to access the website and/or use the Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. By accessing the website or becoming a User, You consent to have this Agreement and the Privacy Policy provided to You in electronic form.

Use By Children Prohibited

The website is not intended or designed to attract children under the age of 13. MSRE does not knowingly allow anyone under the age of 13 to access any Services or other features of this website.

Term

This Agreement will remain in full force and effect while you use the Service.

Accessibility and Availability

MSRE makes no guarantees regarding the availability of the website or the Services. Furthermore, MSRE reserves the right, within its sole discretion, to discontinue the website or Services and/or modify the contents of the website or the terms of its Services as it sees fit, including but not limited to the functionality of the website. You agree that MSRE will not be liable to You for any such discontinuance or modification of the website or the Services.

Authorized Use

MSRE grants You a limited license to access and make personal use of the website for purposes and uses that are legal and that are otherwise permitted by these Terms of Service. Other than page caching, You are not authorized to download or modify the website or any portion of it, except with express written consent of MSRE. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of any information; or any use of data mining, robots, or similar data gathering and extraction tools. Furthermore, You may not pose or transmit though the website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the website in any way that restricts or inhibits any other website user from using or enjoying the website consistent with the letter and intent of these Terms of Service.

Non-Commercial Use by Users

Users may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Website for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.

Any unauthorized use terminates the permission or license granted by MSRE in relation to the website.

Prohibition Against Harmful Transmissions

You agree that You will not upload, post, email, or otherwise transmit to the website any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment. You also agree not to (a) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution process; (b) create compilations or derivative works of any content and materials from the Site; (c) use any content and materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (e) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (f) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (g) use any automatic or manual process to harvest information from the Site; (h) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (i) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (j) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

Security Of Your Account

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security, and ensure that you log out from your account at the end of each session.

Guaranteed Offer Terms

Terms of this Offer

By submitting your information to see if You qualify for the Mark Spain Real Estate Guaranteed Offer Program (“Offer Program”), and Mark Spain Real Estate HomeNow program for renting property (“HomeNow”) (collectively “Offer Program”), You agree and its third-party investors may collect, use and share personal information about You. You agree that MSRE and its third-party investors may use this information, including your name, email address, phone number, and physical address, and other information relevant to applying for the Offer Program, in order to assess your qualifications for the Offer Program, to provide You with an offer if You are qualified, and to send or initiate direct marketing programs.

You also agree that MSRE may share the information You provide with third-party investors to assess your qualifications, to secure an offer if You are eligible, and for other purposes necessary to carry out MSRE’s obligations. Any third-party investors’ use of your personal information is subject to their own privacy policies. Decisions regarding your qualifications of the Offer Program are made at MSRE’s and its third-party investors’ sole discretion and will be considered final and binding.

Linking (To & From) The website; Advertisers Linked-To Sites

MSRE may, from time to time, provide via the website, links to other World Wide websites or resources and/or advertisements or other such promotional materials for third-parties. Because MSRE has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, User acknowledges and agrees that MSRE is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; and (3) the goods or services offered via these third-party sites. Accordingly, User acknowledges and agrees that MSRE shall not be responsible or liable to User in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to websites and/or the quality of any goods or services offered by or through any linked-to third-party site.

Links To MarkSpain.com From Other Sites

Unless otherwise authorized in writing by MSRE, no User or third-party is authorized to “deep link” to any web page contained in the website (i.e., no links are permitted under any circumstances from third-party websites to MarkSpain.com web pages other than the MarkSpain.com home page). Such links are expressly prohibited. Furthermore, without written permission from MSRE, no User or third-party may link to the MarkSpain.com home page in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party website as to the true ownership or sponsorship of MarkSpain.com and/or as to the existence or lack thereof of some affiliation or other relationship between MarkSpain.com and the third-party and/or its website.

Content on MarkSpain.com

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by MarkSpain.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. MarkSpain.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the website. Under no circumstances will MarkSpain.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the website or transmitted to or by any Users.

Content Posted by You on MarkSpain.com

(a) You are solely responsible for the content that you publish or display (hereinafter “post”) on the Service, or transmit to other Users. You will not post on the Service, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to MarkSpain.com. If information provided to MarkSpain.com., subsequently becomes inaccurate, misleading or false, you will promptly notify MarkSpain.com of such change.

(b) By posting content to any public area of MarkSpain.com, you automatically grant, and you represent and warrant that you have the right to grant, to MarkSpain.com., its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by MarkSpain.com will not infringe or violate the rights of any third party.

(c) Your use of the Service, including but not limited to the content you post on the Service, must be in accordance with any and all applicable laws and regulations.

Privacy Policy. MSRE will collect, use, store, and disclose personal information in accordance with its Privacy Policy.

Please consult the MSRE Privacy Policy for more data, which is incorporated into and made a part herein by reference within these Terms of Service.

MSRE Warranties

NEITHER MSRE NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, MEMBERS, OFFICERS, DIRECTORS, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE DISTRIBUTED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER MSRE NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, ATTORNEYS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICES, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability

MSRE SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEBSITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. MSRE SHALL HAVE NO LIABILITY WITH RESPECT TO MSRE’S OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEBSITE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MSRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF MSRE TO YOU OR FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF PRODUCTS VIA THE INTERNET, THE COST OF SUCH DISPUTED PRODUCTS (i.e., THE AMOUNT YOU PAID TO MSRE FOR SUCH PRODUCTS). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.

NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless MSRE, its directors, members, managers, officers, employees, assignees, and agents attorneys, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon a claim that: (1) if true, would constitute a breach of any of Your representations, warranties, or agreements hereunder; and/or (2) arises out of Your negligence, willful misconduct, or other breach of this Agreement.

In the event that one or more of the words, phrases, sentences, clauses, sections, subdivisions, or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. In the event that any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.).

This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between You and MSRE. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties.

This Agreement and any disputes arising from, relating to, or touching upon the Agreement and/or the subject matter hereof, shall be construed under and governed by the law of the State of Georgia.

Any action at law, suit in equity, or other judicial proceeding concerning, relating to, or touching upon in any way this Agreement or the subject matter hereof, shall be brought or commenced, if at all, only in the United States District Court for the Northern District of Georgia or, if that court lacks subject matter jurisdiction, the Superior Court of Cobb County, Georgia. By accessing and using the website, You submit to personal jurisdiction in Georgia in any action by MSRE against You and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the section and the paragraphs to which they pertain.
The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same.

The website contains copyrighted material, trademarks, and other proprietary information which may include text, software, photos, videos, graphics, music, and sound. The entire contents of the website are copyrighted as a collective work under the United States copyright laws. MSRE owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivate works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under the copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of MSRE and the copyright owner, if other than MSRE. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that You do not acquire any such ownership rights by downloading copyrighted material or otherwise using the website. Some of the content on the site is the copyrighted work of third parties.

The following trademarks and service marks, along with MSRE logos and product and service names are trademarks of MSRE. Without the owner’s prior written permission, you agree not to display or use the MSRE Marks in any manner not permitted by the applicable state and U.S. laws, or as otherwise allowed by these Terms of Service.

Mark Spain Real Estate
Family Silhouette LogoMSRE

Any other trademark or service mark protected or used by the Company.

Except as otherwise indicated, all content on the website, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software is the property of MSRE or its licensors and is protected by United States and international copyright laws. MSRE allows you to view or download a single copy of the material on the website solely for your personal, noncommercial use. The compilation of all content on this website is the exclusive property of MSRE and is protected by United States and international copyright laws. Unless specifically authorized in writing by MSRE, any use of these materials, or of any materials contributed to this website by entities other than MSRE, on any website or networked computer environment for any purpose is prohibited. Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by MSRE. Content and features are subject to change or termination without notice in the editorial discretion of MSRE.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright

In accordance with the DMCA, MSRE has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written notification of claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to MSRE’s designated contact agent, as identified below.

Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including costs and attorney fees) and could be subject to criminal prosecution for perjury. We suggest you consult with a legal advisor before filing any notice or counter-notice.

Please direct all inquiries and other communications relating to the website and/or the Services to: homes@MarkSpain.com.

You warrant and agree that Your access to and use of the website is in compliance with the laws governing such access, use, and related conduct in Your geographic region.

MSRE may make changes to the information in this website, or to the services described herein, at any time without notice. MSRE makes no commitment to update this information. It does not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision. MSRE is not a publicly-traded company. Content of this site herein is intended to identify forward-looking statements designed to fall within securities laws safe harbor for forward-looking statements. No information herein is intended or purports to be any type of securities filing or registration or related documents.

Use of this website or the corresponding Services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute violation of state and federal criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, MSRE may immediately issue a warning and/or temporarily or indefinitely suspend or terminate Your privilege to use and access the website if You: (1) breach this Agreement; and/or (2) take actions that MSRE believes may result in legal liability for You, for MSRE, or for other website users.

Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a law firm and the Site is not a lawyer referral service. In order to protect the integrity of the Services, MSRE reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the website.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiary of this Agreement.

IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE IN ANY WAY. YOU MUST EXIT THE WEBSITE IMMEDIATELY.

I do not agree and would like to leave the site.

Otherwise, enjoy MarkSpain.com.

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