terms

TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO
READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO
NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF 10/11/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the
relationship with our users and others which may interact or interface with The Mayer Group Of Re/Max One,
also known as The Mayer Group, located at 132 Main St., Prince Frederick, Maryland 20678 and our subsidiaries
and affiliates, in association with the use of the The Mayer Group website, which includes
www.TheMayerGroup.net, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a blog which has the following descripon:
Marketing of real estate and The Mayer Group of Re/Max One
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of
this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those applications may be made available on
various social media networking sites and numerous other platforms and downloadable programs, are the sole
property of The Mayer Group Of Re/Max One. At its discretion, The Mayer Group Of Re/Max One may offer
additional website Services and/or products, or update, modify or revise any current content and Services, and this
Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or
revised Services unless otherwise stipulated. The Mayer Group Of Re/Max One does hereby reserve the right to
cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge,
accept and agree that The Mayer Group Of Re/Max One shall not be held liable for any such updates, modificaons,
revisions, suspensions or disconnuance
of any of our Services and/or products. Your connued
use of the Services
provided, aer
such posng
of any updates, changes, and/or modificaons
shall constute
your acceptance of such
updates, changes and/or modificaons,
and as such, frequent review of this Agreement and any and all applicable terms
and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not
agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as
such The Mayer Group Of Re/Max One shall not assume any responsibility or obligaon
for the meliness,
missed
delivery, deleon
and/or any failure to store user content, communicaon
or personalizaon
sengs.
PRIVACY POLICY
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Every member’s registration data and various other personal information are strictly protected by the The Mayer
Group Of Re/Max One Online Privacy Policy (see the full Privacy Policy at
https://www.themayergroup.net/privacy). As a member, you herein consent to the collection and use of the
information provided, including the transfer of information within the United States and/or other countries for
storage, processing or use by The Mayer Group Of Re/Max One and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local
rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or
transferring of software, technology and other technical data may be subject to the export and import laws of the
United States and possibly other countries. Through the use of our network, you thus agree to comply with all
applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration
Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the
United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore,
you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion
report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other
government which may be part of an export-prohibited country identified in applicable export and import
laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network
Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological
weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be
in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
The Mayer Group Of Re/Max One shall not lay claim to ownership of any content submitted by any visitor or
user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow
for The Mayer Group Of Re/Max One the below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of The Mayer Group
Of Re/Max One’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services is for the sole purpose of providing
and promoting the specific area to which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of The Mayer Group Of Re/Max One’s sites, and
shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible
areas of The Mayer Group Of Re/Max One’s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services
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are for the sole purpose of providing and promoting the specific area in which this content was placed
and/or made available for viewing. This license shall be available so long as you are a member of The
Mayer Group Of Re/Max One’s sites and shall terminate at such time when you elect to discontinue your
membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of The
Mayer Group Of Re/Max One’s sites, the continuous, binding and completely sub-licensable license which
is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or
publicly display said content, whether in whole or in part, and the incorporation of any such Content into
other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of The Mayer Group Of Re/Max One’s sites are
those such areas of our network properties which are meant to be available to the general public, and which would
include message boards and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
The Mayer Group Of Re/Max One provides an area for our users to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree
that:
a) your contributions do not contain any type of confidential or proprietary information;
b) The Mayer Group shall not be liable or under any obligation to ensure or maintain confidentiality, expressed
or implied, related to any Contributions;
c) The Mayer Group shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of The Mayer Group; and
e) The Mayer Group is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
INDEMNITY
All users herein agree to insure and hold The Mayer Group Of Re/Max One, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include,
but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of
our site may submit, post, modify, transmit or otherwise make available through our Services, the use of The
Mayer Group Services or your connection with these Services, your violations of the Terms of Service and/or your
violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any
part, use of, or access to The Mayer Group’s sites.
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MODIFICATIONS
The Mayer Group Of Re/Max One shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In
addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or
through our Services, which may include the payment and/or delivery of such related goods and/or Services, and
any such other term, condition, warranty and/or representation associated with such dealings, are and shall be
solely between you and any such advertiser. Moreover, you herein agree that The Mayer Group Of Re/Max One
shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of
any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either The Mayer Group Of Re/Max One or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or
resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or
any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and
agree that The Mayer Group Of Re/Max One shall not be responsible or liable, directly or indirectly, for any such
damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or
the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that The Mayer Group Of Re/Max One’s Services and any essential
software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential
material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content which may be contained in any advertisements or information presented
by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary
rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by The
Mayer Group Of Re/Max One or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on The
Mayer Group Of Re/Max One Services (e.g. Content or Software), in whole or part.
The Mayer Group Of Re/Max One herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single computer, as long as you do not, and
shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse
assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not
to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services.
Lastly, you also agree not to access or attempt to access our Services through any means other than through the
interface which is provided by The Mayer Group Of Re/Max One for use in accessing our Services.
WARRANTY DISCLAIMERS
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YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF THE MAYER GROUP OF RE/MAX ONE SERVICES AND SOFTWARE ARE AT
THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN
“AS IS” AND/OR “AS AVAILABLE” BASIS. THE MAYER GROUP OF RE/MAX ONE AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b) THE MAYER GROUP OF RE/MAX ONE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THE
MAYER GROUP OF RE/MAX ONE SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) THE MAYER GROUP OF RE/MAX ONE SERVICES OR SOFTWARE
SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE THE MAYER GROUP OF
RE/MAX ONE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY
OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY
BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL
MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE
SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY
OF THE MAYER GROUP OF RE/MAX ONE SERVICES OR SOFTWARE SHALL BE ACCESSED
BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY
BE OBTAINED BY YOU FROM THE MAYER GROUP OF RE/MAX ONE OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS
THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES.
CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR
UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY
PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN
YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
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YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE MAYER GROUP OF
RE/MAX ONE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL,
USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN
ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR
DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release The Mayer Group Of Re/Max One (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims,
demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or
unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other
information from our Services concerning companies, stock quotes, investments or securities, please review the
above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of
information, the phrase “Let the investor beware” is appropriate. The Mayer Group Of Re/Max One’s content is
provided primarily for informational purposes, and no content that shall be provided or included in our Services is
intended for trading or investing purposes. The Mayer Group Of Re/Max One and our licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions
based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
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You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall
be no third-party beneficiaries to this agreement.
NOTICE
The Mayer Group Of Re/Max One may furnish you with notices, including those with regards to any changes to
the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website
Services, or other reasonable means currently known or any which may be herein after developed. Any such
notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized
manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all
notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the The Mayer Group Of Re/Max One trademarks,
copyright, trade name, service marks, and other The Mayer Group Of Re/Max One logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property of The Mayer
Group Of Re/Max One. You herein agree not to display and/or use in any manner the The Mayer Group Of
Re/Max One logo or marks without obtaining The Mayer Group Of Re/Max One’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
The Mayer Group Of Re/Max One will always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole discretion, The Mayer Group Of
Re/Max One may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the
rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide
to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the
copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed
upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the
copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice
is truthful and accurate, and that you are the copyright or intellectual property owner, representative or
agent authorized to act on the copyright or intellectual property owner’s behalf.
The The Mayer Group Of Re/Max One Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
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Mailing Address:
The Mayer Group Of Re/Max One
Attn: Copyright Agent
132 Main St.
Prince Frederick, Maryland 20678
Telephone: 410-535-6291
Email: admin@themayergroup.net
CLOSED CAPTIONING
BE IT KNOWN, that The Mayer Group Of Re/Max One complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more information, please
visit our website at www.TheMayerGroup.net.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and The Mayer Group Of Re/Max One and shall govern
the use of our Services, superseding any prior version of this TOS between you and us with respect to The Mayer
Group Of Re/Max One Services. You may also be subject to additional terms and conditions that may apply when
you use or purchase certain other The Mayer Group Of Re/Max One Services, affiliate Services, third-party
content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and The Mayer Group Of Re/Max One with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Maryland without regard to its conflict
of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS,
or the relationship between you and The Mayer Group Of Re/Max One, shall be filed within the courts having
jurisdiction within the County of Calvert, Maryland or the U.S. District Court located in said state. You and The
Mayer Group Of Re/Max One agree to submit to the jurisdiction of the courts as previously mentioned, and agree
to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such
courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should The Mayer Group Of Re/Max One fail to exercise or enforce any right or provision of the
TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by
a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force
and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action
arising out of or related to the use of our Services or the TOS must be filed within 3 year(s) after said claim or
cause of action arose or shall be forever barred.
VIOLATIONS
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Please report any and all violations of this TOS to The Mayer Group Of Re/Max One as follows:
Mailing Address:
The Mayer Group Of Re/Max One
132 Main St.
Prince Frederick, Maryland 20678
Telephone: 410-535-6291

Email: admin@themayergroup.net

 

 

 

 

 

 

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