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Terms of Use Agreement for Clark Select Properties, Inc.

Welcome to Clark Select Properties, Inc. web site (the Site). These terms of use (Site Terms) apply exclusively to your access to, and use of, our Site so please read them carefully. They do not alter in any way the terms or conditions of any other written agreement you may have with us for other products or services. By accessing our Site, you agree to the terms and conditions of our then current Site Terms.

We reserve the right to change or modify any of the terms and conditions contained in the Site Terms or any policy(s) or guideline(s) of the Site, at any time and in its sole discretion. If we decide to change our Terms of Use Agreement policy, Privacy Policy or any other policy, we will post a new policy on our site and update the policy date. Therefore, we encourage you to check the date of our Site Terms whenever you visit this site to check if it has been updated. Any changes or modification will be effective upon posting of the revisions. Your use of this Site following the posting of its changes or modifications will constitute your acceptance of the revised Site Terms.

If you do not agree to these Site Terms (including any referenced policies or guidelines) as modified from time to time, please do not access or otherwise use the services available from our Site. If you have any questions regarding the use of our Site, please e-mail us at admin@clarkselect.com

License and Site Access

We grant you a limited license to make personal use only of our Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise, in or under any patent, trademark, copyright or proprietary right of Clark Select Properties, Inc™., Gil Clark™, ExpressMLSListing.com™ or any third party.

You may not use, frame or utilize framing techniques to enclose any Clark Select Properties, Inc™., Gil Clark™, ExpressMLSListing.com™ name, trademark or product name without our express written consent.

Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law.

Other Policies or Terms

Privacy Statement. We believe strongly in providing you notice of how we collect and use data, including personally identifying information collected from our Site. Therefore, we have adopted a Privacy Statement to which you should refer to fully understand how we collect and use information you provide us in this Site and by other means.

"Only a Forum"

This Site and the services offered herein are provided solely as a forum and technical interface that allows you to provide information related to the listing of your home, information related to new homes you may be seeking, and connects homeowners and homebuyers with other Realtors® (licensed real estate agents and brokers) and other house-related service providers. Gil Clark, and where required Clark Select Properties, Inc., is a licensed real estate broker in Virginia, Maryland and the District of Columbia and provides real estate services as provided by law. Gil Clark and Clark Select Properties, Inc. does not provide any real estate services unless a Listing Agreement is in force between us, nor is there providing of any appraisal or other house-related services except for referral services to other Realtors ® upon your request in this Site. Although referral services to other Realtors ® are provided upon your request, we do not sponsor, endorse, recommend or approve of any real estate agent, broker or other house-related service provider who offers services through this Site. You should use your independent judgment of the merits of any individual, entity or information that you find on or through, this Site. While we try to confirm that participating real estate agents, brokers and other house-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other house-related service provider who offers services on this Site is licensed, qualified, or capable of performing any such service.

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, ExpressMLSListing.com, Clark Select Properties, Inc., Gil Clark, ExpressMatch, Home Broadcast logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2001 Gil Clark, Clark Select Properties, Inc. and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Gil Clark, Clark Select Properties, Inc. or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial and informational use only; provided that, you may not, without the permission of Gil Clark, Clark Select Properties, Inc. or the respective copyright owner, (a) copy, publish or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.

Trademarks and Service Marks

ExpressMLSListing.com, Clark Select Properties, Inc., Gil Clark, ExpressMatch, Home Broadcast logos, and the products and services described in this Site, including without limitation, are either trademarks, service marks or registered trademarks of Gil Clark, Clark Select Properties, Inc. and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gil Clark, Clark Select Properties, Inc. or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Gil Clark, Clark Select Properties, Inc. and may not be copied, imitated, or used, in whole or in part, without our written permission. All other trademarks, registered trademarks, product names and Gil Clark, Clark Select Properties, Inc. names or logos mentioned herein are the property of their respective owners.

Responsibility for Your Conduct

You shall remain solely liable for your conduct or any information that you upload or transmit to this Site. You agree to indemnify and hold harmless Gil Clark, Clark Select Properties, Inc. from any claim, action, demand, loss or damages (including reasonable attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.

Linking

Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray ExpressMLSListing.com, Clark Select Properties, Inc., Gil Clark, ExpressMatch, Home Broadcast or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use any ExpressMLSListing.com, Clark Select Properties, Inc., Gil Clark, ExpressMatch, Home Broadcast logo or other proprietary graphic or trademark of Gil Clark, Clark Select Properties, Inc. to link to this Site without our express written permission. This limited right may be revoked at any time.

Third-Party Sites. We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Gil Clark, Clark Select Properties, Inc. and we cannot be and are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of the site or any information contained therein. When leaving the Site, you should be aware that our terms and policies no longer govern, and therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to ExpressMLSListing.com, Gil Clark, Clark Select Properties, Inc., or postings on this Site, are non-confidential (subject to our

). We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. the submission of any materials to Gil Clark, Clark Select Properties, Inc., including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Disclaimers

THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK. EXPRESSMLSLISTING.COM, CLARKSELECT.COM, GIL CLARK, CLARK SELECT PROPERTIES, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE.

, EXPRESSMLSLISTING.COM, CLARKSELECT.COM, GIL CLARK, CLARK SELECT PROPERTIES, INC. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. EXPRESSMLSLISTING.COM, CLARKSELECT.COM, GIL CLARK, CLARK SELECT PROPERTIES, INC. IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE EXPRESSMLSLISTING.COM, CLARKSELECT.COM, GIL CLARK, CLARK SELECT PROPERTIES, INC. ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, EXPRESSMLSLISTING.COM, CLARKSELECT.COM, GIL CLARK, CLARK SELECT PROPERTIES, INC. CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We reserve the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, process, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Limitation of Liability

IN NO EVENT SHALL EXPRESSMLSLISTING.COM, CLARKSELECT.COM, GIL CLARK, CLARK SELECT PROPERTIES, INC. BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH THIS SITE.

Applicable Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, applicable to agreements made and entirely to be performed within the Commonwealth of Virginia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Northern Virginia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

General Terms

No waiver by ExpressMLSListing.com, Gil Clark, Clark Select Properties, Inc. whether express or implied, of any provision of these Site Terms shall constitute a continuing waiver of such provision or a waiver of any other provision of these Site Terms. Nor shall Gil Clark, Clark Select Properties, Inc. be estopped from enforcing any provision of these Site Terms, except by written instrument executed by Gil Clark, Clark Select Properties, Inc. Notwithstanding any of these terms and conditions, we reserve the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.