By using the RealEstateFields.com Products and Services, you agree,
without limitation or qualification, to be bound by, and to comply with,
these Terms and Conditions and any other posted guidelines or rules
applicable to any individual RealEstateFields.com web site or Affiliate
web site.
1. Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that RealEstateFields.com may terminate access to the RealEstateFields.com Database & Content Management System should you fail to comply with the Terms and Conditions or any other guidelines and rules published by RealEstateFields.com. Any such termination shall be in RealEstateFields.com' sole discretion and may occur without prior notice, or any notice, however RealEstateFields.com will attempt, within reason to provide 30 days written notice of such termination actions. RealEstateFields.com further reserves the right to terminate any user's access to the RealEstateFields.com or to any of the Products and Services for any conduct that RealEstateFields.com, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to RealEstateFields.com or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations.
2. Registration and Privacy-- Certain of the Products and Services will require the user to log-in, register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information you provide about yourself is true, accurate, current, and complete and (b) you will maintain and promptly update the data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RealEstateFields.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RealEstateFields.com has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
3. Upon registering, you will receive a password and RealEstateFields.com ID and password. You are responsible for maintaining the confidentiality of the ID and password, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify RealEstateFields.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RealEstateFields.com cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
4. You acknowledge and agree that all information, code, data, text, content, photographs, images, videos, software, graphics, video, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RealEstateFields.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. RealEstateFields.com does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, under no circumstances will RealEstateFields.com be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, RealEstateFields.com does not pre-screen user or third party Content posted on the RealEstateFields.com Affiliate site, although RealEstateFields.com reserves the right to do so. RealEstateFields.com does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. RealEstateFields.com reserves the right to monitor some, all, or no areas of the RealEstateFields.com Affiliate site for adherence to these Terms and Conditions or any other rules or guidelines posted by RealEstateFields.com.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. The intended purpose of the RealEstateFields.com database and content management system is to maintain, publish and produce web site content to market real estate listings on the world wide web.
5. Prohibited Conduct -- You agree that you will not use RealEstateFields.com, its Affiliate site, Network, Products and/or Services to:
a. Upload, post, email, otherwise transmit, or post links to any Content,
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy
or publicity rights, hateful, or racially, sexually, ethnically or otherwise
objectionable; including without limitation the provision of instructions
for illegal activity.
b. Impersonate any person or entity, including, but not limited to,
a RealEstateFields.com agent, official, employee, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person
or entity.
c. Employ misleading email addresses or falsify information in the header,
footer, return path, or any part of any communication, including emails,
transmitted through the Products and Services.
d. Upload, post, email, otherwise transmit, or post links to any Content
that you do not have a right to transmit under any law or regulation
or under contractual or fiduciary relationships; Upload, post, email,
otherwise transmit, or post links to any Content that infringes any
patent, trademark, service mark, trade secret, copyright or other proprietary
rights ("Rights") of any party, or contributing to inducing
or facilitating such infringement. Making available copyrighted software
or other Content that has had the copyright protection removed.
e. Making available any files, images, or real estate properties or
listings for which the user does not own the copyright or have the legal
right to make available.
f. Upload, post, email, otherwise transmit, or post links to any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation.
g. Upload, post, email, otherwise transmit, or post links to any material
that contains software viruses, worms, trojan horses, time bombs, trap
doors or any other computer code, files or programs or repetitive requests
for information designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment
or to diminish the quality of, interfere with the performance of, or
impair the functionality of the Products and Services or the RealEstateFields.com
Network.
h. Interfere with or disrupt the Products and Services or servers or
networks connected to the Products and Services, or disobey any requirements,
procedures, policies or regulations of networks connected to the Products
and Services.
i. Disobey any RealEstateFields.com employee or representative or interfere
with any action by any RealEstateFields.com employee or representative
to redress any violation of these Terms and Conditions.
j. Access the Products and Services after your account or access has
been terminated by RealEstateFields.com.
k. Decompile, disassemble, modify, translate, adapt, reverse engineer,
create derivative works from, or sublicense any software deployed in
connection with the Products and Services.
l. Advertise, offer for sale, or sell any item you are prohibited from
advertising or selling by any applicable local, state, national, or
international law, including regulations having the force of law.
m. Upload, post, email, otherwise transmit, or post links to any material,
or act in any manner that is offensive to the RealEstateFields.com community
or the spirit of these Terms and Conditions.
n. Advertise, offer for sale, or sell any of the following items:
Any firearms, explosives, or weapons; Any food that is not packaged
or does not comply with all laws governing the sale of food to consumers
by commercial merchants; Any alcoholic beverages; Any tobacco products
for human consumption, including, without limitation, cigarettes and
cigars; Any controlled substances or pharmaceutical; Any items that
are counterfeit or stolen. Any items that are indecent or obscene, that
are hateful or racially, sexually, ethnically or otherwise objectionable,
that contain child pornography, that are otherwise pornographic in nature,
or are harmful to minors; Any dangerous items; Any goods or services
that do not, in fact, exist; Any registered or unregistered securities;
Any items that violate or infringe the rights of other parties; Any
items that you do not have the legal right to sell; Any items where
paying RealEstateFields.com any of the required transactional or listing
fees would cause RealEstateFields.com to violate any law.
6. License To User Content - The products and services are provided "as is" with no warranties whatsoever. All expressed, implied and statutory warranties are expressly disclaimed to the fullest extent permitted by law. RealEstateFields.com disclaims any warranties for the security, accuracy, content, completeness, legality, operability, reliability, timeliness and performance of the Products and Services. RealEstateFields.com further disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
Under no circumstances shall RealEstateFields.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, electrical power failures, other equipment failures, strikes, labor disputes, shortages of labor or materials, floods, fires, riots, acts of god, war, or governmental actions.
By using the RealEstateFields.com Network web sites you agree to indemnify RealEstateFields.com, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the RealEstateFields.com Affiliate web sites, your use of the Products and Services, or your submission of ideas, content, photos, videos and/or related materials to RealEstateFields.com or from any person's use of any account or password you maintain with any portion of RealEstateFields.com and/or its Affiliate site, regardless of whether such use is authorized by you. By using RealEstateFields.com, its Products and Services, or by submitting any ideas and/or related materials to RealEstateFields.com, you are hereby agreeing to release RealEstateFields.com and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to RealEstateFields.com.
7. No Resale, Assignment, or Sublicensing -- You agree not permitted to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of RealEstateFields.com.
8. Successors and Assigns -- Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
9. Termination: Survival -- These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by RealEstateFields.com. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
You acknowledge and agree that RealEstateFields.com and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of RealEstateFields.com.
RealEstateFields.com also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a RealEstateFields.com Affiliate site may be terminated or suspended if a user fails to sign-in to the RealEstateFields.com Affiliate site for an extended period of time. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.
10. Terms & Conditions -- The RealEstateFields.com Network reserves
the right to modify the Products and Services from time to time, for
any reason, and without notice, including the right to terminate the
Products and Services. The RealEstateFields.com Network reserves the
right to modify these Terms and Conditions from time to time, without
notice. Please review these Terms and Conditions from time to time so
you will be apprised of any changes.