TrueRealtyDesigns.com
Terms of Use Agreement

1.      Introduction.

Thank you for reviewing our Terms of Use Agreement (hereinafter the “Agreement”).  TrueRealtyDesigns.com  provides content, information, and advertisements on various web sites on the Internet, including, without limitation, on TrueRealtyDesigns.com (collectively the “Site” or “Sites”).  This Agreement applies to persons who visit, register with, subscribe to, or otherwise use the Sites (“Users”).  If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Sites.

2.      Availability and Eligibility.

All materials, content, and advertisements on the Sites are intended for distribution exclusively to consenting adults in locations where the materials and other communications do not violate any community standards or any Federal, State, or local law or regulation of the United States or any other country.  The Sites are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law.  Without limiting the foregoing, our Sites are not available to persons under the age of 18 (or persons under the age of majority if such age is more than 18) and the Sites should not be viewed or used by any such person.  By offering the Sites no distribution or solicitation is made by TrueRealtyDesigns.com  to any person to use the Sites in jurisdictions where the provision of such site or services is prohibited by law.  If you do not qualify, please do not use our Sites.  Further, if you register with the Sites, you agree not to transfer, loan, give, or sell your Site account user name and password to another party.  Any action on your part to bookmark a page on the Sites whereby the warning page and/or the Terms of Use page is bypassed shall constitute an implicit acceptance by you of all the Terms set forth herein as well as an acknowledgement by you that you are an adult and at least 18 years of age (or at least the age of majority under the laws of your state, province or country).

3.      User’s Responsibilities and Acknowledgements.

As a Sites User you are obligated to read this Agreement and our Privacy Policy before you view or use our Sites or provide any information to us.  You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future.  You acknowledge and agree that advertisers on the Sites are solely responsible for the content of their postings and their activities off the Sites, and that TrueRealtyDesigns.com  has not and does not endorse, monitor, screen, control, investigate, supervise or verify any advertisements or communications submitted to the Sites by advertisers or Users for dissemination through the Sites. All Users of the Sites are therefore cautioned and advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Sites prior to contacting or purchasing services described at the Sites or otherwise responding to any advertisement or communication at the Sites.

4.      Restricted Activities.

You are prohibited from any use of the Sites or their contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability.  Your information and activities on the Sites shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Sites; and (g)  create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.  You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Sites content or User information without the prior expressed written permission of TrueRealtyDesigns.com  and the appropriate third party, as applicable.  You may not consummate any transaction on the Sites, or that was initiated using our Sites, that could cause us to violate any applicable law, statute, ordinance or regulation.

5.      Access and Interference.

You agree that you will not use any robot, spider, botnets, scraper or other automated means to access the Sites for any purpose without our express written permission.  Additionally, you agree that you will not:  (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers, including without limitation, deep linking into our site; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content without the prior expressed written permission of TrueRealtyDesigns.com  and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iv) bypass any measures we may use to prevent or restrict access to the Sites.

6.      Breach.

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us.  We can also terminate this Agreement at any time, with or without cause.

7.      Privacy.

We only use and disclose your information as described in our Privacy Policy.  Our current Privacy Policy is available at http://www.TrueRealtyDesigns.com/privacy TrueRealtyDesigns.com  may change the Privacy Policy in the future.  You should check the Privacy Policy frequently for changes.

8.      Links to Third Party Sites.

There may be links established between the Sites and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, TrueRealtyDesigns.com .  Such links do not necessarily constitute an endorsement by TrueRealtyDesigns.com  of those sites.  TrueRealtyDesigns.com  undertakes no obligation to monitor such sites, and you agree that TrueRealtyDesigns.com  is not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.

9.      Intellectual Property.

The Sites contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Sites except as permitted under the applicable laws. If you post a comment to the blog on the Site, you grant TrueRealtyDesigns.com  a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TrueRealtyDesigns.com  or its affiliates for all claims resulting from content you supply. TrueRealtyDesigns.com  has the right but not the obligation to monitor and edit or remove any content on the Sites.

10.  DMCA Policy

TrueRealtyDesigns.com  takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us.  In accordance with the Digital Millennium Copyright Act (“DMCA”), TrueRealtyDesigns.com  has designated an agent to receive notification of alleged copyright infringement occurring on the Sites. If you believe that your copyrighted work is being infringed, notify the designated agent by sending an email to TrueRealtyDesigns.com

The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information:

• A description of the copyrighted work claimed to have been infringed;
• A description of the infringing material and information reasonably sufficient to permit TrueRealtyDesigns.com to locate the material;
• Your contact information, including your mailing address, telephone number, and email address;
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
• A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

11.  Contact Policy.

Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email.  Please be advised that if you provide us with your phone number or contact us with your phone, you have expressly granted us the right to contact you via text or phone call.

12.  Disclaimer of Warranties.

WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE 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.

IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT.  WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF TRUEREALTYDESIGNS.COM .  ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT.  TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRUEREALTYDESIGNS.COM  DISCLAIMS ANY AND ALL SUCH WARRANTIES.

13.  General Release.

IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE TRUEREALTYDESIGNS.COM , OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS 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.  YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”  YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY TRUEREALTYDESIGNS.COM .

14.  Limitation of Liability.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE.  OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100.  IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT TRUEREALTYDESIGNS.COM ’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

15.  Indemnity.

You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) materials and content you submit to, post to or transmit through the Sites, or (ii) your violation of this Agreement or your use of the Sites in violation of this Agreement or in violation of any applicable law.  You further agree that you will cooperate fully in the defense of any such claims. TrueRealtyDesigns.com  reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of TrueRealtyDesigns.com . You further agree to indemnify and hold harmless TrueRealtyDesigns.com  from any claim arising from a third party’s use of information or materials of any kind that you post to the Sites.

16.  Licenses.

TrueRealtyDesigns.com  grants a limited license to each qualified User to make personal use only of the Sites in accordance with this Agreement.  This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Sites, making any derivative of the Sites, the collection and use of e-mail addresses or other User information, or any data extraction or data mining whatsoever.  You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Sites.

17.  Waiver.

Failure by TrueRealtyDesigns.com  to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

18.  Right to Change this Agreement.

TrueRealtyDesigns.com  reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Sites at any time and in its sole and independent discretion.  Any changes will be effective upon the posting of the changes on the Sites.  You are responsible for reviewing the changes.  Changes to referenced policies and guidelines may be posted without notice to you.  Your continued use of this Site following TrueRealtyDesigns.com ’ posting of any changes will constitute your acceptance of such changes or modifications.  If you do not agree to any changes to this Agreement, do not continue to use the Sites.

19.  Dispute Resolution.

You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between users and not involving TrueRealtyDesigns.com , shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted exclusively in Nevada and the judgment on the arbitration award may be entered in any court having jurisdiction thereof.  Either you or TrueRealtyDesigns.com  may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Nevada necessary to protect the rights or property of you or TrueRealtyDesigns.com  pending the completion of arbitration.

20.  General Provisions.

This is the entire Agreement governing the use of the Sites.  No delay by either party shall waive rights under this Agreement.  This Agreement is governed by, and to be construed in accordance with, the laws of the State of Nevada, without regard to that state’s conflict of laws provisions.  By using the Sites and subject to the arbitration requirement above, you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in Nevada. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties.  If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of TrueRealtyDesigns.com  in accordance with applicable law and the remainder of the Agreement shall remain in full force.

21.  Contact TrueRealtyDesigns.com

Except as explicitly stated otherwise, any notices to TrueRealtyDesigns.com  shall be given by email to policies@TrueRealtyDesigns.com  (in the case of TrueRealtyDesigns.com ).  You agree that you will notify TrueRealtyDesigns.com  in writing of any claim or dispute concerning or relating to the Sites and the information or services provided through them and give TrueRealtyDesigns.com  a reasonable period of time to address it before bringing any arbitration or legal action.

Website Design, Development, and Website Hosting Agreement can be found HERE