TERMS AND CONDITIONS: REAL ESTATE BROKERAGE
By registering with ubpremier.com you agree to all the terms, conditions, guidelines, procedures, rules and regulations of Urban & Beyond Premier Properties, LLC .
In addition, by registering with Urban & Beyond Premier Properties, LLC, you consent to phone calls, texts and email messages from Urban & Beyond Premier Properties. If you opt into a business transaction with 3rd party vendors of Urban & Beyond Premier Properties, LLC or Urban & Beyond Concierge, you also agree to be contacted by phone and email by the respective vendor.
If you decide to be removed or opt out from contact or emails from Urban & Beyond Premier Properties, LLC, you will still receive calls, texts and emails from Urban & Beyond Premier Properties, LLC if you are actively seeking assistance from Urban & Beyond Premier Properties, LLC in finding help with services that we offer as these are necessary to communicate with you during the assistance process. However, there will be no more Marketing emails from Urban & Beyond Premier Properties, LLC if you have opted out. Then, once you have moved into your new home (or no longer using or Concierge services ) and completed any follow up processes or surveys, then, you will no longer receive any communication from Urban & Beyond Premier Properties, LLC unless you begin the process again.
When using Urban & Beyond Premier Properties, LLC, you consent and understand that the free service program does not apply to all communities (or properties) listed within Urban & Beyond Premier Properties, LLC search. Urban & Beyond Premier Properties, LLC will offer less free service or a reduced Rebate to communities that don't meet the minimum guidelines as long as qualifications are met. Should you opt for a free move incentive, our concierge department require a move time minimum of 2 1/2 hours and customers qualifying for less free hours will pay the difference (ex. if you qualify for 1 1/2 hours free, then, you pay for 1 hour to meet minimum 2 1/2 hours). By using Urban & Beyond Premier Properties, LLC, you understand the consequences of the aforementioned guidelines.
Urban & Beyond Premier Properties, LLC is a Free Apartment & Relocation Service for renter's and buyers and is NOT a Free Moving Service (the moving service is offered by a number of (vendors) moving companies of our choosing ). The web site is designed to assist you in locating a home that suits your needs. We represent thousands of properties and apartment communities in the United States and make their information available to you on this web site and via phone and email.
The FREE move offer is not all inclusive and extra fees may apply, subject to the moving company (vendor). There is a limit of 1 moving incensive per apartment unit. Roommates moving into the same unit can only utilize one free move or Rebate. If moving from and to the same location then both can move the same day in the same truck. If moving from different locations to the same unit, only one free move applies and there will be a $75 extra stop fee plus mileage fees to pick up second roommates’ items (must occur same day on same truck).
Only Rebates are available (no free move option) in some cases.
You must learn about your new home from Urban & Beyond Premier Properties, LLC to qualify for the incensive program. If you already know where you want to live or have prior knowledge of a property you choose to move into before registering with Urban & Beyond Premier Properties, LLC you will not qualify for the incensive program.
Many apartment communities do require us to register you as our customer prior to you visiting the property . We can only register you with the property if you notify us of the property you are planning on visiting. Apartment Communities are responsible for updating their pricing, specials and policies; however, the information you see may be outdated, please contact your premier agent (you will be assigned a real estate agent upon completing of your registration/ reservation) or the property directly for the most current information. Urban & Beyond Premier Properties, LLC will not be held liable for any inaccuracies and by completing your registration you agree to hold Urban & Beyond Premier Properties, LLC harmless of any discrepancies.
Once you add a property to your favorites we call, email or fax the properties that require advanced registration letting them know that you plan to visit in the near future. If a property does not require apartment locators to register clients in advance of visiting the property Urban & Beyond Premier Properties, LLC may not contact them. Therefore, the property may be unaware of your visit.
The information we obtain from the property is sent to you via email, phone and/or text. If you don't receive an email registration status can be checked at anytime by phone or by email. If "Registration complete" appears you can visit the property .
Once you receive the information or see registration complete you may visit the property . Notify each property that Urban & Beyond Premier Properties, LLC, and only Urban & Beyond Premier Properties, LLC, is your locating service/referral source (not doing so will make you ineligible for the FREE incensive). When the property staff completes the guest card you must make sure they list Urban & Beyond Premier Properties, LLC as your locating service.
Once you visit each property and submit an application to the property of your choice, you must list Urban & Beyond Premier Properties, LLC as your real estate agent/ locating service in the referral section of the application.
Once your application is approved by the apartment community it is your responsbility to contact your locator to enter your incensive request. Enter all requested information and submit your incensive request. Once your incensive request is received by Urban & Beyond Premier Properties, LLC you will receive an email noting your request was received and you are requested to return to complete the 5 Steps to get approval for your free incensive. It is your responsibility to make sure all 5 steps are completed with special emphasis on the inventory and confirmation by your property. In addition, if the 5 Steps to are not completed your free incensive will be delayed or disqualified.
Urban & Beyond Premier Properties, LLC will fax and contact the property after receiving your incensive request and verify Urban & Beyond Premier Properties, LLC is listed on the guest card, lease application and lease contract.
Urban & Beyond Premier Properties, LLC must receive confirmation in writing from your new apartment community that you listed Urban & Beyond Premier Properties, LLC, and only Urban & Beyond Premier Properties, LLC, as your referral source and must meet the minimum commission requirements in order to qualify for the free incensive program.
About five days prior to your move a Urban & Beyond Premier Properties, LLC incensive cooridnator will contact you to discuss the details of the move. (If your contact date falls on a Saturday or Sunday you will be contacted the following Monday).
If you are using the free move incensive, please sign your lease LISTING Urban & Beyond Premier Properties, LLC AS YOUR APARTMENT LOCATING SERVICE prior to the time our movers arrive at your new property . (If the movers have to wait while you sign your lease before they can unload the truck you will be charged $50 per hour for waiting time). You must sign minimum a 6-month lease at a property to qualify for our minimum lease incensiveof $25.
The agreement between Urban & Beyond Premier Properties, LLC and the Apartment Communities/ or property owner we represent can be terminated at any time without notice. Urban & Beyond Premier Properties, LLC will honor the lease incensive offer if, and only if, you have a scheduled move date to that particular Apartment community or other property owner before the date the property is removed from our network and the apartment community or other property owner acknowledges Urban & Beyond Premier Properties, LLC will receive all benefits of referring the client to that property. If Urban & Beyond Premier Properties, LLC will not receive compensation then the lease incensive is automatically denied. Apartment Communities or other property owner are responsible for letting Urban & Beyond Premier Properties, LLC know if they change their commission or if they discontinue business with Urban & Beyond Premier Properties, LLC; Urban & Beyond Premier Properties, LLC cannot be held liable for a lease incensive rebate if a community or property fails to notify us when they change their policies.
I understand that there are certain situations that arise that may prevent me from receiving a lease incensive rebate. Here are a few examples: If I visit a property prior to registering with Urban & Beyond Premier Properties, LLC; if I fail to write Urban & Beyond Premier Properties, LLC on the guest card, lease application and lease contract; if I currently live in an apartment community and transfer to another unit on the same property; if I am moving to a property affiliated with my current (or past) community or property where I live; if I have a roommate moving to the same unit in an apartment community or property (only one move is considered free-reasonable fees apply to roommate situations); Urban & Beyond Premier Properties, LLC did not receive confirmation in writing that you listed Urban & Beyond Premier Properties, LLC on the Guest Card, Lease Application and Lease Contract.
If the referral fee from the property falls below Urban & Beyond Premier Properties, LLC’s minimum requirement we reserve the right to offer a reduced incensive rebate. Incensive rebate are normally up to $150.00 in the form of a company check; however, reduced Rebate can be any amount below $150.00. Incensive Rebates are paid after Urban & Beyond Premier Properties, LLC receives payment from your Apartment Community or property for your referral. They are mailed out at the end of the month via USPS, so if we receive payment on the 15th of the month, expect the check to be mailed at the end of the month.
Only Rebates are available (no free move option) in some states.
Urban & Beyond Premier Properties, LLC reserves the right to change the conditions, policies, terms, website, etc., without notice.
Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the services and Urban & Beyond Premier Properties, LLC’s websites (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. You may use the Services only if you can form a binding contract with Urban & Beyond Premier Properties, LLC and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Urban & Beyond Premier Properties, LLC provides are always evolving and the form and nature of the Services that Urban & Beyond Premier Properties, LLC provides may change from time to time without prior notice to you. In addition, Urban & Beyond Premier Properties, LLC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Urban & Beyond Premier Properties, LLC on the Services are subject to change. In consideration for Urban & Beyond Premier Properties, LLC granting you access to and use of the Services, you agree that Urban & Beyond Premier Properties, LLC and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You can opt-out of most communications from Urban & Beyond Premier Properties, LLC including our newsletter, new follower emails, etc.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Urban & Beyond Premier Properties, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Urban & Beyond Premier Properties, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Urban & Beyond Premier Properties, LLC to make such Content available to other companies, organizations or individuals who partner with Urban & Beyond Premier Properties, LLC for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Urban & Beyond Premier Properties, LLC has an evolving set of rules for how API developers can interact with your content. These rules exist to enable an open ecosystem with your rights in mind.
Such additional uses by Urban & Beyond Premier Properties, LLC, or other companies, organizations or individuals who partner with Urban & Beyond Premier Properties, LLC, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Urban & Beyond Premier Properties, LLC will not be responsible or liable for any use of your Content by Urban & Beyond Premier Properties, LLC in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Urban & Beyond Premier Properties, LLC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Urban & Beyond Premier Properties, LLC as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Urban & Beyond Premier Properties, LLC, in the manner permitted by these Terms.
Urban & Beyond Premier Properties, LLC Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Urban & Beyond Premier Properties, LLC and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Urban & Beyond Premier Properties, LLC name or any of the Urban & Beyond Premier Properties, LLC trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Urban & Beyond Premier Properties, LLC, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but not will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Please review the Urban & Beyond Premier Properties, LLC Rules (which are part of these Terms) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Urban & Beyond Premier Properties, LLC, its users and the public.
Except as permitted through the Services (or these Terms), you have to use the Urban & Beyond Premier Properties, LLC API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
We encourage and permit broad re-use of Content. The Urban & Beyond Premier Properties, LLC API exists to enable this.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Urban & Beyond Premier Properties, LLC’s computer systems, or the technical delivery systems of Urban & Beyond Premier Properties, LLC’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Urban & Beyond Premier Properties, LLC (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Urban & Beyond Premier Properties, LLC (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Urban & Beyond Premier Properties, LLC is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Urban & Beyond Premier Properties, LLC respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your ad-dress, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Urban & Beyond Premier Properties, LLC will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: Urban & Beyond Premier Properties, LLC.
The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, URBAN & BEYOND PREMIER PROPERTIES, LLC AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Urban & Beyond Premier Properties, LLC will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Urban & Beyond Premier Properties, LLC has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Urban & Beyond Premier Properties, LLC or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Urban & Beyond Premier Properties, LLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, URBAN & BEYOND PREMIER PROPERTIES, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNI-TIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT URBAN & BEYOND PREMIER PROPERTIES, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of Urban & Beyond Premier Properties, LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Dallas County, Texas, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
We may revise these Terms from time to time, the most current version will always be at Urban & Beyond Premier Properties, LLC. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
TERMS AND CONDITIONS: COACHING
TERMS AND CONDITIONS
Html://www.UBPremier.com is a site operated by Jerrica Brown and Urban & Beyond Premier Properties, LLC (“we” or “us”). Our email address is firstname.lastname@example.org.
We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.
You must comply with the provisions of our Acceptable Use Policy when using our site.
It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without a license from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
RELIANCE ON INFORMATION AND LINKS
The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
LINKING TO OUR SITE
You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you.
You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to make any use of material on our site other than that set out above, please address your request to Jerrica@ubpremier.com.
UPLOADING MATERIAL TO OUR SITE
When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.
Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
VIRUSES, HACKING AND OTHER OFFENSES
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offense and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law.
JURISDICTION AND APPLICABLE LAW
The United States courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.