- Other Terms; Product Terms; Modification.
- Other Terms. If you are accessing the Services as a real estate professional acting on behalf of a client, you acknowledge that your access to the Services is subject to these additional real estate professional terms and conditions. If you are accessing the Services as a seller of Products (as defined below), you acknowledge that your access to the Services and the offering of Products is subject to these additional seller terms and conditions.
- About the Services.
- Facilitated Marketplace. The Services operate as a marketplace which enables buyers to shop for Products that are offered for sale by sellers, and for sellers to offer Products that may be searched for and purchased. We generally do not have control over materials that are provided through the Services, and you understand that in operating the Services we are merely facilitating the efficient and digital exchange of the materials that are the subject of their respective Product. We may provide certain features to facilitate the provision of Services, such as granting you access and/or privileges to view, upload, and/or download the materials in certain specified formats that are supported by the Services.
- Products. Generally, your purchase of a Product is made directly from the listed seller of that Product, and not from us. We are not responsible for evaluating or confirming the materials delivered, and we do not warrant their accuracy, quality, or legality. We do not assume any liability for Products that are listed for sale by third parties. You understand that any disputes or concerns you have with the accuracy or appropriateness of such materials or the related Product will be governed by the associated Product Terms and should be taken up with the listed seller of the subject Product.
- No Uninterrupted Access. We attempt to provide uninterrupted access to the Services, but we cannot guarantee continued and uninterrupted access to the Services nor can we guarantee the availability of a Product for any specific period of time.
- Charges and Payment.
- Charges. Each Product listing will provide the specific price that is payable for that Product. The total amount payable for any Product is subject to change without notice until such time that you complete the purchase of that Product on the checkout page.
Payment Methods. We accept payments for fees payable for the listing, purchase, and/or sale of Products through the Services in the following methods, which are subject to important qualifications noted beside each payment method:
We will assess a surcharge on any payment made by credit card. This surcharge will be calculated as a percentage of the total amount to be charged and will be presented to you on the checkout page prior to your confirmation of the relevant transaction. The specific percentage is subject to change from time to time and is currently 4%. In no event will the amount of this surcharge exceed our cost of acceptance of the credit card.
Made payable to “Community Archives, Inc.”, and mailed to:
PO Box 831757
Richardson, TX – 75083
If your check is returned for NSF, ISF, stop payment, closed account or any other reason, you or your account may be subject to additional fees.
We generally do not charge your credit card until after your Product purchase has been fulfilled. Should the credit card you provide be invalid or otherwise be declined, you agree that the applicable fees remain due and payable, including certain additional fees arising out of our costs of collection. You agree that you have no right to receive any Product you purchase until we have received the full payment for that Product.
- Third Party Payment Processor. Credit card payments are processed by a third party vendor (the “Payment Vendor”) and are subject to the terms and conditions provided by the Payment Vendor. In order to make and complete online payments, you may be required to provide certain information, and all information provided to the Payment Vendor shall be subject to the Payment Vendor’s privacy notice.
- Requirements for Access.
- Account Conditions. When registering an account, you will: (a) provide true, accurate, current, and complete information about yourself as prompted by the Services’ account activation procedures; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. We reserve the right to not activate your account, or to suspend or terminate your account for any duration once activated, if we have grounds to suspect that your account information is untrue, inaccurate, not current, or incomplete.
- Password Protection. For registration and activation of your account on the Services, you must have a password. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You are responsible for all activities that occur under your account. You will immediately notify us if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised, or if there is any other breach of security in connection with your account. You must ensure that you log out from your account at the end of each session on the Services.
- THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, EITHER EXPRESS OR IMPLIED, WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT FOR THE SERVICES AND PRODUCTS LIES WITH YOU. THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICES WILL CONTINUOUSLY OPERATE, BE ERROR FREE OR THAT ANY ERRORS OR PROBLEMS WILL BE CORRECTED, OR THAT ANY INFORMATION, SOFTWARE, PRODUCT, OR CONTENT ACCESSIBLE THROUGH THE SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. ADDITIONALLY, THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE ABOUT ANYTHING PERTAINING TO THE SERVICES AND PRODUCTS, INCLUDING, WITHOUT LIMITATION, COMPATABILITY WITH HARDWARE OR SOFTWARE, ITS RELIABILITY, CURRENTNESS, OR OTHERWISE; AND YOU RELY ON THE SERVICES AND PRODUCTS AT YOUR OWN RISK. YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SERVICES, OF ANY USER, SELLER, PAYMENT VENDOR OR OTHER THIRD PARTY.
- WE MAKE NO REPRESENTATION THAT THE SERVICES AND PRODUCTS ARE AVAILABLE, SUITABLE, OR APPROPRIATE FOR USE IN ALL OR SPECIFIC JURISDICTIONS. IF YOU ACCESS THE SERVICES, OR USE THE PRODUCTS, FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.
Limitation of Liability and Class Action Waiver.
Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT OR CIRCUMSTANCES SHALL WE, THE PAYMENT VENDOR, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AUTHORIZED REPRESENTATIVES, LICENSORS, AND AGENTS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFIT, COST OF COVER, LOSS OF DATA, COMPUTER OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CONTROVERSY, ACTION, CLAIM, OR DISPUTE PERTAINING TO THE SERVICES OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, FOR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, OPERATION, OR TRANSMISSION, ALLEGED COMPUTER VIRUS, THEFT OR DESTRUCTION OF PROPERTY, AND/OR ACCESS (INCLUDING UNAUTHORIZED) TO, ALTERATION OF, OR USE OF SUCH SERVICES OR PRODUCTS. YOU AGREE THAT THIS LIMITATION OF LIABILITY WILL APPLY IRRESPECTIVE OF ANY CONTROVERSY, ACTION, CLAIM, OR DISPUTE BASED ON BREACH OF CONTRACT, TORT, OR ANY OTHER BASIS OF LAW OR LEGAL THEORY. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY ILLEGAL CONDUCT OF OTHER USERS, SELLERS, OR THIRD PARTIES IN CONNECTION WITH THE SERVICES OR PRODUCTS.
IN NO EVENT SHALL OUR AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY, IN CONNECTION WITH THE SERVICES OR PRODUCTS, HOWEVER ARISING, EXCEED THE MAXIMUM PURCHASE PRICE YOU PAID FOR SUCH SERVICES OR PRODUCTS PURSUANT TO WHICH LIABILITY IS ALLEGED OR CLAIMED.
- Taxes. You acknowledge that you are fully responsible and liable for any taxes (federal, state, local, or otherwise) owed as a result of your use of the Products, and that it is your responsibility to make all determinations relating to tax liabilities from your use of the Products.
- Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT OR CIRCUMSTANCES SHALL WE, THE PAYMENT VENDOR, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AUTHORIZED REPRESENTATIVES, LICENSORS, AND AGENTS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFIT, COST OF COVER, LOSS OF DATA, COMPUTER OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CONTROVERSY, ACTION, CLAIM, OR DISPUTE PERTAINING TO THE SERVICES OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, FOR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, OPERATION, OR TRANSMISSION, ALLEGED COMPUTER VIRUS, THEFT OR DESTRUCTION OF PROPERTY, AND/OR ACCESS (INCLUDING UNAUTHORIZED) TO, ALTERATION OF, OR USE OF SUCH SERVICES OR PRODUCTS. YOU AGREE THAT THIS LIMITATION OF LIABILITY WILL APPLY IRRESPECTIVE OF ANY CONTROVERSY, ACTION, CLAIM, OR DISPUTE BASED ON BREACH OF CONTRACT, TORT, OR ANY OTHER BASIS OF LAW OR LEGAL THEORY. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY ILLEGAL CONDUCT OF OTHER USERS, SELLERS, OR THIRD PARTIES IN CONNECTION WITH THE SERVICES OR PRODUCTS.
- Termination. We may terminate or suspend your access to the Services at any time without notice to you.
Severability and Modification.
Notice of Intellectual Property Infringement. We respect the rights of all intellectual property holders, and in this regard, we seek to provide a method to notify us if you believe your copyright has been infringed. You may provide a written claim of copyright infringement at:
Community Archives, Inc.
Attention: Copyright Agent
PO Box 831757
Richardson, TX – 75083
Your written claims concerning copyright infringement must include the following information:
i. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you claim has been infringed;
ii. a description of the copyrighted work that you claim has been infringed upon;
iii. a description of where the material that you claim is infringing is located in the Services;
iv. your address, telephone number, and e-mail address;
v. a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or are authorized to act on the copyright owner’s behalf.
Additional Terms and Conditions for Real Estate Professionals
If you are a real estate professional that is accessing the Services in your capacity as an agent to another person, you further represent and warrant to us that:
i. you are a licensed real estate salesperson, agent, or broker and are qualified and capable of performing real estate brokerage services;
ii. you are in compliance with all real estate licensing and regulatory requirements in the jurisdiction or geographic area in which you registered, or will register, for the Services, including being properly and fully licensed as required under applicable law;
iii. you will notify us promptly, through updating of your account information, of any changes to your license status, and will not represent the interests of another person when you are not licensed, or are otherwise unauthorized, to do so;
v. your use of the Services as an agent for another person does not violate any applicable laws or regulations in: (a) the jurisdiction in which you registered an account for the Services; (b) the jurisdiction in which you are using the Services; (c) the jurisdiction in which you perform or provide services as a real estate professional, including brokerage services if applicable; and (d) your domicile.
Additional Terms and Conditions for Sellers of Products
- Registration; Authorization; Incorrect Information.
- General. All sellers of Products via the Services must register and create a seller’s account. We reserve the right to approve or deny any submitted account registration request, for any reason or no reason. You agree that we are entitled to fully rely on the information that you provide in connection with any such registration. The acceptance of any registration request does not indicate our endorsement or approval of any particular Product that may be sold by you.
- Authorization to Review Information. You agree we are authorized to verify, at our discretion, any information you provide in connection with your account registration request, and to the extent that this authorization requires you to provide permission or consent to third parties in connection with any such verification, you will promptly provide such permission or consent.
- Consequences for Incorrect Information. We reserve the right to suspend or deactivate your account if we determine that any information that you provided in connection with your account registration is or has become untrue or otherwise incorrect, or if we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, to violate any of our policies or notices pertaining to the Services, or in a manner that poses a risk of any kind to the Services. No suspension or deactivation of your account will limit or otherwise waive any other recourse or remedy that we may have against you.
- Product Listing; Ratings.
- Product Listing. Once registered as a seller, you may submit Products for listing and purchase through the Services in accordance with these Additional Seller Terms. You understand and agree that you are solely responsible for all contents in, and descriptions of, your Products, including the purchase price and any additional Product terms that are applicable to a purchase thereof. You further understand and agree that a purchase of any Product is a purchase that is made from you by the purchaser, and not from us.
- Ratings. The Services may include the ability for users and purchasers to rate and otherwise provide feedback on sellers and Products. You agree that we may publish any such ratings or feedback provided by purchasers, and that we will have no liability to you in connection with such ratings or feedback published.
Credit Card Information; Unpaid Amounts; Transaction Limits.
- Expenses. You are responsible for all of your expenses in connection with the sale of Products via the Services. In order to become a seller, you much provide and at all times maintain a valid credit card account (in a type that is then-accepted by us), as well as a direct bank account (that is acceptable to us) for purposes of settlement of charges and proceeds relating to your sale of Products via the Services.
- Unpaid Amounts. If at any time there are outstanding amounts owed to us by you, we may, at our sole discretion: (a) charge the credit card or bank account associated with your account; (b) setoff any amounts that are payable by you to us against any payments we may make to you or amounts we may owe you; (c) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; or (d) collect payment or reimbursement from you by any other lawful means.
- Transaction Limits. Generally, we will provide you notification for each purchase transaction, through the Services, pertaining to your Products. We reserve the right to impose limits on the volume, amount, or type of purchase transactions, whether by amount, period of time, or some combination thereof, pertaining to purchases of some or all of your Products. You agree that we will have no lability to you, and hereby waive any claim relating to, our imposition of any of the foregoing limits, or our determination not to permit any particular purchase transaction to proceed as a result of the same.
- Risk Borne by You. All risks arising out of the sale and use of your Products will be borne by you, including but not limited to those arising out of fraud or loss in connection with incomplete, inaccurate, or outdated information in connection with your account or Products.
- Licensing. By accessing the Services, you grant us, without any further action on your or our part, a royalty-free, perpetual, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit images, logos, forms, and information (including but not limited to personally identifiable information) (such contained images, logos, forms, and information collectively, “Content”) contained in any of your Products, in whole or in part, worldwide in any form or technology for the full term of any copyright that may exist in such Content, without payment or attribution to you or to any third party. By providing, submitting, or uploading such Content on the Services, you represent and warrant that you own or have the right to use and license such Content in the manner stated under the Additional Seller Terms. To the extent permitted under applicable laws and regulations, you waive and release the Indemnified Parties, and agree not to assert against any of the Indemnified Parties, any intellectual property rights (including, as applicable, any moral rights) that you may have in any Content. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you declare that: (a) you have no objection to the publication, use, modification, deletion, and exploitation of the Content on or through the Services; (b) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (c) you forever release the Indemnified Parties and their licensees, successors, and assigns, from any claims that you could otherwise assert by virtue of such moral rights.
- Additional Representations and Warranties. You further represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing, and in good standing under the laws of the country or state, as applicable, in which such business is organized; (b) you have all requisite right, power, and authority to enter into the Additional Seller Terms, perform your obligations, and grant the rights, licenses, and authorizations in the Additional Seller Terms; (c) any information (including but not limited to personally identifiable information) provided or made available by you is at all times accurate and complete; (d) any Products provided or made available by you will, at all times, be so provided or made available in compliance with all applicable laws; (e) you have the right, or otherwise possess the necessary third party authorization or consents, to use the Content in your Products; and (f) you will comply with all applicable laws and regulations in performance of your obligations and exercise of your rights and privileges under the Additional Seller Terms.
- Further Limitation of Liability. YOU AGREE THAT WE ARE NOT INVOLVED IN THE OFFERING, SALE, AND PURCHASE OF YOUR PRODUCTS, AND YOU HEREBY RELEASE THE INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, DIRECT AND CONSEQUENTIAL, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR CONNECTED WITH ANY DISPUTE BETWEEN YOU AND ANY PURCHASER, USER OF, POTENTIAL PURCHASER, OR POTENTIAL USER OF ANY PRODUCT.
Additional Indemnification Obligations; Right to Defend.
- Right to Defend. If any indemnified controversy, claim, dispute, cause of action, or lawsuit might adversely affect us, we may, in our sole discretion and to the extent permitted by applicable laws and regulations, voluntarily intervene in such controversy, claim, dispute, cause of action, or lawsuit at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified controversy, claim, dispute, cause of action, or lawsuit without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.
- Compliance with Privacy Laws. You agree you will fully and completely comply with all applicable laws and regulations relating to personal information (including but not limited to personally identifiable information) or data in connection with the offering and sale of your Products. You further agree that you shall store, secure and utilize such personal information (including personally identifiable information) and data in accordance with all applicable laws and regulations.