Terms and Conditions
Updated: November 18, 2011
You must read, agree with and accept all of these Terms and Conditions (the “Terms”) before you may use the Site or the Services. These Terms are effective upon the earlier of: (i) your first use of the Site or Services for any reason; (ii) acceptance of these Terms by new users; or (iii) the Effective Date noted on the posted version of these Terms on the Site. Career Exposure may elect to discontinue offering the Site(s) or the Services, or any portion thereof, at any time for any reason, with or without advance notice.
Terms apply to the following site(s), severally and collectively: LuxuryPropertyDomains, ExclusiveDomainProperties and sites of The Career Exposure Network (Career Exposure, Inc. an Oregon Company) known hereafter as Career Exposure.
We may amend this User Agreement (Agreement) at any time by posting the revised terms on Career Exposure’s site(s). The revised terms of the contract shall automatically be effective after they have been posted on the web site(s).
1. Eligible Users
Use of the Site(s) and Services is restricted to persons who: (a) are at least 18 years old, and (b) reside, or have a business address within the United States. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. If you are not yet 18, do not have the capacity to enter into contracts, or are accessing this Site from any country where material on this Site is prohibited or illegal, you do not have permission to access the Site(s) or the Services.
Accessing the site’s Services, products, or contents available on our Site, except as expressly allowed through instructions and truthful statements by the User, in regard to use of this Site from places where their contents are illegal, is prohibited. Those who choose to access our Site(s) do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.
2. Modification of This Agreement
Career Exposure may amend these Terms at any time by posting the amended terms on the Site or sites. Except as stated below, all amended terms shall automatically be effective at 12:01 AM on the Effective Date, which in most cases will be no less than 30 days after the amended terms are initially posted on the Site, or upon your access to the Site and Services after the posting date, whichever occurs first. The posting date and effective date for these Terms are noted at the top of this document. Except as provided in this Section 2, these Terms may not be amended or modified except in a writing signed by you and Career Exposure.3. Acceptable Use
At all times your use of the Site(s) and Services must be in compliance with these Terms. If you violate these Terms, Career Exposure may, in its sole discretion, with or without notice, terminate your access to the Site and Services.
As a condition of your use of the Site(s) and Services, you warrant to Career Exposure that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Prohibited uses include, but are not limited to: competitive analysis (including copying and/or providing screen shots, which are copyrighted material owned by Career Exposure); and/or any use with the potential to infringe the rights of any third party.
In addition, you hereby represent and warrant that: (a) you are an eligible user (see Section 1, Eligible Users); (b) you have provided accurate and complete information in connection with your use of the Site and Services (all such information collectively referred to as "Your Information"), and (c) you will update Career Exposure to ensure that Your Information remains accurate and complete.
3.1. Use of the Site and Services
You may not use the Site or the Services to:
Career Exposure does not condone or allow spam. Career Exposure will cooperate with legal authorities and Internet service providers in releasing information about users who violate the terms of these Terms or posted policies.
3.2. Privacy and Confidentiality
Protecting your privacy and the personal information you provide us is a top priority at The Career Exposure Network. For this reason, Career Exposure does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Please read the Privacy Policy, which is hereby incorporated by reference, to learn more about the policies and procedures Career Exposure has put in place.
You agree not to share any information provided to you by or on behalf of Career Exposure with any third party except as expressly permitted herein. If you sell or otherwise distribute goods or services that compete with or may otherwise serve as a substitute for products or services sold or otherwise distributed by Career Exposure via the Site or offered by the Site, you may not: (a) use or acquire, or have any other person use or acquire on your behalf, the products or services of the Services or the Site for which you offer competing or substitute products or services; or (b) advertise, promote, market or solicit offers to acquire such competing or substitute products in connection with your use of the Services or the Site.
Career Exposure reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in Career Exposure’s sole discretion, without notice at any time.
3.3. Violations of Acceptable Use
Upon suspicion of violation of the acceptable use terms of the Site or Services, Career Exposure may elect to suspend or terminate your user account and/or access and use of the Site or Services, or any portion thereof, at any time with or without advance notice.
You are responsible for safeguarding the confidentiality of any password(s) and login name(s) issued to you by Career Exposure and for any use or misuse of your account or the Services or the Site resulting from any third party accessing your Career Exposure user account or otherwise using a password or login name issued to you. You agree that you will notify Career Exposure immediately of any known or suspected unauthorized use, breach of security, or violation of these Terms, on or relating to the Site.
4. Domain Purchases
The following terms and conditions relate to the purchase of Domains offered by LuxuryPropertyDomains.com/ ExclusiveDomainProperties.com &/ or any other sites of The Career Exposure Network.
4.1 Listed Prices
All offered prices listed on the Site(s) and Services represent only an offer to deal, and are subject to change by Career Exposure at any time.
4.2. Domain Disclaimers
Before entering into a binding agreement to purchase a Domain and/or accessing Career Exposure’s Site(s) and Services, you must perform, and are responsible for, all research necessary to ensure that you are aware of any factors affecting your registration and use of the Domain, including, but not limited to, the applicable annual registration fees required to maintain your registration and use of the Domain, that your prospective use of the Domain will not infringe the rights of any third parties, and that you have all the information necessary to make an informed purchasing decision.
Not all domain extensions are alike, and certain top-level domains (TLDs) carry abnormal registration policies, restrictions, prices and other associated fees. You are responsible for conducting all research necessary to make yourself familiar with the rules, regulations and fees of the associated registrar for the contemplated Domain prior to entering an agreement to purchase or sell a Domain. You agree that Career Exposure shall not be held responsible for any abnormal registration policies, prices or fees.
Domains are the result of, and are subject to, all of the conditions, limitations, and restrictions contained in Domain registration agreements between the Seller and a third-party Domain registrar or other service provider. As such, the transferability of Domain registration may be limited, prohibited, or otherwise subject to conditions imposed by the Domain registrar or service provider. Nothing in these Terms or on the Site shall be construed to imply that Career Exposure possesses any rights to a Domain beyond those specified in Career Exposure’s agreement with the relevant Domain registrar or service provider. When referencing a Domain as the object of a purchase and sale transaction within these terms, Domain shall refer to any rights Career Exposure may possess with regard to the registration of a particular Domain under its Domain registration agreement with a Domain registrar.
4.3. Binding Offers
If you make an offer for the conclusion of a purchase of a Domain, then you are bound to that offer for 3 business days. Due to the binding nature of offers to purchase Domains, you should review the Domain listing carefully and perform all necessary research on suitability for intended uses to avoid mistake before submitting a binding offer. Mistake does not relieve you of your obligation to purchase a Domain once a binding offer has been accepted. Your offer shall lapse if Career Exposure rejects the offer, accepts another offer, submits a counter-offer, or the binding time period is allowed to lapse. A belated acceptance of the offer or a counter-offer shall be considered to be a new offer.
Any “Offer to Sell” made to a buyer by the Seller or any price quoted by the Seller to any Buyer is only valid for a seven day (7) period from the date that the “Offer to Sell” is e-mailed to the Buyer. The Buyer must within such seven (7) day period, accept the Offer in writing via email AND start a transaction with Moniker Escrow (Escrow Company) and fund the full purchase price with Moniker Escrow (in accordance with Moniker Escrow rules and regulations). In the event the buyer fails to accept the Seller’s “Offer to Sell” within such 7 day period as detailed herein, then the Sellers Offer to Sell shall be deemed null and void. The Seller’s Prices are subject to change at any time, without notice and the posted price may not reflect the most recent price change. All domains are subject to prior sale, or withdrawal of sale by the Seller at any time for any reason.
4.4. Domain Transfer and Escrow Service
To process payment for and transfer of the Domains, Career Exposure utilizes the escrow service provided by Moniker Online Services LLC (“Moniker Escrow”), and the terms and conditions of the Moniker Escrow (available here https://www.moniker.com/legal/escrowterms.jsp) are incorporated herein by reference. assistance with the purchase and transfer of ownership of Domains. Moniker Escrow acts as a secure technical and financial intermediary and will hold the purchase price in escrow for you while Career Exposure transfers ownership of the Domain to you. Upon conclusion of the Domain transfer process, Moniker Escrow will release your funds from escrow and forward the purchase price to Career Exposure less applicable fees.
Please note that the transfer of the Domain and Moniker Escrow service is limited to the Domain and the purchase price. Content, data, programming or other elements of the website/project and/or any additional consideration included in the purchase transaction are outside the scope of the Domain Transfer and the Moniker Escrow service and not are protected as such. You and Career Exposure will arrange for the transfer of any and all elements of a transaction outside the Domain and purchase price on mutually agreeable terms.
4.5. Management of Domain Transfer
After reaching agreement for the purchase and sale of a Domain, Career Exposure shall contact you via email to request the transfer of the amount due to Career Exposure’s escrow account, where it will be safeguarded until transfer of Domain ownership has been completed. Upon said request, you are obligated to remit payment of the amount owed to Career Exposure’s escrow account (see Moniker Escrow for further information on the secure process)
Once the full amount of the purchase price owed has been received by Career Exposure’s escrow account, the process of transferring ownership of the Domain from the former owner (Career Exposure)to the new owner (you) shall commence. Career Exposure shall then instruct you as to the required steps and best practices involved in the technical domain name registration transfer process. Career Exposure can only ensure the prompt and orderly transfer of Domain ownership if Career Exposure’s instructions are strictly followed. As such, you are obligated to provide the required cooperation to Career Exposure. Failure to cooperate may be considered by Career Exposure as a material breach of these Terms.
Upon successful transfer of the Domain to you, payment of the purchase price owed to Career Exposure shall be remitted in a timely manner. A successful transfer of ownership of the Domain has taken place when you have gained technical control of the Domain and are capable of updating the Domain's WHOIS record.
In the event that the transfer of ownership is ultimately unsuccessful, the full payment submitted to Career Exposure’s escrow account shall be returned to you. It will not be considered an ultimate failure of the transfer if the unsuccessful transfer of the Domain to you is solely due to the fact that you have not undertaken the further required cooperative actions required on your part after the payment of the purchase price and any additional fees if relevant.
It is buyer’s responsibility from the date of transfer to pay all registration fees as they may come due. The seller shall not have any liability or responsibility to pay the fees on the domain, which shall arise after the date of transfer.
5. Liability Disclaimers and Indemnification
Career Exposure MAKES NO WARRANTIES AS TO THE EXISTENCE OF CONFLICTING PRIORITY RIGHTS OF ANY THIRD PARTIES REGARDING ANY DOMAIN NAME. FAILURE TO PERFORM AN EXAMINATION OF THE DOMAIN NAME FOR THE EXISTENCE OF CONFLICTING RIGHTS, INCLUDING, BUT NOT LIMITED TO, PRIORITY OWNERSHIP RIGHTS, TRADEMARK RIGHTS, AND/OR VIOLATION OF ANY APPLICABLE LAW, IS YOUR SOLE RESPONSIBILITY.
Career Exposure is in no way responsible for the content of any web site owned or operated by a third party that may be linked to or from the Site or Services via hyperlink, whether such hyperlink is provided by Career Exposure or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any web site to which the Site may link, including information on the web site regarding the Career Exposure Site(s) or Services. By providing access to other web sites, neither Career Exposure ...nor its affiliates are recommending the purchase or sale of the stock issued by any company, nor are they endorsing products or services offered by any web site's sponsoring organization.
YOU AGREE THAT USE OF CAREER EXPOSURE SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. CAREER EXPOSURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CAREER EXPOSURE MAKES NO WARRANTY THAT YOU MAY USE THE DOMAIN OR THAT YOU MAY TRANSFER THE DOMAIN WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. CAREER EXPOSURE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES CAREER EXPOSURE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY CAREER EXPOSURE IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM c OR THROUGH THE SERVICES PROVIDED BY Career Exposure SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to these Terms, the Site, or Career Exposure’s products or Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
IN NO EVENT SHALL CAREER EXPOSURE, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Career Exposure’s LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD SEDO AND (AS APPLICABLE) SEDO'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
6. Intellectual Property
All content, database information, data and services available on, and collected as a whole through this Site, are property of Career Exposure, its affiliates, advertisers and licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the United States and internationally. All rights not expressly granted herein are fully reserved by Career Exposure, its affiliates, advertisers, and licensors. Career Exposure’s licensors' or other third-party materials, services or products referenced on this Site are common law or registered trademarks or service marks of such parties.
Solely to enable Career Exposure to use your information, so that we are not violating any rights you might have in such information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, licensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to Your Information. Career Exposure will only use Your Information in accordance with our Privacy Policy.
All contents of the Site are: Copyright 2011/ Career Exposure and/or its suppliers. All rights reserved. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Career Exposure reserves any rights not expressly granted herein.
7. Term and Termination
Career Exposure may terminate these Terms and your access to the Site and related Services at any time, with or without cause, and with or without notice. Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or Career Exposure’s systems. Career Exposure is under no obligation to maintain any such data or information.
8. Miscellaneous
Career Exposure manages the Site(s) and Services from its offices in Oregon. The laws of the Oregon, USA, without regard to its choice of law rules, govern these Terms. You hereby consent to the jurisdiction of, and venue in, courts located in Clackamas, Oregon, USA in all disputes arising out of or relating to Career Exposure the Site(s), or Services, including any action commended by you against Career Exposure or its affiliates. Use of the Site(s) or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this Section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Career Exposure as a result of these Terms or use of the Site(s) or Services. Career Exposure’s performance of these Terms is subject to existing laws and legal processes, and nothing contained in these Terms is in derogation of Career Exposure right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Career Exposure with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, these Terms constitutes the entire agreement between you and Career Exposure with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Career Exposure with respect to the Site or Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form, and any such printed, true, and accurate copy shall be deemed an original document for evidentiary purposes. Any failure of Career Exposure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, [name] may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.
