These Terms of Service are entered into by and between you and Dorsey Alston, LLC (“DORSEY ALSTON”, “We”, “Us”, “Our”) and you.
Please read our Terms of Service, together with any documents incorporated herein by reference (the “Terms”) carefully before continuing on with your use of this Site. These Terms shall govern your use of the website location at Dorsey Alston Realtors, including any content, functionality, and services offered on or through (collectively, the “Site”) and apply to all Internet traffic visiting the Site. By accessing or using this Site, you agree to the Terms. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE CLOSE THE BROWER AND DO NOT USE THIS SITE.
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms.
These Terms contain a Dispute Resolution and Arbitration Section that requires you and Dorsey Alston to pursue any disputes independently and then in individual arbitration, and that each party waive their right to sue in court, including as part of a class action or representative proceeding. Please see the Arbitration and Class Action Waiver Section for more information.
Intellectual Property
The Dorsey Alston name, service marks, URLs and domain names, and any other trademarks, registered or not (collectively, “Marks”), appearing on the Site are the property of Dorsey Alston and/or its third-party service providers. Text, images, graphics, video clips, audio clips, software applications and code, user interface design and any other materials, design, or format (collectively, the “Content”), are the intellectual property of Dorsey Alston and/or its third-party service providers. All information, material, and Content accessible on or generated by the Site are the intellectual property of Dorsey Alston and/or its third-party service providers and are protected by United States and foreign trademark, copyright, trade secret, patent, and other intellectual property laws.
Dorsey Alston grants you a personal, noncommercial, nontransferable, nonexclusive, limited, royalty-free, revocable license during the term of these Terms to use the Site strictly as set forth in these Terms and in any Supplemental Agreement. Dorsey Alston reserves the right, in its sole discretion, to deny you access to the Site, or any portion thereof, without notice and without reason. You interact with Third-Party Sites and Content solely on your own discretion and at your own risk. If you breach these Terms, your license to use the Site shall immediately and automatically terminate.
ACCOUNT SECURITY AND ACCESSING THE SITE
You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to safeguard your password carefully, with the full awareness that a failure to keep it secure may enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, you agree to promptly notify Dorsey Alston immediately authorizing Dorsey Alston to deny access to anyone attempting to use your credentials.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site.
PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Site, and You agree not to use or permit others to use this Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure, including, but not limited to, “spam” or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, any assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Site; (d) upload, post, emailing or otherwise transmitting any information, content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy the Site or any of its webpages, or the respective Content without our prior written consent.
LINKS
This Site may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Dorsey Alston’s control, and Dorsey Alston is not responsible for, and does not endorse, such content, whether or not Dorsey Alston is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Site or provide any links that state or imply any sponsorship or endorsement of your website by Dorsey Alston, or its affiliates or Providers.
Monitoring and Enforcement; Termination
We reserve and may use the right to:
Take any action with respect to any content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates these Terms, including infringement of any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including, without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD US HARMLESS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
PRIVACY
Registration data and certain other information about you is subject to our <Privacy Policy>. For more information, please review our full <Privacy Policy>.
Governing Law and Venue
These Terms and any Website, product, or service provided under them will be governed by the laws of the State of New Jersey, without regard to its conflicts of law provisions, and shall insure to the benefit of Dorsey Alston’s successors and assigns, whether by merger, consolidation, or otherwise. Except as otherwise provided in the Arbitration Section, you hereby agree that all legal proceedings shall be brought in, and you irrevocably consent to submit to the jurisdiction and venue of, the state courts of Fulton County, Georgia, and the federal courts of the District of Georgia.
You acknowledge and agree that because the breach of these Terms would result in immediate and irreparable injury to Dorsey Alston, Dorsey Alston shall be entitled, without limitation of remedy, to (i) temporary and permanent injunctive and other equitable relief restraining you from activities constituting a violation, breach, or threatened breach of these Terms to the fullest extent allowed by law, and (ii) all such other remedies available at law or in equity, including, without limitation, the recovery of damages.
Dispute Resolution
Except where and to the extent prohibited by law, by using the Site, you and Dorsey Alston agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Both you and Dorsey Alston agree that this dispute resolution procedure is a condition precedent that must be satisfied before filing any demand for arbitration against the other party.
Arbitration
To the fullest extent permitted by law of the applicable jurisdiction, any dispute, claim, or controversy arising from the access and use of the Site or these Terms, including the interpretation of this Arbitration Section, that cannot be resolved by the above dispute resolution procedure, SHALL BE RESOLVED SOLELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Any arbitration shall be governed by the Rules of Arbitration of the American Arbitration Association and shall take place in Atlanta, Georgia, unless both parties agree in writing to a different location.
Class Action Waiver
YOU AND DORSEY ALSTON EACH FURTHER AGREE THAT EACH IS WAIVING THEIR RIGHT TO SUE EACH OTHER IN COURT, INCLUDING TO A TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS ACTION. You and Dorsey Alston agree that each may bring claims against the other only in your or its individual capacity, and not as a representative or part of any class or consolidated action or proceeding. If the dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
Indemnification
You agree to defend, indemnify, and hold harmless Dorsey Alston’s officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “Indemnitees”) from and against any and all claims, liabilities, damages, awards, losses, costs, or fees (including reasonable attorneys’ fees) arising out of or relating to your access to and use of the Site and Feedback you transmit through the Site, infringement of any intellectual property rights, or your violation of these Terms (collectively, “Claims”). Dorsey Alston reserves the right, in Dorsey Alston’s sole discretion and at Dorsey Alston’s own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Dorsey Alston in the defense of any Claims and in any event may not settle any Claims without Dorsey Alston’s prior written consent.
Disclaimer of Warranties
ALL OF THE WEBSITES AND THE CONTENT CONTAINED THEREIN, INCLUSIVE OF ANY THIRD-PARTY CONTENT, ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Dorsey Alston disclaims any duty to update the Site or to correct any errors, and it is your responsibility to evaluate the timeliness, quality, accuracy, reliability, availability, and completeness of any information and material, including Third-Party Content, contained on the Site. Dorsey Alston does not warrant or guarantee that the Site will be error-free, virus-free, or that access to the Site will be uninterrupted, or that the platform, its servers, or the Content are free of destructive features. If you download or otherwise obtain any material from the Site, you do so solely at your own discretion and risk, and you will be solely responsible for any damages to your computing system or any loss of data that results from downloading or otherwise obtaining that material. You assume all responsibility and risk of loss resulting from your use of the Site.
Limitation of Liability
IN NO EVENT WILL DORSEY ALSTON, INDEMNITEES, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE SITE (COLLECTIVELY, THE “SERVICE PROVIDERS”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES MEASURED BY LOST PROFITS AND/OR ANY OTHER INTANGIBLE OR SPECULATIVE LOSS, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, OMISSIONS OR INACCURACIES IN THE CONTENT, UNAUTHORIZED ACCESS, FORCE MAJEURE, OR ANY FAILURE OF PERFORMANCE, EVEN IF THE DAMAGES WERE FORESEEABLE OR ANY OF THE SERVICE PROVIDERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states or jurisdictions do not allow the exclusion of certain warranties or limitations of certain liabilities. Accordingly, if some of the above provisions do not apply to you, whether by statute or legal action, then you expressly agree that these Disclaimer of Warranties and Limitation of Liabilities Sections will be construed to apply to the maximum extent permitted by law. In no event shall Dorsey Alston’s total, aggregate liability for any cause of action of any kind – whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise, even if it is foreseeable – exceed $100.
Assignment
You may not assign or otherwise transfer ownership of your rights and obligations under these Terms, by operation of law or otherwise, without the prior written consent of Dorsey Alston. Dorsey Alston may freely assign, transfer and delegate these Terms or any rights and/or obligations hereunder without your consent. The relationship of the parties under these Terms is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venture of the other.
Electronic Communications
You consent to receive communications from Dorsey Alston electronically. Dorsey Alston will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Dorsey Alston provides to you electronically satisfy any legal requirement that such communications be in writing. If you wish to opt out of receiving our newsletter or promotional materials via electronic communication, you may unsubscribe at any time.
Entire Agreement and Severability
These Terms, including the Privacy Policy and any other document referred to in these Terms, represent the entire agreement between Dorsey Alston and you relating to the subject matter herein. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. The failure of Dorsey Alston to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any rights hereunder. Dorsey Alston reserves all rights not expressly described in these Terms.
Section Headings
Section headings in these Terms are for convenience or reference only and shall not govern the interpretation of any provision of these Terms.
Last Updated: May 8, 2025
Introduction
Luxury Presence Inc. (“Luxury Presence”, “we”, “us”, or “our”) provides technologies, products, and services (collectively, “Services”) used by our real estate agent and realtor clients whose branding is displayed on the website with which you are interacting (the “Client”).
If you are a visitor to our Client’s website (the “Site”), this Privacy Policy applies to you, and describes Luxury Presence’s policies and practices regarding the collection, use and disclosure of your personal information in connection with your use of the Site and our provision of the Services to our Client. In this case, Luxury Presence provides the Services solely as a service provider and data processor, and only uses the personal information collected at the direction of the Client. This Privacy Policy does not apply to any websites, applications or other online services that do not link to this policy, including other services provided by the Client; nor does this Privacy Policy apply to the Client’s subsequent use of information collected through the Site or Services. Please contact the Client to learn about how they use your personal information.
If you are an individual with whom Luxury Presence engages in your capacity as a representative of a business, or if you are a visitor to our website (www.luxurypresence.com), please click here to view the applicable privacy policy.