TERMS OF USE BETWEEN USER and My Real Estate Home Solutions, LLC
Please read this agreement ("Agreement") carefully before accessing or using our websites. Accessing or using our websites (Kongsumer.com) or services constitutes your agreement to all such terms, conditions and notices. These Terms of Use are subject to change at any time, without prior notice, and such modifications shall be effective immediately upon posting of the modified Terms. Accordingly, you agree to review the Agreements periodically, and your continued access or use of our websites shall be deemed your acceptance of the modified Agreement. If you do not agree to these terms and conditions, do not contact us or access any of our websites.
Account and Password
You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify My Real Estate Home Solutions of any unauthorized use of your account.
Information
You agree that all of the information you have provided to My Real Estate Home Solutions by any form of communication, is accurate and complete. My Real Estate Home Solutions reserves the right to update and modify any information in it's systems as needed. My Real Estate Home Solutions reserves the right to cancel or suspend access to any inaccurate or misleading information.
Fees, Payments, and Registration Requirements
My Real Estate Home Solutions may receive payment for certain services and products. My Real Estate Home Solutions may receive payments for personal and other information the websites users provide to us, from service providers, affiliates, or other third parties that may provide the particular type of service the user requests. Your use of My Real Estate Home Solutions services constitutes your acknowledgment of, and agreement to these compensation arrangements.
By registering / creating a profile with My Real Estate Home Solutions, you agree that:
a. You are of legal age;
b. You are interested in a service or product we offer;
c. You agree to be contacted via Email or any other means by My Real Estate Home Solutions, and by third parties for services you have requested, regardless if you are on a Do Not Call list;
Refunds
Products provided as downloadable content are final and non-refundable. For non-digital downloadable products, please contact us at KongsumerTV@gmail.com regarding a refund.
Reselling
Items purchased may NOT be redistributed (i.e.-uploaded, hosted, lend, published, transmitted, altered, remixed, shared), or resold "as-is" or as part of any other collection of project resources or files. You may not re-sell or transfer digital content purchased from our stores in any way.
License
By purchasing a downloadable or digital item, you are simultaneously buying a license for usage of that item. This license gives you rights to use it for personal or for commercial work you are doing for a client. You may not give the product or item to a client for their own use, as the client must purchase their own license.
Advertising
When advertising or creating awareness of our products, free or paid, the download link must point to the product in our store(s). Items purchased may NOT be advertised as "your product" in any way.
Usage
You acknowledge our products or items my require mods or additional software to work.
You may:
-Use the digital items on your devices.
-Monetize online videos displaying the products.
You may not:
-Remove any copyright, trademark, comment(s) from the digital product / item.
Payments
By providing the details for a credit card, debit card, or payment account, you confirm you are the holder of the credit card, debit card, or payment account or have been granted usage of the credit card, debit card, or payment account to make purchases.
Copyright and Trademark Notices
All contents of our websites are owned, Copyright© 2006 - 2020 or licensed by My Real Estate Home Solutions, LLC and/or its suppliers U.S.A. All rights reserved. Kongsumer.com are service marks of My Real Estate Home Solutions, LLC. Any product and company names mentioned herein, including the names of real estate professionals, affiliates, or third parties may be the trademarks of their respective owners. No reproduction, distribution, or transmission of the copyrighted materials at our websites is permitted without the written permission of My Real Estate Home Solutions, LLC.
Indemnification
You agree to indemnify, defend and hold harmless My Real Estate Home Solutions, LLC, its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to any information or materials you provide, your use our websites or your reliance on the contents including use of My Real Estate Home Solutions services and/or your breach of these terms, or any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
Liability Disclaimer
You use our websites at your own risk. My Real Estate Home Solutions, LLC and its agents assume no responsibility for any consequences, expenses (including attorneys' fees) and damages relating directly or indirectly to any action or inaction that you take based on the information, services, products, or other material on our websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement. While My Real Estate Home Solutions, LLC and its affiliates, strive to keep the information on the websites accurate, complete, and current, My Real Estate Home Solutions, LLC, and its affiliates cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of said information. If your use of our websites or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither My Real Estate Home Solutions, LLC, nor its affiliates are responsible for those costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON OUR WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MY REAL ESTATE HOME SOLUTIONS, LLC, AND ITS AFFILIATES MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES TO OUR WEBSITES INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIAL AT ANY TIME. THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL MY REAL ESTATE HOME SOLUTIONS, LLC, AND ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITES OR WITH THE DELAY OR INABILITY TO USE OUR WEBSITES OR SERVICES, OR FOR ANY INFORMATION, PRODUCTS, MATERIAL AND/OR SERVICES OBTAINED THROUGH OUR WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MY REAL ESTATE HOME SOLUTIONS, LLC, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MY REAL ESTATE HOME SOLUTIONS OR MY REAL ESTATE HOME SOLUTIONS 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. MY REAL ESTATE HOME SOLUTIONS' LIABILITY, AND THE LIABILITY OF MY REAL ESTATE HOME SOLUTIONS SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO ONE-HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT ALWAYS APPLY.
Third Party Services
Other third party services may appear on our websites as well as a service to our Users who may be interested in such services. My Real Estate Home Solutions is not responsible for and makes no warranties or representations as to the quality or performance of the services offered by third parties. We recommend all users to review each third party service offerings prior to engagement. Your use of this site constitutes your agreement to all such terms, conditions and notices.
Links to Third Party Sites
While on our websites, you may be led to other web sites operated by parties other than My Real Estate Home Solutions, LLC, or its affiliates. Inclusion of hyperlinks by My Real Estate Home Solutions, LLC, to websites does not entail any endorsement of the material on such web sites or any association with their operators, and your access and use such sites, including information, material, products and services contained therein, is solely at your individual risk. These links are provided for your convenience and reference only. We are not accountable for the quality or results or any product or service provided by these companies. Review their products and services carefully. We are not responsible for the use of the information that you provide these third parties.
Errors and Delays
My Real Estate Home Solutions, LLC is not responsible for any errors or delays in providing services or responding to any service requests from missing or incorrect information or other technical problems beyond our reasonable control.
Miscellaneous
Our websites are applicable to and should only be used by persons 18 years of age or older located within the United States of America. Access and use of our websites by persons under the age of 18 or from locations other than the United States is prohibited. This Agreement and the resolution of any dispute related to this Agreement or our websites shall be governed by and construed under the laws of the State of Georgia without giving effect to any principles of conflicts of law.
You may not assign your rights, except in the event of a merger or consolidation of either party, in which case the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
If by reason of failures of telecommunications, computer hardware, computer software, or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of My Real Estate Home Solutions, My Real Estate Home Solutions is unable to perform in whole or in part its obligations as set forth in this Agreement, then My Real Estate Home Solutions shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make My Real Estate Home Solutions liable to you.
Dispute Resolution
Any claim or controversy arising out of or relating to the use of My Real Estate Home Solutions, LLC, services, to the goods or services provided by My Real Estate Home Solutions, LLC, or to any acts or omissions for which you may contend My Real Estate Home Solutions, LLC, is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Atlanta, Georgia. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall select an arbitrator from a panel of arbitrators. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Georgia. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND MY REAL ESTATE HOME SOLUTIONS, LLC, WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT BY A JUDGE OR JURY.
Other Terms
These Terms of Use shall be subject to and construed in accordance with the laws of the State of Georgia, excluding its conflict of laws principles. If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to My Real Estate Home Solutions, LLC.
Incentives
My Real Estate Home Solutions, LLC, shall not have any responsibility for any incentives (regardless of form) that may be offered by affiliates, third parties, etc. You agree to look solely to the third party offering such incentive to fulfill its agreement with you and you hereby hold My Real Estate Home Solutions harmless and release us from any liability whatsoever in connection with any third-party incentive offer(s).
Termination
My Real Estate Home Solutions reserves the right to cancel the membership of any User of My Real Estate Home Solution Services without liability at any time without notice for any reason, including a User's breach of these Terms of Use, or the terms and conditions of any service for which the User may have registered. A User may cancel membership at any time for any reason by contacting/sending an email to KongsumerTV@gmail.com. Users shall be responsible for ensuring delivery of the cancellation notice to My Real Estate Home Solutions. Upon cancellation and termination of this Agreement, you hereby agree to immediately destroy all information that has been obtained from our websites, and you acknowledge and agree that you will no longer be authorized to access the websites or any of the services or features therein upon such termination.
Service Updates and Changes
My Real Estate Home Solutions reserves the right at any time to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. Your continued use of our websites or any service after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. My Real Estate Home Solutions shall not be liable to any User or any third party should My Real Estate Home Solutions exercise its right to modify or discontinue service.
License
By submitting content, photos, video, data or other materials directly through our websites (collectively, "Items"), you hereby grant to My Real Estate Home Solutions a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sublicensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Items in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers, unless otherwise agreed in a writing signed by My Real Estate Home Solutions. You further grant to My Real Estate Home Solutions a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the Items.
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Items and grant the licenses described in these Terms, (b) the Items are accurate, current and complete, (c) the Items and your use of the our websites shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third parties including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Items and your use of the web site shall not violate any applicable law or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person; (e) your use of our websites shall not violate any agreements between you and a third party.
No Unlawful or Prohibited use and Activities
As a condition of your use of our websites, you warrant to My Real Estate Home Solutions, LLC, that you will not use our websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to our websites automatically terminates.
You may not distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from our websites. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. You agree to refrain from accessing prohibited areas of our websites. Unauthorized individuals attempting to access prohibited areas of our websites may be subject to prosecution. You are solely responsible for complying with all applicable U.S. and international intellectual property laws in connection with our websites and their contents.
The following is a partial list of the kinds of activities that are prohibited on or through the My Real Estate Home Solutions web sites: (a) submitting Items that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Items that could be harmful to minors; (c) engaging in activity or submitting Items that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about website users, including names, phone numbers, addresses, email addresses, (collectively, "User Info") without their consent; (e) engaging in activity, or submitting Items, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Items that contain restricted or password only access pages, or hidden pages or images; (g) submitting Items that displays pornographic or sexually explicit material of any kind; (h) submitting Items that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Items that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Items that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in our websites or for any other unauthorized purpose without My Real Estate Home Solutions' prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of our websites; (n) decompiling, reverse engineering, or disassembling the Software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the My Real Estate Home Solutions websites or that of any of its Licensors or Suppliers.
Interactive Areas
My Real Estate Home Solutions websites may offer forums, blogs, notes areas, and comments areas (collectively, "Forums") that are intended for users 18 years of age and older. My Real Estate Home Solutions does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Be respectful of other individuals using these Forums. Do not use vulgar, abusive or hateful language. You may not use the Forums for advertising or promotional materials or other forms of solicitation without contacting us first for approval. Uploading copyrighted or other proprietary material of any kind on the My Real Estate Home Solutions websites without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information you do not want other parties to see or use and you hereby agree that you will not hold My Real Estate Home Solutions responsible for any third party's use of information contained in such posting.
My Real Estate Home Solutions does not monitor all of the Items posted or transmitted by you and other third-party information providers via our websites, including, without limitation, any Items posted via the Forums. You expressly agree that My Real Estate Home Solutions: (a) will not be liable for Items and (b) reserve the right to review, reject, delete, remove, modify, or edit any Items at any time for any reason, without liability and without notice to you.