DISCLAIMER / TERMS OF USE FOR FOOTER

This Agreement, which incorporates by reference other provisions applicable to use of Trophy Properties, governing the use of certain specific material contained in Trophy Properties, sets forth the terms and conditions that apply to use of Trophy Properties by Client Subscriber. By using Trophy Properties (other than to read this Agreement for the first time), Client Subscriber agrees to comply with all of the terms and conditions hereof. Client Subscriber is responsible for all use of Client Subscriber's Account (under any screen name or password) and for ensuring that all use of Client Subscriber's Account complies fully with the provisions of this Agreement. Client Subscriber shall be responsible for protecting the confidentiality of Client Subscriber's password(s), if any.

Trophyproperties.net shall have the right at any time to change or discontinue any aspect or feature of Trophy Properties, including, but not limited to, content, hours of availability, and/or equipment needed for access or use.

Trophyproperties.net shall have the right at any time to change or modify the terms and conditions applicable to Client Subscriber's use of Trophy Properties, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Trophy Properties, or by electronic or conventional mail, or by any other means by which Client Subscriber obtains notice thereof. Any use of Trophy Properties by Client Subscriber after such notice shall be deemed to constitute acceptance by Client Subscriber of such changes, modifications or additions.

Client Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Trophy Properties and all charges related thereto.

Client Subscriber shall use Trophy Properties for lawful purposes only. Client Subscriber shall not post or transmit through Trophy Properties any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, defamatory, invasive of privacy or publicity rights, vulgar, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Trophyproperties.net's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Client Subscriber that in Trophyproperties.net's discretion restricts or inhibits any other Client Subscriber from using or enjoying Trophy Properties's will not be permitted. Client Subscriber shall not use Trophy Properties to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Client Subscribers to become Client Subscribers of other on-line information services competitive with Trophy Properties.

Trophy Properties contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and the entire contents of Trophy Properties are copyrighted as a collective work under the United States copyright laws. Trophyproperties.net owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Client Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Client Subscriber may download copyrighted material for Client Subscriber's personal use only. Except as otherwise expressly permitted under copyright law. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Trophyproperties.net and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark or copyright notice shall be made. Client Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

Client Subscriber shall not upload or otherwise make available on Trophy Properties any material protected by trademark, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Client Subscriber. Client Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission made by them. By submitting material to any public area of Trophy Properties, Client Subscriber automatically grants, or warrants that the owner of such material has expressly grants Trophyproperties.net the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Client Subscriber also permits any other Client Subscriber to access, store, view or reproduce the material for that Client Subscriber's personal use. Client Subscriber hereby grants Trophyproperties.net the right to edit, copy, publish and distribute any material made available on Trophy Properties by Client Subscriber.

The foregoing provisions of Section 5 are for the benefit of Trophyproperties.net, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

CLIENT SUBSCRIBER EXPRESSLY AGREES THAT USE OF TROPHY PROPERTIES IS AT CLIENT SUBSCRIBER'S SOLE RISK. NEITHER TROPHYPROPERTIES.NET, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, CONTRACTORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT TROPHY PROPERTIES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TROPHY PROPERTIES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH TROPHY PROPERTIES.

TROPHY PROPERTIES IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELETION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, DESTRUCTION OR THEFT, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CLIENT SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT TROPHYPROPERTIES.NET IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENT SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT SUBSCRIBER.

IN NO EVENT WILL TROPHYPROPERTIES.NET, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING TROPHY PROPERTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE TROPHY PROPERTIES. CLIENT SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON TROPHY PROPERTIES.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, TROPHYPROPERTIES.NET, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE DURATION OR CAUSE, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN TROPHY PROPERTIES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY LOSSES OR CLAIMS ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, TROPHYPROPERTIES.NET, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

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

Client Subscriber agrees to defend, indemnify and hold harmless Trophyproperties.net, its affiliates and their respective directors, officers, employees, contractors and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Trophy Properties by Client Subscriber or Client Subscriber's Account.

Either Trophyproperties.net or Client Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Trophyproperties.net shall have the right to immediately terminate Client Subscriber's Account in the event of any conduct by Client Subscriber which Trophyproperties.net, in its sole discretion, considers to be unacceptable, or in the event of any breach by Client Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

Trophy Properties and its logos, images and icons are trademarks of Trophyproperties.net. All rights reserved. All other trademarks appearing on Trophy Properties are the property of their respective owners.

Trophyproperties.net is a distributor (and not a publisher) of content supplied by third parties and Client Subscribers. Accordingly, Trophyproperties.net has limited editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Client Subscribers or any other user of Trophy Properties, are those of the respective author(s) or distributor(s) and not of Trophyproperties.net. Neither Trophyproperties.net nor any third-party provider of information guarantees the completeness, accuracy or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Trophy Properties represents the opinions of the respective information provider, Client Subscriber, or other user not under contract with Trophyproperties.net. Trophyproperties.net neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Trophy Properties by anyone other than authorized Trophyproperties.net employee spokespersons while acting in their official capacities. Under no circumstances will Trophyproperties.net be liable for any loss or damage caused by a Client Subscriber's reliance on information obtained through Trophy Properties. It is the responsibility of Client Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Trophy Properties. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

This Agreement and any operating rules for Trophy Properties established by Trophyproperties.net constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Georgia. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.