Terms of Use
This site is owned and operated by Five Directories, LLC.
The listing service is annual i.e. the fee of $99.99 (or $129.99 for the Top Space) needs to be paid each year in order to maintain your listing. Renewal reminders are sent out 2 weeks prior to, and on the expiration date. Failure to renew your listing will result in your space becoming available.
Five Directories, LLC is committed to minimizing fraudulent credit card transactions. We have
implemented a system of internal controls and verification to confirm the
validity of credit card transactions. Five Directories, LLC takes credit card information
seriously.
NO complete credit card information is included with our service. Once your
credit card is charged all information pertaining to the credit card is
permanently securely deleted, except for the last 4 digits of the credit card used.
This is kept for your convenience in reviewing your payment history.
We accept Visa, MasterCard, American Express and Discover as forms of payment.
Each credit card company has established policies and procedures that we as a
Merchant (seller) must adhere to. There are responsibilities that you as the
"buyer" must adhere to which could include proof that you are in fact
"the card holder" by means of reasonable identification (business or
other listed telephone number with the credit card company database that we can
verify).
Please contact American Express @ 1-(800) 528-5200, Discover @ 1-(800)
347-2000, VISA @ 1-(800) 228-1122 or MasterCard @ 1-(800) 826-2181 if you feel
like any of our "verification" policies are not in line with their organizational
policies. Please be aware that we make all
attempts to verify you as the "real cardmember" prior to processing the charge.
Terms of Use Agreement
Welcome to Five Directories, LLC, the service for real estate
professionals to advertise online, operated by Five Directories, LLC ("www.Five Directories, LLC").
By using the Five Directories, LLC Website, (the "Website") you
agree to be bound by these Terms of Use (this "Agreement"), whether
or not you purchase a listing space on Five Directories, LLC
("Member"). If you wish to become a Member and make
use of the Five Directories, LLC service (the "Service"), please
read these Terms of Use. If you object to anything in this Agreement do not use the Website
or the Service. The Terms of Use are subject to change by Five Directories, LLC
at any time, effective upon posting on the Five Directories, LLC website,
and your use of the Service after such posting will constitute acceptance by
you of such changes
1. Acceptance of Terms of Use Agreement.
(a) Electronic Agreement.
This Agreement is an electronic contract that sets out the legally binding terms of your use
of the Website and your membership in the Service. This Agreement may be
modified by Five Directories, LLC from time to time, such modifications to
be effective upon posting by Five Directories, LLC on the Website. By accessing the
Website or becoming a Member, you accept this Agreement and agree to the terms,
conditions and notices contained or referenced herein.
(b) Electronic Form.
By accessing the Website or becoming a Member, you consent to have this
Agreement provided to you in electronic form.
(c) Non-electronic Copy.
You have the right to receive this Agreement in non-electronic form. You
may request a non-electronic copy of this Agreement either before or after you
electronically sign the Agreement. To receive a non-electronic copy of this
Agreement, please send an e-mail to info@fivedirectories.com
(d) Withdrawing Your Consent.
You have the right at any time to withdraw your consent to have this
Agreement provided to you in electronic form.
(e) Access and Retention.
In order to access and retain this electronic Agreement, you must
have access to the World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated with such access.
In addition, you must use all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access device.
Please print a copy of this document for your records. To retain an electronic
copy of this Agreement, you may save it into any word processing program. Via,
the Website, we will notify you of any changes in the hardware or software
requirements needed to access and/or retain this Agreement that create a
material risk that you will not be able to continue to access and/or retain
this electronic Agreement.
2. Eligibility.
You must be at least eighteen (18) years of age to register as a member of
Five Directories, LLC or use the Website.
Membership in the Service is void where prohibited. By using the Website, you
represent and warrant that you have the right, authority and capacity to enter
into this Agreement and to abide by all of the terms and conditions of this
Agreement.
3. Membership and Subscription.
From time to time, Five Directories, LLC may remove the Portraits of non-subscribers.
Five Directories, LLC reserves the right to increase the price of Service.
4. Term.
This Agreement will remain in full force and
effect while you use the Website and/or are a Member. You may terminate your
membership and/or subscription at any time, for any reason, by sending an email to
info@fivedirectories.com
If you terminate your listing, your listing will remain active until
the end of your then-current subscription period (that is, the subscription
period through which you had paid prior to your termination). NO REFUNDS.
Five Directories, LLC may terminate your listing and/or subscription by sending notice to you at
the email address you provide in your application for membership, or such other
email address as you may later provide to Five Directories, LLC.
If Five Directories, LLC terminates your membership in the Service because you have breached this
Agreement, you will not be entitled to any refund of unused listing fees.
All decisions regarding the termination of accounts shall be made in the sole
discretion of Five Directories, LLC. Five Directories, LLC is not
required to provide you notice prior to terminating your membership and/or
subscription. Five Directories, LLC is not required, and may be
prohibited, from disclosing a reason for the termination of your account. Even
after your membership or subscription is terminated, this Agreement will remain
in effect. All terms that by their nature may survive termination of this
Agreement shall be deemed to survive such termination.
5. Non-commercial Use by Members.
Illegal and/or unauthorized uses of the Website, including collecting usernames
and/or email addresses of members by electronic or other means for the purpose
of sending unsolicited email and unauthorized framing of or linking to the
Website may be investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive redress. Use of
the Website is with the permission of Five Directories, LLC, which may be
revoked at any time, for any reason, in the sole discretion of Five Directories, LLC.
6. Account Security.
You are responsible for maintaining the confidentiality of the username and password that you
designate during the Registration process, and you are fully responsible for all activities that
occur under your username and password. You agree to (a) immediately notify Five Directories, LLC
of any unauthorized use of your username or password or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. Five Directories, LLC will not be liable for any loss or damage
arising from your failure to comply with this provision.
7. Content on Five Directories, LLC.
(a) Proprietary Rights.
Five Directories, LLC owns and retains all proprietary rights in
the Website and the Service. The Website contains the copyrighted material,
trademarks, and other proprietary information of Five Directories, LLC,
and its licensors. Except for that information which is in the public domain or
for which you have been given written permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such proprietary
information.
(b) Reliance on Content, Advice, etc.
Opinions, advice, statements, offers, or other
information or content made available through the Service, but not directly by Five Directories, LLC,
are those of their respective authors, and should not necessarily be relied
upon. Such authors are solely responsible for such content. Five Directories, LLC
does not: (i) guarantee the accuracy, completeness, or usefulness of any
information on the Service, or (ii) adopt, endorse or accept responsibility for
the accuracy or reliability of any opinion, advice, or statement made by any
party that appears on the Website. Under no circumstances will Five Directories, LLC
or its affiliates be responsible for any loss or damage resulting from your
reliance on information or other content posted on the Website or transmitted
to or by any Members.
8. Content Posted by You on Five Directories, LLC.
(a) You may not engage in advertising to, or solicitation of, other Members. This includes but
is not limited to solicitation or advertising to buy or sell any products or
services through the Service, or networking for commercial purposes. You may
not transmit any chain letters or junk email to other Members.
(b) All information you include in your Member Portrait must be accurate, current and complete.
9. Prohibited Activities:
(a) You will not impersonate any person or entity.
(b) You will not post, distribute or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior consent of the owner of such proprietary rights.
(c) You will not remove any copyright, trademark or other
proprietary rights notices contained in the Service.
(d) You will not interfere with or disrupt the Services or the
site or the servers or networks connected to the Services or the site.
10. Listing Charges on Your Billing Account.
Five Directories, LLC bills you through an online account for use
of the Service. You agree to pay Five Directories, LLC all charges at the
prices then in effect for any use of the Service by you or other persons
(including your agents) using your Billing Account, and you authorize Five Directories, LLC
to charge your chosen payment provider (your "Payment Method") for
the Service. You agree to make payment using that selected Payment Method. Five Directories, LLC
reserves the right to correct any errors or mistakes that it makes even if it
has already requested or received payment.
11. Modifications to Service.
Five Directories, LLC reserves the right at any time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. You
agree that Five Directories, LLC shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the
Service.
12. Copyright Policy.
You may not post, distribute, or
reproduce in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of such
proprietary rights. Without limiting the foregoing, if you believe that your
work has been copied and posted on the Service in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following
information: an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where the
material that you claim is infringing is located on the Website; your address,
telephone number, and email address; a written statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf.
13. Links.
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because Five Directories, LLC
has no control over such sites and resources, you acknowledge and agree that Five Directories, LLC
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products or other materials on or available from such sites or
resources.
14. Jurisdiction and Choice of Law.
If there is any dispute
arising out of the Website and/or the Service, by using the Website, you
expressly agree that any such dispute shall be governed by the laws of the
State of California, without regard to its conflict of law provisions, and you
expressly agree and consent to the exclusive jurisdiction and venue of the
state and federal courts of the State of California or Orange County,
for the resolution of any such dispute.
15. Indemnity by You.
You agree to indemnify and hold Five Directories, LLC,
its subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or arising out of
your use of the Service in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations and
warranties set forth above.
16. No Third Party Beneficiaries.
You agree that, except as
otherwise expressly provided in this Agreement, there shall be no third party
beneficiaries to this Agreement.
17. This Agreement contains the entire agreement between you
and Five Directories, LLC regarding the use of the Website and/or the
Service. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect.