Welcome to Carolina Premium Properties, Inc. MLS flat rate listing web site (the Site). These terms of use (Site Terms) apply exclusively to your access to, and use of, our Site so please read them carefully. They do not alter in any way the terms or conditions of any other written agreement you may have with us for other products or services. By accessing our Site, you agree to the terms and conditions of our then current Site Terms.
We reserve the right to change or modify any of the terms and conditions
contained in the Site Terms or any policy(s) or guideline(s) of the
Site, at any time and in its sole discretion. If we decide to change
our Terms of Use Agreement policy, Privacy Policy or any other policy,
we will post a new policy on our site and update the policy date.
Therefore, we encourage you to check the date of our Site Terms whenever
you visit this site to check if it has been updated. Any changes
or modification will be effective upon posting of the revisions.
Your use of this Site following the posting of its changes or modifications
will constitute your acceptance of the revised Site Terms.
If you do not agree to these Site Terms (including any referenced policies
or guidelines) as modified from time to time, please do not access
or otherwise use the services available from our Site. If you have
any questions regarding the use of our Site, please e-mail us at admin@carolinapremium.com
License and Site Access
We grant you a limited license to make personal use only of our Site.
Such grant does not include, without limitation: (a) any resale or
commercial use of the Site or content therein; (b) the collection and
use of any product listings or descriptions; (c) making derivative
uses of the Site and its contents; or (d) use of any data mining, robots
or similar data gathering and extraction methods. Except as noted above,
you are not conveyed any right or license by implication, estoppel,
or otherwise, in or under any patent, trademark, copyright or proprietary
right of Carolina Premium Properties, Inc™, CarolinaPremiumProperties™,
Carolina Land Listing.com™, Carolina Land Listing™, CarolinaListingExpress.com™,
Carolina Listing Express.com™, Premium Service Without the Premium
Price™, or any third party.
You may not use, frame or utilize framing techniques to enclose any
Carolina Premium Properties, Inc™, CarolinaPremiumProperties™,
Carolina Land Listing.com™, Carolina Land Listing™, CarolinaListingExpress.com™,
Carolina Listing Express.com™, Premium Service Without the Premium
Price™, name, trademark or product name without our express written
consent.
Any unauthorized use of this Site will terminate the permission or
license granted by these Site Terms and may violate applicable law
including copyright laws, trademark laws (including trade dress), and
communications regulations and statues. All violators will be prosecuted
to the fullest extent of the law.
Other Policies or Terms
Privacy Statement. We believe strongly in providing
you notice of how we collect and use data, including personally identifying
information collected from our Site. Therefore, we have adopted a Privacy
Statement to which you should refer to fully understand how we
collect and use information you provide us in this Site and by other
means.
"Only a Forum"
This Site and the services offered herein are provided
solely as a forum and technical interface that allows you to provide
information related to the listing of your home, information related
to new homes you may be seeking, and connects homeowners and homebuyers
with other Realtors® (licensed real estate agents and brokers) and
other house-related service providers. Stephanie Smith, and where
required Carolina Premium Properties, Inc., is a licensed real estate
broker in North Carolina, South Carolina and Virginia and provides
real estate services as provided by law. Stephanie Smith and Carolina
Premium Properties, Inc. does not provide any real estate services
unless a Listing Agreement is in force between us, nor is there providing
of any appraisal or other house-related services except for referral
services to other Realtors® upon your request in this Site. Although
referral services to other Realtors® are provided upon your request,
we do not sponsor, endorse, recommend or approve of any real estate
agent, broker or other house-related service provider who offers
services through this Site. You should use your independent judgment
of the merits of any individual, entity or information that you find
on or through this Site. While we try to confirm that participating
real estate agents, brokers and other house-related service providers
are licensed to perform their respective services, we cannot and
do not represent or warrant that any real estate agent, broker or
other house-related service provider who offers services on this
Site is licensed, qualified, or capable of performing any such service.
Copyright
All copyrighted and copyrightable materials on this
Site, including, without limitation, Carolina Premium Properties,
Inc™, CarolinaPremiumProperties™, Carolina Land Listing.com™,
Carolina Land Listing™, CarolinaListingExpress.com™,
Carolina Listing Express.com™, Premium Service Without the
Premium Price™, design, text, graphics, pictures, sound files
and other files, and the selection and arrangement ("Materials")
thereof are ALL RIGHTS RESERVED Copyright © 2005 Stephanie J.
Smith, Carolina Premium Properties, Inc. and/or its licensors. Except
as stated herein, none of the Materials may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
written permission of Stephanie J. Smith, Carolina Premium Properties,
Inc. or the respective copyright owner. Permission is granted to
display, copy, distribute and download the Materials on this Site
for personal, non-commercial and informational use only; provided
that, you may not, without the permission of Stephanie J. Smith,
Carolina Premium Properties, Inc. or the respective copyright owner,
(a) copy, publish or post any Materials on any computer network or
broadcast or publications media, (b) modify the Materials, and (c)
remove or alter any copyright and other proprietary notices contained
in the Materials.
Trademarks and Service Marks
Carolina Premium Properties, Inc™, CarolinaPremiumProperties™,
Carolina Land Listing.com™, Carolina Land Listing™, CarolinaListingExpress.com™,
Carolina Listing Express.com™, Premium Service Without the
Premium Price™, logos, and the products and services described
in this Site, including without limitation, are either trademarks,
service marks or registered trademarks of Stephanie J. Smith, Carolina
Premium Properties, Inc. and its suppliers and licensors, and may
not be copied, imitated or used, in whole or in part, without the
prior written permission of Stephanie J. Smith, Carolina Premium
Properties, Inc. or its suppliers or licensors. In addition, all
page headers, custom graphics, button icons and scripts are service
marks, trademarks and/or trade dress of Stephanie J. Smith, Carolina
Premium Properties, Inc. and may not be copied, imitated, or used,
in whole or in part, without our written permission. All other trademarks,
registered trademarks, product names and Stephanie J. Smith, Carolina
Premium Properties, Inc. names or logos mentioned herein are the
property of their respective owners.
Responsibility for Your Conduct
You shall remain solely liable for your conduct or
any information that you upload or transmit to this Site. You agree
to indemnify and hold harmless Stephanie Smith, Carolina Premium
Properties, Inc. from any claim, action, demand, loss or damages
(including reasonable attorneys' fees) made or incurred by any third
party arising out of or relating to your conduct, your violation
of these Site Terms, or your violation of any rights of a third party.
Linking to this Site
You are granted a limited, non-exclusive
right to create a hyperlink to this Site provided such link does
not portray Carolina Premium Properties, Inc™, Carolina Land
Listing.com™, Carolina Land Listing™, CarolinaPremiumProperties™,
CarolinaListingExpress.com™, Carolina Listing Express.com™,
Stephanie J. Smith, or any of its products and services in a false,
misleading, derogatory or otherwise defamatory manner. You may not
use any Carolina Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaLandListing.com™, Carolina Land Listing.com™,
Premium Service Without the Premium Price™, logo or other proprietary
graphic or trademark of Stephanie J. Smith, Carolina Premium Properties,
Inc. to link to this Site without our express written permission.
This limited right may be revoked at any time.
Third-Party Sites
We make no claim or representation regarding, and accepts
no responsibility for, the quality, content, nature or reliability
of sites accessible by hyperlink from this Site, or sites linking
to this Site. The linked sites are not under the control of Stephanie
Smith, Carolina Premium Properties, Inc. and we cannot be and are
not responsible for the content of any linked site or any link contained
in a linked site, or any review, changes or updates to such sites.
We are providing these links to you only as a convenience, and the
inclusion of any link does not imply affiliation, endorsement or
adoption by us of the site or any information contained therein.
When leaving the Site, you should be aware that our terms and policies
no longer govern, and therefore, you should review the applicable
terms and policies, including privacy and data gathering practices,
of that site.
Submissions
You agree that any materials, including but not limited
to questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information, provided by
you in the form of e-mail or submissions to Carolina Premium Properties,
Inc™, CarolinaPremiumProperties™, Carolina Land Listing.com™,
Carolina Land Listing™, CarolinaListingExpress.com™,
Carolina Listing Express.com™, Stephanie J. Smith, or postings
on this Site, are non-confidential (subject to our Privacy Statement).
We shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use of these materials
for any purpose, commercial or otherwise, without acknowledgment
or compensation to you. the submission of any materials to Carolina
Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaLandListing.com™, Carolina Land Listing.com™,
including the posting of materials to any forum or interactive area,
irrevocably waives any and all "moral rights" in such materials,
including the rights of paternity and integrity.
Disclaimers
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING
ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED
FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK. CAROLINA PREMIUM
PROPERTIES, INC., CAROLINA LAND LISTING.COM, CAROLINA LAND LISTING,
CAROLINALISTINGEXPRESS.COM, CAROLINAPREMIUMPROPERTIES.COM, STEPHANIE
J. SMITH, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION,
MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE.
CAROLINA PREMIUM PROPERTIES, INC, CAROLINA LAND LISTING.COM, CAROLINA
LAND LISTING, CAROLINALISTINGEXPRESS.COM, STEPHANIE J. SMITH, CAROLINAPREMIUMPROPERTIES.COM,
DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CAROLINA PREMIUM PROPERTIES,
INC., CAROLINALISTINGEXPRESS.COM, CAROLINAPREMIUMPROPERTIES.COM, STEPHANIE
J. SMITH, IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS
RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE CAROLINA PREMIUM PROPERTIES,
INC., CAROLINALISTINGEXPRESS.COM, CAROLINA LAND LISTING, CAROLINALISTINGEXPRESS.COM,
CAROLINAPREMIUMPROPERTIES.COM, STEPHANIE J. SMITH, ATTEMPTS TO ENSURE
YOUR ACCESS AND USE OF THE SITE IS SAFE, CAROLINA PREMIUM PROPERTIES,
INC., CAROLINALISTINGEXPRESS.COM, CAROLINAPREMIUMPROPERTIES.COM, STEPHANIE
J. SMITH, CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR
ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We reserve the right to change any and all content
contained on this Site at any time without notice. Reference to any
products, services, process, or other information, by trade name,
trademark, manufacturer, supplier, or otherwise does not constitute
or imply endorsement, sponsorship or recommendation thereof by us.
Limitation of Liability
IN NO EVENT SHALL CAROLINA PREMIUM PROPERTIES, INC.,
CAROLINALISTINGEXPRESS.COM, CAROLINAPREMIUMPROPERTIES.COM, CAROLINA
LAND LISTING, CAROLINALISTINGEXPRESS.COM, STEPHANIE J. SMITH, BE
LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES,
OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS
OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN
CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE
OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH THIS SITE. IN
NO EVENT SHALL WE, OR OUR AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE
FOR ANY DAMAGES IN EXCESS OF THE LISTING FEE YOU PAID, OR $100.00
WHICHEVER IS MORE.
Applicable Law and Venue
These terms and conditions shall be governed by and
construed in accordance with the laws of the State of North Carolina,
applicable to agreements made and entirely to be performed within
the State of North Carolina, without resort to its conflict of law
provisions. You agree that any action at law or in equity arising
out of or relating to these terms and conditions shall be filed only
in state or federal court located in Wilmington, North Carolina,
and you hereby irrevocably and unconditionally consent and submit
to the exclusive jurisdiction of such courts over any suit, action
or proceeding arising out of these terms and conditions. You hereby
agree that any claim you may have with respect to this site or our
services must be filed in a federal or state court located in Wilmington,
North Carolina within six months of the time in which the events
giving rise to such claim began, or you agree to waive such claim.
You irrevocable waive any right to a jury trial and agree to the
jurisdiction and venue of these courts with respect to all matters
arising with respect to these Terms. You consent to service of process
by mail.
General Terms
No waiver by Carolina Premium Properties, Inc™,
CarolinaPremiumProperties™, Carolina Land Listing.com™,
Carolina Land Listing™, CarolinaListingExpress.com™,
Carolina Listing Express.com™, Stephanie J. Smith, whether
express or implied, of any provision of these Site Terms shall constitute
a continuing waiver of such provision or a waiver of any other provision
of these Site Terms. Nor shall Carolina Premium Properties, Inc™,
CarolinaPremiumProperties™, CarolinaListingExpress.com™,
Carolina Listing Express.com™, Stephanie J. Smith, be estopped
from enforcing any provision of these Site Terms, except by written
instrument executed by Carolina Premium Properties, Inc™, CarolinaPremiumProperties™,
CarolinaListingExpress.com™, Carolina Listing Express.com™,
Stephanie J. Smith. Notwithstanding any of these terms and conditions,
we reserve the right, without notice and in its sole discretion,
to terminate your license to use the Site, and to block or prevent
future access to and use of the Site. If any provision of these Site
Terms shall be deemed unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and
conditions and shall not affect the validity and enforceability of
any remaining provisions.