BoomTown Terms of Use
Welcome to BoomTownROI.com. BoomTown, LLC (“BoomTown,” “we,” “us,” and “our”) owns and operates BoomTownROI.com, a real estate marketing platform (the “BoomTown Website”). The BoomTown Website is provided by BoomTown subject to these Terms of Use as modified from time to time (“Terms of Use”). Unless specifically stated otherwise, these Terms of Use are applicable to both the portions of the BoomTown Website that can be publicly accessed (the “Free Website”) and that require access using an authorized ID and password (“Management Website”).
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND CONSTITUTE A LEGALLY BINDING AGREEMENT.
You may be using the BoomTown Website individually or in your capacity as an employee or agent for a company or other legal entity (collectively, “Company”). These terms of use are intended to bind you individually. If you have been granted access to the Management Website, your Company has already agreed to comply with these Terms of Use in a separate contract (a “Broker Contract”). By clicking “I accept & login” or using the BoomTown Website you agree to comply with these Terms of Use. If you do not accept these Terms of Use, you may not access the BoomTown Website or use any of the services provided on or through the BoomTown Website, whether you are a registered user or not. References to “you” and “your” in these Terms of Use refer to you individually or the Company if separately agreed. Your use of the BoomTown Website is subject to your compliance with the Terms of Use.
You are the only individual person authorized to use your individual log-in ID and password to access the Management Website.
You agree to comply with all procedures, rules and policies established by us that are made available to you, and all federal, state, and local laws and regulations that apply to your use of the BoomTown Website.
The BoomTown Website is not intended for users under 18, and no one under 18 years of age is authorized to access or use the BoomTown Website. By accessing and using the BoomTown Website you represent and warrant that you are 18 or older.
Please review our privacy policy, which also governs your visits to the BoomTown Website, to understand our practices.
The BoomTown Website and all of its information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other works (“Content”) are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries (collectively, “Intellectual Property Rights”). The Intellectual Property Rights in the Content are owned or controlled by BoomTown or its Content providers. Additionally, the BoomTown Website itself is protected by copyright as a collective work and/or compilation. Nothing within the terms of use and the BoomTown Website shall be construed as conferring a license of or to any of our or any third party's Intellectual Property Rights, whether by estoppel, implication, waiver, or otherwise, except as expressly set forth in these Terms of Use. All other rights are reserved.
The name BOOMTOWN and our other graphics, logos, designs, page headers, button icons, scripts and service names (“Marks”) are trademarks, service marks or trade dress of BoomTown. The Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our express prior written permission. All marks not owned by BoomTown that appear on the BoomTown Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BoomTown. Any use of any of the marks appearing throughout the BoomTown Website without the express written consent of us or the owner of the mark, is strictly prohibited.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without BoomTown's prior express written permission, except that the foregoing does not apply to the Content that you create and legally post on the BoomTown Website (“Your Content”). Except for Your Content, you may not upload or republish the Content on any Internet, intranet or extranet site, incorporate the Content in any other database or compilation, or copy or incorporate the Content into any printed or electronic medium. Any other use of the Content is strictly prohibited. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the BoomTown Website or any software or programs used in connection with the BoomTown Website. All licenses granted herein are subject to these terms of use and do not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the BoomTown Website or the Content other than as specifically authorized herein, without the prior written permission of BoomTown, is strictly prohibited and will terminate the licenses granted under these Terms of Use. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
The BoomTown Website potentially allows you to gain access to the Management Website, depending on whether your Company has subscribed to the BoomTown Website and agreed to pay a fee (“Subscription Participants”). Subscription Participants and visitors to the Free Site (“Visitors”) are collectively referred to as “Users.”
If you are a Visitor, BoomTown grants you a limited, nonexclusive, revocable license to access and make use of the Free Website, subject to the terms and conditions of these terms of use. If you are a Subscription Participant, BoomTown grants you a limited, nonexclusive, revocable license to access and make use of the Free Website and the Management Website, subject to the terms and conditions of these Terms of Use.
The licenses granted above are limited to your use solely (i) for your personal, non-commercial purposes and (ii) for use by your Company in its operations, and for no other purposes. The licenses granted above are revocable at any time without notice and with or without cause.
The BoomTown Website may contain links to other websites not owned or controlled by BoomTown (“Third Party Sites”) as well as content belonging to or originating from third parties (“Third Party Content”). Third Party Content and Third Party Sites are not under our control. BoomTown does not review and is not responsible for (i) any Third Party Content or any link contained in any Third Party Site; (ii) any changes or updates to the information contained in any Third Party Sites; (iii) the privacy policy or terms of use of any Third Party Site; or (iv) the security of any Third Party Site. BoomTown provides the links to Third Party Sites only as a convenience, and the inclusion of any such link on the BoomTown Website does not imply our endorsement of the Third Party Site, the organization operating such Third Party Site, or any products or services of that organization. Access to any other sites linked to the BoomTown Website or to software or applications from any of the Third Party Sites is at your own risk, and you should be aware that our terms and policies no longer apply. You should review the applicable terms and policies, including privacy policies, of any other site you visit from BoomTownROI.com.
We respect the intellectual property of others. If you believe that any material on the BoomTown Website infringes upon any copyright which you own or control, please send a written notification of such claim to:
BoomTownROI, LLC
Attn: DMCA Complaints
635 Rutledge Ave, Suite 105
Charleston, SC 29405
The BoomTown Website may also allow third parties, including real estate brokers, (collectively, “Service Providers”) to offer products and services to you (“Service Provider Services”). These services may be offered directly from the BoomTown Website or by a link to the websites controlled by the Service Providers. Service Providers may provide for their own terms of use.
If you purchase a product or service from a Service Provider via a link from the BoomTown Website, you are dealing with that Service Provider and BoomTown has no responsibility for the transaction or the use of information provided by you or us to the Service Provider. The Service Provider’s terms of use and privacy policy will apply to your purchases of Third Party Services.
Any agreement by you to purchase any Service Provider Services is between you and the applicable Service Provider. You agree that BoomTown has no responsibility to you related to any Service Provider Services or claims that you may have against Service Providers.
BoomTown is a service provider to the real estate and financial services industries but is not acting as a broker or real estate agent. While information about sales or leases of property may be found on the BoomTown Website, no sales or leases of property may be conducted on the BoomTown Website. Any information about any property contained on the BoomTown Website is not and shall not be deemed to be an offer to sell, purchase, or lease property of any kind.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the BoomTown Website so long as the link does not portray BoomTown, its affiliates, BoomTown’s customers and their affiliates, or our or their products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any BoomTown logo or other proprietary graphic or trademark as part of the link, without prior written permission from BoomTown.
When you are using the BoomTown Website, information that you submit will be transmitted via the Internet and such transmission is beyond our control. We assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the BoomTown Website.
If you use the BoomTown Website, you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for keeping the email address associated with that account current. You agree to accept responsibility for all activities that occur under your account or password until you notify us of a breach by emailing us at legal@BoomTownROI.com, close down your account or prove that your account security was compromised due to a fault with our systems. In addition to being fully responsible for your account and password, you agree to provide accurate, current and complete information about you while registering with the BoomTown Website and providing any information about you. You also agree to maintain and update this information and any other information you provide to BoomTown as it may change.
You are solely responsible for Your Content that is uploaded, published or displayed on or through the BoomTown Website, or transmitted to or shared with other users.
BoomTown may include various forums, blogs, discussion areas, comment sections, and chat rooms where you can post your observations and comments on designated topics. BoomTown cannot guarantee that other members will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the BoomTown Website. BoomTown is not responsible for a User's misuse or misappropriation of any content or information you post in any forums, blogs, discussion areas, and comment sections of the BoomTown Website. Furthermore, you should not, under any circumstances, disclose any information that could directly or indirectly lead to the identification of any other individual, and you should only disclose the information necessary or prudent to facilitate helpful discussion.
In addition to the restrictions set forth above, you agree that Your Content (1) shall not infringe or violate the rights of any third party, including but not limited to, copyright, patent, trademark, other intellectual property rights, trade secret, privacy, contractual, and publicity rights of others; (2) shall not be obscene, indecent, pornographic, false, deceptive, misinformative, inaccurate, misleading, defamatory, discriminatory, threatening, harassing, profane, vulgar, offensive, harmful to minors, or otherwise objectionable, (3) shall not be hateful, threatening or unlawful, and (4) shall not be designed to target children under the age of 13. You warrant and agree (A) that you have all rights necessary to provide Your Content to BoomTown and for the uses set forth on the BoomTown Website; and (B) the BoomTown Website and will not be used by You in violation of these terms of use, for any illicit, illegal, or tortious purposes, to interfere with or disrupt other users, services or equipment, in violation of the Fair Housing Act and any similar state legislation, or in violation with any other law. Furthermore, you may not post, transmit or share on or via the BoomTown Website Content that you did not create or that you do not have the permission to post. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content.
By posting Your Content, you automatically grant, and represent and warrant that you have the right to grant, to BoomTown an irrevocable, royalty-free, perpetual, non-exclusive, unrestricted worldwide license to use, copy, publish, sublicense, adapt, transmit and display Your Content for any reason or to sublicense third parties to exercise any of the foregoing rights. Without limiting the foregoing, you acknowledge that certain Content, such as listing information, may be placed or advertised on the web pages of third parties and other customers of BoomTown, and you consent to such uses.
BoomTown does not assert any ownership over Your Content; rather, as between us and you, subject to the rights granted to us in these terms of use, you retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content. Users of the BoomTown Website specifically acknowledge and agree that BoomTown is not liable for postings by any third parties that are in violation of these Terms of Use.
BoomTown has no obligation, but reserves the right, to monitor any submissions to the BoomTown Website, to record any such submissions, to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove (without notice) any submitted information or materials, in whole or in part, that, in BoomTown's sole discretion, are objectionable, in violation of the law, or in violation of these terms of use.
You are solely responsible for your interactions with other Users and Service Providers. We reserve the right, but have no obligation, to monitor disputes among you and other Users and Service Providers.
BoomTown is not responsible or liable in any manner for Your Content or Third Party Content posted on the BoomTown Website, whether posted or caused by Users of the BoomTown Website, by BoomTown, by Service Providers, by third parties or by any of the equipment or programming associated with or utilized in association with the BoomTown Website. Although we provide rules for user conduct and postings, we do not control and are not responsible for what Users or Service Providers post, transmit or share on the BoomTown Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the BoomTown Website or in connection with Your Content or third party applications, software or content. BoomTown is not responsible for the conduct, whether online or offline, of any User or Service Provider of the BoomTown Website.
The BoomTown Website may be temporarily unavailable from time to time for maintenance or other reasons. We assume 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, your communications or use of the BoomTown Website. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to your or to any other person’s computer related to or resulting from participating or downloading materials in connection with the BoomTown Website. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyone’s use of the BoomTown Website or Content, posted on or through the BoomTown Website or transmitted to Users or Service Providers, or any interactions among Users or Service Providers, whether online or offline. In no event shall BoomTown be liable to you or anyone else for any decision, action or inaction taken by you or any other person in reliance on information available on the BoomTown Website.
WITHOUT LIMITING THE FOREGOING, THE BOOMTOWN WEBSITE AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND OUR EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS, LICENSORS, SUPPLIERS, CONSULTANTS, ADVISORS, DIRECTORS, MANAGERS, SHAREHOLDERS, AND MEMBERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS OR TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE, OR OTHERWISE OF THE BOOMTOWN WEBSITE; (2) ANY WARRANTY THAT THE BOOMTOWN WEBSITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE AND (3) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES AND QUIET ENJOYMENT.
BoomTown reserves the right to change any and all Content and any services and applications offered through the BoomTown Website at any time without notice. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by BoomTown.
We make no representations that the materials contained within the BoomTown Website are appropriate for locations outside the United States. If you use the BoomTown Website from other locations, you are responsible for compliance with any and all applicable local laws including but not limited to the export and import regulations of other countries.
YOUR USE OF THE BOOMTOWN WEBSITE IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, NOTHING ON THE BOOMTOWN WEBSITE SHALL BE DEEMED TO CREATE ANY CONTRACT BETWEEN US AND YOU OR TO GIVE YOU ANY RIGHTS AGAINST US FOR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BOOMTOWN WEBSITE OR ANY OF THEIR AFFILIATES, MANAGERS, MEMBERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING ATTORNEYS' FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (1) THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THE BOOMTOWN WEBSITE OR (2) THROUGH YOUR USE OR DOWNLOADING OF ANY CONTENT FROM THE BOOMTOWN WEBSITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. IF YOU ARE DISSATISFIED WITH ANY MATERIALS OR INFORMATION PROVIDED ON THE BOOMTOWN WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BOOMTOWN WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOOMTOWN'S LIABILITY 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 BOOMTOWN FOR THE SERVICE DURING THE TERM OF SUBSCRIPTION, IF ANY, BUT IN NO CASE WILL BOOMTOWN'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO BOOMTOWN FOR THE BOOMTOWN 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 BOOMTOWN, REGARDLESS OF THE CAUSE OF ACTION.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Accordingly, some of the above limitations or exclusions may not apply to you. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
BoomTown reserves the right to seek all remedies available at law and in equity for violations of these terms of use, including suspending or blocking your access to the BoomTown Website.
You may terminate your agreement to the Terms of Use, for any or no reason, at any time, by no longer accessing the Broker Website.
If, as a result of any monitoring of the BoomTown Website or otherwise, we determine, in our sole discretion, that you have not complied with these terms of use, we have the right to immediately terminate your access to the BoomTown Website and to delete any information you have submitted. BoomTown may terminate your registration, delete your profile and Your Content or information you have posted on the BoomTown Website, and block your access to the BoomTown Website for any or no reason, at any time, in its sole discretion, with or without notice, which shall be effective immediately. These rights are in addition to any claims that BoomTown may have against you under these Terms of Use, any Broker Contract, at law, in equity, or otherwise.
BoomTown has adopted a policy of terminating, in appropriate circumstances, and in its sole discretion, accounts of Users who are deemed to be repeat copyright infringers under the United States Copyright Act. BoomTown may also, in its sole discretion, limit access to the BoomTown Website or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The terms of these terms of use shall survive any termination.
These Terms of Use shall be governed by the law of the State of South Carolina, USA, excluding its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to the BoomTown Website, the Terms of Use and/or the privacy policy shall be filed exclusively in the state or federal courts located in Charleston County, South Carolina, and you hereby consent and submit to the personal jurisdiction of such courts.
The BoomTown Website is governed by and operated in accordance with the laws of the United State of America and is intended for enjoyment of residents of the United States. We make no representation that the BoomTown Services or Third Party Services are governed by or operated in accordance with the laws of other nations. By using the BoomTown Website and submitting personal information to the BoomTown Website, visitors from outside the United States acknowledge that the BoomTown Website is subject to United States law, consent to the transfer of personal data to the United States, and waive any claims that may arise under their own national laws.
BoomTown respects the intellectual property of others. If you believe that any material on the BoomTown Website infringes upon any copyright which you own or control, please send a written notification of such claim to:
BoomTown, LLC
Attn: Copyright Agent
75 Fifth Street, NW
Suite 730
Atlanta, GA 30308
You agree to indemnify and hold BoomTown and each of its employees, officers, agents, contractors, licensors, suppliers, consultants, advisors, directors, managers, shareholders and members harmless from and against any loss, liability, claim, demand, damages, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, the “Claims”), arising out of or in connection with your use of the BoomTown Website, your conduct in connection with the BoomTown Website, or any violation of the terms of use or of any law or the rights of any third party, including Claims arising out of any User's submission of personally identifiable information.
We reserve the right, at our sole discretion, to update or revise these Terms of Use at any time without further notice. If we update or revise these Terms of Use, we will post the updated Terms of Use at this location and will indicate at the bottom of this page the date the Terms of Use were last updated. Any changes shall be effective immediately upon posting on the BoomTown Website. Your continued use of the BoomTown Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. It is your responsibility to regularly check the Terms of Use for changes and to review those changes.
These Terms of Use constitute the entire agreement between you and BoomTown regarding the use of the BoomTown Website, superseding any prior agreements between you and BoomTown relating to your use of the BoomTown Website, except that any existing Broker Contract shall remain in full force and effect. The failure of BoomTown to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
If any part of these terms of use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If you have entered into a Broker Contract with BoomTown, the terms and conditions of the Broker Contract shall override any inconsistent provisions of these Terms of Use. Notwithstanding anything in these Terms of Use to the contrary, the Broker Contract shall survive your agreement to these Terms of Use and any modifications to these Terms of Use.
If you have any questions regarding these Terms of Use or information provided on the BoomTown Website, please contact:
BoomTown, LLC
Attn: Legal Department
635 Rutledge Ave, Suite 105
Charleston, SC 29403
843.300.3300
legal@boomtownroi.com
These terms of use are effective as of September 30, 2011.