My Smart Real Estate Terms and Conditions of Use
My Smart Real Estate Terms and Conditions of Use
The following terms and conditions (the “Terms”) govern all use of the MySmartRealEstate.com website and any other websites where MySmartRealEstate offers its Service, (each a “Site,” and collectively, the “Sites”).
In these Terms, “you” or “your” means the person accepting these Terms and the company (if any) on whose behalf he/she is acting, and "company," “we,” “us,” “our,” “MySmartRealEstate,” "MySmartRealEstate.com" means MySmartRealEstate and its affiliates. The Terms describe your rights and responsibilities and form a legally binding agreement between MySmartRealEstate and you with respect to your use of the Service. By using or accessing any part of the Service, you agree that you are at least eighteen (18) years old and have read, understand, and agree to be bound by all of these terms and conditions. If you do not agree to all of these terms and conditions, you must not use or access the Service. If you are entering into these Terms on behalf of a company, you represent that you have the authority to bind that company to the terms of these Terms. We reserve the right, in our sole discretion, to modify or replace any of the terms or conditions of these Terms at any time. Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes and you are responsible for reviewing those terms. Some products or services that become available on the Service may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with these Terms, those additional terms and conditions will control.
I. This website is owned and operated by MySmartRealEstate. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors education materials to provide information. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
2. Registration Data and Account Security
As a condition to using some parts of the Service, you may be required to register an account with MySmartRealEstate, select a password and user name and provide other information about your identity, your company, or your investments (“Registration Data”). You agree to (a) provide accurate, current, and complete Registration Data; (b) maintain the security of your password and user name; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Except as expressly provided in these Terms, you may only maintain one active account with the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your Registration Data. By providing us with your e-mail address, you agree to receive all required notices electronically, including through the Services (such as by displaying links to notices generally on the Site) or to your e-mail address. It is your responsibility to update or change that e-mail address, as appropriate. If you become aware of any unauthorized use of your Registration Data or Account Information for the Services, you agree to notify us immediately at the email address
3. In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
4. The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of MySmartRealEstate. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
5. You Bear Responsibility for Your Financial Decisions
By your use of our Services, you're agreeing that you bear responsibility for your financial decisions and agree that any information provided on MySmartRealEstate.com is for educational purposes only. You also agree that MySmartRealEstate, its owner, its employees, partners, and its agents will not be liable for any financial decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services.
6. Limitation on Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF WININSTOCKS, ITS OWNER, AND ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE IN THE IMMEDIATELY PRECEDING SIX MONTHS. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF THE COMPANY OR ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
7. Suspension; Termination
If we believe you are abusing our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. In the event of any such suspension or termination and we have to refund any amounts to the Users of your Room, you agree to pay us for any such refunded amounts.
The Company may terminate your account, delete your profile and any User Content that you have posted on the Service, and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18.
To the fullest extent permitted by law, you agree to indemnify and hold the Company, its subsidiaries, and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Service, your use of any Third-Party Services that are made available by the Service, any Content you post or Content you share on or through the Service or otherwise, your conduct in connection with the Service or with other Users, or any violation of these Terms or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination or cessation of use by you of the Service. Without limiting the generality of the foregoing, you agree to indemnify and hold the Company and its licensors harmless for any improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use your account.
You agree to use MySmartRealEstate for lawful purposes only. You may not use or allow others to use your MySmartRealEstate to:
Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
• Post or transmit any material that you don't have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
• Post, transmit, or link to sexually explicit material;
• Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes;
• Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);
• Offer, sell, or buy any security;
• Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone's computer;
• Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
• Use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;
• Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services; and
• Take any action that damages or disrupts the functioning of our systems or Services.
Unauthorized access of our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in our accessing our sites.
We reserve the right to remove any content from the MySmartRealEstate website at any time at our sole discretion. This includes but is not limited to comments from subscribers, visitors, past blog posts, stock picks, etc.
10. Third-Party Services, Other Websites, and Content
The Company may provide links or access to other websites, apps, products, or services provided by third-party service providers (“Third-Party Services”) when you visit the Site or use the Service.
Third-Party Services are not reviewed, controlled, examined, sponsored, or endorsed by MySmartRealEstate and MySmartRealEstate is not responsible for the information, advertising, products, resources, or other material of any Third-Party Services or any link contained in Third-Party Services. The inclusion of any Third-Party Services does not imply endorsement of the owner/sponsor of the Third-Party Services or its content by MySmartRealEstate. Your use of any such Third-Party Services is at your own risk.
MySmartRealEstate makes no representations or warranties with respect to Third-Party Services and will not be liable for such Third-Party Services, even when used in conjunction with the Service. MySmartRealEstate does not endorse or sponsor any products or services provided by third parties that are made available through the Service.
MySmartRealEstate is not responsible for any trading, buy/sell orders, or other activity that you conduct or that otherwise happens in connection with any of your brokerage accounts.
11. Other Disclaimers
The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Service or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service or any posted on or through the Service or transmitted to or by Users, or any interactions between Users, whether online or offline.
The Company reserves the right to change any and all Content, software and other items used or contained in the Service at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company.