TERMS AND CONDITIONS

Prohibited Activity

You agree not to use the Services for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another.

You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing" or unsolicited mass distribution of email. Despite these prohibitions, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.

Without assuming any obligation to do so, we may delete any Content or suspend any account associated with it, that we have reasonable grounds to believe violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person.

Inactive User Accounts Policy

We reserve the right to disable or deactivate unpaid User accounts that are inactive for more than 90 days. In the event of such termination, all data associated with such User account may be deleted. We will provide you prior notice of such termination by email.

Service Communications

By providing us your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or our offers. If you do not want to receive certain email messages, you may opt out by contacting our office. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications. We reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.

Privacy Protection

We care about your privacy. Click here to view our Privacy Policy. Your information may be stored and processed in any country in which Real Estate Sales Champions, owned by Narelle Stratford, and its service providers maintain facilities, including outside of Australia. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, we reserve the right to transfer information outside of your country. By using the Services, you consent to any such transfer of information outside of your country.

Third Party Links and Interactions

You release Narelle Stratford, Live Life 2 The Max!, Real Estate Sales Champions, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. Additionally, Real Estate Sales Champions  users or third parties may provide hyperlinks on the Site or Services, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Site or Services imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Narelle Stratford expressly disclaims responsibility for the accuracy, quality, legality, nature, availability, profitability or reliability of Third Party Sites linked to by or through the Site or Services.

Copyright Protection

In the course of using any of the Services, if you come across any Content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be.  By making any copyrighted/copyrightable Content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such Content to make such Content available in such manner. Further, by making any Content available in the manner aforementioned, you expressly agree that Narelle Stratford will have the right to block access to or remove such Content made available by you, if Real Estate Sales Champions or Narelle Stratford receives complaints concerning any illegality or infringement of third party rights in such Content. By using any of the Services and transmitting or publishing any Content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such Content by the agent designated by Narelle Stratford for this purpose.

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on the Services infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content;
• your address, telephone number, and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please use the Contact Form to provide information in this regard.

Real Estate Sales Champions Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. You further acknowledge and agree that Real Estate Sales Champions retains ownership and control over the "look and feel" and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in this Agreement.

Real Estate Sales Champions trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the Services are the trademarks, service marks or trade dress of Real Estate Sales Champions and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Real Estate Sales Champions.

Disclaimer of Warranties

Real Estate Sales Champions does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, (v) any errors in the Services will be corrected and (vi) that your business will succeed through the application of the information provided herein.

Limitation of Liability

You expressly understand and agree that Real Estate Sales Champions shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Real Estate Sales Champions has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services. Your sole and exclusive remedy for any dispute with Real Estate Sales Champions related to any of the Services shall be termination of such Service. In no event shall Real Estate Sales Champions’s entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such Service in the previous twelve (12) months.

Indemnification

You agree to indemnify, defend, and hold harmless Real Estate Sales Champions, its subsidiaries, and affiliates, and their respective officers, agents, co-branders or other partners, employees, and third party service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to

• any Content you submit, post, transmit, or make available through the Site or Services;
• your use, misuse or lack of use, of the Services;
• your connection to the Services;
• your breach or alleged breach of this Agreement; or
• your violation of any rights (including intellectual property rights) of a third party.

Changes to Services

We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Amendments

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.RealEstateSalesChampions.com or elsewhere on the Site. The revised version will be effective at the time we post it. Your continued use of the Services after posting of the changes constitutes your binding acceptance of such changes.

Term and Termination

You may terminate your account and end your use of the Services at any time and for any or no reason. Real Estate Sales Champions has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services, (ii) remove and discard any Content within any account or anywhere on the Site or (iii) shut down an account, with or without notice, and with no liability of any kind to you.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law. Upon deactivating your account, this Agreement terminates and your access rights to the Site and any Services immediately cease to exist. Real Estate Sales Champions’s rights survive the termination of this Agreement.

Law and Arbitration

This Agreement shall be governed by the laws of the State of Queensland without giving effect to any principles that may provide the application of the law of another jurisdiction. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable.  Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

General

The failure of Real Estate Sales Champions to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Real Estate Sales Champions may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. This Agreement constitutes the entire agreement between you and Real Estate Sales Champions and governs your use of the Services, superseding any prior agreements (whether written or oral) between you and Real Estate Sales Champions regarding the subject matter hereof. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations. Questions about this Terms of Service shall be submitted by the Contact Form.