- Acceptance of Agreement. Each time you access this Site, you confirm your agreement to abide by this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements or representations with respect to this Site. This Agreement may be amended at any time from time to time by us without specific notice to you.
- Hours of Access. At certain times, this Site may not be available due to system maintenance, technical difficulties or for any other reason.
- Intellectual Property Rights. You hereby acknowledge and agree that www.brovance.com exclusively owns or has rights to all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other matters included within this Site, to all modifications and derivative works thereof, and to all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto (collectively “Materials”). Except as expressly provided herein, the copying, redistribution, use or publication by you of any of the Materials is strictly prohibited. You do not acquire any ownership rights to any of the Materials.
- Trademarks. You hereby acknowledge and agree that By Referral Only, Inc., Ask A Coach, By Referral Only Community, www.byreferralonly.com and its logo, By Referral Only University, Real Estate Marketing University, Real Estate Consultant for Life and other www.byreferralonly.com marks used in connection with this Site are either trademarks or service marks of www.byreferralonly.com and shall remain the exclusive property of www.byreferralonly.com. Other product and company names mentioned on this Site may be trademarks of their respective owners.
- Editing, Deleting and Modification. We reserve the right in our sole discretion to add, edit or delete any documents, information or other content appearing on this Site.
- DMCA Notification Agent. In accordance with the Digital Millennium Copyright Act (“DMCA”), Pub. L. 105-304, www.brovance.com has designated an agent to receive notification of claimed copyright infringement. If you believe that your copyrighted work is being infringed on Site, please notify our designated agent:
By Referral Only, Inc.
Contents of Notice
- The DMCA requires that all notices of alleged copyright infringement be in writing. For www.byreferralonly.com to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing www.brovance.com of an alleged copyright infringement, you should:
- Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on the Site are involved, please provide a representative list of such works on the Site.
- Describe the material that is claimed to be infringing and provide sufficient information to permit www.brovance.com to locate that material.
- Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
- Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
- Certify that the information that you have provided www.brovance.com is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
- Include your physical or electronic signature.
- Indemnity. You agree to indemnify, defend and hold harmless www.brovance.com, its officers, directors, shareholders, employees, partners, equipment and service suppliers, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns (collectively “Affiliated Parties”) from all liabilities, losses, damages, claims and expenses, including reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of this Agreement, (b) your use of this Site, (c) any transactions or other activities you engage in with any third party service or equipment providers, third party merchant sites or other third parties who you access by or through this Site (collectively “Merchants”), (d) your infringement or violation of the intellectual property or other rights of third parties, and/or (e) your negligence or willful misconduct. In the event you fail to promptly indemnify and defend such claims and/or pay www.brovance.com’s expenses, as provided above, www.byreferralonly.com shall have the right to defend itself and, in that case, you shall reimburse www.brovance.com for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of www.byreferralonly.com’s written requests.
- No Warranty. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE). YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WWW.BROVANCE.COM AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION OR SERVICE ACCESSED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WWW.BROVANCE.COM OR ITS AFFILIATED PARTIES THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.
- Limitations. YOU AGREE THAT NEITHER WWW.BROVANCE.COM NOR ITS AFFILIATED PARTIES SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY THE EQUIPMENT, SOFTWARE, THIS SITE, BY INTERNET BROWSER PROVIDERS SUCH AS NETSCAPE OR MICROSOFT, BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR SUBCONTRACTOR OF THE FOREGOING. WWW.BROVANCE.COM AND ITS AFFILIATED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR UNDER ANY THEORY OF LIABILITY, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, THE BREACH THEREOF, THE USE OF THE SITE, THE USE OF OUR EDUCATIONAL MATERIALS OR EDUCATIONAL PROGRAMS, THE INSTALLATION, DOWNLOAD, USE, OR MAINTENANCE OF EQUIPMENT OR SOFTWARE USED IN CONNECTION WITH THIS SITE, INTERNET BROWSERS OR ACCESS SOFTWARE, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM THE USE OF THIS SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. YOU FURTHER AGREE THAT EACH AND EVERY PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS EXPRESSLY INTENDED TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISIONS SINCE THESE PROVISIONS REPRESENT SEPARATE ELEMENTS OF RISK ALLOCATION BETWEEN THE PARTIES AND SHALL BE SEPARATELY ENFORCED. THIS SITE, THE SERVICE AND THE INFORMATION PROVIDED HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT SHALL WWW.BYREFERRALONLY.COM’S LIABILITY TO YOU EXCEED THE AMOUNT OF FEES PAID BY YOU TO WWW.BYREFERRALONLY.COM FOR USE OF OUR SITE AND/OR SERVICES
- Legal and Professional Advice: All of our educational materials, educational programs, and any content provided through our Site are provided solely for educational purposes. By Referral Only Inc. is a provider of “educational materials”. We do not provide “legal” or “professional” advice through our educational materials, programs, or Site.
- Merchants. We may allow access to or advertise for Merchants from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, product performance and warranties, billing and customer service. We are not a party to the transactions entered into between you and any Merchants. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to any Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. You agree that your use of such Merchants is AT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THIS SITE OR ACCESSED THROUGH THE SITE.
- Links to Other Web Sites. This Site may contain links to other sites. We are not responsible for the content, accuracy or opinions expressed in such sites, and such sites are not investigated, monitored or checked for accuracy or completeness by us, nor do we maintain any editorial or other control over such sites. Any hyperlink on our Site does not imply approval or endorsement of the linked site by us.
- Miscellaneous. This Site (excluding linked sites) is controlled by www.byreferralonly.com from its offices in the State of California, United States of America. Both parties agree that this Agreement shall be deemed executed and performed by both parties in San Diego, California. This Agreement shall be interpreted and enforced according to the substantive laws of the State of California, without application of its conflicts or choice of law rules. Both you and www.byreferralonly.com irrevocably submit to the jurisdiction of the state and/or federal courts located in San Diego, California, for any action or proceeding regarding this Agreement, and waive any right to object to the jurisdiction or venue of the courts in San Diego County, California.
Any cause of action by you with respect to this Site and/or any information, products or services related thereto, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce that or any other provision of this Agreement.
- Taxes. You may be required to report as taxable income the value of any prizes received by you. To collect a prize, you may be required to provide a valid Social Security or other tax identification number and any other information reasonably required by By Referral Only, Inc. By Referral Only, Inc. and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.
- Attorneys’ Fees. In the event a dispute arises regarding this Agreement or the use of this Site, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.