Terms of Use
PURPOSE OF AGREEMENT
The REAConnect services (the "Services") are made available to you by REA,
Inc. ("REA") and are subject to the following Terms of Service (the "Terms").
DESCRIPTION OF SERVICE
REAConnectprovides users and their clients with access to project, lead, property,
contact and space information to document business relationships (the "Service"
and "Services"). You may connect to the Services using any Internet browser.
You are responsible for obtaining access to the Internet and the equipment necessary
to use the Services.
MODIFICATION OF TERMS OF SERVICE
REA may modify the Terms upon notice to you at any time. These modifications may
include, without limitation, payment terms for the Services. We shall notify you
in this event. You will be provided the option to terminate your use of the Services
if REA modifies the Terms in a manner that substantially affects your rights in
connection with use of the Services. Your continued use of the Service after notice
of any change to the Terms will be deemed to be your agreement to the amended Terms.
SUBSCRIBER REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Registration
Process "Registration Data") to sign up for a user account (the "REAConnect
Account"); and (b) maintain and promptly update your Registration Data to keep
it true, accurate, current, and complete. If you provide any information that is
untrue, inaccurate, outdated, or incomplete, or if REA has reasonable grounds to
suspect that such information is untrue, inaccurate, outdated, or incomplete, REA
has the right to suspend or terminate your REAConnect Account and refuse current
or future use of any or all of the Services. You may not register for or access
the Services if you are a competitor of REA, except with REA’s express prior written
consent. You may not use another person, entity, customer, Subscriber, company,
or organization’s account without the express prior written permission of that party.
You are solely responsible for maintaining the confidentiality of your REAConnect
Account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your REAConnect Account
or password. If you have reason to believe that your REAConnect Account is no longer
secure, you agree to immediately notify REA. You may be liable for the losses incurred
by REA or others due to any unauthorized use of your REAConnect Account. In addition,
you may not access the Service for purposes of monitoring its performance or functionality,
or for any other competitive purposes.
SUBSCRIBER RESPONSIBILITIES
You are responsible for all activities occurring under your REAConnect Account and
shall abide by all applicable local, state, national and foreign laws, treaties
and regulations in connection with your use of the Services, including those related
to data privacy, international communications and the transmission of technical
or personal data. You are solely responsible for your interactions with other subscribers
to the Services ("Subscribers"). REA reserves the right, but has no obligation,
to monitor disputes between you and other Subscribers. REA shall have no liability
for your interactions with other Subscribers, or for any other Subscriber’s action
or inaction.
PERSONAL INFORMATION AND PRIVACY
Personal information you provide to REA through the Service is governed by the REA Privacy Policy and applicable
laws related to personal information. Your election to use the Services each time
you log on to your REAConnect Account indicates your acceptance of the terms of
the then-current REAConnect Privacy Policy. You are responsible for maintaining
the confidentiality of your username, password and all other sensitive, confidential
or proprietary information relating to or used in connection with your REAConnect
Account. You are responsible for all activities that occur in your REAConnect Account
and you agree to notify REA immediately of any unauthorized use of your REAConnect
Account. REA is in no way responsible for any loss or damage to you or to any third
party incurred as a result of any unauthorized access and/or use of your REAConnect
Account, or otherwise. You hereby represent and warrant to REA that you own or have
all necessary right, title and interest in and to the use of all information which
you use in connection with your REAConnect Account and in the manner in which such
information is being used by you.
COMMUNICATIONS FROM REA
The Service will include certain communications from REA, such as service announcements,
administrative messages and e-newsletters. You understand that these communications
sent to you and your colleagues who have been registered to REA by you or someone
in your organization shall be considered part of using the Services. As part of
our policy to provide you total privacy, we also provide you the option of opting
out from receiving newsletter mails and from us. However, this may prevent us from
providing effective Services to you.
FEES, PAYMENTS, AND TAXES
REA reserves the right at any time to modify fees for access to portions or whole
of any or all of the Services. Currently we offer a limited free plan. However,
such modified fees shall not be charged unless your agreement to pay such charges
is obtained. Thus, if at any time REA requires a different fee for any of the Services,
you will be given reasonable advance notice of such fees and the opportunity to
cancel your membership before such charges are due to be imposed. If you elect not
to pay such modified fees, REA shall have the right to cease providing some or all
of such Service to you.
CANCELING AND TERMINATING THE REA SERVICES
You are solely responsible for properly canceling your Account with REA. A letter,
email, or telephone request to cancel your REAConnect Account is not considered
a cancellation of your account with REA. You can cancel your REA Service simply
by clicking on the "Account tab" and then click the "Cancel my Account"
link. All of your content will be instantly deleted from the Service upon cancellation.
This information cannot be recovered once your Account is canceled.
RESTRICTION OF USE
In addition to all other terms and conditions of these Terms, you shall not: (a)
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially
exploit or make available to any third party the Services in any way; (b) copy,
distribute, or disclose any part of the Services in any medium; (c) alter or modify
the Services in any way without the prior written consent of REA; (d) reverse engineer,
reverse assemble, reverse compile or otherwise attempt to create the source code
from the Services, or interfere with, or compromise the system integrity or security
of, or decipher any transmissions to or from the servers running the Services; (e)
take any action that imposes, or may impose at our sole discretion an unreasonable
or disproportionately large load on our infrastructure; (f) upload invalid data,
viruses, worms, Trojan horses, or other harmful or disruptive codes, components,
devices, or software agents through the Services; (g) impersonate another person
or otherwise misrepresent your affiliation with a person or entity, conducts fraud,
hide or attempt to hide your identity, or misrepresent the source or content of
information transmitted through the Services; (h) use the Services in any unlawful
manner or in any other manner that could damage, disable, overburden or impair the
REA website or all or any portion of the Services; (i) bypass the measures REA may
use to prevent or restrict access to the Services; (j) use any robot, spider, scraper,
script, or other comparable automated technology to access the Services for any
purpose without REA’s express written permission; (k) gain unauthorized access to
the Services, its user accounts, computer systems or networks through unauthorized
means such as hacking or password mining; (l) collect or harvest any personally
identifiable information, including account names, from the Services without first
obtaining the express prior written permission of such party to use any such personally
identifiable information; (m) use third party links to sites without agreeing to
their website terms & conditions; and (n)post links to third party sites or
use their logo, company name, etc. in connection with the Services without first
obtaining their express prior written permission. You shall: (A) notify REA immediately
of any unauthorized use of any password or REAConnect Account or any other known
or suspected breach of security; (B) report to REA immediately and use reasonable
efforts to stop immediately any copying or distribution of content that is known
or suspected by you or other Subscribers to violate these Terms or the intellectual
property rights of third parties; and (C) not impersonate another Subscriber or
provide false identity information to gain access to or use the Services.
SPAMMING AND ILLEGAL ACTIVITIES
You agree to be solely responsible for the contents of your transmissions through
the Services. You agree not to use the Services for illegal purposes or for the
transmission of material that is unlawful, harassing, libelous, invasive of another
person’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene,
or otherwise objectionable, contains viruses, or infringes or may infringe the intellectual
property or other proprietary rights of another person. You agree not to use the
Services for the transmission of "junk mail", "spam", "chain
letters", or other unsolicited mass distribution of email or other unauthorized
or unsolicited activity. REA reserves the right to terminate your access to the
Services if REA believes that you have used the Services for any illegal or unauthorized
activity.
DATA OWNERSHIP
We respect your right to exclusive ownership of your published and stored content
in the Services, including but not limited to contact names, tasks, events, messages
in the Services and posted to social networks, and related content created or stored
by you and any type of data that identifies you or any specific customer or program,
including but not limited to information about usage, account information, internal
team members, or merchants in conjunction with you or your customers (the "Confidential
Information"). Unless specifically permitted by you, your use of the Services
does not grant REA the license to use, reproduce, adapt, modify, publish or distribute
the Confidential Information content created by you or stored in your REAConnect
Account for REA’s commercial, marketing or any similar purpose. You expressly grant
REA the right to use and analyze aggregate system activity data associated with
use of the Services by you and other subscribers for the purposes of optimizing,
improving or enhancing the way the Services operate, and to create new features
and functionality in connection with the Services in the sole discretion of REA.
USER-GENERATED CONTENT
You may transmit or publish content created by you using any of the Services or otherwise.
However, you shall be solely responsible for such content and the consequences of
its transmission or publication. Any content that you may receive from other users
of the Services, is provided to you AS-IS for your information and personal use
only and you agree not to use, copy, reproduce, distribute, transmit, broadcast,
display, sell, license or otherwise exploit such content for any purpose, without
the express written consent of the person who owns the rights to such content. In
the course of using any of the Services, if you come across any content with copyright
notice(s) or any copy protection feature(s), you agree not to remove such copyright
notice(s) or disable such copy protection feature(s) as the case may be. By making
any copyrighted/copyrightable content available on any of the Services you affirm
that you have the consent, authorization or permission, as the case may be from
every person who may claim any rights in such content to make such content available
in such manner. Further, by making any content available in the manner described
above, you expressly agree that REA shall have the right to immediately block access
to or remove such content made available by you, if REA receives complaints concerning
any illegality or infringement of third party rights in such content. By using the
any of the Services and transmitting or publishing any content using the Services,
you hereby expressly and irrevocably consent to determination of questions of illegality
or infringement of third party rights in such content by the agent designated by
REA for this purpose.
INTELLECTUAL PROPERTY RIGHTS
REA, both the word and mark, and the logos are trademarks of REA. You agree not to
display or use, in any manner, the REA trademarks, without REA’s express prior written
consent. You acknowledge and agree that REA is and shall remain the exclusive owner
of all right, title and interest in and to the Services, including without limitation
all patent, copyright, trade secret, trademark and other intellectual property rights
therein, including any optimizations, enhancements, modifications or additional
features added from time to time by REA, whether in connection with your use or
feedback or otherwise. Except for the right to use the Services strictly in accordance
with these Terms, as amended or modified from time to time, no license or conveyance
of any such proprietary rights to you is granted or implied under these Terms.
THIRD PARTY INTERACTIONS
During your use of the Services, you may enter into correspondence with, purchase
goods and/or services from, or participate in promotions of third parties displaying
their goods and/or services through the Services. Any such activity, and any terms,
conditions, warranties or representations associated with such activity, is solely
between you and the applicable third-party. REA and its licensors shall have no
liability, obligation or responsibility for any such correspondence, purchase or
promotion between you and any such third-party. REA and its licensors shall not
be responsible for interruptions in service or performance from third parties, or
any interruptions in the Services caused by such third party services. REA expressly
does not endorse any sites on the Internet that are linked through the Services,
and in no event shall REA or its licensors be responsible for any content, products,
or other materials on or available from such third-party sites. REA provides the
Services to you pursuant to the terms and conditions of these Terms. You recognize,
however, that certain third-party providers of ancillary software, hardware or services
may require your agreement to additional or different license or other terms prior
to your use of or access to such software, hardware or services.
SUBSCRIBER ACCESS
By agreeing to these Terms, you will be provided access to the Services on the terms
and conditioned outlined herein from time to time. REA reserves the right to deny
Subscribers access to the Services from time to time in order to permit REA to perform
routine or emergency maintenance, bug fixes or upgrades. REA shall use commercially
reasonably efforts to notify Subscribers of anticipated material disruptions in
the Services and shall make commercially reasonable efforts to schedule such activities
at non-peak user hours.In addition, REA reserves the right, in its sole discretion,
to reassign or rename your domain/profile URL. REA is not responsible for outages
or service degradations where systems, programs, data, or processes that are controlled,
supplied or operated by you are contributing factors to the outage or service degradation.
In addition, where the Services are Internet-based, you acknowledge and agree that
REA cannot control the flow of data between its servers, other portions of the Internet
and your connections and computers. Such flow depends in large part on the performance
of Internet services provided or controlled by third parties. At times, actions
or inactions caused by these third parties can impair your connections to the Internet.
Although REA will use its commercially reasonable efforts to take actions it deems
appropriate to remedy and avoid such events, it cannot guarantee that they will
not occur.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES IS AT
YOUR SOLE RISK AND LIABILITY. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE
BASIS. REA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. REA MAKES NO WARRANTY
THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY
MATERIALS DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR
OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE
USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION,
WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM REA, ITS EMPLOYEES OR REPRESENTATIVES
SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
YOU AGREE THAT REA SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION,
OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES,
EVEN IF REA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE
REMEDY FOR ANY DISPUTE WITH REA RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION
OF SUCH SERVICES. IN NO EVENT SHALL REA'S LIABILITY TO YOU, WHETHER DIRECT OR
INDIRECT, EXCEED THE FEES ACTUALLY PAID BY YOU TO REA FOR SUCH SERVICES IN THE SIX
(6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. YOU AGREE
THAT THE FOREGOING IS AN AGREED ALLOCATION OF RISK AND IS A REFLECTION OF THE RIGHTS
AND OBLIGATIONS AGREED UPON BY YOU AND REA IN THESE TERMS.
INDEMNIFICATION
You agree to indemnify and hold harmless REA, its officers, directors, employees,
suppliers, and affiliates, from and against any losses, damages, fines and expenses
(including attorney’s fees and costs) arising out of or relating to any claims that
you have used the Services in violation of another party’s rights, in violation
of any law, in violation of any provisions of the Terms, or in connection with any
other claim related to your use of the Services.
ARBITRATION
Any controversy or claim arising out of or relating to the Terms shall be settled
by binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The decision of the arbitrator shall be
final and may not be appealed. The arbitration shall be conducted in New York and
judgment on the arbitration award may be entered into any court having jurisdiction
thereof. Notwithstanding anything to the contrary, REA may at any time seek injunctions
or other forms of equitable relief from any court of competent jurisdiction.
TERMINATION
You agree that REA may terminate your REAConnect Account and access to the Services
for reasons including, but not be limited to, breaches or violations of these Terms
or the REA Privacy Policy, a request
by you to terminate your REAConnect Account, discontinuance or material modification
to the Services, unexpected technical issues or problems, extended periods of inactivity
and/or requests by law enforcement or other government agencies. Termination of
your REAConnect Account includes elimination of access to the Service, deletion
of your REAConnect Account information such as your e-mail, ID and password and
the deletion of data in your REAConnect Account as permitted or required by law