Prestige Reality TERMS OF USE

By proceeding with the transaction, you (the user) proactively and affirmatively acknowledge the responsibility to abide by all the rules and regulations of this website. This agreement is set forth by and between prestige realty and you (the user). All Internet website(s) owned or operated through prestige realty and its affiliates are subject to the terms and conditions listed in the given document. If you do not agree with the terms and conditions of this agreement, please do not access or use Prestige Realty. The website www.jayahlawat.com or www.trianglehomessites.com,  Prestige Realty, our, us, we are all one and the same in this contract and is part of Prestige Realty.

FREE Basic Package

Prestige realty offers a FREE basic package allowing you to place your ads on our website at no charge. You (user) are allowed 8 photo slideshow. These ads will remain active until 180 days or property sold whichever comes first. You (The User) are responsible to update the status of the listing as it changes.

Starter Package

With the purchase of a Starter package, you are allowed up to a 12 photo slideshow, your listing will be posted to other websites, and in addition your listing will be featured for 2 months. Prestige reality requires a onetime payment and your listing will remain active until 180 days or property sold whichever comes first. Under no circumstances will your credit card information be disclosed on Jay Realty website, and your credit card information will not be kept on file. Once a listing is created please allow up to 3-4 days for Prestige Realty to post to the other websites. The amount of photos, description layout, features, amenities, contact information, and any other information displayed of your property on Prestige reality is not the same as the other websites. Prestige reality will adhere to the specifications and guidelines of each website and provide as much information as possible that you have provided on our websites to these websites included in the package. All email inquiries received on any of these websites will be forwarded to the email address you (the user) have provided to prestige realty. Contact information will be limited to your name and phone number while listed on other websites. All sales are final, and are not subject to a refund regardless of the status of your listing.

Expert Package

With the purchase of an Expert package, you are allowed up to a 25 photo slideshow, your listing will be posted to other websites, and in addition your listing will be featured for 4 months. Jay Realty requires a onetime payment and your listing will remain active until 180 days or property sold whichever comes first. Under no circumstances will your credit card information be disclosed on Jay Realty website, and your credit card information will not be kept on file. Once a listing is created please allow up to 3-4 days for Jay Realty to post to other websites. The amount of photos, description layout, features, amenities, contact information, and any other information displayed of your property on Prestige Realty is not the same as the other websites. Prestige Realty will adhere to the specifications and guidelines of each website and provide as much information as possible that you have provided on our website to these websites. All email inquiries received on any of these websites will be forwarded to the email address you (the user) have provided to Jay Realty. Contact information will be limited to your name and phone number while listed on other websites. All sales are final, and are not subject to a refund regardless of the status of your listing.

Agent/Broker Package

With the purchase of a Agent/Broker Package, you are allowed unlimited photo slideshow, your listings will be posted to other websites, and in addition, all of your Agent/Broker Package listings will be featured for 6 months and onetime payment will be required as listed in the package. With the purchase of Agent/Broker Package, each Agent/Broker Package listing will abide by the same rules and regulations stated above and you as Agents/Broker have to abide to your state laws and regulations set forth by the real estate commission. Prestige Realty will keep all of your Agent/Broker Package listings active on each of the additional websites for 180 days and will provide links back to where your listings can be viewed on other websites. There will be no refunds or prorated amounts issued if the Agent/Broker Package is cancelled at anytime. Under no circumstances will your credit card information be disclosed on Prestige Reality website, and your credit card information will be kept on file as long as your status is active. Once a listing is created please allow up to 3-4 days for Prestige Realty to post to other websites. The amount of photos, description layout, features, amenities, contact information, and any other information displayed of your property on Prestige Reality is not the same as the other websites. Prestige Realty will adhere to the specifications and guidelines of each website and provide as much information as possible that you have provided on Prestige Realty Group to these websites included in the package. All email inquiries received on any of these websites will be forwarded to the email address you (the user) have provided to Prestige Realty Group. Contact information will be limited to your name and phone number while listed on the other websites. All sales are final, and are not subject to a refund regardless of the status of your listing.

Advertisement

Prestige Realty offers an opportunity to advertise your company or service on our Resources section. Simply create an account and send us the information that you would like to put in your ad and we can create your ad or post it as you have sent us. Please make sure to refrain from including any offensive, unprofessional, derogatory, or depictive comments or statements in your ad, and please make sure all company logos and self images are within these standards as well. All links back to your website must be functional and must point back to the site that is the same as you are advertising. All advertisements are monitored on a regular basis and if any advertisement does not meet the requirements stated in the terms of use it will be removed and an email will be sent to you (the user) indicating so. The payment is based on the term of the ad and due upon placing your advertisement. Credit card information will not be kept on file and all sales are final and not subject to a refund. For your convenience, Prestige Realty provides you (the user) with vital material related to the real estate industry, as well as resource links to multiple websites, venders and other services that may be of interest to you. However, Prestige Realty does not control, endorse, or discriminate against such websites and is not liable for their content, nor is it responsible for the accuracy or reliability of their information, opinions, advice, or other related content. Prestige Realty specifically states that our Terms of Use policy is applicable only when you are on jayahlawat.com or trianglehomessites.com. Once you link to another website, you are responsible for reading that sites guidelines and privacy policy prior to proceeding or disclosing any personal information. If you decide to access any of the third party sites linked to Jay Reality, you do so at your own risk, and discretion. Prestige Realty group reserves the right to terminate any linking program at any time without a direct notice to viewers. Any contracts by Prestige Realty with third parties will be conducted at Prestige Realty discretion.

Photos and Data

Prestige Realty is not liable for any photos/content placed on the website by its users. It is up to the users to verify at his/her information. You (the user) upload is accurate and up-to-date. Jay Realty will not be held accountable for any false/inaccurate information placed onto the website. User shall use his/her discretion and due diligence when submitting the listing, as well as going over your listing once it is loaded, just in case you need to make any necessary changes/adjustments. Prestige Realty will not and cannot bear any burden of proof. Prestige Realty will remove any content or user if the policies are not followed or offensive/abusive material is posted.

Uploading of Photos

Depending on which package you choose, you may upload anywhere from 8 to unlimited photos of your listing to be put on Jay Reality, these pictures must be professional, non-offensive, non-explicit, and cannot reveal anything of an obscene nature. Photos will also be monitored. In the event of photo(s) placed that do not abide by these terms of use, the photos(s) will be removed and the account will be cancelled with no refund. We will provide you with notice within 3-4 days by a Prestige Realty representative in this event.

Submission of Your Listing(s)

When you create (submit) a listing onto Prestige Reality, you provide us with information (your name, contact phone number, property location, property features, disclosures, selling price, description, as well as any pictures and/or virtual tours of your listing) which may be published in other media. By submitting your listing onto our site, you (the user) automatically grant Prestige Reality the right to use, publish and expose your listing via our affiliates for purposes of maximizing exposure, unless you direct us otherwise.

Payment Information

All payments are securely processed via PayPal Payment Gateway. PayPal is a leading provider of Internet Protocol based payment gateway services. To find out more about PayPal please visit www.paypal.com. We currently accept Visa, Master Card, American Express and Discover credit cards. Once the order is placed you will receive an email confirmation containing your order number, credit card authorization number, and the details of your order. Your charges will be posted to your account within 48 - 72 hours after completion of the order.

Time of Active listing

The time period of a listing on our website are as follows; we allow you to have a listing up to 180 days or it is sold or rented whichever comes first. You are responsible for updating your listing as the status changes. If there are no changes made to the listing, it will be consider that the listing is still active. We expect you to notify us via email when your listing(s) are no longer active, or to sign in to your account and cancel your listing(s).

Cancellation Information

All your paid listings are final and are non-refundable. You always have the option of canceling your listing(s) or account at any time without a refund or any other consideration.

User Guarantees and Obligations

You shall and must never violate any law, or our policy, not able to form legal contracts, under the age of 18, suspended from the use of our site, post false, inaccurate, misleading, defamatory, distribute or spam, try pyramid scheme, distribute viruses or any other technologies that may harm the interest and use of Prestige Realty for other users while using the services or the browsing the website. You (user) is also should not copy, modify or collect any information about users without their consent. USER shall be mindful and use due diligence to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content. We may also restrict you to our site and may take legal action against you. We also reserve the right to cancel unconfirmed accounts. USER shall be responsible for paying all fees in a timely manner with a valid payment method. If your payment method fails or your account is past due, the account will be closed. You (User) will be responsible for any legal charges incur during or in process of resolving and collecting debt.

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Liability

You will not hold Prestige Realty or any of its members responsible for other user’s actions or inactions, including things they post. If you have a dispute with one or more users, you release us and all our employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the total fees you paid to us in 180 days prior to the action giving rise to the liability or $5 whichever is greater.

Access and Interference

Additionally, you agree that you will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of Jay Realty and the appropriate third party, as applicable; or interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the site.

Indemnity

User shall indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. User shall indemnify and hold harmless Jay Realty, its advertisers and other suppliers and any related third parties, against and in respect of any and all third party claims, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses (including reasonable legal fees and expenses of attorneys) as and when incurred, arising out of or based upon any act or omission or alleged act or alleged omission by Prestige Realty in connection with the acceptance of, or the performance or non-performance by Jay Realty of, any of its duties under this Agreement or arising from the breach by Jay Realty of its warranties, shall promptly notify Prestige Realty at info@jayahlawat.com of all claims and proceedings related thereto of which Prestige Realty becomes aware.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

Notice

Except as explicitly stated otherwise, legal notices shall be served on Presitge Realty’s registered agent at info@jayahlawat.com (in the case of Prestige Realty) or to the email address you provided during the registration process (in your case). Notice shall be deemed given 48-72 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Obligations of Prestige Reality

Prestige Realty represents, warrants, covenants and agrees to use its best efforts to maintain the Web Site in a manner consistent with the intent and purpose of the Web Site as at the date first written above; to maintain suitable and qualified personnel in administrative, sales and technical positions necessary for Jay Realty to perform effectively the terms of this Agreement. Prestige Realty covenants and agrees not to knowingly include or provide via the Web Site, and agrees to remove from the Web site any material that is: • libelous, pornographic, obscene, or defamatory under any federal or state law; • An infringement of any third parties intellectual property rights (including copyright, patent, trademark, trade secret or other proprietary rights); or • An infringement on any third parties rights of publicity or privacy. Jay Realty further covenants and agrees, with respect to the operation of its Web Site and its Pages, to comply with all laws, statutes, ordinances, and regulations. Jay Realty agrees to place prominently on its Web Site(s) and to operate in accordance with and to comply with a privacy statement or policy that adheres to or exceeds widely-accepted industry guidelines

Terms

The Term of this Agreement will commence on the Effective Date, will continue for time from the Effective Date, and will terminate after 180 days from the effective date. Effective date is the date of acceptance from both the parties. Either party may terminate the Agreement by giving written notice to the other party no later than 1 week before the Effective Date.

Confidentiality

Prestige Realty and user covenants to each other that neither party will disclose to any third party (other than its employees and directors, in their capacity as such, and the employees and directors of any affiliate on a need to know bases so long as they are bound by the terms of this Agreement) any information regarding the terms and provisions of this Agreement or any nonpublic confidential information, which information a reasonable person would consider confidential or which is marked as “confidential” or “proprietary”, except the following: • To the extent necessary to comply with any law or valid order of a court of competent jurisdiction (or any regulatory or administrative tribunal), in which event the party so complying shall so notify the others as promptly as practicable (and, if possible, prior to making any disclosure) and shall seek confidential treatment of such information, if available; • As part of its normal reporting or review procedure to its auditors or its attorneys, as the case may be, so long as they are notified of the provisions of this Agreement; • In connection with any filing with any governmental body or as otherwise required b law, including the federal securities laws and any applicable rules and regulations of any stock exchange or quotation system. USER represents warrants and acknowledges that USER has the authority to enter into this Agreement and to perform its obligations hereunder, that it has the right to grant the rights granted to Prestige Realty hereunder. USER represents warrants and acknowledges that Prestige Realty is acting solely as a conduit distributor and marketer of the Advertising and that it has no responsibility for the content of the Advertising and/or the Web Site(s).

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina applicable to contracts made and performed therein, without regard to principles of conflicts of laws.

Miscellaneous

This Agreement constitutes the entire agreement and supersedes all prior agreements of the Parties with respect to the transactions set forth herein and, except as otherwise expressly provided herein, is not intended to confer upon any other person any rights or remedies hereunder. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document. Should one or more provisions of this Agreement be or become invalid, the parties hereto shall substitute, by mutual consent, valid provisions for such invalid provisions which valid provisions in their economic effect are sufficiently similar to the invalid provisions that it can be reasonably assumed that the parties would have entered into this Agreement with such valid provisions. In case such valid provisions cannot be agreed upon, the invalidity of one or several provisions of this Agreement shall not affect the validity of this Agreement as a whole, unless the invalid provisions are of such essential importance to this Agreement that it is to be reasonably assumed that the parties would not have entered into this Agreement without the invalid provisions.

LIMITATION OF LIABILITY; DISCLAIMER. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR LOST PROFIT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JAY REALITY MAKES NO WARRANTIES OF ANY KIND TO ANY PERSON WITH RESPECT TO THE AD SERVING SYSTEM USED TO DELIVER ADVERTISING OR ANY ADVERTISING OR DATA SUPPLIED HEREBY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT.