Hintmann Nations Realty LLC (“HNR”) is excited to partner with local businesses that provide services to aid homebuyers and sellers with their move.  HNR is committed to providing its users with a friendly and safe environment.  By entering into a written agreement (“Agreement”) with HNR, Company agrees to be bound by the General Terms of Use of hnrproperties.com (“Site”) located at Terms of Use in addition to these Advertiser’s Terms and Conditions (“Advertiser’s Terms”). 

Additional Terms:     Advertiser’s Terms are in addition to the General Terms of Use of the Site.  In the event of a conflict, the Advertiser’s Terms will govern.

Company’s Site and Information:               Company agrees that HNR is in no way responsible for any aspect of Company’s or any third-party website(s). Company represents, warrants, and covenants that all information Company provides to HNR in connection with the Agreement and information provided on Company’s website including creative, titles, descriptions, trademarks, listings, abstracts, keywords, ad target options, domain names, content of ads, data, data feeds, Selected Ad Groups, Content, and URLs (“Information”) is, and will be updated to remain, current and accurate.

Use of Information:               Company grants HNR a non-exclusive, royalty-free, worldwide license to use, copy, adapt, reformat, recompile, manipulate, communicate and/or modify any part of the Information for public performance, public display, and distribution, as well as, create and display copies of any text, images, graphics, audio, or video on the websites to which Company’s ads link or elsewhere.  Subject to the foregoing, the owner of such content and trademarks submitted to HNR retains any and all rights that may exist in such context and trademarks.  Company agrees that HNR shall not have any liability for Company’s ads or information.  Company must provide all Information to HNR for review before it is posted on the site and HNR may refuse, reject, truncate, edit, cancel, or remove any ad, Information, or space reservation at its discretion and at any time. HNR does not guarantee that Company’s ads will appear in a particular position or rank.

Representations:        Company represents, warrants and covenants that Company’s website is used solely for lawful business purposes and that all Information is free of viruses or other harmful computer programs that could damage HNR or other users.  Company further represents, warrants and covenants that a click on Company’s ad will not cause damage to a user’s computer, download a software application(s), change a user’s settings, or create a series of multiple, sequential, stand-alone advertisements (including by pop-up window or pop-under window), and that Company will not engage in, nor cause others to engage in, spamming or improper, malicious, or fraudulent (as determined by HNR) clicking, impression, or marketing activities relating to any Program.  Finally, Company represents, warrants and covenants that the Information on Company’s site (1) does not violate any applicable law, statute, directive, ordinance, treaty, contract, or regulation (2) does not infringe any copyright, patent, trademark, trade secret, or other intellectual property right of any person or entity, (3) does not breach any duty toward, or rights of, any person or entity, including rights of publicity and/or privacy, (4) are not false, deceptive, misleading, unethical, defamatory, libelous, or threatening, and (5) does not (as determined by HNR) reflect poorly on or tarnish the reputation or goodwill of HNR

Indemnification:        Company agrees to indemnify, defend, and hold harmless HNR from any and all claims that arise out of or in connection with Company’s Information and/or ads.  Company agrees to be solely responsible for defending any claim against HNR relating to Company’s Information and/or ads, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).  In addition, Company will not agree to any settlement that imposes any obligation or liability on HNR without its prior express written consent.  HNR reserves the right to participate in any proceeding with counsel of its choosing.

Limitation of Liability:          TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY LIABILITY OF HNR IN CONNECTION WITH THE AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE LIMITED TO THE AMOUNT PAID BY COMPANY TO HNR. IN NO EVENT SHALL HNR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF, OR IN CONNECTION WITH THE AGREEMENT.  COMPANY AGREES THAT COMPANY WILL NOT HOLD HNR RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT, INCLUDING WITH RESPECT TO CLICKS AND/OR IMPRESSIONS BY ANY THIRD PARTY ON COMPANYR ADS, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY.

Termination:              HNR may terminate the Agreement and remove Company’s ads from the Site if Company violates any of the General Terms of Use or Advertising Terms of the Site.

Choice of Law:          The terms of the Agreement and any disputes between Company and HNR shall be governed by the laws of the State of Missouri, without regard to conflict/choice of law principles.  Company and HNR agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Saint Louis, Missouri.