Welcome to ArchRealtors.com!
Please read the following Terms and Conditions of Use (these “Terms”) carefully before using the ArchRealtors.com website (the “Site”) as they form an enforceable agreement between you and ArchRealtors.com (hereinafter referred to as “we”, “us” or “our”). By accessing or using the Site or any materials, information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other resources and content available on or at the Site (collectively, “Content”), you accept and agree to these Terms. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE OR ANY CONTENT.
1. Changes to these Terms
We reserve the right, in our sole discretion, to modify, add, or remove any of these Terms without additional notice to you. Any changes will be effective upon posting the revised Terms at the Site (or such later effective date as may be indicated at the top of the revised Terms). You are encouraged to review these Terms prior to each use of the Site for any changes. Your continued access to and use of the Site constitute your acceptance of such changes.
2. Access to the Site and Content
Access to and use of the Site by individual real estate buyers and sellers is free. We make no representations or warranties and provide no guaranties that any Content available at or through the Site is correct, complete or up-to-date. Content available at or through the Site is provided for informational purposes only and does not constitute and should not be construed to be business, financial or legal advice and should not be used as a substitute for seeking such advice as you determine to be appropriate. You should not act or refrain from acting on the basis of any Content available on or through the Site without seeking appropriate advice on your particular facts and circumstances from professional advisors in your state, all as you determine to be appropriate. We expressly disclaim all liability in respect to actions taken or not taken based on any Content available at or through the Site.
Content available at or through the Site is offered only in jurisdictions where it may be legally offered. You agree not to access or use the Site or any Content for any purpose that is unlawful or prohibited by these Terms.
3. Information for Real Estate Buyers and Sellers
ArchRealtors.com is an online marketplace that allows real estate brokers, agents, vendors and other third parties (herein “Third-Party Providers”) to market their services to individual real estate buyers and sellers. While we are a licensed brokerage pursuant to the laws of the State of Missouri, we are not providing real estate brokerage or agency services through the Website in any jurisdiction.. Accordingly, your use of the Site or submission of any information to us does not create a real estate broker/agent relationship between you and us. Moreover, your access to and/or any communication with any Third-Party Providers you find directly or indirectly via the Site, by post of otherwise, does not create a real estate broker/agent relationship between you and such Third-Party Providers or their partners, employees, representatives or affiliates.
We make no representations or warranties concerning the truthfulness, accuracy or completeness of any information posted or statements made by any Third-Party Providers on or through Site or otherwise. The Third-Party Providers you contact through via the Site are solely responsible for any information, statements and warranties provided to you, and for any services or products they may provide to you. You acknowledge and agree that we will not be liable for any damages, costs, losses or other liabilities of any type arising out of or in any way related to your use of or reliance on any information, statements or warranties made by any Third-Party Provider or any services or products they may provide to you. Moreover, you agree that any claim arising out of your relationship with any Third-Party Provider found directly or indirectly through the Site will be brought exclusively against such Third-Party Provider and not against us or any of our affiliates.
By accessing or using the Site or any Content, or by completing and submitting any information or requests to us at or through the Site, you understand, acknowledge and agree as follows:
(a) You are of legal age and otherwise capable of forming a legally binding contract.
(b) We are a referral marketplace and will not be representing you as your real estate broker or agent and do not offer or provide any advice in regard to any request you may make at or through the Site.
(c) We may use and release any information you provide or requests you submit to us to one or more Third-Party Providers in an effort to connect you with parties who may be able to assist you with buying or selling real estate, as we determine to be appropriate in our sole discretion and without any obligation to do so. Information you provide or requests you submit may be sent to Third-Party Providers by e-mail, telephone, text messaging and other means of business communication. You may be contacted by one or more Third-Party Providers via telephone, e-mail, text messaging or other means of communication as a result of your use of the Site and/or your submission of information or requests at or through the Site. You consent to any and all such communications, regardless of any other restrictions that might otherwise apply, including the inclusion of your contact information on any no-call lists or registries. In no event is any Third-Party Provider obligated to contact you about any information you submit or request you make at or through the Site, but rather may or may not do so at its sole discretion
(d) We may contact you using the information you provide to us for the purpose, among other things, of (i) connecting you with Third-Party Providers who may be able to assist you with buying or selling real estate; (ii) providing notices about your use of the Site or any Content, including any notices concerning violations of use; (iii) providing notices of updates to the Site and/or any Content if and as we determine to be appropriate in our sole discretion; (iv) sending promotional information and materials regarding our services and products and/or the services and products of Third-Party Providers.
(e) We do not validate, investigate or endorse any Third-Party Providers you may find directly or indirectly via the Site.
(f) You are not required to use the services or products of any Third-Party Providers you may find directly or indirectly via the Site. The decision to use any such services or products and/or to work with or engage any such Third-Party Providers is yours alone, and any arrangements, understandings, agreements or relationships between you and any such Third-Party Providers are strictly between you and such party and we will have no liability therefor or in connection therewith. You are encouraged to seek legal, tax, financial and other advice in connection with any such arrangements, understandings or agreements as you deem appropriate.
(g) We make no such representations, endorsements, recommendations or warranties concerning the services or products of any particular Third-Party Provider you may find directly or indirectly via the Site. We have no direct affiliations to or with any such Third-Party Providers. We will not be liable for any claims, damages, costs, losses or other liabilities of any nature arising out of or related in any way with your contact or communication with any Third-Party Providers or your use of any services or products provided by any of them.
(h) All information you submit or provide at or through the Site will be accurate, current and truthful.
(i) We may receive payments from Third-Party Providers in connection with the services we provide. These payments may include referral fees based on the percentage of the commissions received by real estate brokers and agents involved in the real estate transactions with you. Any such payments are subject to separate agreements between us and the particular Third-Party Providers.
4. Information for Real Estate Brokers and Agents
By accessing or using the Site or any Content, or participating in any services available at or through the Site, as a real estate broker or agent, you understand, acknowledge and agree as follows:
(a) You are of legal age and otherwise capable of forming a legally binding contract.
(b) You are in compliance with all applicable real estate licensing laws, rules and regulations.
(c) You have all licenses and permits required to act as a real estate broker, real estate broker-salesperson, real estate salesperson or in any other capacity on behalf of any real estate buyers or sellers you connect with via the Site or through the services we provide.
(d) You will provide truthful, accurate, current and complete information and agree to promptly update your information to keep it truthful, accurate, current and complete. The information you provide will be public information available on the Site and the information you provide will be free of private addresses, pictures and information about you that you do not want to be published as public information on the Site. You are solely responsible for all information that you provide to us and/or to any real estate buyers or sellers. Any and all claims, cause of actions, violations of laws, rules and regulations arising out of the information you provide or the statements, representations and warranties you make will be your sole legal and financial responsibility and you will hold us and our affiliates, and our managers, members, directors, officers, employees, agents and representatives harmless from any and all such claims and cause of actions.
(e) You are responsible for the truthfulness, accuracy, and completeness of all information you provide and all representations you make to potential real estate buyers and sellers about your services and products and there is no partnership, agency, employment or joint liability relationship between you and us.
(f) As a real estate broker, real estate broker-salesperson, or real estate salesperson, you acknowledge that rules of professional conduct apply to your participation in the Site, including in respect of confidentiality, advertising, solicitation of clients/customers, licensing, and due care and loyalty, and that you will abide by such rules. You will abide by any applicable Code of Ethics and Standards of Practice for your industry. We disclaim all responsibility for your compliance with these rules.
(g) You are required to pay fees to us in connection with the services we provide to you at or through the Site, including referral fees based on the percentage of commissions received by you in connection with any real estate transactions that originated at, by or through the Site or the services we provide to you. We may ask you to further confirm your agreement to these compensation arrangements in separate referral agreements, which you agree to promptly execute.
(h) We reserve the right to terminate your use of, access to or participation on the Site and/or your use of any Content or any other services we may provide at any time and for any reason at our sole discretion.
5. User Code of Conduct
By accessing or using the Site or the Content, or participating in any services available at or through the Site, you understand, acknowledge and agree as follows:
6. Additional Restrictions on Use
Your right to access and use the Site and any Content or services available at or through the Site subject to the following additional restrictions on use. You may not (1) copy, print (except for the express limited purpose permitted by Paragraph 8 below), re-publish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site, or any information or materials retrieved therefrom; (2) use the Site or any other materials from the Site to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of the Site or any other materials from the Site; (4) use the Site or any other materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of ours or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (6) make any portion of the Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, without our express written consent; (7) remove, disable, defeat or change any functionality or appearance of the Site; (8) decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Site; (10) use the Site for the purpose of gathering information for or transmitting (a) unsolicited commercial e-mail; (b) e-mail that makes use of our name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Site in a manner that violates any state or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws and regulations of the United States.
7. Intellectual Property Rights
You understand and acknowledge that the Site, the Content and any software used in connection with the Site may contain proprietary and confidential information belonging to us or Third-Party Providers, or which others have licensed to us or Third-Party Providers (the “Intellectual Property”), and which is protected under applicable intellectual property and other laws. Except for the limited license contained in Paragraph 8 below, nothing in these Terms grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, in any Intellectual Property. You agree that all right, title and interest in the Intellectual Property belongs exclusively to us, Third-Party Providers or other licensors, as applicable. You may not use any such Intellectual Property except as expressly permitted in these Terms or applicable law.
Except with our express prior written consent or as otherwise expressly permitted in these Terms, you shall not and shall not permit others to: (a) copy, photocopy, reproduce, translate or reduce any part of the Site, the Content or any other Intellectual Property to any electronic medium or machine-readable form, in whole or in part; (b) publish, distribute, sell, or otherwise access or use any material or information, including any Intellectual Property, retrieved or downloaded from or contained in or on the Site or in the Content in any manner whatsoever that may infringe any copyright or proprietary interest of us, any Third-Party Provider, licensor or other person; (c) download, distribute, rent, sublicense, lease, loan, sell, transfer, assign, enter into a database, display, modify, post or use on any other computer-related environment, any information or materials, including any Intellectual Property, retrieved or downloaded from or contained in or on the Site or in the Content; or (d) de-compile, disassemble, or otherwise reverse-engineer the Site or the Content or any other information, including any Intellectual Property, downloaded from or contained in or on the Site or the Content or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer or use may be a violation of criminal as well as civil law.
8. Limited License
You are granted a non-exclusive, nontransferable, revocable license (a) to access and use the Site strictly in accordance with these Terms; (b) to use the Site solely for internal, personal, noncommercial purposes; and (c) to print out discrete information and search results from the Site solely for internal, personal, noncommercial purposes and provided that you maintain all copyright and other notices contained therein.
9. Suspension or Termination of the Site, Content or User Access
We reserve the right to suspend or shut down the Site (or any part thereof), remove any Content from the Site, suspend or terminate your access to the Site, temporarily or permanently, as we may determine to be appropriate in our sole discretion and without notice or liability to you. You understand that in any such event any information you have submitted at or through the Site may be lost. You are encouraged to keep an independent record of any such information. We will have no liability or responsibility for the loss of any information submitted at or through the Site or for the loss or deletion of any Content, regardless of cause. Without limiting the generality of the foregoing, you expressly acknowledge and agree that we will have no liability to you or any other party for any claim for incidental, special, punitive or consequential damages, lost profits, any costs or expenses for procurement of substitute services, or any other indirect damages, whether arising in contract, tort (including negligence) or otherwise arising out of or related to any modification, suspension, termination, removal, loss, discontinuance or unavailability of the Site or any Content.
10. Links to Third Party Sites
The Site and/or the Content may contain “hyperlinks” to websites, applications, special offers or other services, events or activities offered or operated by others, including Third-Party Providers (the “Linked Sites”). Unless otherwise expressly stated, we do not endorse or assume any responsibility with respect to any Linked Sites, any Content available at or through any Linked Sites, or any services or products offered through any Linked Sites. Any transaction that you conduct at a Linked Site will be between you and the party providing that Linked Site. This means that we are not your agent and are not a party to any transaction you engage in at or through a Linked Site. If you choose to access any Linked Site, you do so at your own risk, and your use of any such site is subject to its own terms of use and privacy policy, which you should review. The presence of a hyperlink to another website does not constitute or imply our endorsement, sponsorship, affiliation or recommendation of the third party or of the content, products, or services contained on, or available through, the Site.
11. Copyright Policy
We respect the intellectual property rights of others, and we ask that you do the same. It is our policy to comply with the terms and provisions of the Digital Millennium Copyright Act (DMCA). In connection therewith, we reserve the right to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We will also disable and/or terminate access to and use of the Site and the Content by users who we believe are infringing copyrighted works. By submitting any information or materials to us, you are granting permission to have this information or material posted on or at the Site, and are representing that you are the rightful owner of the submitted information and materials, and that no one else may claim rights thereto.
If you believe that your work has been used in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the DMCA, to our Designated Agent, who can be reached as follows:
By mail:
DMCA Designated Agent
Christopher M. Roeseler, REALTOR©
3636 S. Geyer Road, Suite 100
Saint Louis, MO 63127
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
Any other helpful information (e.g., a copy of any copyright registration) would also be appreciated. This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Once a DMCA notice is received, we will review your notice. If your notice contains all of the appropriate information under the DMCA, and if we believe in good faith that the material in question is being used in a way that constitutes copyright infringement, then we will promptly remove or disable access to the infringing material.
If material that you have posted on or at the Site or in any Content has been removed or disabled due to alleged copyright infringement, you may send our DMCA Designated Agent a counter-notification containing the following information:
Once received, we will review your counter-notification and will take action that we believe in good faith to be appropriate.
12. Privacy Policy
We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of personal information, including your registration data. Our Privacy Policy is available by clicking here. By accessing or using the Site or any Content, you accept and agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into these Terms.
13. LIMITATION OF DAMAGES AND LIABILITY
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, PROFIT, GOODWILL, USE, DATA, BUSINESS OPPORTUNITY OR OTHER ECONOMIC ADVANTAGE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED IN ANY WAY TO: (a) YOUR USE OF OR ACCESS TO THE SITE OR ANY CONTENT, OR YOUR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT; (b) THE COST OF ACQUIRING SUBSTITUTE SERVICES OR PRODUCTS RESULTING FROM ANY SERVICES OR PRODUCTS PURCHASED OR AVAILABLE AT OR THROUGH THE SITE, INCLUDING SERVICES AND PRODUCTS PROCURED FROM ANY THIRD-PARTY PROVIDERS, OR ANY TRANSACTIONS ENTERED INTO AT OR THROUGH THE SITE; (c) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING ANY THIRD-PARTY PROVIDER; (e) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED OR AVAILABLE THROUGH THE SITE; OR (f) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES IN QUESTION, IF ANY.
THESE LIMITATIONS SHALL APPLY REGARDLESS OF HOW ANY ALLEGED DAMAGES ARISE, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORTIOUS ACTION.
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE SITE OR ANY CONTENT, AND BY AGREEING TO THESE TERMS, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, §1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.
14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR USE OF, ACCESS TO AND/OR RELIANCE ON THE SITE OR ANY CONTENT OBTAINED FROM OR AVAILABLE AT OR THROUGH THE SITE AND/OR ANY CONTENT IS AT YOUR OWN RISK. THE SITE, ALL CONTENT, SOFTWARE, PRODUCTS, SERVICES, IDEAS, AND OTHER INFORMATION INCLUDED ON OR AVAILABLE AT OR THROUGH THE SITE AND/OR IN ANY CONTENT, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND BY US. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT OR MATERIALS INCLUDED ON OR AVAILABLE AT OR THROUGH THE SITE AND/OR ANY CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE AND/OR ANY CONTENT WILL BE AVAILABLE OR ACCESSIBLE AT ANY PARTICULAR TIME OR WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ITS SERVER AND/OR ANY CONTENT WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR ANY OTHER MATERIAL OF ANY KIND INCLUDED ON OR AVAILABLE AT OR THROUGH THE SITE AND/OR ANY CONTENT FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHIC CONTENT. WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN TRANSMISSIONS OR RECEIPTS OF ANY INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, SOME OF THE LIMITATIONS ABOVE IN PARAGRAPH 13 AND PARAGRAPH 14 MAY NOT APPLY TO YOU.
15. Indemnification.
You agree to indemnify, defend and hold us and our shareholders, members, managers, directors, officers, employees, agents and licensors harmless from and against any and all claims, causes of action, demands, liabilities, damages, losses, expenses (including reasonable attorneys’ fees and costs) and assessments (including tax assessments) arising out of or in any way due or related to: (a) your access to or use of the Site or any Content; (b) any services, products, Content, ideas, information, or other materials available at or through the Site and/or any Content; (c) any arrangement, agreement or relationship which you may have with any Third-Party Providers; (d) your breach or purported or threatened breach of these Terms, including our Privacy Policy; (e) any User Content you submit, post to or transmit through the Site; (f) your violation or purported or threatened violation of any rights of any other person or entity or of any applicable laws, rules, regulations or rights; or (g) any of the foregoing activities carried out by a person using or accessing the Site or any Content through your account or with your password, with your permission. You agree to cooperate fully with us in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms.
16. Use of the Site by Children
Our Site is not intended for use by children under 13 years of age. We would never knowingly collect personal information from or about children under the age of 13. If you are under 13 years of age, please do not use our Site or provide any of your personal information to us. If you are a parent of a child under the age of 13 and become aware that your child may have provided their personal information to us, please contact us using the information and methods provided in the “How to Contact Us” section of our Privacy Policy.
17. Governing Law; Venue
By accessing or using the Site or any Content, you expressly agree that the agreement entered into by your acceptance of these Terms was made entirely within the State of Missouri USA, and that your rights and obligations under these Terms shall be governed by and interpreted in accordance with the laws of the State of Missouri USA, excluding its choice of law rules. Any legal action or proceeding relating to your use of or access to the Site or any Content or any other matter relating to these Terms shall be instituted exclusively in the Circuit Courts located in St. Louis County, Missouri USA or in the United States District Courts for the Eastern District of Missouri USA . We and you agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal proceeding or action. These Terms expressly exclude and disclaim the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving the Site or any Content.
18. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, use of or access to the Site or any Content and/or the relationship between you and us must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. Consent to Electronic Notices and Other Communication
You agree that all transactions and communications with us relating to these Terms, the Site and/or any Content, may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. If you do not wish to deal with us electronically, you should not access or use the Site and/or any Content. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after sent electronically, unless (for email) we are notified that the email address is invalid.
20. Print a Copy for Your Records
You are encouraged to print or make an electronic copy of these Terms (and any amendments from time to time) and retain such copy in your records.
21. Assignment
You may not assign your rights or obligations under these Terms, in whole or in part, without the written consent of our authorized representative in a non-electronic record, and any assignment without such consent will be voidable at our option. These Terms will inure to the benefit of and bind you and us and our respective successors and permitted assigns. We may assign these Terms and/or our rights hereunder to any of our successors or any purchaser of substantially all of our assets.
22. Entire Agreement; Severability; No Waiver
These Terms (including our Privacy Policy) are the entire agreement between you and us in regard to the use of and access to the Site and any Content. No provision in these Terms shall be deemed waived by us except in a signed, non-electronic writing signed by our authorized representative.
23. Severability; No Partnership or Joint Venture
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and us and/or any company commonly owned by or with us as a result of these Terms or your access to or use of the Site and/or any Content.
24. Headings
Headings contained in these Terms have been included for convenience only and in no way define, limit, or extent the scope of these Terms or the intent of any provisions hereof.
End of Terms and Conditions of Use