TERMS OF USE

LAMCOnetwork.com

Revised November 6, 2009

LAMCOnetwork.com ("Site") is owned and operated by Lenders Asset Management Corporation ("LAMCO," "we," "our" or "us"). 

Your Consent to These Terms of Use

Your use of this Site is subject to these Terms of Use ("Terms of Use").  By using or accessing any portion of this Site, you are agreeing to be bound by these Terms of Use.  If you do not agree to these Terms of Use, you may not use this Site.

Changes to These Terms of Use

As we add new features and functionality to this Site, we may need to update or revise these Terms of Use.  We reserve the right to do so, at any time and without prior notice, by posting the revised version on this Site.  These changes will be effective as of the date we post the revised version on this Site.  By accessing or using this Site following any such change, you are agreeing to be bound by the revised Terms of Use.  For this reason, it is important for you to review our Terms of Use on a regular basis.

You may view or print the current version of these Terms of Use at any time by clicking on the link marked "Terms" at the bottom of each page of this Site.  For your convenience, we will post a notice at the top of these Terms of Use for thirty days after we revise these Terms of Use to alert you that we have made changes.

Our Online Privacy Policy

Our online Privacy Policy ("Privacy Policy") describes how we protect your personal information when you use this Site.  Our Privacy Policy is part of and is incorporated into these Terms of Use.  You may view or print the current version of our Privacy Policy at any time by clicking on the link marked "Privacy" at the bottom of each page of this Site.

Other Agreements

When you sign up to use a special feature or password-protected area on this Site, you may be asked to agree to special terms governing your use of the special feature or password-protected area.  In such cases, you will be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked "I agree."  This type of agreement is known as a "click-through" agreement.  If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the "click-through agreement."

Ownership of Site and Content

Subject to the limited express rights granted in these Terms of Use, all software and other code that comprises and operates this Site, and all of the text, photographs, images, illustrations, graphics, designs, audio, video and audio-video clips, and other materials provided through this Site (collectively, "Content") are owned or licensed for use by LAMCO only. This Site and its Content are protected under U.S. and international  trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws and treaties. In addition, the entire Content of this Site is protected as a compilation under U.S. copyright laws and LAMCO owns the copyright in the compilation of the Content of this Site.  You may not, and you may not permit others, to use, copy, modify, distribute, or publicly display or perform the Content or this Site unless otherwise agreed to by LAMCO in writing.

We hereby grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access (through a generally available Web browser), view, download, print, and use selected portions of the Site, as we intend the Site to be used. You may not collect contact information published on this Site through address harvesting and/or dictionary attacks, as those terms are defined in the CAN-SPAM Act at 15 U.S.C. 7704(b)(1)(A)(i)-(ii), and you may not generate revenue through the sale to others of contact information published on this Site. You may not use the Content on this site to compete with LAMCO. You may not remove, modify or obscure any copyright, trademark, or other proprietary notices in using the information on this Site.  Nothing in these Terms of Use shall be construed as transferring any right, title or interest in this Site or its Content to you or anyone else, except the limited license to use this Site and its Content on the terms expressly set forth herein.

Requests to reproduce or use Content from this Site must be submitted to support@LAMCOnetwork.com.

Trademarks

This Site contains registered and unregistered trademarks of LAMCO and third parties ("Trademarks"). The absence of a trademark designation on any Trademark does not constitute a waiver of LAMCO'S rights concerning that Trademark or any other intellectual property rights.  You may not use any Trademarks displayed on this Site without our or the trademark owners' (as appropriate) prior written permission. 

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding this Site, including your ideas for new features and other ways that we can make this Site more useful to you (collectively, "Feedback").  Note, however, that any Feedback you provide to us through this Site will be owned exclusively by LAMCO.  Your submission of Feedback will constitute an assignment to us of all right, title and interest in your Feedback, including all worldwide copyrights and all other intellectual property rights in your Feedback.  We will have the right to reduce to practice, use, copy, modify, distribute, display or perform publicly, and improve upon any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Service Eligibility

You represent and warrant that you (a) are not under the age of eighteen, (b) have not previously been suspended or removed from the Site, (c) are not a direct competitor of the Site or LAMCO, and (d) have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party.

Your Obligations

This Site may be accessed and browsed free of charge by any member of the public. Members of the real estate industry may wish to subscribe to the Site and post a profile for the purposes of (1) advertising their services to consumers and (2) developing, maintaining, and enhancing a network of professional contacts. Subscribers to the Site are hereafter referred to as "Site Members." Other Site users are hereafter referred to as "Site Visitors."

By becoming a Site Member and submitting information to us you are granting to us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free license to copy, modify, distribute, publicly display and perform, publish, remove, retain, use and commercialize that submission, without any further consent, notice and/or compensation to you or to any third parties.

By submitting any information to us, you represent and warrant that (1) you have the right to do so; (2) the submission is true, accurate, and complete; (3) the submission does not violate the copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity; and (4) you have read and understood and your submission fully complies with these Terms of use and applicable laws.

You may not post any material to or through this Site that:

·     violates any federal or state intellectual property laws, including a third-party's copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, or confidentiality rights;

·     violates the Fair Housing Act or any other local, state, national, or international law, including third-party contract rights and other rights;

·     is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; offensive; inappropriate; or inflammatory;

·     you know (or reasonably should know) is false, deceptive or misleading;

·     contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

·     contains any "sensitive" personally identifiable information, such social security numbers or national identifiers, credit card, bank account or other financial information, street addresses, phone numbers, email addresses (other than your own email address if you are a Site Member), birth dates, and information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, physical or mental health conditions, or other sensitive matters;

·     contains the image, name or likeness of anyone under the age of eighteen;

·     contains the image, name, or likeness of anyone other than yourself, unless that person is over eighteen and you have first obtained that individual's express permission;

·     links to materials or other content, directly or indirectly, to which you do not have a right to link or which violates these restrictions; or

·     encourages others to violate these Terms and Conditions;

You further agree to modify your profile as circumstances change so that the information on it remains true, accurate, and complete. If you fail to meet these obligations, LAMCO may permanently remove any profile you have created and terminate your right to access certain restricted areas of the Site, and it may do so without notice and without either full or partial refund of your subscription fee.

All Site Members must pay their non-refundable subscription fee at the time of enrollment. Payment may be made at the Site through the Authorize.Net Payment Gateway using one of the following accepted credit cards: American Express, Visa, MasterCard, Discover. All payments will be subject to standard credit card authorization methods and fees. Subscription fees are assessed on an annual basis in advance and are not refundable.  Existing Site Members must renew their subscriptions by paying new subscription fees prior to expiration of their subscriptions. Site Members who fail to submit payment prior to expiration of their subscriptions will be considered "On Hold/Delinquent." Their profiles will remain accessible to Site Visitors for twenty-five days after expiration of their subscriptions, during which time they may access their accounts and modify their profiles. However, unless payment is received, the Site Member's profile will be removed at the end of the twenty-five day period and the Site Member will no longer have access to their accounts.

Any unauthorized modification to, tampering with or change to any information, or any interference with the availability of or access to this Site is strictly prohibited.  We reserve all rights and remedies available to us including reporting any breach to the relevant law enforcement authorities and cooperating with those authorities by disclosing your identity to them.

REMOVAL OF CONTENT

A Site Member may remove his/her public profile from the Site at any time by accessing his/her account and selecting "cancel my account." This action will terminate the Site Member's subscription; however, subscription fees are not refundable. Former Site Members are free to re-subscribe to the Site, provided their memberships were not terminated for nonpayment or any other violation of these Terms of Use.

Any Site Visitor, including any Site Member, who would like us to remove any Content from this Site, should send a written request explaining why they would like to have their content removed to us by email at support@lamconetwork.com or by letter to Attn: "Web Site Requests" Lamco Network, 6588 W. Ottawa Avenue, Littleton, CO 80128.  While we do not have any obligation to remove Content merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with our Privacy Policy and applicable law.

If you are requesting removal of Content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe that your work has been copied and posted on this Site in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics); (4) your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; (5) 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; and (6) 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.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon LAMCO actual knowledge of facts or circumstances from which infringing material or acts are evident. LAMCO's copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: Brad Tri, Business Development Manager

Address: 6588 W. Ottawa Avenue, Littleton, CO 80128

Telephone: (877) 331-2664

Fax: (720) 496-2163; Attention: DMCA Notices

Email: support@lamconetwork.com

DISCLAIMER OF WARRANTIES

THE CONTENT ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. LAMCO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE AND THE CONTENT AND PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR PERFORMANCE.  LAMCO MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENT CONTAINED ON THIS SITE WILL BE TIMELY, COMPLETE, ACCURATE, ERROR-FREE OR RELIABLE OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.  

This site may provide links to other Internet sites.  LAMCO has not reviewed all the sites that may be linked and has no responsibility for the content of any other site,  LAMCO does not endorse and is not responsible, or liable for damages that may arise from the content of such sites or the use of any information you may submit to such sites.  Your use of such links is at your own risk.  LAMCO does not review, monitor or control the privacy practices of web sites operated by others that may be accessed through a link on this web site.  These links are provided as a convenience only.

The views and opinions reflected in the SITE MEMBER PROFILES ON this site are not necessarily shared by LAMCO AND LAMCO DOES NOT make any representation or warranties as to the reliability of INFORMATION OR REPRESENTATONS IN THOSE PROFILES. LAMCO exerciseS no control over any content THAT Site Members post to their profiles. LAMCO does not guArantee the services, CERTIFICATIONS, OR QUALIFICATIONS of its site members. NOR DOES IT GUARANTEE THE ACCURACY OF ANY CLAIM THEY MIGHT MAKE REGARDING MEMBERSHIP IN A TRADE ORGANIZATION OR THEIR RIGHT TO USE THE TRADEMARKS, SERVICE MARKS, AND LOGOS  OF THOSE ORGANIZATIONS.

THESE TERMS OF USE GOVERN ONLY THE USE OF THE SITE.  ANY USE OF SITE MEMBER SERVICES BY LAMCO OR ITS AFFILIATES WILL BE GOVERNED UNDER A SEPARATE WRITTEN AGREEMENT.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LAMCO, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, INCOME OR PROFITS, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS SITE OR FROM CONTENT, PRODUCTS, OR SERVICES PROVIDED ON THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LAMCO'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LAMCO (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED (1) THE SUBSCRIPTION FEE PAID BY ANY ADVERSE PARTY WHO IS A SITE MEMBER OR (2) $10.00 AS TO ANY ADVERSE PARTY WHO IS NOT A SITE MEMBER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT LAMCO COULD NOT PROVIDE THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE IF ITS LIABILITIES WERE NOT LIMITED AS PROVIDED HEREIN.

Indemnification

You agree to defend, indemnify and hold LAMCO, its officers, directors, agents, and/or employees harmless from and against any and all liabilities, claims and expenses, including attorneys' fees that arise from your use of this Site or the Content, including your violation of these Terms of Use.  LAMCO reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with LAMCO in asserting any available defenses.

Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) with or without notice.  You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site, except that Site Members are entitled to return of a pro rata portion of the subscription price in the event the Site is permanently deleted or discontinued.  Any of the material (including the Content) on this Site may be out of date at any given time, and we are under no obligation to update such material.

Links to this Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page.  We reserve the right to withdraw linking permission without notice.

Interpretation

As used in these Terms of Use, the term "including" means "including, but not limited to." Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right.  All waivers must be in writing and signed by an authorized representative of LAMCO.  Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of Use or of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Applicable Laws

This Site has been prepared for the United States market only. These Terms of Use and the use of this Site are governed by the laws of the State of Colorado without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Denver, Colorado. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement

These Terms of Use contain the entire understanding and agreement between you and us with respect to this Site (including the use of the Content) and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect to this Site.

fb.us.4521399.06