SMART Real Estate Consulting, LLC
WEBSITE TERMS AND CONDITIONS OF USE
https://www.smartrealestateconsulting.com/
Last modified March 22, 2024
1. Acceptance of these Terms of Use
These Terms and Conditions of Use, together with any documents referenced and incorporated herein (“Terms of Use”), form an agreement between you and SMART Real Estate Consulting, LLC (“COMPANY,” “we,” “our,” or “us”) regarding your access to and use of our website located at https://www.smartrealestateconsulting.com/, including any content, functionality, and Services (as defined below) offered on or through https://www.smartrealestateconsulting.com/, and any other media form, mobile website or mobile application related, linked, or otherwise connected thereto (the “Website”). The Website is only intended to be accessed and used by an Authorized User (as defined herein). If you are not an Authorized User, you may not access or use the Website and must immediately cease all access to and use of the Website.
Please read these Terms of Use carefully before you start to access or use the Website or any of the services offered on the Website, including, but not limited to, before you contact us through the Website, sign up for an email newsletter, schedule a call with us, inquire about our services, or access or use any other features or materials provided on the Website (the “Services”). By accessing and using the Website and its Services, you accept and agree to be bound by and to abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or participate in the Services.
The Website is only offered to users who are at least eighteen (18) years old (or the age of majority in the state or country of which you are a resident) and who are able to enter into an enforceable agreement with COMPANY. Additionally, at this time, the Website and Services are only intended for and offered to residents of the United States. If you are not a legal adult or are not a resident of the United States, you are not authorized to use the Website and must cease all further access to and use of the Website. By using the Website, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. Changes to these Terms of Use
We may revise, update, and otherwise modify these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to the Website, and such changes apply to all access to and use of the Website and participation in the Services. Your continued use of the Website or participation in the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
3. Accessing the Website and Security
We reserve the right to withdraw or amend this Website, and any Services or materials we provide on or through the Website, in our sole discretion, without notice to you. We will not be liable if, for any reason, all or any part of the Website or our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Services to specific users, which may or may not include you.
You are responsible for both:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms of Use and the Privacy Policy
It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide in connection with your access to and/or use of the Website, including via the contact and scheduling forms or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
By accessing and using the Website, you acknowledge and agree that the Website and Services are only intended for users who are legal adults and residents of the United States (each, an “Authorized User”). We have the right to disable your access to some or all of the Website and/or Services, at any time and for any or no reason, in our sole opinion and discretion, including if we determine that you have violated any provision of these Terms of Use or the Privacy Policy.
4. No Reliance on Information Posted or Linked-To
ALL INFORMATION, MATERIAL, AND CONTENT ON THE WEBSITE AND LINKED TO FROM THE WEBSITE ARE STRICTLY FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT PROVIDED AS INVESTMENT, TAX, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. WE ARE NOT FINANCIAL ADVISORS, CERTIFIED PUBLIC ACCOUNTANTS, OR LAWYERS. YOU SHOULD NOT CONSTRUE OR RELY ON ANY SUCH INFORMATION, MATERIAL, OR CONTENT AS INVESTMENT, TAX, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR YOUR RELIANCE ON ANY INFORMATION, MATERIAL, OR CONTENT OFFERED ON OR THROUGH OUR WEBSITE, INCLUDING BUT NOT LIMITED TO BLOGS, INFORMATION CONTENT, PRODUCTS, AND SERVICES WE MAY OFFER THROUGH THE WEBSITE, AND THIRD PARTY PRODUCTS AND SERVICES ACCESSED OR OFFERED THROUGH OUR WEBSITE.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content and links to materials and websites created and/or provided by third parties such as our affiliates, or licensors. All statements, information, advice, and/or opinions expressed in these materials, other than the content created by COMPANY, are solely the statements, information, advice, opinions, and the responsibility of the person or entity providing those materials and information. These materials and information do not necessarily reflect the opinion of COMPANY. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or information created or provided by any third parties.
5. No Guarantee of Pricing or Services
All pricing and descriptions provided on the Website regarding COMPANY’s services, including without limitation its training, coaching, and consulting services, are intended for the general public, not specific to you, and are provided for the purpose of example only. Such pricing and descriptions do not constitute an offer by COMPANY to provide such services to you at such price. In order to obtain pricing for the COMPANY’s services, as well as a description of the services that COMPANY will offer and/or provide to you, please schedule a call with us using our Calendly form. Please note that your scheduling a call with us using our Calendly form does not constitute COMPANY’s agreement to provide services to you.
6. Intellectual Property Rights
The Website, Services, and all content, features, and functionality on the Website (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by COMPANY, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except to access the Website and participate in the Services as an Authorized User, consistent with the terms and intent of these Terms of Use. In addition:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide certain features as part of the Website, such as by providing a link to download certain material, you may take such actions as are enabled by such features.
Any permission granted to you by these Terms of Use terminates automatically if you violate these Terms of Use or our Privacy Policy. No right, title, or interest in or to the Website, the Services, or any content on the Website is transferred to you, and all rights not expressly granted are reserved by COMPANY. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. COMPANY expressly reserves all rights in and to its intellectual property, including the right to pursue any and all legal remedies it may have should your breach of these Terms of Use constitute intellectual property infringement under applicable international, federal, and/or state law.
If you wish to make any use of material on the Website other than that set out in this section, or are unsure whether a certain use of material would violate the terms of this section, please address your request to the email address provided in the Your Comments and Concerns section below.
7. Trademarks
The name of COMPANY, SMART Real Estate Consulting, LLC, and the respective company logos associated with COMPANY and its affiliates or licensors, and all related names, logos, trade dress, product and service names, designs, and slogans are trademarks of SMART Real Estate Consulting, LLC or its affiliates or licensors. You may not use such marks without the prior written permission of COMPANY. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
8. Site Use
COMPANY grants you a limited, fully-revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Website and Services solely for your own use as an Authorized User and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.
You agree not to record, download, or otherwise copy any materials on the Website, including, but not limited to, any of the materials provided as part of the Services, or any other videos, pictures, logos, graphics, guides, articles, blog posts, or other resources offered on the Website, unless we explicitly grant you permission to do so (such as by providing a link to download the particular material). However, the content on the Website may be displayed, reformatted, or printed on your printer for use as personal reference.
You also agree not reverse engineer or break into the Website, or use any of our materials, products, or Services in violation of any law. Your use of this Website is at the sole discretion of COMPANY, and COMPANY may terminate your use of this Website at any time and for any reason.
9. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate COMPANY or any of its affiliates, an employee of COMPANY or any of its affiliates, another user, or any other person or entity that is not you (including, without limitation, by using email addresses or screennames associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us in our sole discretion, may harm COMPANY or users of the Website or Services, or expose COMPANY, users, or any third party to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or Services.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, cloud storage, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
10. Monitoring and Enforcement; Termination
We have the right to:
· Take any action with respect to your access to and use of the Website and Services that we deem necessary or appropriate in our sole discretion, including if we believe your access to and/or use violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, violates our Privacy Policy, or could create liability for COMPANY.
· Disclose your identity or other information about you to any third party who claims that you have violated their rights, including their intellectual property rights or their right to privacy.
· Remove any material on the Website at any time, without notice to you, for any or no reason, in our sole discretion.
· Suspend, terminate, delete, or revoke access to all or part of the Website or Services at any time, for any or no reason, including, without limitation, any violation of these Terms of Use.
· Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website or Services. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
11. Copyright and Trademark Infringement
If you believe that any materials on the Website violate your or any third party’s copyright or trademark rights, you may contact us using the information provided in the Your Comments and Concerns section below. When doing so, please provide the following information: (1) a clear statement identifying the works or marks that you believe to be infringed, such as copyright and/or trademark registration/serial numbers and depictions of the same; and (2) sufficient information about the location of the allegedly infringing materials so that we can find and verify their existence and take appropriate action.
12. Changes to the Website
We may update the content on this Website from time to time, but we do not guarantee that all content is complete or up-to-date at any given time. If you have a question as to whether certain content is complete or up-to-date, please contact us using the information in the Your Comments and Concerns section below.
13. Information About You and Your Visits to the Website
All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
14. Links from the Website (Outbound Links)
The Website may contain links to other websites and resources provided by third parties, including social media websites such as LinkedIn, Facebook, and Instagram. These links are provided for your convenience only. We have no control over the contents of those third-party websites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. These links are not express or implied endorsements or approvals by COMPANY of any products, services, or information available from these websites. If you decide to access any of the third-party websites linked to from the Website, whether such links are placed on the Website by COMPANY or otherwise, you do so entirely at your own risk and subject to the terms of use and privacy policies for such websites.
15. Links to the Website (Inbound Links)
Linking from any third-party website to the Website is strictly prohibited, unless we specifically authorize you to do so in writing. You may, however, link to our homepage at https://www.smartrealestateconsulting.com/, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part without our express written consent.
Additionally, you may not: (i) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or (ii) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any links at any time without notice in our discretion.
16. Third-Party Services and Access to Third-Party Sites
Certain areas of the Website may be operated on behalf of COMPANY by third parties, and may be subject to the terms of use and privacy policies of those parties. COMPANY is not responsible for any aspect of these third-party service providers or websites, including any purchases made on those sites. Please review any terms and conditions that may apply if and when you visit other areas operated by third parties.
Third-parties service providers may provide certain services on COMPANY’s behalf related to the Website or Services. COMPANY may provide information, including personal information that it collects, to these third-party service providers to help us provide the Website and its Services to you. COMPANY will take reasonable steps, consistent with the Privacy Policy, to ensure that these third-party service providers are obligated to protect your personal information. You hereby acknowledge that COMPANY is not responsible for the disclosure of personal information by a third-party service provider through no fault of COMPANY.
17. Technical Support and Website Maintenance
The Website and its Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. COMPANY has no obligation or duty to provide any Website technical support services to you. In the event that COMPANY chooses, in its sole discretion, to provide Website technical support services to you, COMPANY’s provision of such services to you does not constitute an offer, promise, or any form of agreement by COMPANY to provide any such services to you in any particular manner or quality or at any point in the future. COMPANY shall not be liable to you for choosing to provide, providing, declining to provide, or providing incomplete Website technical support services to you. COMPANY has absolutely no obligation or duty to provide or maintain, or continue to provide or maintain, the Website, and the Website’s content, quality, and availability to you is subject to change at any time and for any or no reason, in COMPANY’s sole discretion.
18. Geographic Restrictions
COMPANY provides this Website from within the United States, intended for access and use within the United States. Access to the Website may not be allowed or legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
19. Disclaimer of Warranties
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES USED OR OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES USED OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES USED OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES USED OR OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER/CLOUD THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES USED OR OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO OR FROM IT, THE SERVICES, AND ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. Indemnification
You agree to defend, indemnify, and hold harmless COMPANY, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of Website’s content, Services, and materials other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
22. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina, in each case located in the City of Greenville and County of Greenville, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
23. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
THE FOREGOING DOES NOT AFFECT ANY STATUTE OF LIMITATIONS THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
24. Waiver and Severability
No waiver by COMPANY of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of COMPANY to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a legally valid tribunal to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
25. Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and COMPANY regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Website and/or Services.
26. Your Comments and Concerns
This Website is operated by SMART Real Estate Consulting, LLC.
To provide feedback or comments, request the removal of copyrighted or trademarked materials, report violations of these Terms of Use, or communicate with us for any other reason relating to the Website and Services, please contact us:
by email at:
ivey@smartrealestateconsulting.com
or
by mail at:
503 South Main Street,
Mauldin, South Carolina, United States 29662