CONDITIONS OF USE
to RealtyeZine.com. RealtyeZine.com and its affiliates provide their services
to you subject to the following conditions. If you visit or subscribe to
RealtyeZine.com, you accept these conditions. Please read them carefully.
In addition, when you use any current or future RealtyeZine.com service, you
also will be subject to the guidelines and conditions applicable to such
service or business. You understand and agree that the Realty eZine is provided
"AS-IS" and that RealtyeZine.com assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user communications,
content or personalization settings.
you visit RealtyeZine.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail, telephone or by posting notices on this
site. You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such
communications be in writing.
YOUR REGISTRATION OBLIGATIONS
consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself and your eZine’s
readers as prompted by the Service's registration form (such information being
the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or RealtyeZine.com has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete,
RealtyeZine.com has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of RealtyeZine.com or its content suppliers and protected by United States
and international copyright laws. The compilation of all content on this site
is the exclusive property of RealtyeZine.com and protected by U.S. and
international copyright laws. All software used on this site is the property of
RealtyeZine.com or its software suppliers and protected by United States
and international copyright laws.
THE SMARTER HOMEOWNERS OF TODAY AND TOMORROW; and other marks indicated on our
site are registered trademarks of Realtyezine.com or its affiliates, in the United States
and other countries. RealtyeZine.com graphics, logos, page headers, button
icons, scripts, and service names are trademarks or trade dress of
RealtyeZine.com or its affiliates. RealtyeZine.com's trademarks and trade dress
may not be used in connection with any product or service that is not RealtyeZine.com's,
in any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits RealtyeZine.com. All other trademarks not
owned by RealtyeZine.com or its affiliates that appear on this site are the
property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by RealtyeZine.com or its subsidiaries.
LICENSE AND SITE ACCESS
grants you a limited license to access and make personal use of this site and
not to download (other than page caching) or modify it, or any portion of it,
except with express written consent of RealtyeZine.com. This license does not
include any resale or commercial use of this site or its contents; any
collection and use of any eZine articles; any derivative use of this site or
its contents; any downloading or copying of eZines for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of RealtyeZine.com. You may
not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
RealtyeZine.com and our affiliates without express written consent. You may not
use any meta tags or any other "hidden text" utilizing RealtyeZine.com's
name or trademarks without the express written consent of RealtyeZine.com. Any
unauthorized use terminates the permission or license granted by
RealtyeZine.com. You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of RealtyeZine.com so long as the link
does not portray RealtyeZine.com, its affiliates, or their products or services
in a false, misleading, derogatory, or otherwise offensive matter. You may not
use any RealtyeZine.com logo or other proprietary graphic or trademark as part
of the link without express written permission.
you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. RealtyeZine.com does not sell products for children. If you are
under 18, you may use RealtyeZine.com only with involvement of a parent or
guardian. RealtyeZine.com and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their
may post testimonials and feedback and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or other
content. RealtyeZine.com reserves the right (but not the obligation) to post or
edit such content.
you do submit feedback or testimonials, you grant RealtyeZine.com and its
affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world in any
media. You grant RealtyeZine.com and its affiliates and sublicensees the right
to use the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control all of the
rights to the content that you post; that the content is accurate; that use of
the content you supply does not violate this policy and will not cause injury
to any person or entity; and that you will indemnify RealtyeZine.com or its
affiliates for all claims resulting from content you supply. RealtyeZine.com
has the right but not the obligation to monitor and edit or remove any activity
or content. RealtyeZine.com takes no responsibility and assumes no liability
for any content posted by you or any third party.
and its affiliates respect the intellectual property of others. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please send written correspondence to: Realty eZine Legal
Department, c/o City Pulse Communications, 5868 Westheimer Box 474, Houston, TX
Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because RealtyeZine.com has no control over such sites
and resources, you acknowledge and agree that RealtyeZine.com is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that RealtyeZine.com shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource.
MODIFICATIONS TO SERVICE
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that RealtyeZine.com shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
agree that RealtyeZine.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if RealtyeZine.com believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
RealtyeZine.com may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that
RealtyeZine.com may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that RealtyeZine.com shall not be
liable to you or any third-party for any termination of your access to the
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
SITE IS PROVIDED BY REALTYEZINE.COM ON AN "AS IS" AND "AS
AVAILABLE" BASIS. REALTYEZINE.COM MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REALTYEZINE.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
REALTYEZINE.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT
FROM REALTYEZINE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
REALTYEZINE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
visiting RealtyeZine.com, you agree that the laws of the state of Texas, without
regard to principles of conflict of laws, will govern these Conditions of Use
and any dispute of any sort that might arise between you and RealtyeZine.com or
dispute relating in any way to your visit to RealtyeZine.com or to products you
purchase through RealtyeZine.com shall be submitted to confidential arbitration
in Houston, Texas, except that, to the extent you have in any manner violated
or threatened to violate RealtyeZine.com's intellectual property rights,
RealtyeZine.com may seek injunctive or other appropriate relief in any state or
federal court in the state of Texas, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
MODIFICATION, AND SEVERABILITY
reserve the right to make changes to our site, policies, and these Terms of
Service at any time. If any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity and enforceability of any remaining condition.