Access and Use
IMC grants you a personal, non-exclusive, non-transferable, limited license to use the System and to view or access the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System (including any Website or Mobile Applications contained therein). You further agree not to modify the System, or any part thereof, in any form or manner, nor to use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of IMC. You may not attempt to gain any unauthorized access to the System or any of its associated Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the System or the Services is permitted, unless expressly specified in a prior agreement between you and IMC.
No Unlawful or Prohibited Use
Any use or attempted use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by IMC to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the System, you agree you will not:
- (a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- (b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any IMC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- (d) Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- (e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- (f) Use any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- (g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- (h) Violate any applicable local, state, national or international law;
- (i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- (j) Delete or revise any material posted by any other person or entity;
- (k) Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems;
- (l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
- (m) Harvest or otherwise collect information about others, including e-mail addresses; or
- (n) Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.
Any information, communications, or material of any type or nature that you submit to the System (or to any of our pages on a social media platform or other website) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. IMC does not own any Submissions provided via the System. However, by inputting/submitting such Submissions you are granting IMC a nonexclusive, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any Content or materials contained therein). All Submissions inputted/submitted by you is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any Content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
IMC shall have the right to use all information collected in connection with the Services and System to provide, develop, enhance and/or protect IMC’s products, services, technologies, and other offerings, including, without limitation, for developing, deriving, compiling or generating market research, data sets, insights, trends, benchmarks, algorithms, models and other analyses or information (collectively, “Analytics”). IMC may retain such Analytics and (without need of further notice, license, consent or payment) disclose Analytics to third parties in aggregate or other de-identified form in connection with its business. IMC shall own and retain all rights, title and interest in and to all Analytics. No rights or licenses are granted except as expressly set forth herein.
Accounts, Passwords, and Security
Certain features or services offered on or through the Website may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify IMC immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by IMC or any other user of or visitor to the Website due to another person using your account, login ID, or password.
You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. IMC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
IMC respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the System and to collect and provide the features, materials, opportunities, and services that are available on or through the System. You understand and agree that IMC owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials, opportunities, and services made available on or through the System, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the System and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of IMC or its licensors and content-providers. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through the Linked Websites.
The posting of information or other materials or Content on the System by IMC does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.
Notice Regarding Copyright Agent
If you believe that any Content on any of our Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the Website containing the following:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Company to locate the material;
- The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated Copyright Agent:
International Market Centers
240 Peachtree Street
Atlanta, GA 30303
If you wish to purchase any product or service made available through the System (each such purchase, a “Transaction”), you may be asked to supply certain payment information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to IMC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree that IMC or our agents may call or text you by telephone regarding your account or your Transactions.
Disclaimer of Warranties
IMC does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result or goal through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or IMC, or that you access, use, download, or otherwise obtain on or through the System or IMC, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
The information, software, CONTENT, SERVICES, or materials available from or provided on the System or via the Services, is provided “AS IS” and “AS AVAILABLE”, without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF INTERNATIONAL MARKET CENTERS SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK.
Limitation of Liability
DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SYSTEM DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. IMC MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. IMC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE.
IMC reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
The System could include technical inaccuracies or typographical errors. IMC shall have no liability in connection with any such inaccuracies or errors, nor shall IMC have any obligation to identify and/or correct any such inaccuracies or errors.
All responsibility or liability for any damages caused by viruses, malware, disabling or malicious code contained within the electronic files or on the System is disclaimed.
Links to Other Websites
For your convenience, certain hyperlinks may be provided on the System that link to other websites which are not under the control of IMC (the “Linked Websites”). IMC does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, Content, or any other aspect of the Linked Websites. IMC disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites and any purchases of products or services from such other websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against IMC arising from or based upon any such use of other websites (including the Linked Websites). Hyperlinks to such Linked Websites on the System do not imply that: (a) IMC is affiliated or associated with any Linked Website; (b) IMC is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of IMC.
Links to the Website
Neither you nor any other website may link to the Website without the permission of IMC. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the Website other than the home page of the Website; (b) “frame” the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to IMC or any entity that is affiliated or associated with IMC; or (d) otherwise imply or state that any type of relationship or special arrangements exist with IMC and any other entity. You agree that you will promptly remove any hyperlink to the Website upon the written request of IMC. In no event will you use any logo or trademark of IMC as a hyperlink “button”, or in any other manner, without IMC’s express written consent.
Disclaimer of Third Party Information
To the extent that any information, material, or functionality on the System is provided by third party content-providers (“Third Party Materials”), IMC has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party suppliers. IMC does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with IMC.
Contributions to Company Website
International Market Centers provides an area for our users and registered users to contribute feedback on our website about their online experience. By providing this space we do not mean to encourage unsolicited general business ideas and discourage you from submitting these to us via this website or otherwise unless we are in direct communications with you regarding this idea.
In the event that you nevertheless, submit ideas, documents, suggestions and/or proposals (“Contributions”) to us via the System, you represent and warrant that:
- your Contributions do not contain any type of confidential or proprietary information;
- IMC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- IMC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- the contributor’s Contributions shall automatically become the sole property of IMC including any related copyright or other intellectual property associated therewith; and
- IMC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
Cautions for Global Use and Export and Import Compliance
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to:-
The Export Administration Regulations:
The sanctions control program of the United States:
Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
- agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
- agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
Special Admonition Related to Financial Matters
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. AmericasMart Real Estate, LLC’s Content is provided primarily for informational purposes, and no Content that shall be provided or included in our Services is intended for trading or investing purposes. International Market Centers and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
As a registered user of our Websites, you may cancel or terminate your account, associated email address and/ or access to our Services by submitting a cancellation or termination request to email@example.com.
As a registered user, you agree that IMC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with your www.americasmart.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within our Websites;
- the deletion of your password and any and all related information, files, and any such Content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
Please also note that Market Plan access will only be available to registered buyers at AmericasMart.com, or lasvegasmarket.com. Buyers that start the registration process on the website will have access to the Market Plan pending application status. A denied application will result in account deactivation.
IMC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video Content. For more information, please visit our website at www.americasmart.com.