WE HAVE MADE EVERY
EFFORT TO ACCURATELY REPRESENT OUR PRODUCTS AND SERVICES. THE REPRESENTATION OF
THE POTENTIAL OF OUR PRODUCTS AND SERVICES IS SUBJECT TO OUR INTERPRETATION.
WHILE THE EARNINGS POTENTIAL FOR THOSE PEOPLE THAT USE OUR PRODUCTS AND
SERVICES IS USUALLY ENCOURAGING. YOU ACKNOWLEDGE THAT YOUR EARNING POTENTIAL IS
SUBJECT TO MANY INDEPENDENT FACTORS, ALL OF WHICH VARY FROM INDIVIDUAL TO
INDIVIDUAL AND ARE OFTEN OUT OF ANY INDIVIDUAL’S CONTROL.
AS SUCH, WE MAKE
NO WARRANTY OR GUARANTEE OF ANY KIND THAT YOU WILL EXPERIENCE ANY SPECIFIC
LEVEL OF EARNINGS BY USING OUR PRODUCTS AND SERVICES.
ANY EXAMPLES WE
HAVE PROVIDED SHOULD NOT BE INTERPRETED AS ANY GUARANTEE OF EARNINGS. WE DO NOT
ASSERT THAT OUR PRODUCTS AND SERVICES REPRESENT A “GET RICH SCHEME.”
UPON REQUEST, WE
MAY ASSIST YOU IN THE VERIFICATION OF CLAIMS OF ACTUAL EARNINGS AND/OR EXAMPLES
OF ACTUAL RESULTS ACHIEVED, THOUGH WE ARE UNDER NO OBLIGATION TO DO SO.
HOWEVER, WE CANNOT
AND DO NOT OFFER YOU ANY DIRECT FINANCIAL ADVICE, TAX ADVICE OR LEGAL ADVICE, NOR
ARE WE RESPONSIBLE FOR ANY FINANCIAL DECISIONS YOU MAKE. AS ALWAYS, IT IS YOUR
SOLE RESPONSIBILITY TO DISCUSS THE LEGALITY OR FINANCIAL SOUNDNESS OF ANY
DECISION YOU MAKE WITH A QUALIFIED PROFESSIONAL BEFORE MAKING SUCH A
DECISION. WE ALSO DO NOT OFFER LEGAL
ADVICE ON BUYING AND SELLING PROPERTY AS THE LAW WILL VARY COUNTRY TO COUNTRY
AND STATE TO STATE SO WE STRONGLY RECOMMEND YOU SEEK INDEPENDENT LEGAL ADVICE
PRIOR TO ENGAGING IN ANY TRANSACTIONS.
IN OUR PRODUCTS AND SERVICES MAY CONTAIN INFORMATION THAT INCLUDES
FORWARD-LOOKING STATEMENTS AS DEFINED BY THE “PRIVATE SECURITIES LITIGATION
REFORM ACT OF 1995.” WE BASE ANY FORWARD-LOOKING STATEMENTS SOLELY UPON OUR
EXPECTATIONS ON EVENTS THAT HAVE NOT YET OCCURRED.
YOU CAN EASILY
IDENTIFY SUCH STATEMENTS, AS THEY DO NOT RELATE SPECIFICALLY TO ANY FACTS,
WHETHER HISTORICAL OR IN CURRENT DAY. THESE STATEMENTS USE WORDS SUCH AS “ANTICIPATE,”
“BELIEVE,” “ESTIMATE,” “EXPECT,” “INTEND,” “PLAN,” “PROJECT,” AND OTHER SUCH
WORDS THAT IMPLY SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL
EARNINGS AND FINANCIAL PERFORMANCE.
ANY AND ALL
FORWARD LOOKING STATEMENTS USED WITH OUR PRODUCTS AND SERVICES ARE SOLELY BASED
UPON OUR OPINION OF EARNINGS POTENTIAL. AS THERE ARE MANY FACTORS THAT WILL
DETERMINE YOUR ACTUAL RESULTS, WE MAKE NO GUARANTEES THAT YOU WILL ACHIEVE
SIMILAR OR ANY RESULTS FROM YOUR USE OF OUR PRODUCTS AND SERVICES.
agreement (the “Membership Agreement”) contains the terms and conditions that
govern your use of the Property Lifestyle Live website (the “Website”) and the
Services (as defined below). THIS MEMBERSHIP AGREEMENT DESCRIBES YOUR RIGHTS
AND RESPONSIBILITIES, AND INCLUDES DISCLAIMERS OF WARRANTIES, LIMITATIONS OF
LIABILITY, A CLASS ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL
CLAIMS. THESE PROVISIONS FOR AN ESSENTIAL BASIS OF OUR AGREEMENT.
If you do not agree
with any of these terms, do not access or otherwise use the Website or
Services, or any information or materials contained on the Website.
Live. (“PLL”) owns and operates the Website. This Membership Agreement is
between you and Property Lifestyle Live. Property Lifestyle Live reserves the
right to add, delete, and modify any of the terms and conditions contained in
this Membership Agreement at any time and in its sole discretion by posting a
change notice or a new agreement on the Website. In the event of substantive
changes to this Membership Agreement, the new terms will be posted to the
Website or FaceBook page, you will be required to affirmatively assent to its
terms, and you may also be notified by email. If any modification is unacceptable
to you, your only recourse is not to use the Website and the Services and to
request an immediate termination of your membership. Your express consent or
continued use of the Website or the Services following posting of a change
notice or new Membership Agreement on the Website will constitute binding
acceptance of the changes.
1. The Services
Lifestyle Live provides a number of Internet-based services through the Website
(all such services, collectively, the “the Services”), including without
limitation training and materials for you to develop and promote your property business.
Property Lifestyle Live reserves the right to add, change, and delete content
and services from the Website or Services from time to time.
1.2. If applicable,
you agree to pay, and authorize automatic recurring billing of, the membership
fee with your credit card, or other payment methods, until subsequently
cancelled. Your payment is non refundable, however, should you wish to cancel
within five days (allowing a cooling off period) we will refund you provided that you contact
us and request that we cancel your membership and refund your fee within the
initial five day period. You understand and agree that each subsequent
automatic recurring billing of the membership fee is not refundable and will
not be prorated.
Lifestyle Live reserves the right to change the membership fee from time to
2. Use of the
Website and the Services
Lifestyle Live will only knowingly provide the Services to parties that can
lawfully enter into and form contracts under applicable law. The Website and
the Services are not for anyone under the age of 18 and any such use is
2.2. You must
comply with all of the terms and conditions of this Membership Agreement, the
applicable agreements and policies referred to below, and all applicable laws,
regulations, and rules when you use the Website and the Services.
2.3. Your License
to Use the Website and the Services.
Lifestyle Live owns or licenses all intellectual property and other rights,
title, and interest in and to the Website, Services, and the materials
accessible on or through the Website and Services, except as expressly provided
for in this Membership Agreement. For example, and without limitation, Property
Lifestyle Live owns trademarks, copyrights, and certain technology used in
providing the Services. This futher extends to The Property Lifestyle and VIP
Property Lounge. You will not acquire
any right, title or interest therein under this Membership Agreement or
otherwise unless expressly provided for herein.
Lifestyle Live grants you a limited revocable license to access and use the
Website and Services for their intended purposes, subject to your compliance
with this Membership Agreement. This license does not include the right to
collect or use information contained on the Website for purposes that Property
Lifestyle Live prohibits or to compete with Property Lifestyle Live. If you use
the Website or the Services in a manner that exceeds the scope of this license
or breaches any relevant agreement, your license shall terminate immediately.
Services. Property Lifestyle Live may provide links on the Website to other
websites that are not affiliated with, under the control of, or otherwise
maintained by Property Lifestyle Live, and may use third parties to provide
certain services accessible through the Website. Property Lifestyle Live does
not control those third parties or their services, and you agree that Property
Lifestyle Live will not be liable to you in any way for your use of such
policies. You must comply with such terms and policies as well as this
Membership Agreement when you use these services. If any such terms or policies
conflict with the Membership Agreement, agreements or policies, you must comply
with the Membership Agreement, agreements, or policies, as applicable. Property
Lifestyle Live does not endorse or make any representations or warranties about
third party sites or any information, software, or other products or services
3.1. For the
purpose of this Membership Agreement, “Confidential Information” shall be
deemed to include all information and materials that: (a) if in written format
is marked as confidential, or (b) if disclosed verbally is noted as
confidential at time of disclosure, or (c) in the absence of either (a) or (b)
is information which a reasonable party would deem to be non-public information
Information shall include without limitation: all information provided on or
through the Website or the Services; trade secrets, inventions, research
methods, methods of compiling information, methods of creating the Property
Lifestyle Live database, procedures, devices, machines, equipment, data
processing programs, software, computer models, research projects, and other
means used by Property Lifestyle Live in the conduct of its business; product
formulations, strategies and plans for future business, new business, product
or other development, new and innovative product ideas, potential acquisitions
or divestitures, and new marketing ideas; information with respect to costs, commissions,
fees, profits, sales, markets, sales methods and financial information; mailing
lists, the identity of Property Lifestyle Live customers, potential customers,
distributors, and suppliers and their names and addresses, the names of
customer representatives responsible for entering into contracts for Property
Lifestyle Live’s products or services, the amounts paid by Property Lifestyle
Live customers, specific customer needs and requirements, and leads and
referrals to prospective customers; and the structure, sequence, and
organization of the Property Lifestyle Live and The Property Lifestyle databases,
together with source code and object code; and the identity of Property
Lifestyle Live employees, their respective salaries, bonuses, benefits, qualifications
acknowledge and agree that the nature of Property Lifestyle Live’s confidential,
proprietary, and trade secret information to which you have, and will continue
to have, access to derives value from the fact that it is not generally known
and used by others in the highly competitive, international industry in which Property
Lifestyle Live competes. You further acknowledge and agree that, even in
complete good faith, it would be impossible for you to work in a similar capacity
for a competitor of Property Lifestyle Live without drawing upon and utilizing
information gained pursuant to this Membership Agreement.
acknowledge that you are receiving such Confidential Information in confidence
and will not publish, copy, or disclose any Confidential Information without
prior written consent from the Company. You further agree that you shall not
attempt to reverse engineer, de-compile or try to ascertain the source code to Property
Lifestyle Live software or any other software supplied hereunder. You
acknowledge that you will only use the Confidential Information to the extent
necessary to promote your business, and that you will use best efforts to
prevent unauthorized disclosure of the Confidential Information to any third
obligation of confidentiality shall not apply to any particular portion of
Confidential Information which: (a) was in the public domain when Property
Lifestyle Live granted access to you; (b) entered the public domain through no
fault of you subsequent to receipt; (c) was in your possession free of any
obligation of confidence at the time of the disclosure by Property Lifestyle
Live; (d) was rightfully communicated by a third party to you free of any
obligation of confidence subsequent to the time of the originating party’s
communication thereof to you; (e) was developed by you independently of and
without knowledge or reference to any Confidential Information; (f) is approved
for release by written authorization from Property Lifestyle Live; or (g) is
required to be disclosed pursuant to any statute, law, rule or regulation of
any governmental authority or pursuant to any order of any court of competent
jurisdiction, but in any case, you will immediately notify Property Lifestyle
Live before disclosure and given a reasonable opportunity to obtain a
protective order or other form of protection.
3.6. You agree not
to alone or in association with others use Confidential or trade secret
information to (a) solicit, or facilitate any organization with which you are
associated in soliciting, any employee or customer of Property Lifestyle Lives to
alter its relationship with Property Lifestyle Live; (b) solicit for
employment, hire, or engage as an independent contractor, or facilitate any
organization with which Property Lifestyle Live
or The Property Lifestyle is associated in soliciting for employment,
hire, or engagement as an independent contractor, any person who was employed
by Property Lifestyle Live at any time during the term of this Membership
Agreement (provided, that this clause (b) shall not apply to any individual
whose employment with Property Lifestyle Live was terminated for a period of
one year or longer); or (c) solicit business from or perform services for any
customer, supplier, licensee, or business relation of Property Lifestyle
Live’s, induce or attempt to induce, any such entity to cease doing business
with Property Lifestyle Live; or in any way interfere with the relationship
between any such entity and Property Lifestyle Live.
3.7. You agree
that you will not make any derogatory statements, either oral or written, or
otherwise disparage Property Lifestyle Live, Property Lifestyle Live’s products,
employees, services, work or employment, and will take all reasonable steps to
prevent others from making derogatory or disparaging statements. You agree that
it would be impossible, impractical, or extremely difficult to fix the actual
damages suffered by reason of a breach of this paragraph, and accordingly
hereby agree that five thousand dollars ($5,000) shall be presumed to be the
amount of damages sustained by reason of each such breach, without prejudice to
Property Lifestyle Live’s right to also seek injunctive or other equitable
3.8. Other than as
expressly provided for herein, in no event shall you be deemed by virtue hereof
to have acquired any right or interest by license or otherwise, in or to the
3.9. You agree
that all originals and any copies of the Confidential Information remain the
property of Property Lifestyle Live. You shall reproduce all copyright and
other proprietary notices, if any, in the same form that they appear on all the
materials provided by Property Lifestyle Live, on all copies of the
Confidential Information made by you. You agree to return all originals and
copies of all Confidential Information in your possession or control to Property
Lifestyle Live at Property Lifestyle Live’s request.
4. General Rules
Use. You may not use The Property Lifestyle Website and Services to promote
your business, unless expressly permitted by Property Lifestyle Live. You may
not cause harm to the Website or Services. Specifically, but not by way of
limitation, you may not: (i) interfere with the Website or Services by using
viruses or any other programs or technology designed to disrupt or damage any
software or hardware; (ii) modify, create derivative works from, reverse
engineer, decompile or disassemble any technology used to provide the Website
or Services; (iii) use a robot, spider or other device or process to monitor
the activity on or copy pages from the Website or Services, except in the
operation or use of an internet “search engine,” hit counters or similar
technology; (iv) collect electronic mail addresses or other information from
third parties by using the Website or Services; (v) impersonate another person
or entity; (vi) engage in any activity that interferes with another user’s
ability to use or enjoy the Website or Services; (vii) assist or encourage any
third party in engaging in any activity prohibited by this Membership
Agreement; (viii) co-brand the Website or Services; (ix) frame the Website or
Services; or (x) hyper-link to the Website or Services, without the express
prior written permission of an authorized representative of Property Lifestyle
Policy. By entering into this Membership Agreement, you agree to the
collection, use and disclosure of your personal information in accordance with
Policies. If you purchase any products or services on or through the Website or
Service, you agree that your use of the product or service is limited by this
Membership Agreement as well.
Restricted Areas of the Website. Most areas of the Website are password
restricted to registered users (“Password-Protected Areas”). If you have
registered as an authorized user to gain access to these Password-Protected
Areas, you agree that you are entirely responsible for maintaining the
confidentiality of your password, and agree to notify Property Lifestyle Live if
the password is lost, stolen, disclosed to an unauthorized third party, or
otherwise may have been compromised. You agree that you are entirely
responsible for any and all activities that occur under your account, including
any fees that may be incurred under your password-protected account, whether or
not you are the individual who undertakes such activities. You agree to immediately
notify Property Lifestyle Live of any unauthorized use of your account or any
other breach of security in relation to your password or the Website that is
known to you.
4.5. Spam Policy:
You may not use the Website or Services to engage in unethical marketing
activities, including without limitation spamming. The following are examples
of activities that are not permitted, and which may result in an immediate
deactivation of your account or termination of your membership: a) disguising
the origin of any content transmitted to or through the Website or Services, or
using any other means of deceptive addressing; b) relaying email from a third
party’s mail servers without the permission of that third party; c)
transmitting any material that is unlawful or used without adequate permission
from the owner of the material; d) harvesting email addresses in a manner that
is unlawful or in violation of the rights of a third party; e) sending email
that contains inaccurate header information or domain names that are not valid
or do not exist; f) sending email that contains false or misleading information
in the subject line or body of the message; g) sending email that does not
indicate that it is an advertisement, does not include a functioning opt-out
mechanism, or does not include your valid physical mailing address; or h)
sending email that violates applicable law, including without limitation the
CAN-SPAM Act or the applicable laws of the jurisdictions from which you send
email or in which the email is received the acceptable use policies of Property
Lifestyle Live’s email service provider.
5. Reservation of
5.1. Monitoring. Property
Lifestyle Live reserves the right, but does not assume the obligation, to
monitor transactions and communications that occur through the Website and
Service. If Property Lifestyle Live determines, in its sole and absolute
discretion, that you or another user has or will breach a term or condition of
this Membership Agreement or that such transaction or communication is
inappropriate, Property Lifestyle Live may cancel such transaction or take any
other action to restrict access to or the availability of any material that may
be considered objectionable, without any liability to you or any third party.
of the Service. Property Lifestyle Live may modify the Website or Services at
any time with or without notice to you, and will incur no liability for doing
Lifestyle Live asks that you respect the Website online community. Your conduct
when using the Website and Services should be guided by common sense and basic
etiquette. To further these common goals, you agree not to:
the products or services of any company or individual.
or represent Property Lifestyle Live, The Property Lifestyle staff, or other
6.1.3. Link to or
post content not allowed on the Website.
6.1.4. Solicit a
user’s password or other account information.
user information for any purpose.
racially or ethnically offensive language; discuss or incite illegal activity;
use explicit or obscene language; or solicit or post sexually explicit images.
threaten, or embarrass anyone.
anything that you do not have the legal right to post; and
6.1.9. Violate any
law, or make any untrue or misleading statement;
Submissions. When you submit questions, comments, suggestions, ideas, message
board postings, material submitted via web forms, contest entries,
communications or any other information (“Submissions”), you grant Property
Lifestyle Live an unrestricted license to use such Submissions for any purpose,
including without limitation marketing and other promotional purposes and the
right to sublicense. You agree that Property Lifestyle Live will have no
obligation to keep any Submissions confidential. You will not bring a claim
against Property Lifestyle Live based on “moral rights” or the likes arising
from Property Lifestyle Live’s use of a Submission.
by Others. Property Lifestyle Live does not control the content posted by third
parties and does not guarantee the accuracy, integrity, or quality of such
content. You understand that by using the Website or Services, you may be
exposed to content that is offensive, indecent, or objectionable. Under no
circumstances will Property Lifestyle Live be liable in any way for any
content, including, but not limited to, for any errors or omissions in any
content, or for any loss or damage of any kind incurred as a result of the use
of any content posted, emailed, transmitted, or otherwise made available via
the Website or Services by third parties.
Representations and Warranties. Each party represents to the other that: (i)
the party has the full power and authority to enter into and perform under this
Membership Agreement, (ii) execution and performance of this Membership
Agreement does not constitute a breach of, or conflict with, any other
agreement or arrangement by which the party is bound, and (iii) the terms of
this Membership Agreement are a legal, valid, and binding obligation of the
party entering into this Membership Agreement, enforceable in accordance with
these terms and conditions.
8.2. By You. You
represent and warrant to Property Lifestyle Live that, in your use of the
Website and Services, you: (i) will not infringe the copyright, trademark,
patent, trade secret, right of privacy, right of publicity or other legal right
of any third party; (ii) will comply with all applicable laws, rules, and
regulations; (iii) will not disrupt or damage any software or hardware; and
(iv) you will provide correct, current, and complete billing and contact
9. Arbitration and
Waiver of Class Claims
UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND
Property Lifestyle Live, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT
CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE, OR LOCAL STATUTE, LAW, ORDER,
ORDINANCE, OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY
THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE
AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE
PARTIES FURTHER AGREE THAT THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE
ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A
DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE
COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A NEW
ZEALAND COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE
PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION,
APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE
FEDERAL ARBITRATION ACT (“FAA”).
9.2. The following
procedures shall apply:
9.2.1. Any party
that intends to make a claim shall first notify the opposing party in writing
of such intention and shall describe in such notice, with reasonable
particularity, the nature and basis of such claim, and the total amount of the
claim. Within thirty (30) days of receipt of such notice, the party receiving
notice of a claim shall provide a written response which, with reasonable
particularity, sets forth its position concerning the claim. If the parties are
unable to resolve the dispute arising from the claim by good faith negotiations
to be conducted within the thirty (30)-day period following the written
response, either of them may initiate binding arbitration pursuant to the terms
and conditions set forth below.
9.2.2. In the
event a party elects to proceed with binding arbitration, it shall provide
written notice thereof to the other party by registered or certified mail. The
arbitration shall be conducted in New Zealand, or the State of California (at
Property Lifestyle Live’s discretion), but may proceed telephonically in the
event the total amount of the claim does not exceed $2,500 U.S. dollars (if the
claimant so chooses).
and apart from the agreement to arbitrate set forth above, the parties hereby
independently waive any right to bring or participate in any class action in
any way related to, or arising from, this Membership Agreement.
OF WARRANTIES Property Lifestyle Live and or The Property Lifestyle PROVIDES
THE WEBSITE, SERVICES, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS Property
Lifestyle Live DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, OR
WEBSITE CONTENT, OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE
OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL
OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Property
Lifestyle Live MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS
MEMBERSHIP AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, AND NON-INFRINGEMENT.
10.2. EXCLUSION OF
DAMAGES. Property Lifestyle Live WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES
(INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL)
ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE OR
SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF
OF LIABILITY. IN NO EVENT WILL Property Lifestyle Live’s LIABILITY IN
CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE LESSER OF (i)
THE AMOUNT PAID TO Property Lifestyle Live BY YOU DURING THE SIX MONTHS
IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (ii) ONE
HUNDRED DOLLARS ($100).
11.1. You must
indemnify and hold Property Lifestyle Live and its employees, representatives, agents,
affiliates, directors, officers, managers and shareholders (the “Parties”)
harmless from any damage, loss, or expense (including without limitation,
attorneys’ fees and costs) incurred in connection with any third-party claim,
demand or action (“Claim”) brought against any of the Parties alleging that you
have breached any of provision in this Membership Agreement through any act or
omission. If you have to indemnify Property Lifestyle Live under this section, Property
Lifestyle Live will have the right to control the defense, settlement, and
resolution of any Claim at your sole expense. You may not settle or otherwise
resolve any Claim without the express written permission of Property Lifestyle
You agree that, under certain circumstances and without prior notice, Property
Lifestyle Live may suspend or terminate your use of the Website or Services,
including without limitation, if Property Lifestyle Live believes, in its sole
and absolute discretion, that you have breached a term of this Membership
Agreement. You acknowledge and agree that all suspensions and terminations
shall be made in Property Lifestyle Live’s sole discretion and that Property
Lifestyle Live shall not be liable to you or any other party for said
suspension or termination.
Upon termination, your license to use the Website, Services, and everything
accessible by or through the Website or Services shall terminate and the
remaining provisions of this Membership Agreement shall survive indefinitely
unless and until Property Lifestyle Live chooses to terminate them.
12.3. Effect of
Termination. Upon termination of any part of this Agreement for any reason, Property
Lifestyle Live may delete or assume ownership of any Content or other
things—including without limitation URLs, domain names, and email
lists—relating to your use of the Website or Services that is on Property
Lifestyle Live or The Property
Lifestyle’s servers or otherwise in Property Lifestyle Live’s possession or
control, and Property Lifestyle Live will have no liability to you or any third
party for doing so.
13.1. All notices
required or permitted to be given under this Membership Agreement will be in
writing and delivered to the other party by any of the following methods: (i)
U.S. mail, (ii) overnight courier, or (iii) electronic mail. (iv) NZ Mail. If you give notice to Property Lifestyle Live,
you must use the following address: Property Lifestyle Live, 212 Glenmore Rd,
RD3, Albany, Auckland 0793, New Zealand.. If Property Lifestyle Live provides
notice to you, Property Lifestyle Live will use the contact information
provided by you. All notices will be deemed received as follows: (i) if by
delivery by NZ mail, ten (10) business days after dispatch, (ii) if by
overnight courier, on the date receipt is confirmed by such courier service, or
(iii) if by electronic mail, 24 hours after the message was sent, if no “system
error” or other notice of non-delivery is generated. If applicable law requires
that a given communication be “in writing,” you agree that email communication
will satisfy this requirement.
of Claims of Infringement
Lifestyle Live respects the intellectual property of others, and asks users to
do the same. Property Lifestyle Live may, in appropriate circumstances and at
its discretion, terminate service to users who infringe the intellectual
property rights of others. If you believe that your work has been copied in a
way that constitutes copyright infringement, please contact Property Lifestyle
Live’s designated agent to receive notice of claimed infringement: Property
Lifestyle Live. Provide the following information required by the Digital
Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; (ii) a description of the copyrighted work that you claim
has been infringed, including the URL (i.e., web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work; (iii)
identification of the URL or other specific location on the Website where the
material that you claim is infringing is located; (iv) your address, telephone
number, and email address; (v) a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; (vi) a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
Membership Agreement will be binding upon each party hereto and its successors
and permitted assigns, and governed by and construed in accordance with the
laws of New Zealand without reference to conflict of law principles. This
Membership Agreement will not be assignable or transferable by you without Property
Lifestyle Live’s prior written consent. This Membership Agreement (including
all of the policies and other Agreements described in this Membership
Agreement, which are hereby incorporated herein by this reference) contain the
entire understanding of the parties regarding its subject matter, and
supersedes all prior and contemporaneous agreements and understandings between
the parties regarding its subject matter. No failure or delay by a party in
exercising any right, power or privilege under this Membership Agreement will
operate as a waiver thereof, nor will any single or partial exercise of any
right, power or privilege preclude any other or further exercise thereof or the
exercise of any other such right, power, or privilege. Any rights not expressly
granted herein are reserved. You and Property Lifestyle Live are independent
contractors and independent businesses, and no agency, partnership, joint
venture, or employee-employer relationship is intended or created by this
Membership Agreement. The invalidity or unenforceability of any provision of
this Membership Agreement will not affect the validity or enforceability of any
other provision of this Membership Agreement, all of which will remain in full
force and effect. If you have questions or concerns regarding this Membership
Agreement, you should contact Property Lifestyle Live by emailing support@ Propertylifestylelive.com
and writing “Membership Agreement” in the subject line.
policy has been compiled to better serve those who are concerned with how their
‘Personally identifiable information’ (PII) is being used online. PII, as used
in US privacy law and information security, is information that can be used on its
own or with other information to identify, contact, or locate a single person,
carefully to get a clear understanding of how we collect, use, protect or
otherwise handle your Personally Identifiable Information in accordance with
information do we collect from the people that visit our blog, website or app?
When ordering or
registering on our site, as appropriate, you may be asked to enter your name,
email address or other details to help you with your experience.
When do we collect
information from you when you register on our site, fill out a form or enter
information on our site.
How do we use your
We may use the
information we collect from you when you register, make a purchase, sign up for
our newsletter, respond to a survey or marketing communication, surf the
website, or use certain other site features in the following ways:
• To personalize
user’s experience and to allow us to deliver the type of content and product
offerings in which you are most interested.
• To improve our
website in order to better serve you.
• To allow us to
better service you in responding to your customer service requests.
• To administer a contest,
promotion, survey or other site feature.
• To quickly
process your transactions.
• To send periodic
emails regarding your order or other products and services.
How do we protect
We do not use
vulnerability scanning and/or scanning to PCI standards.
information is contained behind secured networks and is only accessible by a
limited number of persons who have special access rights to such systems, and
are required to keep the information confidential. In addition, all
sensitive/credit information you supply is encrypted via Secure Socket Layer
We implement a
variety of security measures when a user places an order enters, submits, or
accesses their information to maintain the safety of your personal information.
are processed through a gateway provider and are not stored or processed on our
Do we use
Yes. Cookies are
small files that a site or its service provider transfers to your computer’s
hard drive through your Web browser (if you allow) that enables the site’s or
service provider’s systems to recognize your browser and capture and remember
process the items in your shopping cart. They are also used to help us
understand your preferences based on previous or current site activity, which
us compile aggregate data about site traffic and site interaction so that we
can offer better site experiences and tools in the future.
• Help remember and
process the items in the shopping cart.
• Understand and
save user’s preferences for future visits.
• Keep track of
aggregate data about site traffic and site interactions in order to offer
better site experiences and tools in the future. We may also use trusted third
party services that track this information on our behalf.
You can choose to
have your computer warn you each time a cookie is being sent, or you can choose
to turn off all cookies. You do this through your browser (like Internet
Explorer) settings. Each browser is a little different, so look at your
browser’s Help menu to learn the correct way to modify your cookies.
If users disable
cookies in their browser:
If you disable
cookies off, some features will be disabled. It will turn off some of the
features that make your site experience more efficient and some of our services
will not function properly.
However, you can still
We do not sell,
trade, or otherwise transfer to outside parties your personally identifiable
Third party links
our discretion, we may include or offer third party products or services on our
website. These third party sites have separate and independent privacy
policies. We therefore have no responsibility or liability for the content and
activities of these linked sites. Nonetheless, we seek to protect the integrity
of our site and welcome any feedback about these sites.
advertising requirements can be summed up by Google’s Advertising Principles.
They are put in place to provide a positive experience for users.
We have not
enabled Google AdSense on our site but we may do so in the future.
We don’t need
Online Privacy Protection Act)
When it comes to
the collection of personal information from children under 13, the Children’s
Online Privacy Protection Act (COPPA) puts parents in control. The Federal
Trade Commission, the nation’s consumer protection agency, enforces the COPPA
Rule, which spells out what operators of websites and online services must do
to protect children’s privacy and safety online.
We do not
specifically market to children under 13.
Information Practices Principles form the backbone of privacy law in the United
States and the concepts they include have played a significant role in the
development of data protection laws around the globe. Understanding the Fair
Information Practice Principles and how they should be implemented is critical
to comply with the various privacy laws that protect personal information.
In order to be in
line with Fair Information Practices we will take the following responsive
action, should a data breach occur that we are aware of:
We will notify the
users via email
• Within 1
We will notify the
users via in site notification
• Within 1
We also agree to
the individual redress principle, which requires that individuals have a right
to pursue legally enforceable rights against data collectors and processors who
fail to adhere to the law. This principle requires not only that individuals
have enforceable rights against data users, but also that individuals have
recourse to courts or a government agency to investigate and/or prosecute
non-compliance by data processors.
Act is a law that
sets the rules for commercial email, establishes requirements for commercial
messages, gives recipients the right to have emails stopped from being sent to
them, and spells out tough penalties for violations.
We collect your
email address in order to:
information, respond to inquiries, and/or other requests or questions.
• Process orders
and to send information and updates pertaining to orders
• We may also send
you additional information related to your product and/or service.
• Market to our
mailing list (Property Lifestyle Live and The Property Lifestyle) or continue
to send emails to our clients after the original transaction has occurred
To be accordance
with CAN-SPAM we agree to the following:
• NOT use false,
or misleading subjects or email addresses
• Identify the
message as an advertisement in some reasonable way
• Include the physical
address of our business or site headquarters
• Monitor third
party email marketing services for compliance, if one is used.
opt-out/unsubscribe requests quickly
• Allow users to
unsubscribe by using the link at the bottom of each email
If at any time you
would like to unsubscribe from receiving future emails, you can
• Follow the
instructions at the bottom of each email.