THIS AGREEMENT IS SUBJECT TO AN ARBITRATION PROVISION PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT (SOUTH CAROLINA CODE SECTIONS 15-48-10, ET SEQ.)
Welcome to BellaRuby!
To be authorized to access and use BellaRuby you represent and warrant that you (a) are at least 13 years old, (b) are not currently restricted by BellaRuby or any law enforcement agency from accessing or using the BellaRuby Services or not otherwise restricted from having an Account, (c) have the full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party, and (d) will not violate any rights of BellaRuby or a third party, including the intellectual property rights of such third party.
If you are not at least 13 years old, you are not authorized to access BellaRuby or the Services and should leave the Site immediately or we invite you to click here.
Registration and Security
You may have limited access to some features of BellaRuby without registering for a user account (an “Account”). Those who access BellaRuby without registering for an Account shall be referred to as “Users”.
In order to gain access to additional features, however, you must register and create an Account with BellaRuby. Users who have registered an Account shall thereafter be “Subscribers.” This Agreement may from time to time refer to different types of Subscribers such as Consumers, Lenders, Real Estate Agents, and Supplier Subscribers depending on the context in which such terms are used. A Subscriber that is a potential buyer or seller is a “Consumer”, a Subscriber that is a mortgage lending professional or firm is a “Lender”, a Subscriber that is a real estate agent or firm is a “Real Estate Subscriber”, and a Subscriber that is a service provider and/or supplier is a “Supplier”. A Subscriber may access the Site to review content, access the Services, or download content from the Site.
When registering as a Subscriber, you agree to provide accurate, current and complete information for registration and to update such information to keep it accurate, current and complete. BellaRuby reserves the right to suspend or terminate your Account at any time or for any reason or no reason, including if any information provided for registration is determined to be inaccurate, not current or incomplete. BellaRuby shall be under no obligation to refund any payment if, in its sole discretion, BellaRuby terminates your Account due to your violation of the Agreement.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You shall never use an Account that is registered to another Subscriber (described below) without express permission from such other Subscriber. You will immediately notify BellaRuby of any unauthorized use of your Account or if you suspect that the security of your password or your Account has been compromised.
Subscriber Content, License and Warranties
Subscriber Content. As a Subscriber, you may post, submit, provide, transmit, publish, display, or share content with BellaRuby. “Consumer Content” will include details relevant to Consumers’ efforts to obtain a mortgage, buy a home and/or sell a home including all information contained within closing documentation associated with the sale and/or purchase of a home, information that identifies a possible down payment amount, preferred financing structure, price range, property description, desired neighborhood, preferred listing price, employment, licensing information, etc. Content provided by Lenders, Real Estate Subscribers, and Suppliers will be known as “Lender Content”, “Real Estate Content”, and “Supplier Content”, respectively (collectively, Consumer Content, Lender Content, Real Estate Content, and Supplier Content will be referred to as “Subscriber Content”). Such content may be in the form of any media (e.g., text, documents, images, audio content, video content, etc.), advertising content, or communications with other Subscribers or Users including blog posts, email, messages, etc.
License Grant to Subscriber Content and Warranties. You grant to BellaRuby a non-exclusive, irrevocable, assignable, sublicenseable, worldwide, perpetual, fully paid-up and royalty-free license to use, copy, display, prepare derivative works of, improve, modify, distribute, publish, remove, retain, process, and commercialize Subscriber Content that you contribute, upload, transmit or otherwise provide to BellaRuby, in any way now known or in the future discovered, even if such Subscriber Content has been contributed and subsequently removed by you. Any Subscriber Content that you contribute to BellaRuby is at your own risk of loss.
Warranty. By contributing Subscriber Content to BellaRuby, you represent and warrant that (i) you are the author, owner, or are otherwise authorized to contribute the Subscriber Content, (ii) the Subscriber Content is true and accurate, (iii) the Subscriber Content is not confidential, and (iv) does not violate any rights, including privacy rights, or infringe or misappropriate the intellectual property rights of any third party.
You are responsible for your own activities and communications on BellaRuby and you are responsible for the consequences of such activities and communications. You shall not, and by using or accessing BellaRuby or using the Services, you agree not to do any of the following:
- Post any incomplete, false or inaccurate information or Subscriber Content that is in any other manner untrue or incorrect.
- Post any information or Subscriber Content that is subject to copyright protection, unless you are the copyright owner or have the owner’s permission to post such information or Content.
- Post information or Subscriber Content that reveals trade secrets or proprietary or confidential information, unless you are the owner or have the owner’s permission to post such information or Content.
- Post any information that infringes any intellectual property rights of others or the privacy or publicity rights of others.
- Post information or Subscriber Content that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another Subscriber, or User, or any other person or entity.
- Post information or Subscriber Content that includes or uses terms or phrases that are false or misleading, profane, intended to disguise profanity or vulgarity, or are patently offensive or obscene.
- Post any type of inappropriate and/or sexually explicit language or content.
- Post any information that:
- is inappropriate for a minor child less than eighteen years of age,
- seeks to establish an inappropriate meeting or communication with such minor child, or
- advertises an event or activity not associated with BellaRuby, Subscriber Content, the Site, or the Services that is directed to such minor child.
- Post solicitations, advertising, chain letters or any other information that is in any way associated with an unlawful scheme or to impersonate another person or entity.
- Post content that contains viruses, Trojan horses, worms, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Limited License to Site Content
For the purposes set forth above, BellaRuby grants you a limited personal, non-exclusive, non-assignable, non-transferable, and revocable license to access, use and display Site Content (defined below) associated with the Services. You must retain intact all copyright, trademark, proprietary and other notices when accessing, using, or displaying the Site Content. Unauthorized use, copying, printing, duplication, distribution, transmission, creation of derivative works, reuse, reproduction, publishing, licensing, sublicensing, transferring, selling, renting or translating, in whole or in part, of any BellaRuby webpage, Site Content, Services, BellaRuby software or BellaRuby user interface content including without limitation text, graphics, sounds, videos, images, logos, button icons, and/or any compilation thereof (collectively, the “Site Content”) in any manner without the express prior written permission of BellaRuby is expressly forbidden, and you so agree. You acknowledge that you may not sublicense, transfer, sell, rent or assign this license, the Site Content or the Services. Any attempt to sublicense, transfer, sell, rent or assign this license, the Site Content, or the Services shall be null and void.
Content and Services Disclaimer
All Site Content including the Services are provided “AS-IS.” You access and use the Services and all Site Content at your risk. The Services and Site Content may include inaccuracies, errors or information that is incorrect or out of date. BellaRuby makes no representation about, or warranty of the accuracy, reliability, completeness or timeliness of the Site Content, the Services, any use of or access to BellaRuby or the Site Content, or any hosted applications, programs, or other things provided or made available through BellaRuby. BellaRuby is not responsible for any information contained in a message, communication, or transmission by or between you and other Subscribers or Users.
The Site Content, including but not limited to the letters and service marks, the BellaRuby logo and/or name, other BellaRuby logos and service marks, or any taglines, titles, trade dress, and registered and unregistered services marks or trademarks (collectively, hereinafter referred to as “Trademarks”), are protected under United States copyright, trademark and/or other laws, and are the property of BellaRuby, and/or it’s licensors. Any unauthorized use of the Site Content may violate applicable copyright, trademark, intellectual property, and other laws (some of which provide criminal remedies). You may not sell or modify the Site Content or reproduce, display, distribute, or otherwise use the Site Content in any way for any public or commercial purpose, including but not restricted to the adaptation of the BellaRuby software, HTML code, or any other code that BellaRuby creates. You shall not display, disparage, dilute, or taint our Trademarks or use any confusingly similar marks or names, or use our Trademarks in such a way that would misrepresent or cause confusion as to who the proper owner of such Trademarks is.
No Illegal Use. You shall not use the Services to create, transmit, distribute, store or destroy any Site Content or Subscriber Content (a) in violation of any applicable law or regulation, (b) in a manner that infringes copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Information Security. You are prohibited from violating or attempting to violate the security of the Site, the Services, or any equipment, software, or devices on which the Site or the Services are hosted, displayed, provisioned or otherwise depend including without limitation, (a) gaining or attempting to gain access to any account, data, Service, Site Content, Subscriber Content or information for which you are not authorized, (b) attempting to penetrate a system, network, or application by probing, “phishing,” scanning or testing the vulnerability of the system or network or to breach security or authentication measures without proper authorization, (c) engaging or attempting to engage in a denial of service attack or any other type of electronic attack for the purposes of causing the Services to become impaired or inoperable, or interfering with the availability of Services or Site Content through techniques including without limitation, uploading malicious software (e.g., a virus, worm, Trojan horse, etc.), “packet flooding,” “spoofing” or “spamming,” or (d) forging any packet content or any part of any Site Content, Subscriber Content or Service. Violations of system or network security may result in civil or criminal liability. Any occurrences that may involve such violations are subject to investigation by BellaRuby or its agents, and/or law enforcement authorities in prosecuting any Subscriber or User involved in such violations.
Specific Prohibited Uses. BellaRuby specifically prohibits and you agree not to use the Services, or any Site Content or Subscriber Content for any of the following:
- To take any action that imposes an unreasonable or disproportionately large load on BellaRuby, the equipment, or the network on which BellaRuby is hosted.
- To attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of BellaRuby.
- To frame any Services, Site Content, or information relating thereto without prior express written permission from BellaRuby.
- To collect information about other Subscribers or Users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us.
- To falsify, conceal, or modify information identifying yourself or another Subscriber, including Internet Protocol header information.
- To stalk, threaten, or harass any Subscriber, User, or other person, whether in a cyber environment or in the real world.
- To commit any wrongful or unlawful acts, criminal acts, acts of terrorism, or any other unlawful or illegal activity.
- To knowingly make any untruthful, defamatory, misleading, malicious or false statements relating to a Subscriber, User, BellaRuby, BellaRuby or its agents.
Release of Liability
Release from Dealings between Subscribers and/or Users. Because authentication on the Internet is difficult, BellaRuby cannot and does not confirm that each Subscriber or User, is who she, he, or it claims to be or that her, his or its Subscriber Content or other posted information is truthful, complete, non-defamatory, or accurate. You acknowledge and agree that your access to or use of BellaRuby and the Services, and any action you take concerning your Subscriber Content or other information is your voluntary action for which you are exclusively responsible. There is always a certain risk when transmitting such information over the Internet or some other public or proprietary network, and you assume such risk by submitting Subscriber Content or information to BellaRuby and by making or authorizing transmission of such Subscriber Content or information to others. It is your responsibility to take precautions that you deem suitable to assure the identity of any Subscriber, User or person with whom you communicate or interact, and to assure that any information provided by such Subscriber, User, or person on which you intend to rely is reasonably accurate and complete. BellaRuby does not and cannot be involved in or control the dealings or meetings between Subscribers or Users that access BellaRuby. Accordingly, in the event that you have a dispute with another Subscriber or User, you agree to the fullest extent permitted by applicable law to forever release BellaRuby and its agents, employees, officers, directors, members and managers from all claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive, to the fullest extent permitted by applicable law, California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” BellaRuby is under no legal obligation to, and generally does not control the information provided by other Subscribers or Users and which is made available through BellaRuby. By its very nature, information posted or communicated by other Subscribers or Users may be offensive, harmful, inaccurate, defamatory or incorrect, and in some cases may be mislabeled or deceptively labeled. You agree to use caution and common sense when using or accessing the Services.
Limitation of Liability and Disclaimer of Warranties
You agree that use of or access to BellaRuby and the Services is entirely at your own risk. BellaRuby and the Services are provided “AS-IS,” without warranty of any kind, either express or implied, including without limitation any warranty for information, the Services, uninterrupted or error free access or use of the Site and Services, or products provided through or in connection with BellaRuby or the Services, including without limitation our software or Services licensed to you and the results obtained through BellaRuby (unless such warranties are legally incapable of exclusion).
Specifically, we disclaim any and all warranties with respect to the BellaRuby Site or the Services, including without limitation any and all: (a) warranties concerning the availability, accuracy or content of information, products or the Services; (b) warranties of title; (c) warranties of non-infringement; and (d) warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay, inoperability or transmission, computer virus, malicious software, cyber-attack, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other Subscribers or Users or third parties and that the risk of injury from the foregoing rests entirely with you.
Neither we nor any of our agents, affiliates, other affiliated persons or entities, co-branders, partners or content providers shall be liable for any direct (in excess of the limitation of liability hereinafter provided), indirect or incidental damages, lost profits or data, or special or consequential damages arising out of use of BellaRuby or the Services, the disclosure of subscriber content, or inability to gain access to or use of BellaRuby or the Services whether based on breach of warranty, contract, tort, strict liability, or any other legal theory, and whether or not BellaRuby is advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation or exclusion may not apply to you. In no event shall BellaRuby total liability to you for all damages, losses, or causes of action exceed the amount, if any, that you paid to BellaRuby over the twelve months immediately preceding the date of the claim of liability, or fifty dollars, whichever is greater.
You hereby also acknowledge that the provisions of this section shall apply to all communications, information and Subscriber Content posted on BellaRuby.
The foregoing does not affect any warranties or liability which cannot be excluded or limited under applicable law.
Links to Other Websites
BellaRuby provides, or may from time to time provide, links to third party websites via which third party services or third party content can be accessed or downloaded. Because we have no control over such third party websites, services or content, you acknowledge and agree that BellaRuby is not responsible for the availability, content, services, acts or omissions of such external websites or resources or their owners, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such websites or resources. You further acknowledge and agree that BellaRuby is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, advertising, products, services or other materials available on or through any such website.
Your use of or access to the BellaRuby Site and/or the Services is at the discretion of BellaRuby and may be suspended or terminated at any time in the sole discretion of BellaRuby. In the event of any such suspension or termination, BellaRuby will not be responsible for any lost opportunities or other damages or loss that you may incur as a result of such suspension or termination. Upon any breach by you of this Agreement, BellaRuby reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Subscriber Content, or communications with BellaRuby and immediate termination of your Account.
You may terminate your Account at any time by providing written notification to us.
Termination shall not affect your obligations to us in accordance with this Agreement or any additional terms.
Except for those Subscribers or Users that are or act on behalf of agencies or political subdivisions of the State of South Carolina, you agree, to the fullest extent permitted by applicable law, to forever hold harmless, defend and indemnify (i) BellaRuby, LLC, and its respective members, directors, officers, successors, and assigns; (ii) Nat Wallen Real Estate, Inc., its respective officers, directors, successors, and assigns; and (iii) Nathanael Wallen and his respective heirs, successors, and assigns (collectively, the “Indemnified Parties”) from any and all loss, cost, liability, and expense (including reasonable attorneys’ and experts’ fees) arising out of or relating to:
- Your violation of any of the terms of this Agreement, or any information, software, files, messages or other Subscriber Content posted to BellaRuby by you;
- Your uploading, posting, or otherwise using BellaRuby in any way whatsoever to make public any Subscriber Content or information that is defamatory, slanderous, libelous, false, dishonest, unfounded, untruthful, inaccurate with respect to another Subscriber, organization or any third party;
- Your use of and access to the Site, the Services, or the Site Content;
- Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- Any claim that your Subscriber Content, communications, or postings causes damage to or infringes the intellectual property rights, privacy rights, or other rights of a third party;
- Any claim that any Site Content, Subscriber Content, communications, or posting, by the another Subscriber or User violates any of your rights, is untrue, is defamatory, is disparaging, is inaccurate, misrepresents you, misrepresents a product or service that you provide, or causes any loss, damage, lost opportunity, expense, harm, or injury to you, your agents, successors, or assigns.
Your obligation not to transfer in violation of any law – and Transfer to the United States
Severability / Waiver. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be automatically reformed and construed so as to be valid, legal, operative, and enforceable to the maximum extent permitted by applicable law while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement. Additionally, no waiver of any provision of this Agreement or any rights or obligations of either you or us hereunder shall be effective, except pursuant to a written instrument signed by you and us waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.
Compliance with Laws. Each Subscriber and User shall promptly comply, at its own cost and expense, in every material respect with all laws, ordinance, rules, regulations, and requirements of all federal, state, and local governmental authorities that are applicable to the activities or Services pursuant to this Agreement.
No Third Party Beneficiaries. This Agreement shall inure to the benefit of and shall be binding upon you and us and our respective permitted successors and assigns. Except as expressly provided herein, there are no third party beneficiaries to this Agreement.
Relationship of the Parties. You and BellaRuby are acting as independent contractors with respect to the activities hereunder. Nothing in this this Agreement shall be deemed to create any type of agency, joint venture, or partnership relationship between you or us. Neither you nor BellaRuby shall have any right or authority to bind or obligate the other in any manner to any third party.
Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and BellaRuby with respect to the transactions contemplated herein and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof. No changes to this Agreement shall be made except by a revised posting by BellaRuby.
Section Headings. All Section, subsection, and paragraph headings are provided herein as a convenience only and do not affect the meaning or interpretation of this Agreement.
Governing Law. You agree to the fullest extent permitted by applicable law that any dispute between you and us will be governed by the laws of the United States of America and the State of South Carolina, without regard to conflict of laws principles, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of South Carolina.
If you are located outside of the United States of America, you agree that to the extent permitted by the applicable governing law, by entering into this Agreement, you voluntarily subject yourself to the jurisdiction of the State or federal courts of Charleston County, South Carolina, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.
If you are a citizen of a country that does not permit Internet transactions to be governed by the laws of South Carolina and/or the applicable United States federal law as above referenced in accordance with this Agreement, please immediately cease use of BellaRuby and terminate your account by written notification to us of such termination.
Right to Terminate. We reserve the right to terminate the Services, this Agreement, or your access to or use of BellaRuby at any time without notice for any reason, including, in the case of this Agreement, for your violation of any of its provisions. The provisions of this Agreement, which by their nature extend beyond the termination of this Agreement, will survive termination of this Agreement or termination of your use or access to all or any portion of the Services.
Arbitration; Location of Arbitration. Any controversy or claim arising out of or related to the Services, the Subscriber Content, this Agreement or the breach thereof, shall be settled, except as may otherwise be provided herein, by binding arbitration in accordance with South Carolina Code Sections 15-48-10, et. seq. and the arbitration award may be entered as a final judgment in any court having jurisdiction thereon. Any dispute as to whether a controversy or claim is subject to arbitration shall be submitted as part of the arbitration proceeding. Legal costs, attorneys’ fees, and the fees of expert witnesses may be assessed against any person found to have acted in bad faith. All arbitration proceedings shall be conducted by a panel of three arbitrators. The party requesting arbitration shall have the right to select one arbitrator and the person or persons on the other side of the controversy shall select a second arbitrator. The two arbitrators so chosen shall select the third. The arbitration shall be conducted in Charleston County, South Carolina.
Class Action Waiver. Any claim or controversy arising out of or related to the Services, the Subscriber Content, this Agreement or the breach thereof shall be considered unique as to its facts and may not be brought as a class action. You waive any right to proceed against BellaRuby by way of class action.
We hope that you enjoy BellaRuby! If you have any questions or comments about this Agreement or BellaRuby, please contact us via email at firstname.lastname@example.org.