Welcome to the real-estate-investors-resource.com Real Estate Portal
The terms "NEODEMESNE,"
"real-estate-investors-resource.com," "we," "us" and "our"
all refer to real-estate-investors-resource.com The terms "Member", "you" and
"your" are used to refer to the party who is entering into a contract
with real-estate-investors-resource.com for the Membership Services.
1. ACCEPTANCE OF TERMS
real-estate-investors-resource.com provides the Real Estate Portal Membership
("Membership"), to you, subject to the following Terms of Service
("TOS"), which may be updated by us from time to time without notice
to you. You can review the most current version of the TOS at any time at
www.real-estate-investors-resource.com/TOS.html.
2. DESCRIPTION OF SERVICES
The real-estate-investors-resource.com Real Estate Portal Membership currently
provides members with access to a unique collection of online resources and
communications services. Unless explicitly stated otherwise, any new features
that augment or enhance the current Membership, including the release of new
Membership resources, shall be subject to the TOS.
As part of your Membership, real-estate-investors-resource.com may make
available a variety of content through the Site prepared by itself or third
parties. This content is for informational purposes only and is not intended as
tax, legal or investment advice.
3. YOUR OBLIGATIONS
In consideration of your use of your Membership, you will:
(a) provide true, accurate, current and complete information about yourself and
your business as prompted by the Membership's registration form (such
information being the "Registration Data") and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or real-estate-investors-resource.com has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
real-estate-investors-resource.com has the right to suspend or terminate your Membership and refuse
any and all current or future use of your Membership (or any portion thereof).
You will pay all subscription, service and use fees
associated with your Membership ("Fees") by authorized check, credit
card or electronic fund transfer. Alternatively, you may authorize
real-estate-investors-resource.com to charge your credit card or bank checking account for the
amount of any Fees you owe. We reserve the right to change the Fees, at our
sole discretion, upon notice to you, which notice may be given by posting any
change in Fees in the Paid Memberships area of the real-estate-investors-resource.com web site. Any
change in Fees shall be effective thirty (30) days after we post the change.
You will also pay all federal, state and local taxes, if any, levied now or in
the future. You will pay all costs (including, but not limited to, attorneys'
fees), if any, we incur in collecting overdue or uncollected fees from you.
4. real-estate-investors-resource.com INC. INFORMATION DISCLOSURE AND PRIVACY
POLICY
As part of your Membership, we will make all of your
approved property listings and other membership ads available to third parties.
In addition, we may disclose to third parties certain aggregate information
contained in your Registration Data, your property listings or membership ads,
provided that, such information will NOT include personally identifying
information, except as specifically authorized by you or in the good faith
belief that such action is reasonably necessary to comply with the law, legal
process or to enforce the TOS.
5. MEMBER CONDUCT
All information, data, text, software, photographs,
graphics, messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not real-estate-investors-resource.com, are
entirely responsible for all Content that you upload, post or otherwise
transmit via your Membership. real-estate-investors-resource.com does not control the Content
posted via other user's Memberships and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using
your Membership, you may be exposed to Content that is offensive, indecent or
objectionable.
You will post Content related solely to real estate
properties that you own. You will keep all available property listings current
and you will accurately describe all property, financing and terms. Your
Content will not be inaccurate, misleading or inflammatory. Your Content will
comply with with all federal, state and local fair housing laws, regulations
and ordinances. You will not mischaracterize the relationship between you and
real-estate-investors-resource.com or imply that real-estate-investors-resource.com is a party to, or obligated under,
any agreement between you and any third party.
You Will Not Use Your Membership To:
(a) Upload, post or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, torturous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(b) Impersonate any person or entity, including, but not
limited to, a real-estate-investors-resource.com official, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
(c) Upload, post or otherwise transmit any Content that you
do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
(d) Upload, post or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
(e) Upload, post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail",
"spam", "chain letters", "pyramid schemes", or
any other form of solicitation;
(f) Upload, post or otherwise transmit any content that
requires membership or payment to access any or all of the content posted;
(g) Upload, post or otherwise transmit any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
(h) Intentionally or unintentionally violate any applicable
local, state, national or international law, regulation or ordinance;
(i) "Stalk" or otherwise harass another;
(j) Promote or provide instructional information about
illegal or harmful activities;
6. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to
comply with all local laws regarding online conduct and acceptable Content.
Specifically, the United States or the country in which you reside.
7. CONTENT SUBMITTED TO THE real-estate-investors-resource.com Real Estate
Portal
real-estate-investors-resource.com does not claim ownership of the Content you
place in your ads or otherwise submit through your Membership. By submitting
Content to real-estate-investors-resource.com for inclusion in your ads or the real-estate-investors-resource.com Site,
you grant real-estate-investors-resource.com the world-wide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish the Content solely for the
purpose of displaying, distributing and promoting your ads or property listings
on the real-estate-investors-resource.com web site.
real-estate-investors-resource.com does not always pre-screen Content, but
real-estate-investors-resource.com and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or remove any Content that has been submited
via your Membership. Without limiting the foregoing, real-estate-investors-resource.com and its
designees shall have the right to remove any Content that violates the TOS or
is otherwise objectionable.
8. INDEMNITY
You will indemnify, protect, defend and hold real-estate-investors-resource.com,
and its subsidiaries, affiliates, officers, agents, partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your Content, your use of the
Membership, your connection to the Membership, your violation of the TOS, or
your violation of any rights of another.
9. NO RESALE OF SERVICES
You will not reproduce, duplicate, copy, sell, resell or
exploit any portion of the Membership, use of your Membership, or access to
your Membership.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
real-estate-investors-resource.com may establish general practices and limits
concerning use of your Membership.
11. MODIFICATIONS TO SERVICES
real-estate-investors-resource.com reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, your Membership
(or any part thereof) with or without notice. You agree that real-estate-investors-resource.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of your Membership.
12. TERMINATION
You agree that real-estate-investors-resource.com, in its sole discretion, may
terminate your password, your access to real-estate-investors-resource.com Real Estate Portal, use
of your Membership or use of any other real-estate-investors-resource.com service, and remove and
discard any Content within the Real Estate Portal, for any reason, including,
without limitation, for lack of use or if real-estate-investors-resource.com believes that you have
violated the TOS. real-estate-investors-resource.com may also in its sole discretion and at any
time discontinue providing your Membership, or any part thereof, with or
without notice. Any termination of your access to your Membership under any
provision of this TOS may be effected without prior notice, and acknowledge and
agree that real-estate-investors-resource.com may immediately deactivate or delete your ads and all
related information and files in your ads and/or bar any further access to such
files or your Membership. Further, real-estate-investors-resource.com shall not be liable to you or
any third-party for any termination of your access to your Membership.
13. LINKS
Your Membership may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because real-estate-investors-resource.com has no
control over such Web sites and resources, real-estate-investors-resource.com is not responsible
for the availability of such external Web sites or resources, and does not
endorse and is not responsible for or liable for any content, advertising,
products, or other materials on or available from such Web sites or resources.
You further acknowledge and agree that real-estate-investors-resource.com shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such Web site or resource.
14. real-estate-investors-resource.com PROPRIETARY RIGHTS
The real-estate-investors-resource.com Real Estate Portal and any necessary
software used in connection with your Membership ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. Content contained in sponsor
advertisements or information presented to you through the Real Estate Portal
or advertisers is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized by
real-estate-investors-resource.com or advertisers, you will not modify, rent, lease, loan, sell,
distribute or create derivative works based on the Real Estate Portal, your
Membership or the Software, in whole or in part.
15. DISCLAIMER OF WARRANTIES
(a) Your use of your Membership and Content is at your sole
risk;
(b) Your Membership is provided on an "as is" and
an "as available" basis;
(c) real-estate-investors-resource.com expressly disclaims all warranties of any
kind, whether expressed or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, course of
dealing or usage of trade and non-infringement;
(d) real-estate-investors-resource.com makes no warranty that:
Your Membership will meet your requirements, (ii) your
Membership will be uninterrupted, timely, secure, or error-free, (iii) the
results that may be obtained from the use of our site will be accurate or
reliable, (iv) the quality of the products, services, information, or other
material purchased or obtained by you through our site will meet your
expectations, (v) any errors in the software will be corrected, or (vi) that
any third party will perform as promised;
(e) Any material downloaded or otherwise obtained through
the use of the Membership Services is done at your own discretion and risk, and
you will be soley responsible for any damage to your computer system or loss of
data that results from the download of any such material;
(f) No advice or information, whether oral or written,
obtained by you from real-estate-investors-resource.com or through or from the Membership Services
shall create any warranty not expressly stated in the TOS.
(g) You must evaluate, and bear all risks associated with,
the use of any Content contained on the real-estate-investors-resource.com Real Estate Portal,
including any reliance on the accuracy, completeness, or usefulness of such
Content.
To the fullest extent permitted under applicable law,
real-estate-investors-resource.com disclaims any and all such warranties.
16. LIMITATION OF LIABILITY
real-estate-investors-resource.com shall not be liable for any direct, indirect,
incidental, special, consequential, or exemplary damages, including but not
limited to, damages or loss of profits, goodwill, use, data, or other
intangible losses (even if real-estate-investors-resource.com has been advised of the possibility
of such damages) resulting from: (i) the use or the inability to use the
Membership Services; (ii) the cost of procurement of substitute goods and
services; (iii) unauthorized access to or alteration of your transmissions or
data; (iv) statements or conduct of any third party on the Membership Services;
or (v) any other matter relating to the Membership Services.
Further, real-estate-investors-resource.com shall not be liable for any loss
resulting from failure of electronic or mechanical equipment or communication
lines; telephone or other interconnectivity problems; bugs, errors,
configuration problems, or incompatibility of computer hardware or software;
failure or unavailability of Internet access, problems with Internet service
providers with intermediate computer or communications networks or facilities;
problems with data transmission facilities of your telephone or telephone
service; or unauthorized access, theft, operator errors, severe weather,
earthquakes, acts of God, acts of war or labor disputes. real-estate-investors-resource.com is not
responsible for any damage to your computer, software, modem, telephone or
other property resulting from your use of the Membership Services.
You further agree that real-estate-investors-resource.com shall not be liable to
you or any other third party for any information submitted to you by a Investor
or prospective Investor or for the suitability of qualification of any Investor
or prospective Investor.
17. GENERAL RELEASE
Because real-estate-investors-resource.com is not involved in transactions
between members and visitors or any third parties, if a dispute arises between
one or more Web sites or Membership Services users, each of you release
real-estate-investors-resource.com (and its agents and employees) from 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.
18. NOTICE
Notices to you may be made by e-mail or regular mail.
real-estate-investors-resource.com may also provide notices of changes to the TOS, Membership
Services or other matters by displaying notices or links to notices to you
generally on the Site.
19. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
real-estate-investors-resource.com and govern your use of the Services, superceding any prior
agreements between you and real-estate-investors-resource.com. You also may be subject to
additional terms and conditions that may apply when you use other
real-estate-investors-resource.com services, third-party content or third-party software. The TOS
and the relationship between you and real-estate-investors-resource.com shall be governed by the
laws of the State of Florida without regard to its conflict of law provisions.
You and real-estate-investors-resource.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Palm Beach, Florida.
The failure of real-estate-investors-resource.com to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS 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 the TOS 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 Membership Services or the TOS must be
filed within one (1) year after such claim or cause of action arose or be
forever barred. The section titles in the TOS are for convenience only and have
no legal or contractual effect.