1. Visitor (User)
1.1 This Terms & Conditions Agreement (the "Agreement") describes the terms and conditions applicable to your use of Fdcanet.com website and/or its affiliate domain websites whose web service is provided by Fdcanet.com (the "Affiliate"). By accessing or using this website and/or Affiliate websites, you hereby agree to accept the terms and conditions set forth in this Agreement as a Visitor. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and its Affiliate domain websites and any further upgrade, modification, addition or change to the websites. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site and its affiliate domain websites.
1.2 This Agreement applies to Services in addition to any terms and conditions that may be applicable to such Service provided, however, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to Fdcanet.com and/or its affiliates.
1.3 Fdcanet.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement may not otherwise be modified, except in writing by an authorized officer of Fdcanet.com.
1.4 Some of the Fdcanet.com and its affiliate content displayed on this Site and affiliate websites is provided by third parties ("Third Party Content"). Neither Fdcanet.com or its affiliates nor any of our officers or employees has entered into any sales agency relationship with such third party by virtue of Fdcanet.com 's display of the Third Party content on the Site and its affiliate websites. Any Third Party content is the sole responsibility of the party who provided the content. Fdcanet.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any Visitor in connection with such Visitor's reliance of such Third Party content. In addition, Fdcanet.com and its affiliates not responsible for the conduct of any Visitor's activities on the Site and its affiliate websites, and shall not be liable to any person in connection with any damage suffered by any person as a result of such Visitor's conduct.
1.5 Fdcanet.com and its affiliate websites may allow Visitors access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's website. You are cautioned to read such sites' terms and conditions and/or privacy policies' before using such sites in order to be aware of the terms and conditions of your use to such sites. Visitor acknowledges that Fdcanet.com and its affiliate websites have no control over such third party's websites, do not monitor such sites, and Fdcanet.com and its affiliates shall not be responsible or liable to anyone for such website, or any content, products or services made available on such website.
1.6 Fdcanet.com and some of its affiliate domain websites may contain real estate property information which comes from the Internet Data Exchange (IDX) program of different MLS nationwide. Fdcanet.com and some of its affiliate websites may reference real estate listing(s) held by a brokerage firm other than the broker and/or agent who owns the website. The accuracy of all information is deemed reliable but not guaranteed and should be personally verified through personal inspection by and/or with the appropriate professionals.
1.7 The real estate data contained on Fdcanet.com and its affiliate websites is copyrighted by each broker and/or agent's MLS respectively, and is protected by all applicable copyright laws. As a Visitor, such information is for your personal use only, and any dissemination of this information with or without downloading listing data into a computer and/or a server for business purpose is in violation of copyright laws and is strictly prohibited.
1.8 Fdcanet.com reserves the right to limit, deny or create different access to the Site and its affiliate websites and the features with respect to different Visitors or to change any of the features or introduce new features without prior notice. Each Visitor acknowledges that inability to use the Site and/or its affiliate websites wholly or partially for whatever reason may have adverse effects on its business.
1.9 Through the Site and its affiliate websites, Fdcanet.com provides an electronic web-based platform for exchanging information between brokers and/or agents and other businesses and consumers of products and services. Fdcanet.com does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, Fdcanet.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
1.10 Visitors are hereby made aware that there may be risks of dealing with people acting under false pretences. Fdcanet.com uses several techniques to verify the accuracy of the information our affiliates provide us when they register on the Site. We, at Fdcanet.com and affiliates encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
2. Affiliate (Agent and Business Owner)
2.1 Fdcanet.com's main business is to build three-on-one websites and offers related online, especially WeChat marketing tools for affiliates (agents and/or business owners) with at least a header image and an e-business card designed for each one affiliate. The whole such platform, including but not limited to its software, web pages and images designed, is fully owned by Fdcanet.com, and so Affiliate has right to use it only without ownership and is not allowed to transfer it to any third party without advanced written consent of Fdcanet.com.
2.2 Fdcanet.com reserves the right to delete, edit, and/or remove any content on Affiliate websites not in compliance to our discretion and/or opinion of any such product or service which we, at Fdcanet.com believes to be in an offensive manner, containing exploitation, and/or of a horrific nature.
2.3 Each Agent or Business owner hereby agrees that information submitted to Fdcanet.com for display on affiliate website shall not contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities.
2.4 Each Agent and Business owner can not knowingly be part of a scheme to defraud other Visitors of affiliate website or for any other unlawful purpose.
2.5 Under no circumstances can an affiliate relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights.
2.6 Agents and/or Business owners cannot knowingly or intentionally violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, libelous, unlawfully threatening or unlawfully harassing.
2.7 It is not permitted for affiliates to be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minor. Although Fdcanet.com does not solicit, endorse nor promote explicit, harmful or sex-related merchandise it is advise that minor under age of 18 years do not use or participate affiliate website without prior parental consent
2.8 Agent and/or Business owner can not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the Fdcanet.com 's content or website nor can any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation.
2.9 Agents and/or Business owners can not contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or otherwise create any liability for Fdcanet.com.
2.10 Agent and/or Business owner s are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of affiliate websites, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
2.11 In the event that any Agent and/or Business owner and/or Visitor has a dispute with any party to a transaction, such both Affiliate and Visitor agree to release and indemnify Fdcanet.com (and our agents, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
2.12 Under no circumstances shall Fdcanet.com be held liable for any delay or failure or disruption of the content or services delivered through affiliate website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
3. Intellectual Property Rights
3.1 Fdcanet.com is the sole owner or lawful licensee of all the rights to the Site and affiliate websites and related content. The Site and Fdcanet.com content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and affiliate websites with Fdcanet.com content shall remain with Fdcanet.com, its licensors of the Fdcanet.com content, as the case may be. All rights not otherwise claimed under this Agreement or by Fdcanet.com are hereby reserved. It is agreed that any and all trademarks and service marks pertaining to Fdcanet.com and Fdcanet.com logos and product and service names are trademarks of Fdcanet.com. You agree not to display or use in any manner, the name Fdcanet.com or its trademarks or associated products or services without prior written notice from Fdcanet.com
4.1 All notices or demands to or upon Fdcanet.com shall be effective if in writing and shall be duly made when sent to Fdcanet.com in the following manner: notices or demands shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge.
5.1 By choosing to select and use Fdcanet.com, Inc. you agree to indemnify Fdcanet.com, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through Fdcanet.com; or of your use of or connection to Fdcanet.com; your violation of the User Agreement; or, your violation of any rights of another.
5.2 In the event that any Agent and Business owner and/or Visitor has a dispute with any party to a transaction, such both Agent and Business owner and Visitor agree to release and indemnify Fdcanet.com (and our agents, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
5.3 Under no circumstances shall Fdcanet.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
6. Liability & Warranties
6.1 FDCANET.COM AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.
6.2 We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. Fdcanet.com, may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources.
6.3 You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on Fdcanet.com, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser.
6.4 Fdcanet.com makes no warranty of any with respect to the information posted on this website. While Fdcanet.com makes every effort to ensure the accuracy of the data, this website could include typographical errors and technical inaccuracies. In addition, photos may not represent the actual properties.
6.5 You agree not to hold Fdcanet.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such agents or business owners on Fdcanet.com. In addition, Fdcanet.com does not endorse, warrant or guarantee the services or products of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on Fdcanet.com constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7. Attorney's Fees
7.1 Should any dispute arise concerning the terms or the interpretation of this agreement, agent or business owner shall be entitled to and be awarded reasonable attorney's fees and costs, whether incurred for negotiation, litigation or otherwise, in addition to other relief to which it may be entitled
8. Binding Arbitration
8.1 Any controversy or disagreement arising out of this agreement shall be determined by, and under the Commercial Rules of the American Arbitration Association. The hearing on such arbitration shall be held in Los Angeles County, State of California. wo xiAny such controversy shall be arbitrated by three arbitrators with at least five full years of experience in commercial litigation in Los Angeles County, and shall be appointed under the commercial rules. The arbitrators shall hear and determine said controversy in accordance with applicable law and the intention of the parties as expressed in this agreement, as the same may have been duly modified in writing by the parties prior to the arbitration.
8.2 Upon the evidence produced at an arbitration hearing scheduled at the request of any party, such pre-arbitration discovery shall be permitted as authorized under the commercial rules or state law applicable to arbitration proceedings. The award shall be executed by at least two of the three arbitrators, be rendered within thirty (30) days after the conclusion of the hearing, and may include attorney's fees and costs to the prevailing party. Judgment may be entered on the award in any court of competent jurisdiction not withstanding the failure of a party duly notified of the arbitration hearing to appear thereat.
Fdcanet.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement may not otherwise be modified, except in writing by an authorized officer of Fdcanet.com.
STANDARD TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
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