These Terms of Use were last updated February 5, 2010.

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Terms of Use

Scope and Applicability

These Terms of Use (the "Agreement") are applicable to anyone ( "you" ) who have accessed to the Web pages, services, content, forum, newsletters, databases and information (collectively, the "Services") provided by ListARealestate.com using the Web site. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of our Services. "Auctioneer" means Subscriber who has put the Subscriber's house on auction in this web site. "Bidder" means Subscriber who intents to place bid for the auctioned item in this web site. "Winning Bidder" means Bidder who has submitted payment for a particulaer auctioned item in this web site."User" is anyone who uses our Services. These Services are made available by ListARealestate.com subject to the terms and conditions of this Agreement.

Agreement

BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, LISTAREALESTATE.COM IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.

ListARealestate.com may modify this Agreement from time to time in its sole discretion and without notice to you. Modified Agreement includes modifying existing terms and conditions and/or adding news terms and condition to this Agreement. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.

ListARealestate.com does not provide real estate services.

Real estate buyers or sellers can find each other using our Services. However, ListARealestate.com does not engage in real estate broker services. Any agreement that made is between buyer and seller. ListARealestate.com is not a party and certainly will not endorse or recommend any such agreement.

User Conduct

(1) You shall access the Services manually by request and not programmatically by macro or other automated means.

(2) You shall not perform solicitation to Subscribers, including, but not limited to, the solicitation of Subscribers to become Subscriber's agent. You shall not use the ListARealestate.com to contact the Subscribers in any way, except for the purpose of purchasing of the Subscriber's property. If there is one occurance that a Subscriber who is real estate agent violates this term, ListARealestate.com may excercise ListARealestate.com's right to prohibit any real estate agent from registering ListARealestate.com's membership.

(3) You acknowledge and agree that ListARealestate.com contains text, information, data, graphics, images, audio, video, design, organization, compilation, meta data, look and feel and other protectable intellectual property. You shall abide United States copyright laws.

(4) You may download copyrighted material for your personal use only, provided that you maintain all copyright and other notices contained therein.You shall not reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, rearrange, modify, or commercially exploit the downloaded material without the express permission of the copyright owner.

(5) You shall not violate the National or State "Do Not Call" laws. Federal law and many state laws prohibit any real estate broker/agent or other real estate professional or other companies to call you if your telephone number has been listed on the National Do Not Call Registry or applicable State do-not-call registry for at least thirty one days and the caller does not have any prior business relationship with you or written authorization from you prior to making the call. Subscriber is encouraged to file a complaint if Subscriber received such call. Subscriber may file a complaint online at www.donotcall.gov/Complain/ComplainCheck.aspx by providing the date you received the call and either the name or telephone number of the company or agent/broker that called you.

Subscriber Conduct

(1) Subscriber shall use ListARealestate.com for lawful purposes only. Subscriber shall not post or transmit through ListARealestate.com any material which violates or infringes in any way upon the rights of others, which is in poor taste, inflammatory attacks of a personal, racial or religious nature, unreasonably harmful or offensive to any individual or community, which is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, which is unlawful, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

(2) Subscriber shall abide applicable federal and state laws and regulations. Regulations include, but not limited to, not discriminating in the sale or financing of Subscriber's property on the basis of race, color, religion, sex, disability, familial status or national origin. Subscriber shall not impersonate any person or entity and falsely represent your affiliation with any person or entity.

(3) Subscriber shall provide true, accurate, current and complete information and maintain and promptly update such information so as to keep it true, accurate, current and complete at all times.

(4) Subscriber shall not sell, transfer or assign your Account or any Account rights to anyone. Subscriber shall maintain the confidentiality of the user name and password. Subscriber shall report any unauthorized access to Subscriber's Account to ListARealestate.com immediately. Subscriber is liable for any activity that occurs in Subscriber's Account.

(5) Subscriber shall not transmit, submit or post information that contains any viruses, worms, Trojan horses, trap doors, back doors or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

(6) Subscriber shall not use ListARealestate.com to advertise or perform any commercial solicitation, including, but not limited to, of other on-line information services competitive with ListARealestate.com. Realestate agent lists his or her web site address in the house page will violate this term.

(7) By submitting material to ListARealestate.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted ListARealestate.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide.

(8) Subscriber shall be solely liable for any damage from any copyright violation for the Subscriber's uploaded and posted materials.

(9) For General Member, Subscriber shall not list any house that the Subscriber does not own. Subscriber shall not list any house that is "Not Ready for Sell". "Not Ready for Sell" includes, but not limited to, house ownership is under dispute due to divorce or other reasons, house has an action pending against it, house is currently attached with a lien by government, contractor or a handyman or others. Subscriber shall not list any house that is Foreclosed House. The house listed under General Membership will be preset to Not Foreclosed House.

(10) For General Member and Gov/Bank Foreclosure Member, Subscriber shall not list any commercial property. Currently commercial property option is not available.

(11) For Gov/Bank Foreclosure Member, Subscriber shall not list any house that is not Foreclosed House. Subscriber shall only be the Government branch or Bank. All the houses listed under Foreclosure Membership will be preset to Foreclosed Property and Sell By Owner etc, and there shall be no Agent/broker fee for the house. The listed house shall be located in the same state as Member's branch office does.

(12) For Gov/Bank Foreclosure Member, Subscriber shall only take buyer's or potential buyer's payment at Subscriber's office and the building shall have Subscriber's bank name or government branch name. Subscriber shall not take buyer's or potential buyer's payment at the house for sell or motel or hotel.

(13) Subscriber who lists house in this web site shall not take realestate "DEPOSIT" for the house which exceeds one thousand dollar ($1000) regardless what the house's market value is.

(14) Subscriber shall be over 18 years of age or otherwise is of legal age to form a binding contract.

(15) For General Member, Subscriber shall remove the listing after the house is sold.

(16) Subscriber, Subscriber's spouse or relatives shall not pose the same house.

Auctioneer Conduct

(1) Auctioneers of the same banks or same government branch shall not put the same house on auction.

(2) Auctioneer, its employees, its affiliated or related entities shall not place any bid on the Auctioneer's auctioned house.

(3) Auctioneer shall be responsible for the title insurance. It provides insurance against problems with the title transferred to the Bidder. Auctioneer shall disclose any other closing costs in the Contract of Sale of the auctioned house property.

(4) Auctioneer acknowledges Auctioneer shall subscribe merchant service that ListARealestate.com provides in order for the auction component of this web site to work. Auctioneer shall sign a separate contract with ListARealestate.com for the merchant service if Auctioneer would like to use the auction component of this web site. Without merchant service, Auctioneer is only a Subscriber but he or she can still list house in this web site.

(5)Auctioneer shall not refuse to sell to the Winning Bidder because the winning bid is too low.

(6) Auctioneer shall login ListARealestate.com two and six business days after the date the Winning Bidder submitted the payment on line, check the status of the submitted payment.

(7) Auctioneer acknowledges that the submitted payment is not real estate "DEPOSIT". The purpose of the submitted payment is to facilitate transaction between buyer and seller. It shall never be interpreted as real estate "DEPOSIT".

(8)Auctioneer and Bidder shall complete Closing inside Auctioneer's branch office.

(9) After Closing completed, Auctioneer shall login ListARealestate.com and click and confirm on the REGISTERED button for the title. The Auctioneer shall not click and confirm on that button if the Auctioneer has not finished the Closing. Otherwise, Auctioneer violates this term. Clicking and confirming that button means that Closing has been completed, Auctioneer stops the Winning Bidder from having a refund option between Day 21 to Day 30. Day 1 is the day that the Winning Bidder submitted the payment on line. If Auctioneer clicked and confirmed on the REGISTERED button by mistake, Auctioneer shall notify ListARealestate.com for resetting the status and there shall be $10 labor charge. However, there shall be $100 penalty charge for resetting the status in Day 21 and after if the Winning Bidder reports that violation. In addition, ListARealestate.com may terminate Auctioneer's use of ListARealestate.com services.

(10) Auctioneer acknowledges that regardless which party's false is, the Winning Bidder shall have the option to get a Refund between Day 21 to Day 30 if Closing has not been completed. For each day in between Day 21 to Day 30 that Closing has not been completed, the Winning Bidder shall continuous have the option to get a Refund as long as it is within this period.

(11) Auctioneer shall retrieve the Winning Bidder's submitted payment in Day 31 or after if the Winning Bidder has not exercise the Refund option and Closing has been completed. Auctioneer acknowledges Auctioneer shall pay the merchant service transaction fee for the submitted payment. In addition, if Auctioneer clicks and confirms the Refund button, Auctioneer shall pay the merchant service transaction fee for the submitted payment.

(12) Auctioneer acknowledges that the Winning Bidder's submitted payment will have no interest during the period before the submitted payment actually reached the Auctioneer's checking account.

Bidder and Winning Bidder Conduct

(1) Bidder shall not place any bid on the property if the Bidder has no intention to buy the auction house property.

(2) Bidder shall not place any bid on the property without attending an open house and inspecting the auction house property.

(3) Bidder shall not place any bid on the property before reviewing and accepting the Contract of Sale of that auction property in the bidding page of this web site. Bidder is advised to seek legal advice from the Bidder's attorney at the Bidder's own expense.

(4) Bidder acknowledges that the wining bid amount may be added with many closing fees including, but not limited to recording fees, document or transaction stamps or taxes, survey fee, mortgage application fees, points, appraisal fees, inspection fees, home warranties, pre-paid property insurance, pro-rata property taxes, pro-rata homeowner association dues, pro-rata Interest . Bidder shall review the Contract of Sale of that auction property.

(5) Bidder acknowledges that all foreclosed properties sell “as is, where is, and with all faults” with no warranties expressed or implied. Bidder accepts all faults of the property whether known or unknown, presently existing or that may hereafter arise. The Auctioneer has acquired the property by foreclosure and has little or no familiarity with the property.

(6) Bidder shall review and understand the restrictions and obligations placed on the property, as disclosed in the Contract of Sale, and/or record at the office of the County Recorder of the county in which the property is located or by consulting with an attorney.

(7) Bidder shall not place any bid on Mortgage Type Auction house property if the Bidder has not pre-qualified for a loan from a mortgage company. The Bidder shall obtain a written proof from the mortgage company. If the Bidder is unable to furnish the written proof during Closing and the Auctioneer files a complaint to ListARealestate.com, the Bidder will be charged $100 penalty for violated this term. The Bidder's submitted payment will be deducted $100 plus merchant service transaction fee and then it will be returned back to the Bidder. The $100 plus merchant service transaction fee will go to ListARealestate.com for the time spent in the investigating of the proof.

(8) The Winning Bidder acknowledges that the Winning Bidder shall make one time payment of the winning bid amount on line if it is Cash Type Auction, and 1 % of the of the winning bid amount or $1000 (if 1% is less than $1000) on line if it is Mortgage Type Auction.

(9) The Winning Bidder acknowledges that the submitted payment is not real estate "DEPOSIT". The purpose of the submitted payment is to facilitate transaction between buyer and seller. It shall never be interpreted as real estate "DEPOSIT".

(10) The Winning Bidder acknowledges the Winning Bidder can be suspended by the Auctioneer If the Winning Bidder is among the top three highest bids and the Winning Bidder doesn't submit payment on line when the Winning Bidder has the chance. After the suspension, the Bidder can on longer to place any bid until the Bidder pays $100 reactivation fee to ListARealestate.com.

(11) The Winning Bidder shall login ListARealestate.com two and six business days after the Winning Bidder submitted the payment on line to check the status of the submitted payment if the Auctioneer hasn't already done that. If Payment Status is "Rejected", the Winning Bidder should contact the Winning Bidder's bank to find out what is wrong with the Winning Bidder's submitted check payment.

(12) The Winning Bidder acknowledges that regardless which party's false is, the Winning Bidder shall have the option to get a refund between Day 21 to Day 30 if Closing has not been completed. Day 1 is the day that the Winning Bidder submitted the payment on line. For each day between Day 21 to Day 30 that Closing has not been completed, the Winning Bidder shall continuous have the option to get a refund as long as it is within this period.

(13) The Winning Bidder acknowledges that the Winning Bidder shall pay merchant service transaction fee if the Winning Bidder exercises the refund option. The Bidder's submitted payment will be deducted the merchant service transaction fee and then it will be refunded back to the Bidder.

(14) The Winning Bidder acknowledges the Winning Bidder's submitted payment will have no interest regardless whether the Winning Bidder exercises the refund option later on.

(15) After login ListARealestate.com web site if the Winning Bidder finds the "Title Registered?" column is "Yes" and if Closing has not completed, the Winning Bidder shall contact the Auctioneer to find out why the Auctioneer has claimed that Closing has been completed. If Auctioneer can't give a good explanation, the Winning Bidder shall report it to ListARealestate.com because the Auctioneer may have already violated an important term of the agreement.

(16) The Winning Bidder's option of getting a refund will be expired in Day 31 or after even if Closing has not been completed.

(17) The Winning Bidder shall give the Winning Bidder sufficient time to exercise the refund option. The Winning Bidder's internet connection may be disconected for many reasons. If the Winning Bidder can't exercise the refund option in Day 30 for whatever reasons, the Winning Bidder will lose the refund option. Day 1 is the day that the Winning Bidder submitted the payment on line. The Winning Bidder shall not wait till the last minute to exercise the refund option.

(18) In Day 31 or after, the Winning Bidder shall settle the refund issue according to the Contract of Sale which is posted by the Auctioneer for the auctioned property.

(19) If Bidder has ever exercised the option of getting a refund twice, the Bidder will no longer be able to place any bid in this web site.


Modifications to the Services.

ListARealestate.com may modify our Services or temporary discontinue its Services in its sole discretion and without notice to you. Modification of the Services can include, but not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the "look and feel" of the Web site, changes to the format of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinue our Services could be due to the server outages or other reasons.

Termination

ListARealestate.com may discontinue or change all or any of the Services, or any portion thereof, or their availability to you, immediately, in its sole discretion, at any time without cause. ListARealestate.com may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.

Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREES THAT USE OF LISTAREALESTATE.COM SERVICES IS AT YOUR SOLE RISK. ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, LISTAREALESTATE.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER LISTAREALESTATE.COM, ITS OWNER, ITS EMPLOYEES, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. LISTAREALESTATE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

LISTAREALESTATE.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. LISTAREALESTATE.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CORRECTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE LISTAREALESTATE.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

LISTAREALESTATE.COM CONTAINS AUCTION HOUSE PROPERTIES INFORMATION OF THIRD PARTY ORGANIZATIONS. LISTAREALESTATE.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CORRECTNESS OR RELIABILITY OF ANY AUCTION HOUSE PROPERTIES INFORMATION DISPLAYED IN THE LISTAREALESTATE.COM. AUCTIONEER HAS ACQUIRED THE PROPERTY BY FORECLOSURE. NEITHER LISTAREALESTATE.COM, ITS OWNER, ITS EMPLOYEES, ITS AFFILIATED OR RELATED ENTITIES, NOR AUCTIONEER, ITS EMPLOYEES, ITS AFFILIATED OR RELATED ENTITIES HAVE MUCH FAMILIARITY WITH THE PROPERTY WITH REGARD TO: (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY; (B) THE INCOME TO BE DERIVED FROM THE PROPERTY; (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY CONDUCT THEREFROM; (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY; (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY; (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY; (G) THE MANNER, QUALITY, STATE OF REPAIR OF THE PROPERTY; (H) OR ANY OTHER MATTER WITH RESPECT TO THE PROPERTY. BIDDER IS STRONGLY ADVISED TO SEEK LEGAL ADVICE FROM THE BIDDER'S ATTORNEY AND CONDUCT HIS OWN INSPECTION AT THE BIDDER'S OWN EXPENSE. BIDDER FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, BIDDER IS RELYING SOLELY ON BIDDER ’S OWN INVESTIGATION OF THE PROPERTY.BIDDER ACKNOWLEDGES THAT AGREED ALL FORECLOSED PROPERTIES SELL "AS IS, WHERE IS, AND WITH ALL FAULTS" WITH NO WARRANTIES EXPRESSED OR IMPLIED. BIDDER ACCEPTS ALL FAULTS OF THE PROPERTY WHETHER KNOWN OR UNKNOWN, PRESENTLY EXISTING OR THAT MAY HEREAFTER ARISE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION OF LISTAREALESTATE.COM, ITS OWNER, ITS EMPLOYEES, ITS AFFILIATED OR RELATED ENTITIES. YOU SPECIFICALLY ACKNOWLEDGE THAT LISTAREALESTATE.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER. FURTHER, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, INCLUDING DEATH, OR DESTRUCTION OR LOSS OF PROPERTY, SUSTAINED OR ALLEGED TO HAVE BEEN SUSTAINED BY BIDDER, ITS EMPLOYEES, ITS AFFILIATED OR RELATED ENTITIES, IN CONNECTION WITH OR TO HAVE ARISEN OUT OF OR INCIDENTAL TO THE AUCTION, REGARDLESS OF WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION OF LISTAREALESTATE.COM, ITS OWNER, ITS EMPLOYEES, ITS AFFILIATED OR RELATED ENTITIES, OR AUCTIONEER, ITS EMPLOYEES, ITS AFFILIATED OR RELATED ENTITIES.

Monitoring

ListARealestate.com shall have the right, but not the obligation, to monitor the content of ListARealestate.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by ListARealestate.com and to satisfy any law, regulation or authorized government request. ListARealestate.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on ListARealestate.com. Without limiting the foregoing, ListARealestate.com shall have the right to remove any material that ListARealestate.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnification

You agree to defend, indemnify and hold harmless ListARealestate.com, its owner, its directors, officers, employees, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of ListARealestate.com's Services.

Entire Agreement

This Agreement and any operating rules for ListARealestate.com established by ListARealestate.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Governing Law; Jurisdiction and Venue

The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate court located in Georgia. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Georgia, U.S.A., for any litigation arising out of or relating to the use of the our Services, waive any objection to the venue of any such litigation in the Georgia courts. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this paragraph.