11. DISCLAIMER OF WARRANTIES.
LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an 'As Is' and 'As Available' basis. LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S makes no warranty that its services or products will meet your specific requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
12. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S and its contractors, agents, employees, officers, directors, independent contractors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S whether or not on YOUR behalf, and whether or not with Your permission ) use of the products or services You purchased or freely use from LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of you elsewhere. Should LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S be notified of a pending law suit, or receive notice of the filing of a lawsuit, LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S may seek a written confirmation from you concerning your obligation to indemnify LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S shall have the right to participate in the defense of
any such claim through counsel of its own choosing. You agree to notify LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S of any such claim promptly in writing and to allow LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S to control the proceedings. You agree to cooperate fully with LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S during such proceedings. You agree You will not be entitled to a refund of any fees paid to LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S if, for any reason LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S takes corrective action with respect to Your improper or illegal use of its products, services, seminars or websites.
13. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the State of Washington. You agree that the laws and judicial decisions of King County, Washington, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of King County, Washington. For the adjudication of disputes concerning the use of any domain name registered with LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S, You agree to submit to jurisdiction and venue in the US District Court for the District of King County, Washington. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
14. NOTICES.
You agree that all notices (except for notices concerning breach of this Agreement) from LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S to you may be posted on our Website. Notices concerning breach will be sent either to the email or postal address you have on file with LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S. In either case, delivery shall be deemed to have been made five (5) business days after the date sent.
Notices from You to LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S shall be made by sending notice to the address provided on the LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S Website or first class mail to LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S's address at:
laptop™ real estate, inc.
5400 Carillon Point
Kirkland WA 98033
15. HEADINGS
The Headings in the Agreement are descriptive only and in the event of a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
16. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements, such as the LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S Enrollment Contract or other agreements, it refers constitute the complete and only Agreement between You and LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S regarding the Services contemplated herein.
17. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
18. WAIVER.
The failure of LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S to enforce any of the provisions within this Agreement or its incorporated agreements and policies against you or others shall not be construed to be a waiver of the right of LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S thereafter to enforce such provisions.
19. FORCE MAJEURE.
LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S will make every effort to keep its Website and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S liable for any of the consequences of such interruptions and no refunds shall be warranted.
20. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this agreement.
21. ATTENDANCE AT EVENTS OR CALLS / MEETINGS / SEMINARS / AD & PIC UPLOADS
I agree that I am freely and willingly participating in the LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S seminars, testimonials, coaching calls, webinars, seminars, conferences and meetings, and do hereby grant LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S, AllForeclosuresListed.com, laptoprealestate.com, laptop™ real estate, inc. and or any of its associates, referrals and officers or designated entities permission to display, record and duplicate recordings of any and all, but not limited to, conference presentations, blog, webcasts, promote your ads, teleseminars, testimonials, questions and answers, coaching calls, etc.
I understand that I will not receive any compensation either financially or in any other form, neither implied nor inferred, from the sale of these recordings and the above mentioned record and duplicate recordings of any and all, but not limited to, conference presentations, blog, webcasts, promote your ads, teleseminars, testimonials, questions and answers, coaching calls, etc., regardless of the product format (audio, visual, written, etc.) and further authorize the use of other designated entities, voice and/or likeness on the aforementioned.
Any funds from the sale of these recordings past, future or present will be exclusively for the benefit of LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S. LAPTOP™ REAL ESTATE, INC. AND OR ANY OF ITS ASSOCIATES OR ONLINE URL’S shall own all rights to any and all such works and may make any use or nonuse of such works without payment or obligation to the attendee, student or customer, or independent contractor.