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RE/MAX Southeast, Inc.
Terms of Use
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY THIS USING THIS
SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF
USE, PLEASE DO NOT USE THIS SITE.
- General.
This site is operated by RE/MAX Southeast, Inc.. RE/MAX Southeast, Inc. reserves the right at any time to change, modify, amend, or discontinue
any aspect or feature of the site, including, without limitation, the
content, hours of availability, and equipment needed for access or use of
the site.
- Equipment. You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to and
use of the site and all charges related thereto.
- Restrictions on Use.
- You
shall use the site for lawful purposes only. You shall not post or
transmit through the site any material which violates or infringes in any
way upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, gives rise to civil liability or otherwise
violate any law. Without RE/MAX Southeast, Inc.'s express prior approval, you shall not post
or transmit through the site any material which contains advertising or
any solicitation with respect to products or services. You shall not use
the site to advertise or perform any commercial solicitation, including,
without limitation, the solicitation of users to become subscribers of
other on-line information services competitive with the site. Any conduct
by you that in RE/MAX Southeast, Inc.'s discretion restricts or inhibits any other user from
using or enjoying the site will not be permitted.
- The
site contains copyrighted material, trademarks and other proprietary
information, including, without limitation, text, software, photos, video,
graphics, music and sound, and the contents of the site are copyrighted
under the United States copyright laws. You may not modify, publish,
transmit, display, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in part. You
may download one copy of any copyrighted material for your personal,
non-commercial home use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be
permitted without the express written permission of RE/MAX Southeast, Inc. and the copyright
owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. You
acknowledge that you do not acquire any ownership rights by downloading
copyrighted material.
- You
shall not upload, post or otherwise make available on the site any
material protected by copyright, trademark or other proprietary right
without the express permission of the owner of the copyright, trademark or
other proprietary right and the burden of determining that any material is
not protected by copyright rests with you. You shall be solely liable for
any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material to any public area of the site, you automatically grant, or
warrant that the owner of such material has expressly granted RE/MAX Southeast, Inc. the
royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, display, translate and
distribute such material (in whole or in part) and/or to incorporate it in
other works in any form, media or technology now known or hereafter
developed. You also permit any other user of the site to access, view,
store or reproduce the material for that user's personal use. You grant
RE/MAX Southeast, Inc. the right to edit, copy, display, publish and distribute any material
made available on the site by you.
- The
foregoing provisions of Section 3 are for the benefit of RE/MAX Southeast, Inc., its
subsidiaries, affiliates and its third party content providers and
licensors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
- Disclaimer of Warranty; Limitation of Liability.
- YOU
EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER RE/MAX SOUTHEAST, INC.,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
- THE
SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE
USE OF THE SITE.
- THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RE/MAX SOUTHEAST, INC. IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
- IN
NO EVENT WILL RE/MAX SOUTHEAST, INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE
LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER
ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION,
LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT
ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL RE/MAX SOUTHEAST, INC.'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY
OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESSING THIS SITE.
- Monitoring. RE/MAX Southeast, Inc. shall have the right, but not the obligation, to monitor the
content of the site [including chat rooms and forums], to determine
compliance with these conditions of use and any operating rules established
by RE/MAX Southeast, Inc. and to satisfy any law, regulation or authorized government request.
RE/MAX Southeast, Inc. shall have the right in its sole discretion to edit, refuse to post or
remove any material submitted to or posted on the site. Without limiting the
foregoing, RE/MAX Southeast, Inc. shall have the right to remove any material that RE/MAX Southeast, Inc., in
its sole discretion, finds to be in violation of the provisions hereof or
otherwise objectionable.
- Indemnification.
You agree to defend, indemnify and hold harmless RE/MAX Southeast, Inc. and its affiliates and
their respective directors, officers, employees and agents from and against
any and all claims, actions, demands, damages, costs, liabilities, losses
and expenses (including reasonable attorneys' fees) arising out of your use
of the site.
- Trademarks. RE/MAX Southeast, Inc. and each of their logos are
trademarks of RE/MAX Southeast, Inc.. All rights
reserved. All other trademarks appearing on the site are the property of
their respective owners.
- Third
Party Content. RE/MAX Southeast, Inc. is a
distributor (and not a publisher) of content supplied by third parties and
users of the site. Accordingly, RE/MAX Southeast, Inc. has no more editorial control over such
content than does a public library, bookstore, or newsstand. 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 of RE/MAX Southeast, Inc.. In many instances, the content available through the site
represents the opinions and judgments of the respective information provider
or user. RE/MAX Southeast, Inc. neither endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement made on the site by anyone
other than authorized RE/MAX Southeast, Inc. employee spokespersons while acting in their
official capacities.
- Viruses.
RE/MAX Southeast, Inc. also assumes no responsibility, and shall not be liable for, any
damages to, or viruses that may infect, your computer equipment or other
property on account of your access to, use of, or browsing in the Site or
your downloading of any materials, data, text, images, video, or audio from
the Site.
- Export
Control. Software and other materials from this Site may also be subject to
United States Export Control. The United States Export Control laws prohibit
the export of certain technical data and software to certain territories. No
software from this Site may be downloaded or exported (1) into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the Unites States has embargoed goods; or (2) anyone
on the United States Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. RE/MAX Southeast, Inc. does
not authorize the downloading or exportation of any software or technical
data from this Site to any jurisdiction prohibited by the United States
Export Laws.
- Business
Associates. The business
associates of RE/MAX Southeast, Inc. identified on this Site are independent contractors of
RE/MAX Southeast, Inc.. The business associates are not joint venturers or partners of RE/MAX Southeast, Inc..
No employee or representative of the business associates is under the
control of RE/MAX Southeast, Inc..
- Changed
Terms. RE/MAX Southeast, Inc. has the right at any time to change or modify the terms and
conditions applicable to use of the site, or any part thereof, or to impose
new conditions, including, without limitation, adding fees and charges for
use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by any means including,
without limitation, posting on the site, or by electronic or conventional
mail, or by any other means. Any use of the site by you after such notice
shall be deemed to constitute acceptance of such changes, modifications,
additions or deletions.
- Miscellaneous. These terms of use constitute the entire agreement of the parties
with respect to the subject matter hereof and supersede all previous written
or oral agreements between the parties with respect to such subject matter.
These terms of use shall be construed in accordance with the laws of the
State of Colorado, without regard to its conflict of laws rules. You hereby
consent to the personal jurisdiction of the State of Colorado, acknowledge
that venue is proper in the courts of the County of Denver, State of
Colorado, agree that any action related to these terms of use must be
brought in a court in the County of Denver, State of Colorado, and waive
any objection that may exist, now or in the future, with respect to any of
the foregoing. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only and shall
not be given any legal import.
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