The following Terms of Service are effective for all users of BuyIncomeProperties.com as of December 1, 2002.
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH BUYINCOMEPROPERTIES.COM OFFERS ACCESS TO OUR SERVICES.
BuyIncomeProperties.com is a site solely owned by Lukaya Enterprise. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.buyincomeproperties.com. If you do not agree to be bound by the terms and conditions of this Agreement, you cannot use or access our services.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.. This Agreement may not be otherwise amended except in a writing signed by you and Imagine Development Group, Ltd. This Agreement is effective on August 15, 2002 for new registering users.
Membership Eligibility. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services. Listing and participating on BuyIncomeProperties.com is free. However, having your listings appear on our partners' sits costs $39.95 for 3 months.
BuyIncomeProperties.com is a Venue.
Although from time to time, we do sell properties that we own, we also provide a venue for property owners and real estate agents to advertise their properties for sale. We are not real estate agents. Instead, our site acts as a venue to allow anyone to offer, sell, and buy all types of real estate. Other than the sale of our company-owned properties, we are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
Release. Because we are a venue, in the event that you have a dispute with one or more users, you release BuyIncomeProperties.com and Bradley J. Martineau, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Control. We do not control the information provided by other users that is made available through our site. You may find other user's information to be inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
Listing and Selling.
Listing Description. You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.
Fraud. Without limiting any other remedies, BuyIncomeProperties.com may suspend or terminate your account if we suspect that you (by conviction, settlement, investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
Access and Interference. Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the BuyIncomeProperties.com site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to BuyIncomeProperties.com by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without our prior expressed written permission.
Breach. Without limiting other remedies, we may immediately remove your listings, warn our users of your actions, issue a warning, temporarily suspend, indefinitely suspend and refuse to provide our services to you if:
you breach this Agreement or the documents it incorporates by reference;
we are unable to verify or authenticate any information you provide to us; or
we believe that your actions may cause financial loss or legal liability for you, our users or us.
No Warranty. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Disclaimer. NOTHING IN THE REAL ESTATE INVESTING COURSES & GUIDES THAT WE OFFER WILL GUARANTEE THAT YOU WILL MAKE OR SAVE MONEY INVESTING IN REAL ESTATE. LIKE OTHER INVESTMENTS, REAL ESTATE INVESTING CAN BE RISKY. THUS, YOU ARE ADVISED TO BE CAUTIOUS AND INVEST IN REAL ESTATE AT YOUR OWN RISK.
Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity. You agree to indemnify and hold Lukaya Enterprise, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
No Agency. You and BuyIncomeProperties.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to
Lukaya Enterprise, 1684 Decoto Rd Ste 155 Union City CA 94587 Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to BuyIncomeProperties.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
General. This Agreement shall be governed in all respects by the laws of the Commonwealth of Pennsylvania as such laws are applied to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by BuyIncomeProperties.com, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
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