TERMS
AND
CONDITIONS
IF YOU DO NOT AGREE WITH THESE TERMS,
DO NOT USE THIS
WEB
SITE.
Welcome to LIFESTYLES REALTY, INC's LifestylesQuest web site (the "Web
Site"). The goal of this Web Site is to provide you with access to the most comprehensive
network of residential real estate products/services and related links to meet your
needs (the “Content”). Please read our Terms of Use (the "Terms") carefully before
continuing on with your use of this Web Site. These Terms shall govern the use of
the Web Site and apply to all Internet traffic visiting the Web Site. By accessing
or using this Web Site, you agree to the Terms. The Terms are meant to protect all
of our Web Site visitors and your use of this Web Site signifies your agreement
with these Terms.
LIFESTYLES REALTY, INC/LifestylesQuest
(“We”, “Us”, “Our”) reserves the right, in its sole discretion, to modify, alter
or otherwise update these Terms at any time. Such modifications shall be effective
immediately upon posting. By using this Web Site after we have posted notice of
such modifications, alterations or updates you agree to be bound by such revised
Terms.
In accordance with our goals, this Web Site will
permit you to link to many other web sites, that may or may not be affiliated with
this Web Site and/or LIFESTYLES REALTY, INC/LifestylesQuest,
and that may have terms of use that differ from, or contain terms in addition to,
the terms specified here. Your access to such web sites through links provided on
this Web Site is governed by the terms of use and policies of those sites, not this
Web Site.
PRIVACY
Registration
on this Web Site data and certain other information about you is subject
to our Privacy Policy. For more information,
please review our full Privacy Policy.
TRADEMARKS, COPYRIGHTS
AND
RESTRICTIONS
This Web Site is controlled and operated by
LIFESTYLES REALTY, INC/LifestylesQuest,
11200 WESTHEIMER,
SUITE 1000
,
HOUSTON, TEXAS 77042
, telephone (713) 782-0018. All content on this Web Site, including, but not limited
to text, images, illustrations, audio clips, and video clips, is protected by copyrights,
trademarks, service marks, and/or other intellectual property rights (which are
governed by U.S. and worldwide copyright laws and treaty provisions, privacy and
publicity laws, and communication regulations and statutes), and are owned and controlled
by LIFESTYLES REALTY, INC/LifestylesQuest
or its affiliates, or by third party content providers, merchants, sponsors and
licensors (collectively "Providers") that have licensed their content or the right
to market their products and/or services to LIFESTYLES REALTY, INC/LifestylesQuest. Content on this Web Site or any web site
owned, operated, licensed or controlled by the Providers is solely for your personal,
non-commercial use. You may print a copy of the Content and/or information contained
herein, using the print function only, for
your personal, non-commercial use only, but you may not copy, reproduce, republish,
upload, post, transmit, distribute, and/or exploit the Content or information in
any way (including by e-mail or other electronic means) for commercial use without
the prior written consent of LIFESTYLES REALTY, INC/LifestylesQuest
or the Providers. You may request consent by faxing a request to LIFESTYLES REALTY,
INC/LifestylesQuest at 713-782-0161. Without the prior written consent
of LIFESTYLES REALTY, INC/LifestylesQuest
or the Providers, your modification of the Content, use of the Content on any other
web site or networked computer environment, or use of the Content for any purpose
other than personal, non-commercial use, violates the rights of the owners of LIFESTYLES
REALTY, INC/ LifestylesQuest and/or
the Provider copyrights, trademarks or service marks and other proprietary rights,
and is prohibited. As a condition to your use of this Web Site, you warrant to LIFESTYLES
REALTY, INC/ LifestylesQuest that
you will not use our Web Site for any purpose that is unlawful or prohibited by
these Terms, including without limitation the posting or transmitting any threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material, nor in violation of the Acceptable Use Policy of the Web Site hosting
service provider, which can be accessed at CrystalTech Web Hosting Inc. If
you violate any of these Terms, your permission to use our Web Site immediately
terminates without the necessity of any notice. LIFESTYLES REALTY, INC/LifestylesQuest
retains the right to deny access to anyone at its discretion for any reason, including
for violation of these Terms. You may not use on your web site any trademarks, service
marks or copyrighted materials appearing on this Web Site, including but not limited
to any logos or characters, without the express written consent of the owner of
the mark or copyright. You may not frame or otherwise incorporate into another web
site any of the Content or other materials on this Web Site without prior written
consent of LIFESTYLES REALTY, INC/LifestylesQuest.
PROHIBITED ACTIVITIES
You are specifically prohibited from any use of
this Web Site, and You agree not to use or permit others to use this Web Site, to:
(a) take any action that imposes an unreasonable or disproportionately large load
on the Web Site's infrastructure, including but not limited to "spam" or other such
unsolicited mass e-mailing techniques; (b) disclose or share the assigned confirmation
numbers and/or passwords with any unauthorized third parties or use the assigned
confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt
to decipher, decompile, disassemble or reverse engineer any of the software or HTML
code comprising or in any way making up a part of this Web Site; (d) upload, post,
email or otherwise transmit any information, Content, or proprietary rights that
You do not have a right to transmit under any law or under contractual or fiduciary
relationships; (e) violate any applicable local, state, national or international
law, including, but not limited to, any regulations having the force of law; or
(f) use any robot, spider, intelligent agent, other automatic device, or manual
process to search, monitor or copy our Web pages, or the Content without our prior
written permission, provided that generally available third party Web browser such
as Netscape Navigator® and Microsoft Internet Explorer® may be used without such
permission.
LINKS
This Web Site may contain links to other web sites
("Linked Sites"). The Linked Sites are provided for your convenience and information
only and, as such, you access them at your own risk. The content of any Linked Sites
is not under LIFESTYLES REALTY, INC/LifestylesQuest’s
control, and LIFESTYLES REALTY, INC/ LifestylesQuest
is not responsible for, and does not endorse, such content, whether or not LIFESTYLES
REALTY, INC/LifestylesQuest is affiliated
with the owners of such Linked Sites. You may not establish a hyperlink to this
Web Site or provide any links that state or imply any sponsorship or endorsement
of your web site by LIFESTYLES REALTY, INC/LifestylesQuest
or its affiliates or Providers.
DISCLAIMER OF WARRANTIES
AND
LIABILITY
ALL
CONTENT ON THIS
WEB
SITE IS PROVIDED "AS IS"
AND
WITHOUT WARRANTIES OF ANY
KIND
EITHER EXPRESS OR IMPLIED. OTHER
THAN
THOSE WARRANTIES WHICH, UNDER THE U.S.
LAWS
APPLICABLE TO THESE TERMS,
ARE
IMPLIED BY LAW
AND
ARE
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, LIFESTYLES REALTY, INC/LifestylesQuest DISCLAIMS ANY
AND
ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY
AND
FITNESS FOR A PARTICULAR PURPOSE. NEITHER LIFESTYLES REALTY, INC/LifestylesQuest,
ITS AFFILIATED OR RELATED ENTITIES,
NOR
THE PROVIDERS,
NOR
ANY PERSON INVOLVED IN THE CREATION, PRODUCTION,
AND
DISTRIBUTION OF THIS
WEB
SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS
WEB
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS
WEB
SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE
AND
INFORMATION ONLY. LIFESTYLES REALTY, INC/ LifestylesQuest
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT
MAY
BE OBTAINED FROM THE USE OF THIS
WEB
SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT,
SERVICE
AND
/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS
WEB
SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS
WEB
SITE IS AT YOUR SOLE RISK. YOU (AND
NOT LIFESTYLES REALTY, INC/LifestylesQuest)
ASSUME THE ENTIRE
COST
OF
ALL
NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT
NEITHER LIFESTYLES REALTY, INC/LifestylesQuest,
NOR
ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS
AND
ITS
WEB
HOSTING SERVICE PROVIDERS,
AND
THEIR SUPPLIERS),
NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS,
NOR
ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING,
AND
/OR OPERATION OF THIS
WEB
SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS,
DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY
OR OTHER CAUSE OF ANY
KIND
OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF
THIS
WEB
SITE OR ANY OTHER LINKED SITE (INCLUDING, WITHOUT LIMITATION, USE OF OR ACCESS TO
ANY RELATED SOFTWARE OR HARDWARE). BY WAY OF EXAMPLE,
AND
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIFESTYLES REALTY, INC/LifestylesQuest
AND
RELATED PERSONS
AND
ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION
OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF
DATA
, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS
WEB
SITE. YOU EXPRESSLY ACKNOWLEDGE
AND
AGREE THAT LIFESTYLES REALTY, INC/LifestylesQuest
IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS
MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES. IN SUCH JURISDICTIONS, LIFESTYLES REALTY, INC/LifestylesQuest's LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless
LIFESTYLES REALTY, INC/LifestylesQuest,
the Providers, and Web Site hosting service providers, and its and their officers,
directors, employees, affiliates, agents, licensors, and suppliers from and against
all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation by you of these Terms
THIRD PARTY RIGHTS
These Terms are for the benefit of LIFESTYLES
REALTY, INC/LifestylesQuest, its Providers,
and Web Site hosting service providers, and its and their officers, directors, employees,
affiliates, agents, licensors, and suppliers. Each of these individuals or entities
shall have the right to assert and enforce these Terms directly against you on its/their
own behalf.
JURISDICTIONAL ISSUES
Unless otherwise specified, the Content contained
in this Web Site is presented solely for your convenience and/or information. This
Web Site is controlled and operated by LIFESTYLES REALTY, INC/LifestylesQuest
from its offices in
Houston, Texas
. LIFESTYLES REALTY, INC/LifestylesQuest
makes no representation that Content in its Web Site is appropriate or available
for use in other locations. Those who choose to access this Web Site from other
locations do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. You may not use or export
the materials in this Web Site in violation of
U.S.
export laws and regulations. These Terms shall be governed by, construed and enforced
in accordance with the laws of the State of
Texas
, as they are applied to agreements entered into and to be performed entirely within
such State. Any action you, any third party or LIFESTYLES REALTY, INC/LifestylesQuest
brings to enforce these Terms, or in connection with any matters related to this
Web Site, shall be brought only in either the state or Federal courts located in
and for Harris PropertyCounty, Texas and you expressly consent to the jurisdiction of said
courts. If any provision of these Terms shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and
shall not affect the validity and enforceability of any remaining provisions.
PERSONAL INFORMATION
If you have an on-line account with us, you are
fully responsible for maintaining the confidentiality of your password and account
username and for all activities that occur under your password and/or account username.
You agree to: (i) keep your account username and password confidential and not share
them with anyone else, and (ii) immediately notify us of any unauthorized use of
your password and/or account username or other breach of security. Failure to notify
us of any misuse or abuse of account or account password will be grounds for termination
of all rights to use of this site.
REFUND AND CANCELLATION
POLICY
Use of Lifestyles Quest is based on a monthly
subscription fee basis. There will be no refunds after the member purchases a subscription
and logs onto the system and initiates either/and/or a comparable
search, a rent comparable search or a community trend analysis. If a member decides to cancel, a 30 day notice is
required. Neither the setup fee nor the first month’s subscription fee is
refundable under any circumstances. If a member never logs
on, as evidenced by log-on tracking, a refund of a subsequent monthly subscription fee may be approved, if cancellation
is requested in writing within 72 hours of initial sign up. If a member later purchases
a monthly subscription after an earlier cancellation, a new setup fee is required.
Setup fees are not transferable nor refundable.
Please note: Non-payment does not constitute cancellation.
All cancellation notices must be made in writing
and sent to:
Lifestyles Realty, Inc.
Re: Lifestyles Quest
11200 Westheimer #1000
Houston, TX 77042
Or via fax:
Re: Lifestyles Quest
Fax: 713-782-0161
Or via email:
Re: Lifestyles Quest
quest@luinc.com
ENTIRE AGREEMENT
The provisions and conditions of these Terms,
and each obligation referenced herein, represent the entire Agreement between LIFESTYLES
REALTY, INC/LifestylesQuest, its
affiliated or related entities, and you, and supersede any prior agreements or understandings
not incorporated herein. In the event that any inconsistencies exist between these
Terms and any future published terms of use or understanding, the last published
Terms or terms of use or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN
ARE
RESERVED BY LIFESTYLES REALTY, INC/LifestylesQuest.