Terms and Conditions of Use of http://is-selling.com

User Guidelines

1. Image upload parameters are detailed in the admin panel of your is-selling sites (up to 500k per image). All images are to be pertinent to the property being presented for sale on your .is-sellling.com site and any inappropriate or illegal images will be removed (see more on image uploads hereunder).
   
2. Users will be responsible for any links that they create on their sites and should note subject to the clause hereunder that is-selling.com is indemnified against any damages claims. Users must retain a disclaimer relative to their sites that addresses the issue of external links.
   
3. Users will adhere to the reasonable use terms when using the site and ensure that the contents of their sub-domain sites is relative to the theme of ‘is-selling.com’ which is specifically related to property. Typically, such property will be real property (as in ‘real estate’) however that could be extended to personal property including, automotive, marine, and various goods and chattels. is-selling.com reserves the absolute right to discretionally determine the appropriateness and suitability of any property (excluding “real estate” property) that is presented in any user sub-domain ‘is-selling.com’ site.
4. Users will not sell or sub-let any of their subdomain ‘is-selling.com’ sites, nor will they sell off site credits or ‘unlock’ codes. Agents that are affiliated through a network of real estate agents or working within the same office or group of offices may share site credits between themselves. Any doubts as to the terms stated herein clause 4 must be directed to ‘is-selling.com’ administration.
   

The following are the complete terms of a legal agreement between you and is-selling.com

(herein after referred to as the “Agreement”)

Welcome to is-selling.com (hereinafter referred to as is-selling.com), an Internet service network that provides Internet related services to businesses and individuals using the Internet with emphasis being in the property and real estate sectors. This website; http://is-selling.com, is a subsidiary of Syntonic Sites (http://.syntonicsites.com)   and is hereinafter referred to as “the Principal”. By accessing or using the http://is-selling.com website in any manner whatsoever you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (”Terms of Use” or “Agreement”), whether or not you are a registered member of any associated is-selling.com website. By using http://is-selling.com (hereinafter occasionally referred to as ‘the Site’) you acknowledge that the laws of your country allow access to http://is-selling.com . Membership in and or with http://is-selling.com or any of its subsidiaries is void where prohibited. This Agreement is subject exclusively to the laws and courts of law in the jurisdiction of the state of California, U.S.A. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. By clicking the “accept” when joining is-selling.com and/or simply by visiting the website you agree to be bound by is-selling.com terms & conditions, a full copy of which can be found at http://is-selling.com/terms and it is assumed that you have referred to the terms & conditions as laid out in that document and that your use of is-selling.com is irrevocably bound by acceptance of and agreement to those terms & conditions

Please read these terms of use carefully. It is understood and agreed that by accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by the terms and conditions as set forth below and to comply with all applicable laws and regulations.

Registration Data and Account Security

In consideration of your use of is-selling.com, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site “Registration Data” (important: such registration includes the submission of User’s First & Last names in ‘User Profile’ of Account admin panel within the first 7 days of Account creation); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Principal, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place arising from the use of your account.

Proprietary Rights in Site Content

All content on the Site and available through the is-selling.com website, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Principal, its users, owners, or its licensors with all rights reserved. No Site Content may be modified, copied, emulated, reverse engineered, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Principal’s prior written permission, except for the following: Provided that you are eligible for use of is-selling.com, you are granted a limited license to access and use the is-selling.com website and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use (subject to any separate commercial use provisions and governed by our “Reasonable Use” Policy and Agreement) provided that you keep all copyright or other proprietary notices intact. Except for your own user content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Principal, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Trademarks

The is-selling.com logo and any Principal’s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Principal in, Thailand, U.S.A., Canada, UK, Australia & New Zealand and/or other countries. Principal’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Principal.

Use of Site

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use is-selling.com to:

a) harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

b) use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

c) use automated scripts to collect information from or otherwise interact with the Service or the Site;

d) upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

e) register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

g) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

h) solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

i) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

j) intimidate or harass another user;

k) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

l) use or attempt to use another’s account, service or system without authorization from the Principal, or create a false identity on the Service or the Site;

m) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Principal, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Principal or its users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for information and content that you upload, publish or display (hereinafter, “post”) on or through http://is-selling.com, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Principal may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Principal violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Principal.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of is-selling.com, you automatically grant, and you represent and warrant that you have the right to grant, to the Principal an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with is-selling.com or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content you acknowledge that the Principal may retain archived copies of your User Content.

It is hereby specifically acknowledged by the user that is-selling.com is a business services network and does not provide any assurances as to the accuracy of any information posted by its users . Moreover, is-selling.com is not liable for the accuracy or content of the information that is provided by is-selling.com or its or users . Any information obtained from is-selling.com or its users, is to be used exclusively at the recipient’s own risk. Without limiting the generality of the above is-selling.com provides no assurances or warranties in respect to the use of or reliance upon any information that is-selling.com or its users provide. By furnishing information, is-selling.com does not grant any licenses, copyrights, patents or any other intellectual property rights. Any product or service is obtained from http://is-selling.com is provided on an “as is” basis without any warranties whatsoever, express or implied, and the use of that product or service is at your own risk. The Principal is also not responsible in law for any comments or opinions expressed by any of its users at the is-selling.com website. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors. The Principal may make improvements and/or changes in the products and information without notice. The Principal specifically reserves the right to cancel a user’s membership or restrict the use of the site by any user in its sole discretion and without cause but undertakes that the provisions made within the ‘Termination’ clause of this Agreement will be honored..

Global Availability

Information published by is-selling.com on the World Wide Web may contain references or cross references to is-selling.com products, programs or services that may not be available in your country. Such references do not imply that is-selling.com intends to announce such products, programs or services in your country or that such products or services will ever be available in your country.

http://is-selling.com Links

The Principal makes no representations whatsoever about any other Web site which you may link or access through from is-selling.com. When you access a non-is-selling.com Web site, even one that may contain the is-selling.com-logo, it is independent from is-selling.com and is-selling.com has no control over the content of that Web site. Any link to a non-is-selling.com Web site is not an indication that is-selling.com endorses or accepts any responsibility for the content or the use of such Web site. is-selling.com does not warranty the safe use of any site which is linked to or accessible from is-selling.com .The user acknowledges that they must take adequate precautions to ensure that any links, programs or websites accessed from or at is-selling.com is free of viruses, worms, trojan horses or anything which may be harmful to your security or your computer.

Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

The Principal does not assume any responsibility for the infringement of or conflict with any other agreements to which the user may be a party. The Principal is not liable and shall be held harmless to the extent that the use of the is-selling.com website may be in conflict with or an infringement of any other agreements to which the user may be a party. The user has agreed to the terms of this agreement and the use of the is-selling.com website without any inducement from is-selling.com whatsoever. The user agrees to hold harmless and indemnify is-selling.com from any claims that is-selling.com may have induced the user to use the services provided by this website and the user assumes full responsibility and any liability which may arise due to any use of this website which may be in conflict with or an infringement of any other agreements which the user may be a party to.

Privacy Policy

resiblogs has a privacy policy in place which can be located and  viewed at http://is-selling.com/privacy and is-selling.com insists and absolutely assumes that all users of is-selling.com will avail themselves of the detail and particulars of the Privacy Policy, an understanding of which is absolutely conditional to the use of the is-selling.com website.

User Disputes

You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Disclaimers

The Principal declares that it is not a real estate agent, broker, solicitor, property consultant, sales consultant, advertising agency or consultant and is not qualified to advise in these respects. All Users of the is-selling.com websites do so on the clear condition that they are acting entirely under their own volition and authority without influence, persuasion or advice from the Principal.

The Principal is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with is-selling.com, whether posted or caused by users of the Site, by is-selling.com, by third parties or by any of the equipment or programming associated with or utilized by is-selling.com.

The Principal does not control and is not responsible for what users post, transmit or share on the is-selling.com website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the is-selling.com Website or in connection with any User Content or Third Party Applications, Software or Content. The Principal is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Principal assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Principal is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Principal be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

The site, the service ,any platform applications and the site content are provided “as-is” and the principal disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The principal cannot guarantee and does not promise any specific results from use of the site and/or the service and/or any platform applications. the principal does not represent or warrant that software, content or materials on the site, the service or any platform applications are accurate, complete, reliable, current or error-free or that the site or service its servers, or any platform applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software (including any mobile client) from or through the service and any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.

The Principal reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Principal.

Refund policy

All sales are final.

With the exception of specific promotional offers which include trial period or refund guarantee agreements,- no refunds will be given for site activation keys that are delivered via digital download from our payment gateway or directly. If you encounter any problem with any is-selling.com site that you have enabled we will fix that problem for you. If you encounter any problem with activation key codes and find any that are inoperable we will replace them for you, and/or we can activate your site manually if required. Site administrators & members are entitled to request activation key code credits for sites that have been activated but are not required after a period of 21 days; this supports our ‘cost-free demo sites’ policy which carries ‘reasonable use’ conditions that will not be challenged by us unless we feel for some reason that the privilege is being misused. In circumstances where an agent is going out of business or changing their business marketing model we will agree to any remaining credits being passed on to or traded with another realty professional provided that we have been notified in writing.

Limitation on Liability

In no event will The Principal or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including any lost profits or lost data arising from your use of the site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the site, even if the principal is aware or has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, the principal’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the principal for the service during the term of membership, but in no case will the the Principal’s liability to you exceed $100.00 (one hundred US dollars) You acknowledge further that if no fees are paid to the Principal that you shall not be entitled to damages of any kind from the Principal, regardless of the cause of action.

Termination

If it becomes evident that you have breached the terms of this Agreement and/or abused your privilege of use, the Principal may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) . Whereas the Principal may have justifiable cause to terminate your membership and use of the site, such termination would only occur after communicating the matter with you and providing you with the opportunity to correct any violations. Prior to the correction of violation of terms and conditions the Principal in its sole and absolute discretion may choose to suspend your account and unpublish (but not delete) any offensive or unacceptable site content. In the event that communication has not been possible within a 45 day period (due to lack of response from you) the Principal would continue a suspension of account for a further 30 days after which it may delete your content and remove your user/member privileges entirely.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the state of California, USA without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Principal or any of our affiliates. You agree not to commence or prosecute any action in connection therewith other than in San Francisco, California, USA and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction. You agree that the Principal may at its sole and absolute exclusive discretion commence proceedings in any Court of Law in the jurisdiction of any international country or under International law in circumstances where it assumes a position of grievance arising from any breach of this agreement by persons residing outside the USA.
In consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto agree as follows:

1. You, and the legal entity to which you represent, if any (collectively referred to as “you”), agree to be bound by all of the terms of this agreement including the above and any additional terms.

2. You acknowledge and agree that neither is-selling.com nor any other person has made any representation to you relating to compensation payable by is-selling.com to you under this Agreement or for your use of the is-selling.com website. You further covenant and agree that you will not make any representations to any other person relating to compensation or commissions payable by is-selling.com to you under this Agreement or for their use of is-selling.com.

3. You have read and understood these terms of use and agree to be fully bound by them.

4. You have and will not contravene any non-competition agreement, non-solicitation agreement, confidentiality agreement, employment agreement or other agreement with your employer or with any other person to which you are a party, nor shall you contravene any of the policy or rules of your employer.

5. You have not and will not provide any data, content or information to is-selling.com that infringes any Intellectual Property Right of any other party and you shall have the sole responsibility for any infringement of any Intellectual Property Right of any third party in respect of all or any part of the Data. For the purposes of this Agreement, an “Intellectual Property Right” includes any right or protection existing from time to time in a specific jurisdiction, whether registered or not, under any intellectual property law including patent or invention law, copyright or moral rights law, privacy, confidential information law, trademark law, or other similar laws and includes legislation by competent governmental authorities and judicial decisions under common law or equity.

6. You will not harass another person or interfere with another person’s use of the Site, and you will not submit any material of a sexually explicit or pornographic nature, nor will you make any profane or discriminatory references. You will not knowingly transmit any computer virus, Trojan, worm or malware of any kind and if you become aware of any such potential infection you or threat will notify is-selling.com and/or the specific Subsidiary Site immediately.

7. You hereby grant to is-selling.com an irrevocable, non-exclusive, perpetual, royalty-free and worldwide license to access, reproduce, distribute, publicly display, and otherwise use the Data and all Intellectual Property Rights therein for The Principal’s own purposes and for the purposes of the is-selling.com System, together with the rights to sublicense such rights to the Data to other parties who utilize the is-selling.com System.

8. You represent and warrant to the Principal and acknowledge that the Principal is relying on such representations and warranties that any and all data inputted by you into the is-selling.com System is either owned by or proprietary to you or that you have all necessary consents, licenses, rights and waivers, to grant the license to use the Data and all Intellectual Property Rights therein as set out above.

9.  You hereby consent to the disclosure and use of such Data by the Principal.

10. You hereby acknowledge that the Principal reserves the right to refuse membership or terminate membership at its sole discretion.

11. You hereby acknowledge that the Principal reserves the right to review and to edit , in whole or in part, any posts submitted by members if, in the sole discretion of the Principal, the posting as submitted by the member is inappropriate , offensive, false or misleading or otherwise fails to meet the standards of the Principal. If taxes of any sort (other than taxes based solely on the net income of is-selling.com), including goods and services taxes, sales taxes, value added taxes, assessments, charges, levies, duties and export taxes, are imposed by any taxing authority (including federal, state, provincial, local or other governmental agencies or bodies), in respect of any amounts payable hereunder, such taxes shall be paid by, and shall be the sole responsibility of you.

12. You are responsible for all of your own expenses in connection with your performance of this Agreement.

13. The term of this Agreement shall begin on the date that you confirm your acceptance by clicking the “I ACCEPT” button and shall continue until terminated by either party. The Principal may terminate this Agreement in its sole discretion, without reason or cause and without notice to you except for the definitions stated under the ‘Termination’ clause of this Agreement being honored. Notwithstanding anything else stated within this clause #13 of this Agreement, any such termination by the Principal shall be in addition to and without prejudice to such rights and remedies as may be available to the Principal. Upon termination of this Agreement for any reason whatsoever, you shall thereafter refrain from accessing, browsing or otherwise using the is-selling.com System or Data provided therein. The Principal shall not, by reason of the termination of this Agreement be liable to you for compensation, reimbursement or damages.

14. You acknowledge that the Principal would suffer irreparable harm as a result of the breach of any of the obligations on your part as` set forth in this agreement and that legal remedies are inadequate; therefore, you agree that, in addition to any damages and other remedies that the Principal may be entitled to as a result of such a breach, is-selling.com shall be entitled to seek an order from a court of competent jurisdiction restraining you from breaching or continuing to breach any of the provisions of these Terms of Use. The covenants of the parties under this Section shall continue in full force and effect notwithstanding the termination of this Agreement.

15. You agree not to furnish any person, user or entity any warranties, undertakings or guarantees of any nature whatsoever which may involve the responsibility or liability of is-selling.com. This Agreement does not and shall not be construed to create any partnership or agency whatsoever as between you and the Principal.

16. Notwithstanding any other provision of this Agreement, if by reason of Force Majeure, either party is wholly or partly unable to perform certain of its obligations under this Agreement, it shall be relieved of those obligations to the extent, and for the period, that it is affected by Force Majeure, provided that the affected party gives the other party prompt notice of such inability and nature, cause and expected duration of the Force Majeure. For the purposes of this Agreement, “Force Majeure” means an event, the cause of which is beyond the reasonable control of the party affected thereby and which could not reasonably have been foreseen and provided against.

17. Any claim, dispute, or controversy of whatever nature arising out of or relating to this Agreement and any of the documents contemplated by or delivered under or in connection with this Agreement shall be governed by and construed under the laws of the State of California, USA, without giving effect to any choice of law principles that would require the application of the laws of a different state or country, and shall be brought exclusively in a court of competent jurisdiction, federal or state or provincial, located within the State of California, USA The parties hereby consent to personal jurisdiction and venue in, and agree to services of process issued or authorized by, such court.

18. This Agreement (including the documents and instruments referred to herein or therein and the schedules and exhibits hereto or thereto) constitutes the entirety of the agreement between the Principal and the user and supersedes all prior representations, arrangements, negotiations, understandings and agreements, if any , between the parties.

19. You agree that the Principal may change, amend or replace all or any part of this Agreement at any time that such changes, amendments or replacements shall be effective as of the time of posting of the changes, amendments or replacements to the Site. The Principal  will provide notice on the website of any material changes made to this Agreement and your continued use of the is-selling.com System after the time of posting of such notice will constitute evidence of your acceptance of the changed, amended or replaced Agreement. Otherwise, no change, modification, extension, termination, waiver or other amendment of this Agreement or any of the provisions contained herein, shall be valid unless made in writing and signed by a duly authorized representative of each party. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be construed as a further or continuing waiver of any such term, provision, or condition of this Agreement unless reduced to writing signed by an authorized representative of each party.

20. Time is of the essence.

21. You shall not assign this Agreement in whole or in part without The Principal’s approval. Notwithstanding anything else in this Agreement, the Principal may assign its interest in this Agreement to an affiliate of the Principal or to any entity with which it may merge or consolidate or which acquires substantially all of its business. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.

22. Notices shall be delivered to SyntonicSites.com c/o 1&1 Internet Inc. 701 Lee Road, Suite 300, Chesterbrook, PA 19087 USA.. The Principal may provide you notice or change its address for purposes of this Agreement by posting its address at this website. You shall be solely responsible for ensuring that the Principal is provided with your current address from time to time and the Principal may rely on the last address provided by you to http://is-selling.com for such purposes. For the avoidance of doubt, written notice shall include notice by e-mail or other electronic means.

23. The failure of the Principal to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

IN WITNESS WHEREOF the parties hereto have agreed to be bound by this Agreement effective as at the date that you confirm your acceptance by checking the “I AGREE” checkbox.

Important: by checking the box “I have read and agree to the Terms, Conditions & User guidelines“ and  by subsequently proceeding to register your is-selling.com site you agree to be legally bound by the terms and conditions of this agreement. If you do not agree with the terms and conditions of this agreement or with the is-selling.com user agreement, do not check the “I have read and agree to the Terms, Conditions & User guidelines” [of is-selling.com], do not confirm your acceptance by checking the “I agree” checkbox and do not access, browse or otherwise use the www.is-selling.com website and its sub sites (the “website”) or information, material, products or services provided therein. You agree that your accessing, browsing or other use of the website constitutes conclusive evidence of your agreement to the terms and conditions contained in this agreement and in the is-selling.com user agreement. This agreement is between you, the legal entity which you represent, if any (herein collectively referred to as “you”), and the Prinicpal and is effective as of the date that you confirm your acceptance by checking the “I agree” checkbox.

You acknowledge and agree that neither the Principal nor any other person has made any representation to you relating to compensation payable by the Principal to you under this agreement or for your participation in the is-selling.com system. You further covenant and agree that you will not make any representations to any other person relating to compensation or commissions payable by the Principal to you under this agreement or for their participation in or with any of the Principal’s business activities. [end].