LUMEALINK, operated by LUMEALINK (with all of its subsidiaries, “LUMEALINK Group”). By using LUMEALINK Group’s Web sites (defined to include all properties (mobile, Web or otherwise) owned and operated by LUMEALINK Group), related data, and/or related services (collectively, “Services”), you agree to be bound by the following terms of use, as updated from time to time (“Terms of Use”).
Permissible Use. You agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf, unless you are a real estate or lending professional acting in your professional capacity. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a property for sale). Without limitation, lending professionals and institutions are prohibited from using information provided by LUMEALINK Group through the Services in making any loan-related decisions. The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.
Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, time-sharing or other similar purposes.
Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to LUMEALINK Group in connection with the Services (your “Submission”), you grant LUMEALINK Group an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. LUMEALINK Group will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. LUMEALINK Group may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant LUMEALINK Group the rights in this paragraph, that LUMEALINK Group’s use of the Submission will not infringe any third party rights. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services. LUMEALINK Group will not use client contact information that is uploaded by agents into the LUMEALINK portal for any purpose. You may not share your user account(s) with others. You are responsible for all actions taken via your account. LUMEALINK Group will treat your use of the Services in accordance with its Privacy Policy. Certain LUMEALINK Group functionalities may involve the distribution of your Submission to third party Web sites over which LUMEALINK Group has no control. LUMEALINK Group is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content , availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site’s own privacy policy.
Advertising. LUMEALINK Group’s business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, LUMEALINK Group may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.
Linked Materials and Third-Party Materials. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. LUMEALINK Group does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that LUMEALINK Group has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and LUMEALINK Group takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
Intellectual Property. The Services are the property of LUMEALINK Group, and subject to the intellectual property rights of LUMEALINK Group and its licensors. All rights reserved. You may not use any of LUMEALINK Group’s trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. LUMEALINK Group does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.
NO WARRANTY. LUMEALINK GROUP PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMEALINK GROUP AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. LUMEALINK GROUP AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL LUMEALINK GROUP OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST LUMEALINK GROUP OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Changes; Discontinuance. LUMEALINK Group reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to LUMEALINK Group’s properties. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. LUMEALINK Group may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
Choice of Law; Disputes. These Terms of Use are governed by the laws of Malaysia, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state of Kuala Lumpur for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.
Indemnification. You agree to defend and hold LUMEALINK Group, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your user account on the Services or that you otherwise make available through the Services.
Release. You release LUMEALINK Group, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services.
General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. LUMEALINK Group may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. LUMEALINK Group’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and LUMEALINK Group with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and LUMEALINK Group with respect to the Services.