<![CDATA[Real Estate of America - Blog]]>Wed, 09 Feb 2011 17:30:19 -0800Weebly<![CDATA[Real Estate Professionals of America Online Store]]>Sat, 05 Feb 2011 13:33:47 -0800http://www.realestateoftheusa.com/116/post/2011/02/real-estate-professionals-of-america-online-store.html
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]]><![CDATA[What is REofUSA.com]]>Wed, 22 Dec 2010 00:00:00 -0800http://www.realestateoftheusa.com/116/post/2010/12/what-is-reofusacom.htmlWhat Is REofUSA?
We are a real estate search engine that helps you find real estate agents and homes for sale nationwide. 

REofUSA is also a tool for real estate professionals to market their listings, view real estate data and promote their services. If you are a broker or agent, we've got a Real Estate Professionals section just for you.


What We Aren't
We ARE NOT brokers or agents. We are not looking to make a commission on your real estate transaction. We will not sell your personal information. We will not force you to become a lead. ]]><![CDATA[REofUSA.com Terms of Use]]>Wed, 01 Dec 2010 00:00:00 -0800http://www.realestateoftheusa.com/116/post/2010/12/reofusacom-terms-of-use.htmlPLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING AND USING THIS WEB SITE AT WWW.REofUSA.com.COM (THE "SITE"), YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS OF USE").

REofUSA.com reserves the right to change or modify these Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes.

General
REofUSA.com, Inc. and its subsidiaries and affiliates (collectively, "REofUSA.com") provide you with access to this Site and the services offered by REofUSA.com available on it, or other Web sites as indicated below (collectively, the "Services"). Access to and use of the Services is governed by these Terms of Use.

Services
The Services include the REofUSA.com Site, REofUSA.com Widgets, REofUSA.com Voices, REofUSA.com Neighborhood Ratings, REofUSA.com Claim Your Home, and other content, products and/or services available on the Site and its affiliates. The Services may also be located on third party Web sites and/or applications either as a link from an add-on service to, or otherwise in connection with, Web sites and/or applications that such third parties control. Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.

Third Party Advertising and Business Dealings
REofUSA.com may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. REofUSA.com is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. . We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site. If you have a dispute with one or more advertisers or other third parties, you release REofUSA.com from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

User Submitted Content
You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (the "User Content") that you post, submit, publish, display or link to on the Site or send to other REofUSA.com users. You agree not to post, submit or link to any User Content or material that infringes, misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any Federal, State or local law, rule or regulation, including Fair Housing Laws. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent or that is purposely false or misleading. Without limiting the foregoing, you will at all times adhere to the REofUSA.com Community Guidelines, which are incorporated into these Terms of Use.

You agree that by posting content on the Site, you are granting REofUSA.com a royalty-free, perpetual, irrevocable and fully sublicensable license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner on or in connection with the Site or in the course of offering the Services. You understand and agree that any User Content that you post or submit to REofUSA.com may be redistributed through the internet and other media channels, and may be viewed by the general public.

For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.

You understand that REofUSA.com does not approve or control the User Content posted by others, and instead simply provides a service by allowing users to access information that has been made available by others. As a provider of interactive services, REofUSA.com is not liable for any statements, representations, or User Content provided by its users on the Site or in connection with the Services. REofUSA.com assumes no responsibility for monitoring the Site or the Services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, REofUSA.com reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. REofUSA.com nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.

Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms of Use.

You understand that REofUSA.com does not endorse or warrant any particular content or information available via the Site or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will REofUSA.com be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site or the Service. You use the Site and the Services at your own risk.

Modification Of REofUSA.com Services
REofUSA.com reserves the right to modify or discontinue the Service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice. REofUSA.com shall not be liable to you or any third party should REofUSA.com exercise its right to modify or discontinue the Service or part of it.

Copyright And License
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files and other files, and the selection and arrangement and compilation of information ("Materials") thereof are proprietary property of REofUSA.com or its licensors, or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:
  1. publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
  2. market, sell or make commercial use of the Site or any Materials;
  3. systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods;
  4. make derivative uses of the Site or the Materials; or
  5. use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of REofUSA.com or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

REofUSA.com does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source Web site or information provided by the Web site owner. REofUSA.com uses these images and excerpted descriptions solely as necessary to generate search results as a navigational tool to direct you to the originating Web site. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law. REofUSA.com does assert copyright and reserves all right to the search results and associated compilations.

Trademarks And Service Marks 
"REofUSA.com" and our logos are either trademarks, service marks or registered trademarks of REofUSA.com, Inc. or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. You may not use any meta tags or any other "hidden text" utilizing "REofUSA.com" or any other name, trademark, or product name of REofUSA.com without our permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of REofUSA.com, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and REofUSA.com's names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links To Other Sites
The Services contain links to third-party Web sites. These third-party sites are not under the control of REofUSA.com. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. REofUSA.com is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Digital Millennium Copyright Act Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512)), REofUSA.com has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide REofUSA.com's copyright agent the following written information:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • 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;
  • 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.
Before sending a notice to REofUSA.com, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. Contact information for REofUSA.com's Copyright Agent for notice of claims of copyright infringement is provided below.

DMCA Agent:
Patrick Hale
Address: P.O. Box 601941
San Diego, CA 92160
Phone/Facsimile No.:(866) 538-6057
Email address: info@REofUSA.com

Indemnification
You agree to defend, indemnify, and hold REofUSA.com harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site or your use of the Site and the Service, including, without limitation, any actual or threatened suit, demand, or claim made against REofUSA.com arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

No Warranties
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

Limitation Of Liability
IN NO EVENT SHALL REofUSA.com, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer of Responsibility for Third Party Content
REofUSA.com may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. REofUSA.com does not monitor or have any control over any Third Party Content or third party Web sites. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not REofUSA.com. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. REofUSA.com does not endorse or adopt any Third Party Content, and is not responsible for and does not guarantee the accuracy, completeness or reliability of any Third Party Content or any opinion, advice or statement made on the site by any third party. Users use such Third Party Content contained therein at their own risk.

Choice Of Law, Waiver, And Claims
These Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law provisions. REofUSA.com's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration
Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either REofUSA.com or you may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, as necessary to protect the rights or property of you or REofUSA.com.

Copyright © 2011 REofUSA.com, Inc. ALL RIGHTS RESERVED.
 ]]><![CDATA[REofUSA.com PRIVACY POLICY ]]>Wed, 10 Nov 2010 00:00:00 -0800http://www.realestateoftheusa.com/116/post/2010/11/reofusacom-privacy-policy.htmlThis policy describes the types of information REofUSA.com gathers from its users of the REofUSA.com Web site at www.REofUSA.com, and partner sites powered by the REofUSA.com functionality and how that information is used. Please read this policy carefully before you provide us with any personal information. If you have questions about this policy, please email us at info@REofUSA.com.

Personal Information Collection and Use
When on the REofUSA.com Site, you have the option of creating an account and to subscribing to our premium service. When you sign up, we ask you to give us contact information (such as name and email address). We also may collect and store additional usage information such as where, what and when you are searching. We may use this information to contact you occasionally about the services on our site in which you have expressed interest, or to suggest REofUSA.com tools and services to improve your home buying, selling or renting process.

If you purchase our premium service, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

We use the information we collect to:
  • find the most relevant information by organizing the Web site optimally
  • find relevant residential real estate-related news and information via email (if you have registered your email address)
You can control whether you receive REofUSA.com emails by following the instructions at the end of each email we send. You may also opt-out by sending an email to info@REofUSA.com.

We may also use the information you provide to allow us to contact you for administrative purposes; for example, to tell you about changes to our privacy policy. These emails generally are sent to all users in order for us to abide by notice or other requirements, or to inform you of important product or service information or changes.

We may use certain information that you provide in order to present you with advertising that you may find interesting. This benefits both of us. It benefits us because advertising helps pay the bills, and we can charge our advertisers more if they know that their ads will be seen by somebody more likely to find them useful. It benefits you because you see advertising that may actually be interesting to you, rather than annoying.

Disclosure of Personal Information
REofUSA.com does not share, rent or sell personal information about you with other people or companies except as described in this privacy policy. For example, when you fill out a "contact the agent" form on a property listing page, or other "contact" form available on the site, the information you submit will be passed on to the agent, or the other party you have requested to contact. We reserve the right to use in any manner and also to disclose any non-personal information that we collect, including but not limited to cookie and traffic data (see "Cookies and Tracking Technologies"). We do not combine personal information with any of the non-personal information gathered on our site.

We may release personal information when we believe that doing so is appropriate to comply with the law (for example, to respond to a lawful subpoena, warrant or court order); to enforce or apply our policies; to initiate, render, bill, and collect for amounts owed to us; to protect our rights or property; to protect our users from fraudulent, abusive, or unlawful use of, our site or services; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

We may use third party service providers to assist us with the administration of the site or otherwise perform services on our behalf, including payment transaction processing and sending email. Such third parties may be supplied with or have access to your personal information solely to provide services to us or on our behalf.

We may use third-party ad servers (or ad networks) to deliver ads to you on our behalf. These third-party ad servers may collect and use non-personally identifiable information about your visits to our site in order to present advertisements that may be of interest to you. 

Information about our users and the site is a business asset of REofUSA.com. Consequently, information about our users, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the site, our services or fulfill products, sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company.

Cookies and Tracking Technologies
We log your IP address in order to help diagnose problems with our server, administer our Web site and track usage statistics. Your IP address may vary each time you visit, or it may be the same, depending on whether you access our site through an always-on type of Internet connection (for example, a cable modem or DSL), or through a dial-up connection (for example, through a dial-up AOL or Earthlink connection). Either way, it would be extremely difficult for us to identify you through your IP address, and we make no attempt to do so. If you reached our site by clicking on a link or advertisement on another site, then we also log that information. This helps us maximize our Internet exposure, and it helps us understand our users' interests. All of this information is collected and used only in the aggregate; that is, it is entered into our database, where we can use it to generate overall reports on our visitors, but not individual reports that identify you personally.

We also place a small text file known as a "cookie" on your computer's hard drive. A cookie may contain information that allows us to track your path through our Web site and to determine whether you have visited us before. Unless you register with us, however, a cookie contains no personally identifiable information that would allow us to identify you. Cookies cannot be used to read data off of your hard drive, and cannot retrieve information from any other cookies created by other Web sites. We use cookies to help us understand how visitors use our site, and to help us to improve our site. You may refuse to accept a cookie from us by following the procedures specific to your Web browser. Although you may do so, you may find that your browser reacts strangely when visiting not only our Web site, but other Web sites as well. Since cookies don't provide us with any information from which we can identify you, we suggest you allow us to place one on your computer.

We may use Web beacons on our site or other sites and may permit third parties to place them on our site to monitor the effectiveness of advertising or for other legitimate purposes. A Web beacon, also known as a "Web bug," is a small, graphic image on a Web page, Web-based document or in an e-mail message that is designed to allow the site owner or a third party to monitor who is visiting a site. Web beacons are often invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the Web page, document or e-mail message. Web beacons are represented as HTML IMG tags in the Web page; users can click on "view profiles" of the Web page to see whether the page is using a Web beacon. Web beacons collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web beacon comes from and the time it was viewed. Web beacons can also be linked to personal information. For example, advertising networks use Web bugs to add information to a personal profile of what sites a person is visiting and to determine what banner ads to display based on the profile. Another use of Web bugs is to provide an independent accounting of how many people have visited a particular Web site. Web bugs are also used to gather statistics about Web browser usage at different places on the Internet. To "opt-out," please visit http://www.doubleclick.com/privacy/index.aspx.

Security
We use commercially reasonable security measures to protect the loss, misuse, and alteration of the information under our control. However, we cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). You should be aware that we have no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.

Share/Send-To-A-Friend
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. REofUSA.com stores this information for the sole purpose of sending this one-time email. Your friend may contact us at info@REofUSA.com to request that we remove this information from our database.

Links to Other Sites
This Web site contains links to other sites that are not owned or controlled by REofUSA.com. Please be aware that we, REofUSA.com, are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies only to information collected by this Web site.

Share This
When you use "Share This" to bookmark and share our products and site, you will be taken to a third party site. Please note that these third party sites' privacy policies govern the collection and use of the information collected on those sites.

Q&A/Blogs/Testimonials
If you post a question, answer or blog on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

Professionals may add testimonials to their own profiles on REofUSA.com and they are responsible for obtaining consent to publish any personal information of those persons who submit said testimonials to them.

We post customer testimonials/comments/reviews on our web site which may contain personally identifiable information. We do obtain the customer's consent via email prior to posting the testimonial to post their name along with their testimonial.

If you want to remove your personal information that is being displayed on our website under public pages, please contact us at info@REofUSA.com.

Access to Personally Identifiable Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by logging into your account or by emailing our Customer Support at info@REofUSA.com or by contacting us by postal mail at the contact information listed below.

Policy Changes
We reserve the right to change this policy should we deem it advisable to do so. If we make significant changes that affect the use or disclosure of your personal information, we will make reasonable efforts to notify you of the changes such as notifying you here, by email, or by means of a notice on our home page and will give you the opportunity to cancel your registration.

How to Contact Us
If you have any questions or suggestions regarding our privacy policy, please contact us at:
REofUSA.com
P.O. Box 601941
San Diego, California 92160
info@REofUSA.com
]]><![CDATA[REofUSA.com Pro Service Terms and Conditions]]>Wed, 06 Oct 2010 00:00:00 -0800http://www.realestateoftheusa.com/116/post/2010/10/reofusacom-pro-service-terms-and-conditions.htmlThese REofUSA.com Pro Service Terms and Conditions ("REofUSA.com Pro Terms") are a contract between you and REofUSA.com, Inc. and its subsidiaries and affiliates (collectively, "REofUSA.com"), and apply to your use of and subscription ("Subscription") to REofUSA.com's REofUSA.com Pro Service (collectively the "REofUSA.com Pro Service") via the www.REofUSA.com website (the "Site") and supplement the Terms of Use applicable to the Site ("TOU"). BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE REofUSA.com PRO TERMS, AS SUCH REofUSA.com PRO TERMS MAY BE MODIFIED FROM TIME TO TIME AS PROVIDED BELOW. In the event of a conflict between these REofUSA.com Pro Terms and the TOU, these REofUSA.com Pro Terms shall control. The REofUSA.com Pro Service is described at http://www.REofUSA.com/REofUSA.compro. You agree that REofUSA.com may change the REofUSA.com Pro Terms at any time by posting the revised REofUSA.com Pro Terms on the Site (located at http://www.REofUSA.com/agents/feature/terms) and indicating the date of the last revision at the top. REofUSA.com may, but is not obligated to, provide you with other forms of notice of such changes. However, you waive any right to specific notice of such changes, and your continued use of the REofUSA.com Pro Service following the posting of the changes or other notification constitute your acceptance of such changes or modifications. Therefore, you should frequently review the REofUSA.com Pro Terms and applicable policies to understand the terms and conditions that apply to your use of the Site and the REofUSA.com Pro Service. If you do not agree to the amended terms, you must cancel your Subscription and stop using the REofUSA.com Pro Service. Additional operating guidelines ("Guidelines") such as the Community Guidelines (located at http://www.REofUSA.com/guidelines/), are posted from time to time on the Site and also apply to use of the Site and the REofUSA.com Pro Service, and you agree to use the Site and the REofUSA.com Pro Service in accordance with the Guidelines.

1. Subscription Data.

(a) You will provide (i) accurate, current and complete information as may be prompted by any subscription forms when you subscribe to the REofUSA.com Pro Service ("Subscription Data"); (ii) maintain and promptly update the Subscription Data, and other account-related information you provide to REofUSA.com, to keep it accurate, current and complete; and (iii) accept all risks of unauthorized access to the Subscription Data and other information you provide to REofUSA.com.

(b) If you have not already created an account with REofUSA.com, when you subscribe to the REofUSA.com Pro Service you will be asked to create an account and choose a password. You are entirely responsible for maintaining the confidentiality of your password, and you agree to maintain the security of your password. You agree not to use the account, username, or password of another REofUSA.com user at any time, and agree to notify REofUSA.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

(c) To ensure REofUSA.com can provide high-quality services that are responsive to your needs, you understand that REofUSA.com representatives or other parties will have access to your account and usage information and may review and use such account and usage information as it determines appropriate in its sole discretion, including without limitation as reasonably needed to investigate complaints, to provide the REofUSA.com Pro Service to you, or for such other purposes as contemplated in REofUSA.com's Privacy Policy (located at http://www.REofUSA.com/privacy/).

2. Your Submissions. The REofUSA.com Pro Service will allow you to submit certain information and materials to REofUSA.com, including, without limitation, photographic images, as part of your use of the REofUSA.com Pro Service ("Submissions"). Under these REofUSA.com Pro Terms, you agree that you will not post, place or transmit any of the following material using the REofUSA.com Pro Service and that your Submissions will not include:

(a) any threatening, defamatory, abusive, obscene, pornographic, inappropriate, unlawful or profane material or any other material that could give rise to any civil or criminal liability under applicable law;

(b) any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material, if applicable; or

(c) any material that promotes bigotry, racism, hatred or harm against any individual or group or that otherwise violates any of the Guidelines.

3. Restrictions on Use of Lead Intention. REofUSA.com may send you leads with personal information of individuals who fill out a “contact the agent” lead form a property listing page, through Quick Connect, or various other sources.  You may not rent or sell this personal information to other companies. You may not spam, harass or otherwise use the personal information in any illegal or unwanted manner or in a way that reflects poorly on REofUSA.com.

4. Subscriptions; Payment. REofUSA.com will make available to you one or more Subscription packages for the REofUSA.com Pro Service. The term of the Subscription (the "Subscription Term") and benefits of each Subscription package as well as the fees and charges applicable to such Subscription (the "Subscription Fees") are set forth on the Site at http://www.REofUSA.com/REofUSA.compro. Subscriptions will automatically renew for an additional Subscription Term equal to the length of the original Subscription Term unless you request cancellation at least one (1) day prior to the renewal date. The Subscription packages available and the Subscription Fees and other terms and conditions applicable thereto are subject to change by REofUSA.com at any time by posting such revisions on the Site. Such changes shall be applicable to any new Subscription Term commencing after such changes are posted on the Site. You agree to pay all Subscription Fees in advance in U.S. Dollars. You must provide REofUSA.com with a valid credit card or other payment method approved by REofUSA.com, and you authorize REofUSA.com to automatically charge the Subscription Fees in advance for each Subscription Term to such credit card or other payment method until your Subscription is cancelled or otherwise terminated. In the event that Subscription Fees are not paid on a timely basis, including without limitation due to an invalid or expired credit card number, REofUSA.com may, in addition to any other available remedies, suspend or terminate your Subscription, and any unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Subscription Fees are exclusive of applicable taxes. You are responsible for paying

(a) all taxes, government charges, and

(b) reasonable expenses (including collection agency and attorneys’ fees) REofUSA.com incurs collecting unpaid amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (without prejudice to your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of REofUSA.com. Nothing in these REofUSA.com Pro Terms obligates REofUSA.com to extend credit to any party.

5. Representations and Warranties. You hereby represent, warrant and covenant to REofUSA.com that:

(a) you have the full right, power and authority to enter into this Agreement;

(b) you will comply with all applicable local, state and federal laws, ordinances, regulations and orders with respect to Submissions, including without limitation the Fair Housing Act;

(c) your Submissions will not infringe upon or violate the rights of any third party and will otherwise comply with Section 2 above;

(d) all information provided by you in connection with the REofUSA.com Pro Service will be true and correct;

(e) you will only provide Submissions related to real estate listings for which you have a valid and current contract or agreement with the owner of such real estate listing to list such property; and

(f) if required, you have in effect all licenses and authorizations required by all applicable authorities allowing you to act as a licensed real estate professional.

6. License and Removal of Submissions. REofUSA.com is not responsible for, and has no obligation to review, edit or comment on, the content of Submissions provided by REofUSA.com users. However, REofUSA.com reserves the right in its discretion to (i) delete, disable access to, move or edit Submissions in its sole discretion for any reason or no reason, or (ii) take any other action that REofUSA.com deems necessary relating to use or misuse of the REofUSA.com Pro Service. You hereby grant to REofUSA.com a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions in connection with the REofUSA.com Pro Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waive any such moral rights.

7. Age Requirements. You must be at least 18 years of age to use the REofUSA.com Pro Service. By using the REofUSA.com Pro Service, you represent and warrant that you are 18 years of age or older and that you agree to abide by all of the terms and conditions of these REofUSA.com Pro Terms.

8. Cancelling Your Subscription or the REofUSA.com Pro Service. If you violate any of these REofUSA.com Pro Terms, REofUSA.com may, in addition to any other rights and remedies it may have, immediately terminate your Subscription to the REofUSA.com Pro Service without any notice or other action by REofUSA.com. In the event of such termination, no amounts that you may have prepaid for use of the REofUSA.com Pro Service will be refunded. You will have the right to cancel the REofUSA.com Pro Service at any point in time from within your REofUSA.com account. If you choose to do so, you recognize that it may take up to 96 hours for the featured status of your listings to be removed, along with your profile from Quick Connect. Additionally, while you will no longer be billed, no amount that you may have prepaid for use of the REofUSA.com Pro Service will be refunded. If REofUSA.com discontinues the REofUSA.com Pro Service or cancels your Subscription thereto other than for a breach or violation of these REofUSA.com Pro Terms, REofUSA.com will either, at its sole option, continue to provide the REofUSA.com Pro Service for the remainder of your Subscription Term (up to a maximum of thirty (30) days) or refund you a prorated portion of the Subscription Fees for the current Subscription Term.

9. Privacy Policy. Upon your Subscription to the REofUSA.com Pro Service, you need to provide information, which may include personal information, such as your name, email address, and mailing address. Such information will be subject to REofUSA.com's Privacy Policy (located at http://www.REofUSA.com/privacy/).

10. Indemnification. You will indemnify, defend and hold harmless REofUSA.com, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the REofUSA.com Pro Service from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these REofUSA.com Pro Terms, including, without limitation, a breach of your representations and warranties, (ii) your Featured Listings, your profile on Quick Connect, and/or any activity related to access to or use of the REofUSA.com Pro Service by you or any person accessing the REofUSA.com Pro Service through you and/or (iii) any Submission you provide, including without limitation any claim that a Submission infringes or violates a third party's intellectual property or other rights.

11. Disclaimer of Warranties. THIS REofUSA.com PRO SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. REofUSA.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. REofUSA.com DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. REofUSA.com IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.

12. Limitation Of Liability. IN NO EVENT SHALL REofUSA.com, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SUBMISSIONS OR THE REofUSA.com PRO SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Choice Of Law, Waiver, And Claims. These REofUSA.com Pro Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions to the contrary. REofUSA.com's failure to exercise or enforce any right or provision of the REofUSA.com Pro Terms will not be deemed to be a waiver of such right or provision. If any provision of these REofUSA.com Pro Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these REofUSA.com Pro Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the REofUSA.com Pro Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

14. Arbitration. Any controversy or claim arising out of or relating to these REofUSA.com Pro Terms or the REofUSA.com Pro Service will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either REofUSA.com or you may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, as necessary to protect the rights or property of you or REofUSA.com.

]]><![CDATA[REofUSA.com INTERNET ADVERTISING TERMS AND CONDITIONS ]]>Wed, 29 Sep 2010 00:00:00 -0800http://www.realestateoftheusa.com/116/post/2010/09/reofusacom-internet-advertising-terms-and-conditions.htmlPLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

1. DEFINITIONS

"Effective Date" means the date Customer executes the initial Order Form.
"Fees" mean the fees paid by Customer for the right to post its Listing Content on REofUSA.com's website that enables consumers to search for real estate listing information.
"Force Majeure Event" means a natural disaster, actions or decrees of governmental bodies or communications line failure which (i) hinders, delays or prevents a party in performing any of its obligations, and (ii) is beyond the control of, and without the fault or negligence of, such party, and (iii) by the exercise of reasonable diligence such party is unable to prevent or provide against.
"Listing Content" means text, data, multimedia content and images about real estate listed for sale or rent received from Customer for posting on the REofUSA.com Website.
"Order Form" means an ordering document for REofUSA.com products signed by REofUSA.com and Customer or by Customer and an authorized REofUSA.com partner. Each Order Form shall be subject to the terms and conditions hereof.
"Taxes" means any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, sales, use or withholding taxes.
"REofUSA.com Content" means all content accessible on REofUSA.com's website other than the Listing Content.
"REofUSA.com Technology" means any and all technology, hardware, software, programs, codes, processes, user interfaces and any other functionality contained in or on the REofUSA.com's Website.
"REofUSA.com Website" means REofUSA.com's website that contains a consumer search engine for real estate listings that enables consumers to (i) search for real estate listing information that is displayed on publicly accessible websites; and (ii) connect via hypertext links to the web sites of the real estate brokers and agents with whom the properties are listed, or, as permitted herein, to web sites owned or operated by real estate multiple listing services.

2. GRANT OF LICENSE

During the term of this Agreement Customer grants REofUSA.com a limited term non-exclusive right to (i) display or deliver Customer's Listing Content to consumers who visit the REofUSA.com Website; (ii) extract Customer's Listing Content from Customer's website from a data feed provided by Customer to REofUSA.com; and (iii) permit operators of websites displaying real estate listing information, to include hypertext links to enable visitors to such sites to search and view Listing Content that appears on the REofUSA.com Website.

3. REofUSA.com OBLIGATIONS

For the term of this Agreement REofUSA.com will include the Listing Content on the REofUSA.com Website and provide consumers who view the Listing Content on the REofUSA.com Website or other sites displaying real estate listing information as authorized under Section 2, the ability to connect via a hypertext link to Customer's website on which the Listing Content appears.

4. CUSTOMER OBLIGATIONS

Customer is solely responsibility for the accuracy, quality, integrity, legality, and reliability of all Listing Content. Customer's interactions with consumers viewing Listing Content on the REofUSA.com Website, including without limitation any terms, conditions, warranties or representations associated with the Listing Content, is solely between Customer and such consumers. REofUSA.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between Customer and a consumer viewing Listing Content on the REofUSA.com Website. In the event that you have a dispute with one or more other users, Customer hereby releases REofUSA.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to any dispute between Customer and a consumer viewing Listing Content on the REofUSA.com Website.

5. OWNERSHIP

As between the parties, REofUSA.com shall retain all ownership rights in REofUSA.com Technology and REofUSA.com Content. As between the parties, all Listing Content remains the sole property of Customer. No license, right or interest in any REofUSA.com or Customer trademark, copyright, trade name or service mark is granted hereunder. Customer shall not disassemble, reverse engineer, license, sub-license, create derivative works from or re-license any of the REofUSA.com Content.

6. FEES

6.1 Unless specified otherwise in an Order Form Fees are payable monthly in arrears. All undisputed fees due hereunder shall be due and payable within thirty (30) days of date of invoice. If the monthly Service Fee for the Service product ordered by Customer is based on unit pricing with a maximum monthly fee, Customer will be invoiced for the lower of (i) unit pricing times the number of units (e.g. listings or clicks); or (ii) maximum monthly charge.

6.2 REofUSA.com may increase the Service Fees applicable to an Order Form upon 30 days prior written notice; provided, that any increase in Fees noticed during a month shall not take effect until the beginning of the month.

6.3 Upon execution of the applicable ordering document, payment obligations are non-cancelable and, except as expressly provided in this Agreement, upon payment, all payments made by Customer are non-refundable. All undisputed fees due hereunder shall be due and payable within thirty (30) days of receipt of invoice. If any Customer account is 30 days or more overdue (except with respect to charges then under reasonable and good faith dispute), in addition to any other rights and remedies (including the termination rights set forth in this Agreement), REofUSA.com reserves the right to not include the Listing Content on its website until such account is paid in full.

6.4 Unless otherwise provided, REofUSA.com's fees do not include any Taxes, and Customer is responsible for paying all Taxes associated with its purchases hereunder, excluding Taxes based on REofUSA.com's net income or property. If REofUSA.com has the legal obligation to pay or collect Taxes for which Customer is responsible, the appropriate amount shall be invoiced to and paid by Customer, unless Customer provides a valid tax exemption certificate authorized by the appropriate taxing authority.

7. SUPPORT

REofUSA.com shall provide support provided Customer is current in payment of the applicable Service Fees. 

8. WARRANTIES

8.1 Each party represents and warrants that (i) it has the legal power to enter into and perform under this Agreement; and (ii) it shall comply with all other applicable laws in its performance hereunder.

8.2 Customer warrants that (i) for each listing included in the Listing Content Company has a valid listing agreement with the owner of the advertised property; (ii) it owns or has acquired all necessary rights in the trademarks, logos, brand name, and other intellectual property works that appear on Customer's web page to which viewers of the Listing Content are linked; and (iii) it is, and will remain through the term of this Agreement, duly licensed in good standing in the state in which its principal office is located

8.3 EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE REofUSA.com WEBSITE IS PROVIDED IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. REofUSA.com HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, REofUSA.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE REofUSA.com WEBSITE.

9. INDEMNIFICATION

9.1 Indemnification by REofUSA.com. Subject to this Agreement, REofUSA.com shall defend, indemnify and hold Customer harmless against any loss or damage (including without limitation reasonable attorneys' fees) incurred in connection with claims, demands, suits, or proceedings ("Claims") made or brought against Customer by a third party alleging that the REofUSA.com Technology or REofUSA.com Content infringe the intellectual property rights of a third party; provided, that Customer (a) promptly gives written notice of the Claim to REofUSA.com; (b) gives REofUSA.com sole control of the defense and settlement of the Claim; and (c) provides to REofUSA.com all reasonable assistance. If REofUSA.com reasonably believes that the Customer's use of any portion of the REofUSA.com Technology or REofUSA.com Content is likely to be enjoined by reason of a Claim of infringement, violation or misappropriation of any third party's intellectual property rights then REofUSA.com may, at its expense: (i) procure for the Customer the right to continue using the REofUSA.com Technology or REofUSA.com Content; (ii) replace the REofUSA.com Technology or REofUSA.com Content with other services or other material of equivalent functions and efficiency that is not subject to an action of infringement; or (iii) modify the REofUSA.com Technology or REofUSA.com Content so that there is no longer any infringement or breach, provided that such modification does not adversely affect the functional capabilities of the REofUSA.com Technology or REofUSA.com Content as set out herein.REofUSA.com shall have no obligations to Customer under this Section 9.1 to the extent such Claims arise from Customer's breach of this Agreement or from the combination of the REofUSA.com Technology or REofUSA.com Content with any of Customer's products, services, hardware or business processes.

9.2 Indemnification by Customer. Subject to this Agreement, Customer shall defend, indemnify and hold REofUSA.com harmless against any loss or damage (including without limitation reasonable attorneys' fees) incurred in connection with Claims made or brought against REofUSA.com by a third party alleging that (i) Customer has breached its representation or warranties defined in this Agreement; or (ii) the Listing Content, or the use thereof has caused harm to a third party or infringes the intellectual property rights of a third party; provided, that REofUSA.com(a) promptly gives written notice of the Claim to Customer; (b) gives Customer sole control of the defense and settlement of the Claim (provided that Customer may not settle or defend any Claim unless it unconditionally releases REofUSA.com of all liability); and (c) provides to Customer, at Customer's cost, all reasonable assistance. Customer shall have no obligations to REofUSA.com under this Section 9.2 to the extent such Claims arise from REofUSA.com's breach of this Agreement.

10. CONFIDENTIALITY

10.1 As used herein, "Confidential Information" means all confidential and proprietary information of a party ("Disclosing Party") disclosed to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement (including pricing and other terms reflected in Order Forms), the Service, REofUSA.com Technology, business and marketing plans, technology and technical information, product designs, and business processes. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to Disclosing Party; (ii) was known to Receiving Party prior to its disclosure by Disclosing Party without breach of any obligation owed to Disclosing Party; (iii) was independently developed by Receiving Party without breach of any obligation owed to Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to Disclosing Party.

10.2 Receiving Party shall not disclose any Confidential Information of Disclosing Party for any purpose outside the scope of this Agreement, except with Disclosing Party's prior written consent. Receiving Party shall protect the confidentiality of Disclosing Party's Confidential Information in the same manner that it protects the confidentiality of its own confidential information of like kind (but in no event using less than reasonable care). REofUSA.com represents and warrants that it will maintain the confidentiality of Customer Data in accordance with all applicable laws and, except as required by applicable law, will not disclose Customer Data to any third party for any purpose other than to provide the Service or implementation services to Customer. Each party represents and warrants that it will collect, maintain and handle all personal data in compliance with all applicable data privacy and protection laws. Receiving Party shall promptly notify Disclosing Party if it becomes aware of any actual or reasonably suspected breach of confidentiality of Disclosing Party's Confidential Information.

10.3 If Receiving Party is compelled by law to disclose Confidential Information of Disclosing Party, it shall provide Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Party's cost, if Disclosing Party wishes to contest the disclosure.

10.4 If Receiving Party discloses (or threatens to disclose) any Confidential Information of Disclosing Party in breach of confidentiality protections hereunder, Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being acknowledged by the parties that any other available remedies are inadequate.

10.5. Upon any termination of this Agreement, the Receiving Party shall continue to maintain the confidentiality of the Disclosing Party's Confidential Information and, upon request, return to the Disclosing Party or destroy (at the Disclosing Party's election) all materials containing such Confidential Information.

11. LIMITATION OF LIABILITY

11.1 EXCEPT (i) FOR THE PARTIES' INDEMNIFICATION OBLIGATIONS; (ii) FOR CUSTOMER'S FAILURE TO PAY ANY FEES DUE UNDER THIS AGREEMENT; OR (iii) EITHER PARTY'S MATERIAL BREACH OF SECTION 10 ("CONFIDENTIALITY"), IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES PAID TO REofUSA.com DURING TWELVE MONTHS PRIOR TO THE CLAIM.

11.2 IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. TERM AND TERMINATION

12.1 This Agreement commences on the Effective Date and continues until all User licenses granted in accordance with this Agreement have expired or been terminated. The term applicable to each Order Form commences upon Customer's execution of such Order Form and will automatically continue on a month-to-month basis unless terminated in accordance with this Agreement.

12.2 A party may terminate this Agreement for cause: (i) upon 60 days written notice to the other party of a material breach of this Agreement if such breach remains uncured at the expiration of such period; (ii) immediately upon written notice if the other party becomes the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; or (iii) as otherwise provided herein. Upon any termination for cause by Customer, REofUSA.com shall refund Customer any prepaid Services Fees for the remainder of its subscription term after the date of termination.

12.3 The parties' rights and obligations with respect to the fees and payment terms, audit rights, title and protection, confidentiality, patent and copyright indemnification, warranty disclaimers, limitation of liability, and governing law provisions of this Agreement shall survive termination of this Agreement.

12.4 Upon the effective date of termination of this Agreement: Customer's license to use the Service will cease and REofUSA.com will delete all backed-up Customer Data from REofUSA.com systems within 30 days of termination of this Agreement.

GENERAL

13.1 The parties are independent contractors, and no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties is created hereby. There are no third party beneficiaries to this Agreement.

13.2 Notices shall be in writing and effective upon receipt.

13.3 No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by Customer and REofUSA.com. To the extent of any conflict between this Agreement and any other schedule or attachment, this Agreement shall prevail unless expressly stated otherwise. Notwithstanding any language to the contrary therein, no terms stated in a purchase order or in any other order document (other than a mutually executed order document expressly incorporated herein) shall be incorporated into this Agreement, and all such terms shall be void. This Agreement, which includes all schedules, statements of work and attachments hereto, represents the entire agreement of the parties, and supersedes all prior or contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

13.4 No failure or delay in exercising any right hereunder shall constitute a waiver of such right. Except as otherwise provided, remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect.

13.5 Neither party shall be liable to the other for any delay or failure to perform hereunder (excluding payment obligations) due to a Force Majeure Event.

13.6 Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms hereunder), without consent of the other party, to its successor in interest in connection with a merger, reorganization, or sale of all or substantially all assets or equity not involving a direct competitor of the other party. Any attempted assignment in breach of this section shall be void. This Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

13.7 Customer agrees to comply fully with all applicable regulations of the United States Department of Commerce and with the United States Export Administration Act, as amended from time to time, and with all applicable laws and regulations of other jurisdictions with respect to the importation and use of the Service.

13.8 This Agreement shall be governed exclusively by the internal laws of the state of California, without regard to its conflicts of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The parties' duties and obligations under this Agreement may be carried out using electronic media and electronic stored information, as permitted by the Uniform Electronic Transactions Act as adopted by the State of California.

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