User Agreement
Welcome to e-Realtor portal. InternetGates.com maintains this web portal (the "Portal") along with other portals in the InternetGates family of web portals ("Our Portals", "Us") as a service to its users ("you"). It is important to the use of our Portal that everyone who visits it complies with rules that we believe will make the visit more enjoyable. Therefore, by using this Portal, you are agreeing to comply with and be bound by all of the terms and conditions of use described in this User Agreement. Please read the following terms carefully. If you do not agree to all of these terms, you should not use or visit our Portals. ANY USE OR ACCESS OF THIS PORTAL BY YOU IS DEEMED AN UNCONDITIONAL ACCEPTANCE BY YOU OF ALL OF THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS PORTAL.
Acceptance of the Agreement
You agree to all of the terms and conditions outlined in this User Agreement ("Agreement") with respect to our Portal. This Agreement constitutes the entire and only agreement between Us and You as a user of our Portal and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Portal, the content, goods and services provided by or through the Portal, payment for such goods and services, and the subject matter of this Agreement. You agree to review and agree to the Terms of this Agreement prior to using this Portal. This Agreement may be amended at any time by Us without advance notice to You.
Legal Rights
The term "content" as used in this Agreement includes all text, graphics, information, data, databases and all other audible, visual, and downloadable material, as well as the selection, organization, coordination, compilation, digital conversion and other matters related to our Portal. All content is protected under applicable domestic and international copyright, trademark and other proprietary rights laws (including but not limited to intellectual property), as well as all applicable contract laws, whether such laws are now in existence or later come into existence. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only. The use, copying, distribution, downloading, transmission or publication by You of any content or any part of the Portal without the prior written permission of e-Realtor is strictly prohibited and will be prosecuted to the full extent of the law. You do not acquire ownership rights of any kind to any content. You agree to abide by all copyright notices, information, or restrictions contained in any content accessed through the Portal. If you violate any of these conditions, your permission to use our Portal immediately terminates without the necessity of any notice
Trademarks, Copyrights and Restrictions
e-Realtor name and domain name used on our Portal are trademarks of e-Realtor. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of e-Realtor.org. The brands, logos and other indicia of origin used for products and services offered on or through our Portal, are trademarks of e-Realtor portal or its suppliers and licensors. You agree that you will not copy, imitate or use any of these trademarks, in whole or in part, without the prior written permission of e-Realtor or the appropriate owner of these trademarks and service marks.
Limited Rights of Use
The permission granted by Us to You to view or download any Content is a limited, nonexclusive license for the viewing, downloading and use of Content solely by the You for your own personal non-commercial use and not for reproduction, republication, modification, distribution, publication, display, transmission, assignment, sublicense, sale, preparation of derivative works or other use. All other rights are reserved by Us and are not part of the license to You.
You further agree that you will not alter, delete or otherwise tamper with any Copyright Management Information contained or associated with any Content of our Portal, or use, frame or utilize framing techniques to enclose or pop-up any e-Realtor content, trademarks, service marks or logos without our express written consent, or use any meta tags or any other "hidden text" utilizing any Content, trademarks, service marks or logos without our express written consent.
You agree that any violation of this Section by You will cause Us immediate and irreparable harm for which We shall be entitled automatically for temporary and permanent injunctive relief, in addition to all other available legal and equitable remedies.
Linking License
This Portal may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under e-Realtor.org control, and e-Realtor.org is not responsible for, and does not endorse, such content, whether or not e-Realtor.org is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Portal or provide any links that state or imply any sponsorship or endorsement of your web site by e-Realtor.org
You are granted a limited, nonexclusive right to create a hyperlink to this Portal. The provided link does not portray Us or any of our or our vendors' names, products or services in a false, misleading, derogatory or otherwise defamatory manner. You may not use e-Realtor logo or other proprietary graphic of e-Realtor to link to this Portal without the express written permission of e-Realtor. This limited right may be revoked at any time. You agree that any violation of this Section by You will cause Us immediate and irreparable harm for which We shall be entitled automatically for temporary and permanent injunctive relief, in addition to all other available legal and equitable remedies.
Use of Forums
We may make available for Your use interactive Forums and Community which permit You to post, download or upload information or material for discussion purposes. You agree that you shall not upload to, or distribute or otherwise publish on the Forums or anywhere else on any of our Portals any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material, including any material that violates any intellectual property laws. You shall not, without Our express approval, distribute or otherwise publish or transmit any material containing any solicitation of funds, advertising or solicitation for goods or services on any Forum. You are solely responsible for the content of Your messages. However, while We do not and cannot review every message posted by You on the Forums and We are not responsible for the content of your messages, We reserve the right to delete, move, or edit messages that we believe in Our sole discretion are abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. You acknowledge that any submissions made by You to the Portal may be edited, removed, modified, published, transmitted, and displayed by Us, and You hereby waive any moral rights, publicity rights or other rights you may have in having the material used, altered or changed in a manner not agreeable to you. All Forums are intended as publicly available media, and You therefore should not have any expectation of privacy in connection with the posting or use of such Forums, or any messages posted on the Forums.
Changes to the Portal
We reserve the right in Our sole discretion to edit or delete any documents, information or other Content without advance notice to You. We also may change, suspend or discontinue any aspect of the Portal, including any service of the Portal, at any time and without advance notice, including the availability of any service feature, database, or Content of our Portal. We also may also impose limits on certain features and services or restrict Your access to parts or all of the Portal without notice to You or liability to Us.
Indemnification
By using the Portal, You represent, warrant and covenant that no materials of any kind submitted by or through You will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libellous or otherwise unlawful material; and that you will not engage on our Portal in any other prohibited activity identified in this Agreement. We reserve the right in Our sole discretion to immediately terminate Your use of our Portal. You agree to indemnify, defend, and hold harmless e-Realtor.org, its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.
Security
We offer all visitors of the Portal to register with us so that we may know certain information about You (Please see our Privacy Policy) as well as to provide you with extended access to Our services and solutions. As part of the registration process, You may be asked to select or You may be given a password and/or a subscriber ID. You also may be required to give us certain registration information, all of which must be accurate and updated. In such situations, You may not select or use a password or subscriber ID of another person with the intent to impersonate that person; use a password or subscriber ID in which another person has rights without such person's authorization; or use a password or subscriber ID that We, in Our sole discretion, deem offensive. Because security is such an important issue, any failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of Your account; and You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of e-Realtor. The Security System of our Portal will be guarding any unauthorized, fraudulent, abusive and otherwise illegal activity and any attempts to commit it. You agree to promptly notify Us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password, subscriber ID or credit card information. You are responsible for all usage of the Portal under Your password or subscriber ID, including use of the account by any third party authorized by you to use your subscriber ID or password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Our sole discretion, and We may refer you to appropriate law enforcement agencies.
Non-transferable Rights
Your rights to use the Portal, Your password and Your subscriber ID are not transferable. Any password, subscriber ID or right given to You for use of Portal Content or any service provided on the Portal cannot be transferred to any person or entity. Any attempted transfer by You shall be null and void, and may be grounds for the termination of all of Your rights to access and use the Portal.
Terms of Payment
We may offer the use of certain Portal services or Portal Content on a pre-paid fee basis, and/or we may offer products for your purchase from us directly rather than through the third parties. All fees charges by us are in U.S. Dollars unless stated otherwise. All fees are payable on VISA, MasterCard, American Express, Discover, or Diners Club credit cards, and are subject to the terms and conditions of each of the respective credit card services, in addition to all of Our payment terms and conditions. All fees are non-refundable. You are responsible for paying all taxes, shipping and handling and all other applicable fees and costs relating to the requested Portal Content or Portal services or products, which fees and costs will be immediately charged to your credit card. We reserve the right to change or modify the terms and conditions regarding fee-paid services and Portal Content without advance notice to You, except as to purchases made prior to the change or modification. Changes to the terms and conditions will be posted on the Portal as part of a modified Agreement.
Illegal Activity
Compliance with Laws and Fraud. The Portal and Portal services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Portal and its services, including in regard to purchasing Content, products and services. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate or use the password or subscriber ID of, or use the credit card any other authorized User. Fraudulent conduct may be reported to law enforcement, and We will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Investigation and Disclosure of Information. We have the right, but are not obligated, to monitor any activity and content associated with this Portal. We may investigate any reported violation of Our policies or complaints and take any action that We deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any Content on the Portal, and reserves the right and has absolute discretion, to remove, screen or edit any Portal Content that violates these provisions or is otherwise objectionable. We also reserve the right to report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, and to protect Our systems, business and users, We may access and disclose for such purposes any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
Disclaimers and Limitations of Liability
ALL CONTENT AND SERVICES ON THIS PORTAL ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, e-Realtor.org DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER e-Realtor.org, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS PORTAL WARRANT THAT THE FUNCTIONS CONTAINED IN THIS PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT AND SERVICES THAT YOU ACCESS ON THIS PORTAL ARE PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. e-Realtor.org DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS PORTAL, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS PORTAL.
YOU EXPRESSLY AGREE THAT USE OF THIS PORTAL IS AT YOUR SOLE RISK. YOU (AND NOT e-Realtor.org) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER e-Realtor.org, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS PORTAL, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS PORTAL OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, e-Realtor.org AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS PORTAL. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CBREC IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, e-Realtor.org LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Termination
We may terminate or suspend your access to or use of all or part of the Portal at any time for any reason, with or without cause. You are responsible for all charges incurred up to the time the account is deactivated.
Miscellaneous
The provisions and conditions of this User Agreement, and each obligation referenced herein, represent the entire Agreement between e-Realtor.org, its affiliated or related entities, and You, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between this Agreement and any future published terms of the Agreement or understanding, the last published conditions of use or understanding shall prevail.