REofUSA.com Pro Service Terms and Conditions 10/06/2010
These 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. CommentsLeave a Reply |