Terms of Service
TERMS OF SERVICE
Welcome to a Jay Miller Real Estate Ltd. website including JayMillerSharingCentre.com, JayMillerSharingCentre.ca, BigLeadGenerator.com or JayMiller.ca website (herein referred to as “the site” or “site” or “website”). Please review the following rules that govern your use of the site (the “Terms of Service”). Please note that your use of the site constitutes your agreement to follow and be bound by these rules. Any use in this Agreement of the terms “we” or “us” or “our” means or refers to Jay Miller Real Estate Ltd. and “you” or “your” means or refers to the subscriber/user, company, its agents, affiliates or representatives.
INTELLECTUAL PROPERTY
Unless otherwise noted, all materials, including images, illustrations, text, designs, icons, photographs, software, video clips, and written and other materials that are part of the site (collectively, the “Content”), along with any copyright, trademark, service mark, patent, trade dress and/or other proprietary or intellectual property rights in the site and the Content, are owned by or licensed to Jay Miller Real Estate Ltd…
Except as expressly authorized by Jay Miller Real Estate Ltd., you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Jay Miller Sharing Centre (JayMillerSharingCentre.com, JayMillerSharingCentre.ca), Big Lead Generator (BigLeadGenerator.com), JayMiller.ca are owned and under copyright by Jay Miller Real Estate Ltd.
As noted above, reproduction, copying, or redistribution for commercial, personal or professional purposes of any materials or design elements on this website is strictly prohibited without the express written permission of Jay Miller Real Estate Ltd.
No right, title or interest in any downloaded materials or software or Content on the site is transferred to you as a result of visiting the site, receiving information or a product or taking a course or program on the site whether this information was received by you on a complimentary basis or paid for by you. You agree that you shall not alter or remove any copyright notice or proprietary legend contained on the site or Content you may receive from this site and you also agree that any copy of the Content provided by you shall include Jay Miller Real Estate Ltd.’s copyright notice or any other proprietary notice included therein. You agree not to derive or attempt to derive the source code, source files or structure of all or any portion of the site or the Content by reverse engineering, disassembling, decompiling or otherwise manipulating the Content or code. You expressly agree that you shall not attempt to, and have no right by virtue of this Agreement to, transfer or sublicense any of the Content or any other material or software included on the site.
The site contains Jay Miller Real Estate Ltd. and third-party trademarks and service marks. All marks are the property of their respective owners. Except as explicitly provided herein, all rights in the intellectual property contained in the site including copyright, trademark, trade secret and patent rights are expressly reserved for the ownership and benefit of Jay Miller Real Estate Ltd… Except as specifically provided herein, access to the site does not constitute a right to copy or use any of the intellectual property included on the site. You covenant that you will take no action to register or otherwise interfere with or challenge any intellectual property rights of Jay Miller Real Estate Ltd. or its affiliates. You agree that you shall grant Jay Miller Real Estate Ltd. a fully transferable, non-exclusive, perpetual, royalty-free license to use, reproduce, display, distribute and resell all logos, skins and designs uploaded to the site by you (“Uploaded Design Content”), and you hereby covenant not to sue Jay Miller Real Estate Ltd., any of its affiliates or agents or any other subscriber/user with respect to such Uploaded Design Content.
LIMITATIONS ON USE
You must be at least eighteen (18) years old to access this website. If you are not at least eighteen years old, you are not permitted to access this website for any reason.
If you are provided a password to access this website, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
LAWFUL PURPOSE
You shall use the site for lawful purposes only. You shall not post or transmit through the site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that constitutes hate speech intended to insult any race, ethnicity, religion, sexual orientation, or national origin, or is otherwise objectionable, or that assists or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate the site, or any other system data or information associated with the site.
Any conduct by You that, in Jay Miller Real Estate Ltd.’s sole discretion and determination, restricts or inhibits any other subscriber/user from enjoying the site will not be permitted. You shall not use the site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Subscribers/Users of Jay Miller Real Estate Ltd. to become subscribers/users of other services. Jay Miller Real Estate Ltd. retains the right to remove any and all postings on the site at its sole discretion and determination.
ORDER AND RETURN POLICIES
We generally ship all physical orders within two business days. For any digital products, you will receive an email with login details to our membership site or download page. We also offer a 10-day money back guarantee on all our products. If you are not completely satisfied, you can return the product to us in good condition within 10 days of the date that you placed your order. In order to receive a refund within the 10 day period for any physical products, you must return everything that was shipped to you, including any bonuses, and we must receive it at our offices before the 10 day period has passed.
INDEMNIFICATION AND LIMITED LIABILITY
You agree to defend, indemnify and hold Jay Miller Real Estate Ltd., its subsidiaries, affiliates, successors and assigns, and their respective, shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.
Jay Miller Real Estate Ltd. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT Jay Miller Real Estate Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Jay Miller Real Estate Ltd. SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER. Jay Miller Real Estate Ltd. SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
SUBSCRIBER/USER COMMENTS, FEEDBACK, AND SUBMISSIONS
Except as otherwise provided herein with respect to Uploaded Design Content, all comments, feedback, suggestions, ideas, and other information and textual material disclosed, submitted, conveyed or offered to Jay Miller Real Estate Ltd. by you on or through the site or otherwise disclosed, submitted or offered in connection with your use of the site (collectively, “Comments”) shall be and remain Jay Miller Real Estate Ltd.’s property and shall be deemed to be non-confidential. Such disclosure, submission or offer of any Comments shall constitute an assignment to Jay Miller Real Estate Ltd. of all-worldwide rights, title and interests in any copyrights, patent rights and other proprietary or intellectual property rights in the Comments. Thus, you assign to Jay Miller Real Estate Ltd., and Jay Miller Real Estate Ltd. will possess exclusive ownership of, all rights, title and interests in any copyrights, patent rights and other proprietary and intellectual property rights in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Again, except as otherwise indicated, Jay Miller Real Estate Ltd. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to your Comments.
You agree that no Comments or Uploaded Design Content or any other submission provided to the site by you will violate any right of any third party, including copyright, trademark, patent, privacy or other personal or proprietary or intellectual property right(s). You further agree that no Comments or Uploaded Design Content or other submission provided by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for any Comments or Uploaded Design Content you make, and you hereby covenant not to sue Jay Miller Real Estate Ltd., any of its affiliates or agents or any other subscriber/user with respect to any Comments made by you, Jay Miller Real Estate Ltd. or any other subscriber/user. YOU FURTHER SPECIFICALLY AGREE THAT Jay Miller Real Estate Ltd. IS NOT IN ANY WAY OBLIGATED TO ACTIVELY MONITOR THE SITE FOR OBJECTIONABLE OR OFFENSIVE OR UNLAWFUL COMMENTS OR UPLOADED DESIGN CONTENT, AND YOU HEREBY HOLD HARMLESS AND COVENANT NOT TO SUE Jay Miller Real Estate Ltd., ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO ANY COMMENTS MADE BY YOU OR OTHERS AND Jay Miller Real Estate Ltd. SHALL HAVE NO LIABILITY THEREFORE WHATSOEVER. If such offensive, objectionable or unlawful comments are made known to Jay Miller Real Estate Ltd. by you, Jay Miller Real Estate Ltd. will endeavor to evaluate such comments and, in the exercise of its sole discretion, remove such comments if necessary.
GENERAL
We may change, move or delete portions of, or may add to, the site from time to time, including, but not limited to, content, hours of availability, and equipment and/or software needed for access or use.
CHANGED TERMS
We may from time to time change the rules that govern your use of the site. Jay Miller Real Estate Ltd. shall have the right at any time, without providing individual notice, to change, modify, add or delete any terms or conditions that apply to your use of the site (“Changed Terms”). The Changed Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting the Changed Terms on the site, or by electronic or conventional mail, or by any other means which adequately provide notice thereof. Any use of the site by you after such notice shall be deemed to constitute acceptance by you of the Changed Terms.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and Jay Miller Real Estate Ltd. with respect to this website and supersedes all prior or contemporaneous communications between you and Jay Miller Real Estate Ltd. with respect to this website. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
LOCAL LAWS AND TAXES
You are solely responsible for abiding by all applicable local, national and governmental rules and regulations, including international and import/export laws, that may apply to you. Your use of the site shall be in accordance with these laws. You are responsible for all sales, use, goods and services, value added, and/or excise taxes that may be attributed to any transaction conducted using the site and escrow services, except for taxes based on Jay Miller Real Estate Ltd.’s income. You are responsible for all import/export fees, duties and/or licenses as may be required by the relevant governmental authorities. You are responsible for supplying any restrictive legends or notices (e.g. copyright notices) and for properly attributing trademarks, service marks, logos and other propriety rights to their respective owners.
JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of the Government Of Canada. You hereby consent to binding arbitration in the Province of Ontario to resolve any disputes arising under these Terms of Service.