|
R&R Realty Terms and Conditions
|
WEBSITE TERMS OF SERVICE
BY ENTERING THE R&R REALTY GROUP ("R&R") SITE YOU ACKNOWLEDGE
AND AGREE THAT THIS SITE IS INTENDED FOR VIEWING WITHIN THE UNITED STATES
ONLY AND WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW.
IF YOU USE THIS SITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE
WITH ANY AND ALL APPLICABLE LOCAL LAWS. R&R MAKES NO REPRESENTATIONS THAT
THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE
THE UNITED STATES.ANY AND ALL INFORMATION CONTAINED HEREIN, INCLUDING BUT
NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO
THOSE PROVIDED OR OFFERED WITHIN THE UNITED STATES.
Copyright 2004 R&R REALTY GROUP, Ltd. All Rights Reserved.
All pages within this Internet site ("Site") are the property of
R&R. No portion of the materials on these pages may be reprinted or republished
in any form without the express written permission of R&R. To report any
alleged copyright or infringements in connection with this Site, please notify
Ryan Wiederstein, 1225 Jordan Creek Parkway, Suite 200, West Des Moines, Iowa
50266.
THIS SITE, INCLUDING ANY CONTENT AND INFORMATION CONTAINED WITHIN IT, ANY
SITE-RELATED SERVICE, AND ANY PRODUCT OR SERVICE PURCHASED OR MADE AVAILABLE
THROUGH THE SITE, IS PROVIDED "AS IS" WITHOUT REPRESENTATIONS AND
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
OR NONINFRINGEMENT.
WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR SERVICES DESCRIBED OR MADE AVAILABLE
IN CONNECTION WITH THE SITE, YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED
IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS OR SERVICES IS PROVIDED SOLELY
BY THE THIRD PARTY PROVIDER OF SUCH PRODUCTS OR SERVICES, AND NOT BY R&R,
ITS OWNERS, SPONSORS, SITE DEVELOPERS OR AGENTS.
R&R DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY WEB SITE
THAT YOU MAY BE ABLE TO ACCESS THROUGH THIS SITE; YOU UNDERSTAND THAT R&R
HAS NO CONTROL OVER THE CONTENT OF SUCH R&R SITES. YOU ALSO ACKNOWLEDGE
THAT YOUR ACCESS TO AND/OR USE OF THE SITE AND/OR RELATED PRODUCTS OR SERVICES
MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THIS SITE, ANY OTHER SITES ACCESSIBLE THROUGH THIS
SITE, AND ANY SITE-RELATED PRODUCTS OR SERVICES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED PRODUCTS
OR SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO
STOP USING THE SITE AND/OR THOSE PRODUCTS OR SERVICES. R&R, ITS OWNERS,
AND ANY AND ALL OF ITS ASSOCIATES, AFFILIATES, SITE DEVELOPERS, AGENTS, THIRD
PARTY SUPPLIERS AND LICENSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING
OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED PRODUCTS, SERVICES
AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE OR LINKED TO OR FROM
THE SITE.
A possibility exists that the Site could include inaccuracies or errors and
that unauthorized additions, deletions and alterations could be made to the
Site by third parties. Although R&R attempts to ensure the integrity of
the Site, it makes no guarantees whatsoever as to the completeness, correctness
or accuracy of the Site. In the event that such an inaccuracy arises, please
inform R&R so that it can be corrected. In many instances, the content
available through the Site represents the opinions and judgments of the respective
information provider or Site user, or other user not under contract with R&R.
R&R neither endorses nor is responsible for the accuracy or reliability
of any opinion, advice or statement made on the Site by anyone other than
authorized R&R employee spokespersons while acting in their official capacities.
Under no circumstances will R&R be liable for any loss or damage caused
by your reliance on information obtained through the Site. It is your responsibility
to evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through the Site. You acknowledge that R&R
is not liable for the defamatory, offensive or illegal conduct of other users
or third-parties, and that the risk of injury from the foregoing rests entirely
with you.
This Site may contain links to other Web sites operated by third parties ("Linked
Sites"). You acknowledge that R&R does not endorse the Linked Sites
and is not responsible for any content that appears on the Linked Sites. You
also acknowledge that the respective owners of the Linked Sites may neither
endorse nor be affiliated with R&R.
While using the Site or Site-related services, you agree not to: Restrict
or inhibit any other user from using and enjoying the Site and services; post
or transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory,
obscene or otherwise objectionable or harmful information or materials, or
any information or materials that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil liability, or otherwise
violate any law; without R&R's prior written approval, post or transmit
any advertising, promotion or solicitation of goods or services for commercial
purposes (including, without limitation, the solicitation of users of the
Site to become users of other online services competitive with R&R); post
or transmit any information or software that contains a virus, worm, trojan
horse or other harmful or disruptive component; Post or transmit materials
in violation of another party's copyright or other intellectual property rights
(you acknowledge that the burden of determining whether any material posted
or transmitted to the Site by you is protected by a third party's copyright
rests solely with you); Use the Site for any commercial or unlawful purposes;
or modify, adapt, sublicense, translate, sell, reverse engineer, decompile
or disassemble any portion of the Site.
R&R has no obligation to monitor the Site or Site-related services. However,
you acknowledge and agree that R&R has the right to monitor the Site and
Site related services, including without limitation chat rooms and forums,
and to disclose to any third party any information in order to operate the
Site properly, to protect itself and its customers and to comply with legal
obligations or governmental requests. R&R reserves the right to refuse
to post or to remove any information or materials, in whole or in part, that
are unacceptable, offensive or in violation of this Agreement. R&R also
reserves the right to immediately terminate any individual's use of the Site
and/or such user's password(s) or account(s) in the event of any conduct by
such user which R&R, in its sole discretion, considers to be unacceptable,
or in the event of any breach by such user of this Agreement. Such termination
may occur without notice to the user.
You agree to indemnify, defend and hold harmless R&R from and against
any and all claims, damages, costs or other expenses that arise directly or
indirectly out of or from (a) your breach of this Agreement, (b) your violation
of these Terms and Conditions and/or (c) your activities in connection with
the Site or Site-related services.
You acknowledge and agree that, by submitting any text, images, data, or other
materials ("Content") to R&R, you grant to R&R a royalty-free,
perpetual, irrevocable, non-exclusive, worldwide right and license to link
to, use, reproduce, transmit, modify, adapt, publish, display, distribute,
translate, and sublicense such material (in whole or in part) and/or to incorporate
it in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material.
Further, by submitting Content to R&R you acknowledge that you have the
authority to grant such rights to R&R. The foregoing provisions regarding
Content are for the benefit of R&R, its subsidiaries, and its third party
content providers and licensors, and each shall have the right to assert and
enforce those provisions directly or on its own behalf.
Use of any password-protected area of the Site is restricted to the individual
who has been given permission and a password to enter such area (the "Authorized
Party"). The password cannot be distributed to others, and the Authorized
Party is responsible for any and all damages to R&R resulting from the
distribution of his or her password. If more than one individual wishes to
use a single password belonging to an Authorized Party, such Authorized Party
must request permission from R&R in writing, it being understood that
R&R shall be under no obligation to approve any such request.
Any comments or materials sent to R&R, including but not limited to feedback
data, comments and suggestions ("Feedback"), shall be deemed to
be non-confidential. R&R shall have no obligation of any kind with respect
to such Feedback and shall be free to reproduce, use, disclose, exhibit, display,
transform, create derivative works and distribute the Feedback to others without
limitation. Further, R&R shall be free to use any ideas, concepts, know-how
or techniques contained in such Feedback for any purpose whatsoever, including
but not limited to developing, manufacturing and marketing products and/or
services incorporating such Feedback.
R&R shall have the right at any time to (a) change the terms of this Agreement,
(b) change the Site, including eliminating or discontinuing any content or
feature of the Site, restricting the hours of availability, or limiting the
amount of use permitted, or (c) change any fees or charges for use of the
Site, including instituting new or increased fees or charges for the use of
the Site or any other Site-related services or any feature thereof. Such changes,
modifications, additions, or deletions shall be effective immediately upon
notice thereof, which may be given by means including, but not limited to,
posting on the Site, or by electronic mail, or by conventional mail. Your
use of the Site after such notice shall be deemed to constitute your acceptance
of such changes, modifications, additions, or deletions. You are expected
to review this Agreement periodically to ensure familiarity with the most
current version.
This Agreement is entered into in the State of Iowa and shall be governed
by and construed in accordance with the laws of the State of Iowa, exclusive
of its choice of law rules. Each party to this Agreement submits to the exclusive
jurisdiction of the state and federal courts sitting in the Southern District
of Iowa, and waives any jurisdictional, venue or inconvenient forum objections
to such courts. In any action to enforce this Agreement, the prevailing party
will be entitled to costs and attorneys' fees. In the event that any of the
provisions of this Agreement are held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions shall be limited or eliminated
to the minimum extent necessary so that this Agreement shall otherwise remain
in full force and effect and enforceable.
This Agreement constitutes the entire agreement between the parties hereto
pertaining to the subject matter hereof, and any and all prior or contemporaneous
written or oral agreements existing between the parties hereto are expressly
canceled. No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption, or paragraph title contained in this Agreement is inserted
only as a matter of convenience and in no way defines or explains any paragraph
or provision hereof. |
| |
|
|