These Terms and Conditions are a legal agreement between you and PropEx Services, LLC., ("PropEx"). If you do not agree to these Terms and Conditions, do not submit information to, or access information from the Service.  Any questions concerning this Agreement should be directed to: Administration, PropEx Services, LLC., 46 Orchard Street Asheville, NC  28801.

Submission and Administration of Listings

To list any property, you must first set up an account by entering your contact information.  If you are represented by a real estate agent, their name and contact information should be provided to viewers. If you are a For Sale By Owner (FSBO), you may like to review the property disclosure laws in your state.

Once your account is activated (usually the same day), you may begin entering data and/or create a personal brochure for each listing. You may edit your listings and/or brochures anytime and as often as you like. Changes are posted immediately for public view. After the account is established, you will have seven (7) days to actually enter a listing. If a listing has not been entered after seven days, the account will be deactivated and you will need to reestablish the account to enter your listing.

As a condition of use, you agree to keep the status of your listing current at all times...this includes informing the public when a listing goes under contract (pending), contingency, or when it is sold. You are encouraged to submit photos via "upload" directly into the digital brochure. Propex may, at its discretion, purge any listing that does not: [1] maintain a current photo, [2] reflect the appropriate "status" (current, pending, sold, etc.) of the listing or, [3] believes a listing to be misrepresentative or misleading to the public. Additional terms and conditions are as follows:
  
Customer shall not submit any property descriptions, documents, photographs, financial, contact or other information ("Listings") to the PropEx web site unless (i) Customer has received all necessary rights and authorizations, including without limitation, from the owner of the property listed, any necessary agents or brokers, the author of the Listing, including the photographer and/or copyright owner of any photographs, as applicable, to publish and advertise the Listing as part of the Service and allow the Listing to be accessed, downloaded and copied by users of the Service; and (ii) the Listing is accurate and Customer agrees to administer the Listing and maintain its accuracy at all times including promptly changing the status of the listing from time to time. Customer represents, warrants and covenants that the foregoing listing is correct at the time of submission and will remain correct as long as the Listing is used in connection with the Service. PropEx will, in its sole discretion, remove listings that are alleged to have been submitted in violation of this provision or not properly maintained. In addition, PropEx may require additional evidence of compliance with this provision from customers who are alleged to have submitted listings in violation of the terms of this provision on multiple occasions and/or will, in its sole discretion, terminate the accounts of, and refuse service to, customers who are repeat infringers.

Payment Terms

Client agrees to pay for all products ordered through the PropEx web site using the payment method indicated per each account. Fees owed depend on the specific type and quantity of PropEx services ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered services. Any attorneys fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be paid by Client. Fees paid for subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the term. Subscriptions will automatically renew unless Client contacts PropEx in writing 30 days prior to the renewal date and indicates its intent to cancel its subscription.

Ownership and License Grant

PropEx retains all rights (including intellectual property rights), title and interest in the PropEx web site, PropEx technology, brochures, all databases,  Public Listing Service (PLS), PropEx and PLS (Public Listing Service) service marks, trade technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the services hereunder. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of PropEx's technology or delete or alter author attributes or copyright notices.

Indemnity

CUSTOMER WILL INDEMNIFY AND HOLD HARMLESS PROPEX, AT CUSTOMER’S SOLE EXPENSE, AGAINST ANY CLAIM, ACTION, LEGAL PROCEEDING, DAMAGES, LIABILITY, SETTLEMENTS, EXPENSES (INCLUDING ATTORNEYS' FEES) AND OTHER COSTS ARISING OUT OF OR RELATING TO (i) BREACH OF THESE TERMS AND CONDITIONS, (ii) NEGLIGENCE OR MISCONDUCT BY CUSTOMER OR (iii) A CLAIM THAT A LISTING OR OTHER INFORMATION PROVIDED BY CUSTOMER INFRINGES THE COPYRIGHT, TRADEMARK, TRADE SECRET, PATENT OR OTHER PROPRIETARY RIGHT OF A THIRD PARTY.

Use of Information

Customer agrees to treat all information and Listings obtained from the Service as proprietary to PropEx. Customer agrees that information and Listings reserved for PropEx member agents will be maintained and protected as a trade secret of PropEx. PropEx does not ensure the accuracy of, endorse or recommend any Listings and Customer uses such Listings at its own risk. Customer may access the Listings solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access and use of Listings to personal and internal use, and shall not use Listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works. Customer shall not use or reproduce Listings obtained from the Service for or in connection with any other listing service or device. 

Warranty Disclaimers

THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PROPEX MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND PROPEX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. 

Other Rights Reserved By Propex

Customer agrees that PropEx shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the world wide web for unrestricted use by customers. PropEx shall also have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. PropEx shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings.

Limitation of Liability

PROPEX’S TOTAL AGGREGATE LIABILITY ARISING OUT OF THE SERVICE SHALL BE LIMITED TO THE GREATER OF (i) TWENTY FOUR DOLLARS ($24), OR (ii) AMOUNTS, IF ANY, ACTUALLY RECEIVED BY PROPEX FROM CUSTOMER FOR THE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD. IN NO EVENT SHALL PROPEX HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO THE SERVICE OR LISTINGS, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF PROPEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOT-WITH-STANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed under the laws of the State of North Carolina without reference to conflict of laws principles. These Terms and Conditions are deemed entered into in Buncombe County, Asheville, North Carolina, USA. All disputes arising out of or related to these Terms and Conditions or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Buncombe County, North Carolina, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. 

General

This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these Terms and Conditions shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Client without the prior written consent of PropEx, which consent shall not be unreasonably withheld.

© 2002-2005 PropEx - All Rights Reserved
Propex Services, LLC  46 Orchard Street  Asheville NC  828-252-3040