TERMS OF SERVICE
Welcome to RealAsell.com!
We have developed these Terms of Service to govern your use of www.RealAsell.com. Your use of our site tells us you have read and agreed to these Terms of Service and to our Privacy Policy. Please read both these documents carefully. If you do not agree with any of these terms, please exit RealAsell.com. “You” refers to all users of RealAsell.com. “Sellers” refers to users who list their properties on RealAsell.com. The words “we,” “us,” and “our” refer to RealAsell.com, and the owner and operator of this Web site. “Web Site” refers to www.RealAsell.com. By using this Web Site, you agree that RealAsell.com may terminate your user access to the Services, your Membership (including membership ID and password), and your Account (including listing number and password), and remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms. These Terms apply to all users of this Web Site. If you purchase a product or service from RealAsell.com, you must also comply with the Terms and Conditions for Purchases. If you who purchase a product or service, the Terms and Conditions for Purchases shall control in the event of a conflict with these Terms of Service.
Purpose of Web Site: Restrictions on Use. The purpose of this Web Site is solely to assist homeowners in selling their own homes. We consider such use of the Web Site to be a personal use, in contrast to a commercial use. We define “commercial use” to mean use for the purpose of advancing business interests. You may not use this Web Site or its Content for any commercial purpose whatsoever, including without limitation as a lead generation source for your business. This means that you may not use this Web Site to do any of the following: collect, harvest or store personal data about other users including email addresses, or contact Sellers for any purpose other than responding to the content posted by such Sellers.
Copyright; Restrictions on Use. All information, content, services and software displayed on, transmitted through, or used in connection with this Web Site, including for example home listings, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by RealAsell.com, and its affiliated companies, licensors (including you) and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to RealAsell.com, you may do so provided you agree to cease such link upon request from RealAsell.com. No other use is permitted without prior written permission of RealAsell.com. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without express, written permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through RealAsell.com, not to insert any code or product or manipulate the Content of RealAsell.com in any way that affects the user's experience, and not to use any data mining, robots, data gathering or extraction method in connection with the Web Site. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to info@realasell.com
Membership and Registration. If you register as a RealAsell.com Member, you accept responsibility for all activities that occur under your ID and password, and agree not to sell, transfer or assign your Membership or any Membership rights. You are responsible for maintaining the confidentiality of your ID and password. If you believe someone has accessed RealAsell.com using your ID and password without your authorization, e-mail us immediately at info@realasell.com
Because RealAsell.com uses e-mail to provide certain notifications and services to Members, all RealAsell.com Members must consent to receive e-mail from RealAsell.com. RealAsell.com Members will also be required to consent to receive e-mails from third parties if the Member requests information or a service that requires services from a third parties.
User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, RealAsell.com , including for example communication during registration, communication on any RealAsell.com bulletin board, message or chat area, posting any listing or other content (including without limitation written, graphical or video content), placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (3) the content will not cause injury to any person or entity; and (4) if you post a property listing that you are the owner of the property and have all necessary rights, title, and interests in such property to list the property for sale. Using a name other than your own legal name is prohibited (except in those specific areas of RealAsell.com that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).For all such information and material, you grant RealAsell.com, its affiliates and related entities, as well as all third-party affiliates and partners of RealAsell.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information and material, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information and material across all RealAsell.com affiliated Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant RealAsell.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. Please note RealAsell.com does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to RealAsell.com. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against RealAsell.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Transactions on Our Web Site. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. RealAsell.com cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree RealAsell.com is not responsible for such errors or discrepancies.
Specifics about Interactive Areas and Posting Rules. RealAsell.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. We reserve the right to remove any Content posted on our site at any time for any reason. Decisions as to whether content, including email messages to Sellers, violates any Posting Rule will be made by RealAsell.com in its discretion after we have actual notice of such posting. All communications on the Web Site are logged and any user who sends any solicitation or fraudulent message to Sellers may have their IP address or email address blocked, or their Membership ID and password, and listings ID and password cancelled. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using RealAsell.com, you agree not to post material that:
· contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
· is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
· violates any right of RealAsell.com or any third party;
· discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
· violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
· unfairly interferes with any third party's uninterrupted use of RealAsell.com;
· advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
· uploads copyrighted or other proprietary material of any kind on RealAsell.com without the express permission of the owner of that material;
· uses or attempts to use another's ID, password, service or system except as expressly permitted by the Terms of Service;
· uploads or transmits viruses or other harmful, disruptive or destructive code or files;
· disrupts, interferes with, or otherwise harms or violates the security of RealAsell.com, or any services, system resources, IDs, passwords, servers or networks connected to or accessible through RealAsell.com or affiliated or linked sites;
· misrepresents your affiliation with a person or entity, including impersonating any other person or entity; and "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Communications with Third Parties through RealAsell.com and Links to Third-Party Web Sites. Your dealings or communications through RealAsell.com with any party other than RealAsell.com are solely between you and that third party. For example, certain areas of RealAsell.com may allow you to conduct transactions with third parties or purchase goods or services from third parties. Under no circumstances will RealAsell.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
During your visit to RealAsell.com you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. RealAsell.com is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
General Disclaimer and Limitations of Liability. While RealAsell.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. RealAsell.com does not represent or warrant that use of any Content will not infringe rights of third parties. RealAsell.com has no responsibility for actions of third parties or for Content provided or posted by others.
USE OF IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity.YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, , ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF ; (2) 'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ID, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
International Users. RealAsell.com is controlled, operated and administered by RealAsell.com from its offices within the United States. RealAsell.com makes no representation that materials or Content available through RealAsell.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use RealAsell.com or export the Content in violation of U.S. export laws and regulations. If you access RealAsell.com from a location outside the United States, you are responsible for compliance with all applicable laws.
Miscellaneous. RealAsell.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of RealAsell.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use.
RealAsell.com may modify, suspend, discontinue or restrict the use of any portion of RealAsell.com, including the availability of any portion of the Content at any time, without notice or liability. RealAsell.com may deny access to any person or user at any time for any reason. In addition, RealAsell.com may at any time transfer rights and obligations under this Agreement to any ReaAsell.com affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires RealAsell.com or any of their assets.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to RealAsell.com must be filed in a federal or state court located in Florida, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of RealAsell.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to RealAsell.com, and all other provisions for which survival is equitable or appropriate.
Additional Terms and Conditions apply to purchases of products and/or services offered by RealAsell.com
In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy, these Terms of Service and Privacy Policy shall control.
Contact Us. To contact RealAsell.com, please use the following:
RealAsell.com
info@realasell.com
|