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| Last Updated July 23, 2009 |
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The commercial real estate information and data provided by RealUp through this web site are provided by and are the copyrighted property of RealUp and/or its licensors, partners, associates. By accessing the information, you agree to these Terms Of Use, and RealUp grants you a non-exclusive, non-transferable limited license, without the right to sublicense, to use the information solely as further set forth below.
You agree to use the information solely for personal use, internal business use, and not for resale commercial purposes nor for service bureau, time-sharing or other similar purposes unless explicitly permitted in writing by RealUp to do so.
The submission of information to and/or use of the real estate information services through the RealUp site is subject to the following Terms Of Use. By submitting information to or accessing information from RealUp you agree to the following Terms Of Use.
These Terms Of Use are a legally binding agreement between you and RealUp.com, LLC and are a End User License Agreement (EULA). You also agree to follow all other RealUp policies and guidelines. If you do not agree to these Terms Of Use and to all other policies then do not submit information to or access information from RealUp. We may update these Terms Of Use at any time and without notice. The latest version of the Terms Of Use will be available on the RealUp website.
DISTRIBUTION
This commercial real estate information has been prepared by RealUp exclusively for distribution via our website to members, customers and users of RealUp. It is intended exclusively for their own use.
The original supplier of this commercial real estate information and RealUp retain the copyright to all data files. The use of the this commercial real estate data is restricted to the representatives of the recipient and those other parties requested in writing by the purchaser and designated in writing be RealUp or the original copyright owner or both.
Use of this commercial real estate information by any other party is not permitted and is considered a violation of the copyright. This commercial real estate data may not be reproduced in digital form, in whole or in part, without the express written permission of RealUp.
This commercial real estate information is delivered to you as a copyrighted document with a non-transferable license that provides you restricted redistribution rights. You may not sell any information or allow others to redistribute any data in a commercial activity and you may not publish it without specific written permission of RealUp. Publication or resell licenses may be available on a limited basis for a fee from RealUp.
When you do distribute or display the commercial real estate information in any commercial environment, in any form, you must credit the source of the data as RealUp.
RESTRICTIONS
Without limiting the foregoing, you may not (a) sublicense, transfer, assign, rent, lease, publish or otherwise convey the information, or any right with respect thereto, to any third-party unless such party is conducting or performing work strictly on your behalf for a limited time; (b) disassemble, decompile or otherwise reverse engineer all or any portion of the information; (c) remove from the information, or alter, any of the trademarks, trade names, logos, patent or copyright notices or other proprietary notices or markings, or add any other notices or markings to the information.
OWNERSHIP
The information is the copyright protected property of RealUp and/or its licensors, partners, and associates. The information is licensed, not sold, and you agree that the information and all intellectual property and proprietary rights therein are owned by RealUp and/or its licensors, partners, associates.
RealUp and/or its licensors, associates, and partners reserve title and all rights and interests in and to the information, including without limitation all patent rights, copyrights, trademarks, trade names, trade secrets and other intellectual property and proprietary rights. There are no implied licenses, and all rights not expressly granted are reserved by RealUp.
Users agree that RealUp shall have the right to use any and all information submitted to the site for any purpose, including without limitation for publication in any format and for unrestricted use by RealUp customers, visitors, users, members and partners. RealUp will have the sole authority to choose how any information will be received, displayed, published, distributed and used, and reserves the right to remove all or any information or refuse service to anyone at any time.
RealUp has no obligation to resolve disputes among users of the site or monitor the accuracy or proper use of the site, however, RealUp also reserves the right to do so at its sole discretion. RealUp reserves the right to modify or change any and all Terms Of Use or other policies at any time for any reason. The most current copy of this agreement will usually be posted on the RealUp site.
LICENSE GRANT
RealUp retains all rights, intellectual property, title and interest in the RealUp site and all underlying technology and data including any future enhancements and improvements. Users will not themselves or allow others to reverse engineer, destroy, decompile, merge, disassemble, view, use, disclose, transmit, copy, sell or transfer the underlying source code, database, log files, structure or knowledge of RealUp's technology or delete, alter or otherwise remove any attributes and/or copyright notices.
RealUp owns all intellectual property rights throughout the universe, in all media, now existing or created in the future, for all versions and elements, for all time and eternity, in all languages without limitation. Intellectual property includes all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, virtual rights, copyright registrations, hypothetical rights, synchronization rights, international rights and other rights.
Intellectual property also includes associated trademarks, trade dress, service marks, trade names, registered marks, logos, site design, and the applications for registrations of trademarks and service marks as well as rights including the protection of trade secrets, confidential information and proprietary data. These rights may be extended to divisions, renewals, continuations, reissues and extensions of the any rights now existing, later filed, issued, or acquired.
USE OF INFORMATION
Users agree that all information obtained from RealUp, including listings, professional profiles, recent sales data, and any other information otherwise made available to user in the site is proprietary to RealUp. Users also agree that all content will be maintained as confidential and shall be protected as an important trade secret of RealUp. Customers may access property listings, recent sales data, demographics data and other information on the site in order to obtain information from which further property evaluation and investigation may conclude.
Users may not use the site in any other manner for or in connection with any other competing site. Users shall not use the RealUp site as part of any effort to compete with RealUp, including using the site to provide, alone or in combination with any other product/service, any database services to any third-party or any use that causes a reduction or loss from an existing or potential RealUp customer, nor will any user remove, erase, destroy or tamper with any copyright or other notice printed or stamped on, affixed to, embedded in, encoded for or recorded through the RealUp site. Users violating these terms, specifically the use of RealUp by competing commercial real estate information or listing companies, shall be subject to immediate termination of their membership and will be assessed a fine of $64,000.00 USD per violation.
All RealUp reports, services, products and content are provided as general information and do not constitute legal, accounting, tax, real estate or other profession advice. Please contact a competent professional before acting on any information provided by RealUp.
Customers shall limit access to property listings, professional profiles, member forum, recent sales data, demographics data to personal and internal use, and shall not use any information obtained from the site for further distribution, publication, public display, printing or preparation of derivative works or attempt to facilitate any of these activities in any way. Users may not use or reproduce any site content that is obtained from RealUp in connection with any other listing service or device. No information may be used or accessed by any competing real estate information sites in any manner whatsoever.
LIABILITY
Under no circumstances is RealUp or the original commercial real estate data suppliers liable for any of the following: third-party claims against you for losses or damages; loss of, or damage to, your records or data; or economic consequential damages (including lost profits or savings) or incidental damages, even if we are informed of their possibility.
INDEMIFICATION
Users shall indemnify and hold harmless RealUp and its affiliates and partners from and against any and all claims, losses, damages, costs, and expenses of any kind arising from use of the site, including claims for damages arising from gross negligence or willful misconduct by RealUp or its employees or agents.
LIMITATIONS
RealUp shall not be liable to any user for indirect, special, incidental, exemplary or consequential damages including, without limitation, lost profits related to this agreement or resulting from use or inability to use website content or services, arising from any cause of action whatsoever, including contract, warranty, strict liability, or negligence, even if RealUp has been notified of the possibility of such damages. Under no circumstances shall the liability of RealUp to user exceed the amounts paid by the user to RealUp.
DISCLAIMER
REALUP DOES NOT ATTEMPT TO INDEPENDENTLY VERIFY THE COMPLETENESS, ACCURACY OR AUTHENTICITY OF THE WEBSITE INFORMATION. THE WEBSITE INFORMATION MAY BE SUBJECT TO TRANSCRIPTION AND TRANSMISSION ERRORS. ACCORDINGLY, THE WEBSITE AND ALL OTHER PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED. REALUP HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEBSITE AND ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
RESPONSIBILITY
User assumes sole responsibility for all use of the site including the liability and responsibility for any and all claims, demands, losses, damages, liabilities, costs, charges and expenses, including reasonable attorney’s fees, arising out of the use of the Website, and its employees, associates or customers use thereof, and indemnifies RealUp and its suppliers or licensors with respect thereto. Any use of the site by the user or its employees, associates or customers pursuant to this agreement, shall be at their own risk.
LIMITATION OF LIABILITY
Neither RealUp nor any of its suppliers or licensors shall be liable for any damages, losses or claims, including without limitation, any consequential, incidental, special, or exemplary damages which may arise, whether now or in the future, with regard to, but not limited to, the accuracy, authenticity, completeness, continuity, or functionality of the site or information which RealUp may collect, report, compile, publish or disseminate, regardless of form, whether that liability, damage, loss or claim arises from any act or omission of RealUp or any supplier or licensor of data or information to RealUp, including, without limitation, their respective ordinary or gross negligence.
Any reliance upon the website by users and its employees, associates or customers shall be at their own risk. Notwithstanding anything herein to the contrary, the maximum aggregate amount of money damages for which RealUp may be liable to users under this agreement, resulting from any cause whatsoever, shall be limited to the amounts actually paid by the user to RealUp under this Terms Of Use.
CONFIDENTIALITY
Lending Partner shall keep confidential all information disclosed by RealUp to the user in its performance of this agreement. All such information, including the terms of this agreement, shall remain the property of RealUp and shall not be disclosed to any third party without the prior written consent of RealUp. Users agree that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information with respect to the business of RealUp, which they have obtained.
UNSOLICITED CONTACT
RealUp prohibits the use of our site or its tools to create unsolicited commercial contact including email, faxes and phone calls. Customers may not use the and contact or email service that RealUp offers to send spam, offensive content, illegal activities or otherwise send content that would violate these Terms Of Use. RealUp has the right to remove the benefits of any individual or company that violates these terms.
MEMBERSHIPS
You must be logged in with your membership information to take advantage of member benefits. We currently track that you are signed in using cookies, so cookies must be enabled in your web browser.
Membership rights cannot be assigned, sublicensed, shared, distributed, viewed, accessed, or otherwise transferred to anyone other than the registered member without permission of RealUp. RealUp requires that each member maintain a valid email address and a password, in order to log into the RealUp site.
No employee, associate, independent contractor, owner, relative, agent, or affiliate of a competing real estate information service is permitted to access any part of the RealUp site including the Terms Of Use without express written permission from RealUp. Competing real estate listing companies may not view, access, operate, discuss, communicate, download, preview, investigate or otherwise use the website in any manner whatsoever. Any use of the site by any competing entity shall be construed as a gross violation of this agreement.
RealUp has the right to refuse service to any member, individual, organization, or firm as well as all people associated and/or affiliated with related organizations that refuses to abide by the Terms Of Use herein, refuses to abide by all additional policies as posted and displayed on the RealUp website, or abuses their benefits related to the RealUp service.
RealUp may terminate the memberships of any individual member or group of members who repeatedly and/or knowingly violates this agreement or any other agreement. Members also agree to maintain accurate and updated contact information, including a valid mailing address, phone number and email in order to maintain property listings on the RealUp website.
LISTINGS
Property listings that are not modified or renewed within a sixty (60) day period may be deactivated and may no longer viewable on RealUp. Users agree not to submit any property information, descriptions, photographs, financial, contact or other information contained in each property listing to RealUp unless the user has all rights and authorizations necessary, including from the photographer and/or copyright owner of any photographs, to publish and advertise the property on the user's website or on the RealUp site.
In particular, users will not submit photographs if the user has received the photograph from a third-party provider which does not allow posting of such photograph on the RealUp website. RealUp does not monitor listings in this manner and has no obligation to search for or remove listings that are alleged to have been submitted in violation of this provision, however, we reserve the right to do so in the future.
Additionally, the user agrees to allow submitted property listings, or any part therein, to be searched, displayed, downloaded, copied, accessed, printed and otherwise referred to by users of the RealUp site and other partner websites. RealUp shall have the sole authority to choose the manner in which any listing will be searched, accessed, printed, downloaded, displayed, copied, and otherwise used on the RealUp website and we shall have the right to modify the property listing at anytime.
All users represents and warrants that all properties and associated information provided will be accurate and up to date. Users also agree that they will not permit the posting of a property on the RealUp site under a name other than the agents that have been licensed by the property owner to market the property under the terms of a listing agreement with the owner. Users further agree to administer the listings provided and maintain their accuracy at all times.
RealUp reserves at our sole discretion the right to remove all or any part of the listings created on the RealUp website for any reason whatsoever. RealUp accepts no responsibility or obligation for checking the accuracy of reports, information or data files submitted by users. RealUp will attempt to take all reasonable efforts for data backup and security, however, the user will remain solely responsible for retaining backup copies of all information, photographs, documentation and other materials it provides.
RealUp may add hidden digital watermarks to certain parts of your property listing, including photographs in order to track all usage. We add these secret digital watermarks to protect against the copying or further distribution of your photographs and documents without your permission and to monitor the behavior of illicit competition.
REFUND POLICY
All products are provided as is and no purchases will be refunded once you have completed an order. We do not guarantee coverage of any particular location and we do not guarantee any purchased information. Commercial real estate information quality and availability may vary depending on the location.
PAYMENT TERMS
All users agree to pay for all products ordered through the RealUp site or with RealUp using any payment method indicated, and users provide RealUp express authorization to charge fees to the customer at time of purchase or renewal. Fees and payments owed will depend on the specific type and quantity of products, services, data, or information purchased. Payment of fees shall not be contingent on any events other than the purchase of ordered deliverables.
Any attorney fees, court costs, interest or other costs incurred in collection of delinquent amounts shall be paid for by customer. If billing payments are not current, RealUp may immediately cease to provide products and services to the customer. The fees paid are non-refundable, regardless of what is purchased and no partial refunds will be provided.
It is the responsibility of the user to promptly provide RealUp with any billing information updates including phone, email, and credit card information. Membership updates can be made online via the site once member has logged into RealUp. We do not necessarily validate all billing information required by the payment provider to secure payment.
Users must immediately notify RealUp about any billing problems or discrepancies within fifteen (15) days after charges first appear on their billing or account statement. If it is not brought to RealUp's attention within fifteen (15) days, then the customer agrees to waive their right to dispute charges or any other problems.
COPYRIGHT COMPLAINTS
If you believe that copyright protected data or information that you own has been mistakenly copied on RealUp in any way that may constitutes copyright infringement then please provide RealUp with written notice as soon as possilbe. Copyright management and enforcement is the sole responsibility of the copyright owner and RealUp will not be held liable for any copyright enforcement under any circumstance.
Please provide a description of the copyright protect data or information that you claim has been infringed upon, including the web address or URL of where the material is location on the RealUp site. Also provide all applicable contact information including address, telephone number, and e-mail address along with a statement by you that you have a good-faith belief that you are the owner of the disputed use and it is not authorized by the copyright owner, its agent, or the law.
SEVERABILITY
If any provision of this Terms Of Use agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the agreement shall be valid and enforceable to the maximum extent possible.
ASSIGNMENT
This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Users may assign this agreement without the prior written consent of the other party.
FORCE MAJEURE
RealUp shall not be responsible for delays or failures in performance resulting from acts beyond the control of such parties under any circumstances. Such acts shall include, but not be limited to, natural disasters, strikes, lock-outs, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes or other disasters.
GOVERNING LAW
This agreement and performance hereunder shall be governed by and construed according to the laws of the State of North Carolina, without regard to conflicts of laws provisions.
RELATIONSHIP
The parties are independent entities and nothing in this agreement shall be construed as creating an employer-employee relationship, agency, partnership, joint venture or any similar relationship between the parties.
EXPORT CONTROL
You agree and acknowledge that the information is subject to U.S. export control law, and you will comply with all applicable laws and regulations in your use of the information under this agreement, including without limitation all export laws and regulations of the U.S. government. Without limiting the foregoing, you expressly agree not to export or re-export the information in violation of such laws or regulations, or without all required licenses and authorizations.
INFORMATION
If you have any questions, comments or concerns regarding this Terms Of Use please contact us using the information below.
RealUp.com, LLC
5995 Chapel Hill Rd #109
Raleigh, NC 27607-5148 USA
Toll Free: 888-878-2975
Phone: 919-573-8725
Fax: 919-573-8729 |
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