Terms of Use
Digital Photo Tour, LLC (referred to hereafter in this document as DPT) offers services to you, the "User",
conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your registration with DPT and/or use of DPT’s services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice.
Conditions of use
Neither DPT nor any providers of information make any warranties, express or implied, as to results to be obtained from use of such information, and make no express or implied warranties of merchantability or fitness for a particular purpose or use. DPT nor any of providers of information shall have any liability for the accuracy of the information contained in the service, or the contents of any advertisements, or for assertions or omissions therein. No party shall be liable to any other party or any third-party for third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. DPT reserves the right to remove any listings or any advertisements for any reason. In no case shall DPT be liable for any costs or events that occur beyond its control including, but not limited to, network outages, Internet connectivity problems and client side browser issues. The following disclaimer and terms of use apply generally to all postings to the DPT site It is hereby also understood that any person using the services of DPT will have been presented with this disclaimer and terms of use prior to doing so and, as such, be subject to its terms as indicated below.
Obligations of Sellers Registered with DPT
By completing your registration with DPT, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract;
b. You do not have an exclusive contractual arrangement with any Real Estate Professional;
c. You agree to be contacted via Email or other means by DPT regarding DPT’s services;
Content
You must evaluate the web page DPT creates for you, and bear the risk associated with, the accuracy, completeness or usefulness of any Content therein. DPT shall not be responsible for any Content. DPT screens and monitors all Content as a matter of policy and DPT shall have the right, but not the responsibility, to remove Content which is deemed in sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules DPT has in place at the time.
DPT Featured Vendors
From time to time DPT may include on its www.digitalphototour.com web site, third parity services that DPT feels may be of service to you. DPT posts these services on its site as a service to its Users who may be interested in such services. Such links are provided for your convenience and reference only. DPT is not responsible and makes no warranty or representation as to the quality or performance of the services offered. DPT advises all users to carefully review each third party service offering prior to engagement with any third party service provider.
Real Estate Services to Home Buyers and Sellers
DPT may refer real estate professionals to Users, but DPT does not engage in real estate broker services. Real Estate brokerage activities are performed by local Real Estate Professionals that have been referred to you by DPT. DPT may from time to time offer eligible Users promotional opportunities to use as incentives to use DPT 's services within a particular time frame. These opportunities may include but are not limited to discounts, rebates, gift certificates, or other incentives that are only available to Users who use a DPT affiliated real estate professional to buy or sell a home. User eligibly for a particular promotion will be defined in the terms of each promotion. Not all Users may be eligible to receive all promotional opportunities.
Modification Of DPT Services
DPT reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. DPT shall not be liable to any user or any third party should DPT exercise its right to modify or discontinue service.
INDEMNITY
As a condition of use of this Web site, you agree to indemnify DPT and its suppliers, distributors, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of DPT's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
PAYMENTS
A. On Time Payment
A User is expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. DPT may terminate or disable Users account if User fails to pay any amount due to DPT when due. If payment is more than thirty (30) calendar days past due an additional 15% of the balance, or the maximum allowable by law, whichever is less, may be assessed on the total amount of the late payment, and the entire amount unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. The User shall pay all costs of collection, including legal fees, incurred by DPT. The User is responsible for any premium Charges incurred in connection with the use of and/or by requesting or accessing DPT information, content, goods, product or services that are provided at an extra cost. All fees are quoted and payable in United States dollars. The User is also responsible for paying all applicable taxes for information, contents, goods, products or service.
B. Payment Methods
Users complete billing address and telephone number must be provided to process payments. DPT may accept bank drafts including personal checks, money orders, cashiers checks, and company checks. However, DPT may not credit the applicable account until additional procedures are completed and after the bank certifies receipt of funds - typically ten (10) business days. DPT may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
C. Account Discrepancies
A User may always contact DPT customer relations by e-mail or telephone concerning Charges or other
questions regarding the status of a account. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending e-mail, and in no event later than ninety (90) days after a questionable billing or other discrepancy should have been discovered, the User must write to the Customer Relations Department, Digital Photo Tour, LLC, 1439 West 2175 South, Syracuse, UT 84075 delivered by United States mail.
INTELLECTUAL PROPERTY
You agree that you will not upload or transmit any Content to DPT that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to DPT you
automatically grant -- or warrant that the owner of such Content has expressly granted -- DPT the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
DISCLAIMER OF WARRANTIES
You expressly agree that use of DPT and its services is at your own risk. DPT makes no warranty that DPT will be timely, secure, error free, or meet your requirements; nor does DPT make any warranty as to the results that may be obtained from the use of DPT or as to the accuracy or reliability of any information obtained through DPT. No advice or information, whether oral or written obtained by you from DPT shall create a warranty not expressly made herein. You understand and agree that any content downloaded or otherwise obtained through the use of DPT is done at your own discretion and risk and that you will be solely responsible for any damages to your computer or loss of data that results in the downloads of such content. To the full extent permissible under the applicable law, DPT shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use DPT or for the cost of procurement of substitute goods and services resulting from any goods or services purchased or obtained through your use of DPT.