Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

By using or downloading information from this Website, you represent that you have read and understand these Terms and Conditions of Use and agree to be bound by them. If you do not agree with these Terms and Conditions of Use, in whole or in part, please do not continue to use this Website.

Changes to these Terms and Conditions of Use

John Brian Losh, Inc., doing business as Who’s Who in Luxury Real Estate and LuxuryRealEstate.com ("LuxuryRealEstate.com," "us," or "we") may modify these Terms and Conditions of Use at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.

Copyright and Restrictions on Use

The materials on this website ("Materials") as well as its organization and design are the property of LuxuryRealEstate.com and are protected by worldwide copyright laws and treaty provisions. You may access, print, and make personal use of this website for the sole purpose of facilitating your personal, non-commercial use and retention of information from this website. Except for the purpose of page caching and as otherwise explicitly set forth in this paragraph, you may not copy, distribute, republish, modify, display, publicly perform or use the Materials in any manner, without our prior written consent. You may not use spiders and other search robots on this website. Your use of spiders or search robots in violation of these Terms and Conditions of Use, may be a violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq., state or other federal law, and LuxuryRealEstate.com shall take all actions it deems necessary to enforce its rights.

Intellectual Property Notice

Nothing contained in these Terms and Conditions of Use shall be construed as conferring any license or right to any trademark or other intellectual property right of LuxuryRealEstate.com or any other party. LuxuryRealEstate.com, Who's Who in Luxury Real Estate, and the lion head door knocker design are registered trademarks of John Brian Losh, Inc. All other trademarks, trade names, service marks and logos displayed throughout this website are the property of John Brian Losh, Inc., licensed by John Brian Losh, Inc., or owned by third parties. You may not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout this Website without the prior written consent of the owner of the trademark, trade name, service mark and logo.

Compliance with Law

We control and operate this website from our offices within the State of Washington, United States of America. LuxuryRealEstate.com makes no representation that the Materials are appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this website.

Other Businesses and Links

This website may contain links to websites or be linked to websites not under the control of LuxuryRealEstate.com. LuxuryRealEstate.com does not endorse the companies, products or websites that are linked to this website. Accordingly, we do not assume any responsibility or liability for the actions, products, or content of these websites. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.

Submissions

LuxuryRealEstate.com welcomes suggestions, comments and other submissions from the users of our website. Any comments, suggestions, ideas or any other materials submitted to us (collectively, the "Submissions"), will become LuxuryRealEstate.com's property upon its submission. LuxuryRealEstate.com shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of LuxuryRealEstate.com, and LuxuryRealEstate.com shall not be liable for any use or disclosure of any Submissions. Notwithstanding the foregoing, any personal information you submit to LuxuryRealEstate.com through the pages located on this website will be held in confidence by us as set forth in our Privacy Policy. This submissions policy is intended to avoid the possibility of future misunderstandings when projects developed by LuxuryRealEstate.com's staff might seem to others to be similar to their own creative work.

Privacy

Any collection or use of personally identifiable information collected from you via this website is governed by our Privacy Policy, which forms a part of these Terms and Conditions of Use.

Disclaimers

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LUXURYREALESTATE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS.

Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems. We have taken reasonable steps so that these problems will not materially affect our business, but do not guarantee that our website is immune to such issues. It is your responsibility to protect yourself. Steps you may consider taking to mitigate the vulnerability of your computer system to issues such as these include using firewalls, password protection, and anti-virus programs.

Limitation on Liability

IN NO EVENT SHALL LUXURYREALESTATE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT, SOFTWARE OR DATA) RELATED TO OR THAT ARISE FROM (A) YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS, (B) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEBSITE, OR (C) ANY GOODS OR SERVICES ADVERTISED OR LINKED TO THIS WEBSITE, EVEN IF LUXURYREALESTATE.COM IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

Severability

The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in the jurisdiction where the provision was held to be invalid or unenforceable.

Governing Law, Venue and Dispute Resolution

These Terms and Conditions of Use shall be interpreted, construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of Washington, excluding its choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods. All claims or actions arising out of or related to these Terms and Conditions of Use and your use of this Website and the Materials shall be settled by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Such arbitration shall be held in King County, Washington before one arbitrator selected by mutual agreement of the parties or, absent such agreement, in accordance with the AAA rules. The arbitrator may not award any punitive damages. Any award of the arbitrator may be enforced in any court of competent jurisdiction. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, LUXURYREALESTATE.COM MAY SEEK INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THIS WEBSITE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON AND YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

General Provisions

These Terms and Conditions of Use, including the Privacy Policy (https://www.luxuryrealestate.com/legal#privacy-policy) , are the entire agreement between LuxuryRealEstate.com and you relating to your use of this website. No failure or delay on the part of LuxuryRealEstate.com to exercise any right, power or remedy under these Terms and Conditions of Use shall operate as a waiver; nor shall any single or partial exercise by LuxuryRealEstate.com of any right, power or remedy under these Terms and Conditions of Use preclude any other or further exercise of any right, power or remedy.

Who’s Who in Luxury Real Estate Membership Terms

By agreeing to become a Member of the Who’s Who in Luxury Real Estate network, by paying the membership fee and advertising property on LuxuryRealEstate.com, you represent that you have read and understand these Terms and Conditions of Use and agree to be bound by them.

• Member agrees that all information and materials designated ‘Private’ or ‘Confidential' will not be copied, shared, communicated or transferred to any individual or entity at any time.
• Member understands that their membership will fall under review in the event that ownership of the member company is altered.
• Network reserves the right to discontinue membership at any time for cause. Member’s recourse is the refund of the current year’s membership fee, prorated for the amount of time left on the agreement.
• Member understands by uploading their listings to LuxuryRealEstate.com, they are allowing Network to promote the listings in various mediums including LuxuryRealEstate.com, Global Luxury Search, Member/Agent/Property websites, all websites created by Network and in all social media channels.
• Member agrees that Network has not made any representations concerning the level of referrals, business or profits that Member might reasonably expect, which are dependent upon variables beyond the Network's control, including the ability, motivation, and amount and quality of effort expended by Member.
• Member represents that it is an experienced licensed broker of luxury property, and provides the highest level of personal service and commitment to its clientele, and will continue to do so during the term of membership to all clients, including those referred through the Network.
• Member is an independent business. Member and Network are not agents, partners, joint venturers, beneficiaries or fiduciaries of one another; neither party will be bound or obligated by the other.
• Member will not permit the public to confuse it with Network. Member will not permit its business to become substantially associated with Network's trademarks, and will more prominently display its own trade name or trademark than any trademark of Network.
• Member will follow Network’s directions as to how to display the Network trademarks.
• Member agrees to indemnify Network from any claim or demand made by any third party arising from Member’s conduct.
• Member agrees to receive periodic contact (i.e. newsletters, emails, phone calls) from Network via information provided to Network (i.e. email addresses, mailing addresses, phone numbers, etc.).
• Member understands that annual fee is non-negotiable and non-refundable once paid.
• This agreement is governed by the laws of the State of Washington, and jurisdiction will be in the State of Washington, USA.