- USE OF THE SITE. You must be 18 years or older to use the Site. You may access and use the Site solely for lawful purposes and only in accordance with the terms of this Agreement. Realty Trends reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site (or any portion thereof) with or without notice.
- REGISTRATION. The Site may include a process by which You may apply to become a registered user of certain portions of the Site. If the Site has such a registration process, Your access to the Site will be limited to the public areas of the Site until You apply for and are approved as a registered user of the Site. In connection with Your registration, You will be asked to submit certain information about Yourself (“Registration Information”). You represent and warrant that: (a) all Registration Information You have provided is true, accurate, current, and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. As part of the registration process, you may be permitted to create a user ID for use in identifying Yourself (a “User ID”). Failure to comply with the foregoing shall constitute a breach of this Agreement.
- TERM AND TERMINATION. This Agreement will be effective on the date You first use the Site and will continue until terminated. Realty Trends may terminate this Agreement immediately, for any reason or no reason, with or without notice to You. You may terminate this Agreement upon written notice to Realty Trends, such termination effective 10 business days following acknowledgment of receipt of such notice by Realty Trends. Realty Trends may also suspend your use of the Site and direct You to cease using the Site with or without notice to You and with or without cause. Upon any termination of this Agreement, all rights and licenses granted to You under this Agreement will cease and You must promptly discontinue all access to any part of the Site and the use of any Content (as defined below) downloaded or otherwise obtained from the Site. Sections 3, 6, 9-12 and 15 will survive termination or expiration of this Agreement for any reason as they apply to the rights granted to Realty Trends and the restrictions placed on You.
- CONTENT. The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content (collectively, “Content”) available on the Site or provided from or through the Site (such Content and any other contents of the Site, collectively, “Site Content”) are protected by the Intellectual Property Rights of Realty Trends and its partners, affiliates, and licensors (“Affiliates”). For purposes of this Agreement, “Intellectual Property Rights” mean any and all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights. Unless otherwise noted on the Site, as between You, Realty Trends and its Affiliates, all Site Content is owned by Realty Trends and its Affiliates. You are granted a limited, non-exclusive, non-transferable license to view the Site and Site Content solely for your own personal, non-commercial purposes. Except as expressly set forth in this Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Site or Site Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or Site Content. Certain of the Content may include or be based on data, information and content from independent third party providers (“Third Party Content”). Realty Trends uses commercially reasonable measures to ensure that the Third Party Content is reliable, but Realty Trends has no independent basis to verify or contradict the accuracy or completeness of the Third Party Content and will not be responsible for any erroneous Third Party Content available on the Site.
- MARKS. Unless otherwise labeled, all trademarks, tradenames, service marks, logos, banners, and page headers displayed on the Site (collectively, the "Marks") are the property of Realty Trends and its Affiliates. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of Realty Trends.
- POSTINGS AND UPLOADS. The Site may include forums, interactive blogs, bulletin boards, chat rooms, or other opportunities through which You may provide or upload Content to the Site (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement or misappropriation of the Intellectual Property Rights of any third party; (3) illegal in any way or that advocates illegal activity; or (4) an advertisement or solicitation of funds, goods, or services. You represent and warrant to Realty Trends and its Affiliates that You own all right, title, and interest in and to any Provided Content that You provide or upload to the Site, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant Realty Trends the rights discussed in this Agreement. You will indemnify, defend, and hold harmless Realty Trends and its Affiliates from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth in this Agreement. By providing or uploading any Provided Content to the Site, You grant Realty Trends a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind. In addition, you waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant Realty Trends the right to use Your name in connection with the reproduction or distribution of such material.
- CONDUCT. You will not and will not permit any third party to (1) use the Site to harvest or collect e-mail addresses or other contact information of other users from the Site by electronic or other means; (2) use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; (3) use automated scripts to collect information from or otherwise interact with the Site; (4) use the Site to intimidate or harass any other people or entities; (5) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of the Site; (6) remove, bypass or circumvent any electronic protection measures on the Site; (7) remove, alter, or obscure any copyright or other proprietary rights notices included on the Site or the Site Content; (8) upload to the Site or provide to Realty Trends any code or device capable of or intended to interrupt, harm or damage the Site or the operation of the Site; or (9) use the Site or Content for any commercial purpose or in any automated manner.
- CLAIMS OF INFRINGEMENT. Just as Realty Trends requires users of the Site to respect the copyrights and other Intellectual Property Rights of Realty Trends, its Affiliates, and other third parties, Realty Trends respects the copyrights and other Intellectual Property Rights of users of the Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail to: Realty Trends, LLC Attn: Copyright Infringement Agent 12081 W Alameda Parkway #184 Lakewood, CO 80228 Please provide the following information to Realty Trends’ Copyright Infringement Agent: (1) the identity of the infringed work, and of the allegedly infringing work; (2) Your name, address, daytime phone number, and e-mail address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (5) Your electronic or physical signature.
- REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant for the benefit of Realty Trends and its Affiliates that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Sites; and (3) all information You provide to Realty Trends in connection with this Agreement and Your access to the Site is correct and current.
- DISCLAIMER AND LIMITATION OF LIABILITY. 10.1 Disclaimer. THE SITE AND THE SITE CONTENT IS PROVIDED BY REALTY TRENDS "AS IS" AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER REALTY TRENDS NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION CONTAINED IN THE SITE CONTENT OR OTHERWISE DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITE. UNDER NO CIRCUMSTANCES WILL REALTY TRENDS BE LIABLE IN ANY WAY FOR ANY CONTENT PROVIDED THROUGH THE SITE. YOU AGREE THAT YOUR ACCESS TO THE SITE IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, REALTY TRENDS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND REALTY TRENDS’S CONTROL MAY OCCUR FROM TIME TO TIME. 10.2 Limitation. IN NO EVENT WILL REALTY TRENDS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE SITE OR ANY OF THE CONTENT PROVIDED THROUGH THE SITE, EVEN IF REALTY TRENDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. REALTY TRENDS’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $10.
- CERTAIN LIABILITIES. You hereby indemnify, defend, and hold harmless Realty Trends and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Site (or any Content published to or available through the Site), or Your breach of any term of this Agreement. Realty Trends will provide You with notice of any such claim or allegation, and Realty Trends will have the right to participate in the defense of any such claim at its expense.
- LINKED SITES. The Site may contain links to third-party sites that are not under the control of Realty Trends, and Realty Trends is not responsible for any content on any linked site. If you access a third-party site from the Site, then you do so at your own risk. Realty Trends provides links only as a convenience, and the inclusion of the link does not imply that Realty Trends endorses or accepts any responsibility for the content on those third-party sites. Realty Trends welcomes links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Realty Trends or any group or individual affiliated with Realty Trends. You may not use on your site any Content or Marks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the Content or other materials on the Site.
- NOTICES. Except as expressly stated otherwise, any notices required or allowed under this Agreement will be given to Realty Trends by postal mail to the address for Realty Trends listed on the Site. With respect to Realty Trends’ notices to You, Realty Trends may provide notice of amendments to this Agreement by posting them on the Site and You agree to check for changes. In addition, or in lieu thereof, Realty Trends may give notice by sending e-mail to the e-mail address You provide during registration for the Site. Notice shall be deemed given 24 hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.