The Nation's Leading Real Estate Professionals

TERMS OF USE AGREEMENT

This agreement is between you (USER) and Broker Agent News, LLC (HOST). You agree to be bound by this Agreement with your access or use of the PlatinumProducer.com web site.

The information and services provided by or through HOST is available to USER on the condition that this Agreement is accepted entirely by USER without modification of any terms, conditions or notices contained within this Agreement. You agree to all such terms, conditions or notices within this Agreement by the use of these Sites.

1. USE AND ACCURACY OF DATA
HOST is not engaged in rendering legal or other professional services and assumes no responsibility for any consequence to USER that may relate from any action or inaction that USER may take based on the information, services or other material provided by HOST.

HOST cannot guarantee that all information, services or other material is complete, accurate or timely and is not responsible for any damage or loss to USER as a result.

2. COPYRIGHTED MATERIAL
All information, services or other material provided by HOST are owned and copyrighted or licensed by HOST or its affiliates.

No reproduction, distribution, or transmission of the copyrighted materials is permitted without the written permission of HOST or its affiliate owner.

The personal use of HOST and affiliate material is allowed by USER. USER may not commercially reproduce, distribute, publish, exploit or otherwise transfer any copyrighted material without the express consent of HOST or its affiliate owner of the copyrighted material. The burden of determining that any HOST or affiliate material is copyrighted rests with USER. USER does not acquire any ownership rights by using HOST and/or affiliate copyrighted material.

3. PROHIBITED USE, TERMINATION
USER may not use this Site for any purpose that is unlawful or prohibited by the terms, conditions, and notices within this Agreement. Unlawful use or violation of this Agreement will terminate USER's permission to use the services of HOST.

USER must have the legal right to present any materials. USER agrees not to present any material referenced below:

-Material that violates the Federal Fair Housing Act or any other law.
-Vulgar, indecent, abusive, defamatory, racially offensive, hateful or bigoted statements, language or images.
-Copyrighted material without the express permission of the author or owner of the copyright on the material.
-Material that promotes illegal activities.

USER's permission to use services of HOST will terminate without liability if any of the foregoing material referenced above is presented by USER.

4. SYSTEM AVAILABILITY
USER acknowledges that there may be times when HOST's services are unavailable. USER agrees to hold HOST harmless from any claims and expenses, including reasonable attorney's fees and court costs, arising from site and system unavailability.

5. HOST AND AFFILIATE LIABILITY LIMITATIONS AND WARRANTY
ANY AND ALL HOST OR AFFILIATE CONTENT, SERVICES OR MATERIAL ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. USER AGREES THAT USE OF ANY AND ALL HOST OR AFFILIATE CONTENT, SERVICES OR MATERIAL IS ENTIRELY AT USER'S OWN RISK.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY THAT MAY BE CAUSED BY HOST OR ANY AFFILIATE.

The foregoing limitation may not apply to USER if USER resides in a state that does not allow limitation of liability.

6. INDEMNIFICATION
USER agrees to defend, indemnify and hold harmless HOST, its directors, officers, affiliates, agents, subcontractors and employees from and against all demands, claims, costs or expenses, liabilities, including reasonable attorneys' fees ("Liabilities") resulting from USER's breach of any obligation, representation or warranty set forth in this Agreement.

Notwithstanding any other provision in this Agreement to the contrary, if liabilities result from the gross negligence or knowing and willful misconduct of HOST, then USER shall have no obligation to indemnify or hold harmless HOST unless HOST is deemed comparatively at fault for the liabilities in which case USER shall have no indemnity to the extent of such comparative fault.

7. MERGER CLAUSE
This Agreement constitutes the entire agreement between HOST and USER with respect to the subject matter contained herein and supersedes any previous communications, agreements, written or oral between HOST representatives and USER.

HOST may amend or modify this Agreement or impose new conditions at any time and such modifications shall be effective immediately upon posting of the modified Agreement. Any use of this Site after such posting shall be deemed acceptance of the modified Agreement by USER.

8. LEGAL VENUE
Any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Arizona, in the County of Maricopa. USER agrees to personal jurisdiction by the state and federal courts sitting in the State of Arizona, County of Maricopa.