TERMS OF USE
The following terms of use ("Terms of Use") govern your use of the
REDIComps Services and Application. REDIComps reserves the right to
change these Terms of Use at any time with or without notice. Please
review these Terms of Use periodically as your continued usage of
REDIComps after such changes constitutes your acceptance of the new
Terms of Use.
BY CHECKING "I AGREE", OR BY OTHERWISE USING REDIComps IN ANY AND ALL
CAPACITIES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO
BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE
TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE REDIComps
OR THE INFORMATION CONTAINED THEREIN.
LIMITED LICENSE
We grant you a non-exclusive, non-transferable, limited license to
access those portions of REDIComps that you are authorized to use and
all included text, graphics, logos, button icons, images, and audio
clips, as well as all other information and materials available on those
portions of REDIComps that you are authorized to access (the "Content"),
conditioned on your continued compliance with these Terms of Use and the
applicable Subscription Agreement. Any other use, reproduction,
modification, distribution or republication of REDIComps or the Content
without our prior written consent is strictly prohibited. You agree that
when using REDIComps you will abide by and comply with all applicable
laws, rules and regulations.
COPYRIGHT AND PROPRIETARY RIGHTS
REDIComps and all software used in connection with REDIComps are our
property or the property of our suppliers, sponsors, licensors or
affiliates (collectively, "Business Partners"), and are protected by
United States and international copyright law, trademark law, and trade
secret law, as well as other laws, rules and regulations. We own a
copyright in REDIComps software applications, in the database contained
in REDIComps, and in the selection, coordination and arrangement of the
Content. Except as expressly provided herein, neither we nor our
Business Partners grant any rights to you under any patents, copyrights,
trademarks or trade secret information. Accordingly, unauthorized use of
REDIComps or any Content may violate patent laws, copyright laws,
trademark laws, trade secret laws, laws pertaining to privacy and
publicity rights or other laws or regulations.
"REDI", "REDIComps", affiliate program images and text, and all page
headers, custom graphics and button icons are the service marks,
trademarks, and/or trade dress of REDIComps ("Trademarks"). All other
service marks, trademarks, product names and company names or logos
displayed in REDIComps are the property of their respective owners. You
may not use, copy, reproduce, republish, upload, post, transmit,
distribute or modify any of the Trademarks in any way, including in
advertising or publicity pertaining to distribution of materials on
REDIComps, without our prior written consent. We prohibit the use of any
metatags or any other "hidden text" utilizing any of the Trademarks
without our prior written consent. We also prohibit the use of any of
the Trademarks as a "hot" link on or to any other web site, unless we
approve the establishment of such a link in advance. Use of Internet
bot’s (“robots”) for web scraping and harvesting of data including but
not limited to gathering data, and data records, images, text, graphics,
and any information from REDIComps is strictly prohibited.
ACCOUNT MAINTENANCE AND RESPONSIBILITY
Access to secured/password protected areas of REDIComps are restricted
to authorized users. By accessing any secured/password protected area of
REDIComps, you represent, warrant and covenant that you are authorized
to do so and to engage in the activities and communications that you
conduct thereunder. You agree to be solely responsible for the
confidentiality and use of your password or username, as well as for any
activities or communications conducted on REDIComps using your password.
Unauthorized individuals attempting to access secured/password protected
areas of REDIComps may be subject to prosecution.
If you wish to cancel a password or username, or if you become aware of
any loss, theft or unauthorized use of a password or username, please
notify REDIComps immediately. REDIComps reserves the right to delete or
change any password or username at any time, for any reason.
TERMINATION
If you violate any provision of these Terms of Use, your permission to
use REDIComps and the Content shall automatically terminate. We may
change, suspend or terminate your account or your use of all of
REDIComps at any time as we deem appropriate. Any and all personal
private data may be forfeited by you.
DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF REDICOMPS IS AT YOUR SOLE RISK.
REDICOMPS AND THE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE"
BASIS.
NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT
REDICOMPS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY,
WILL BE CORRECTED; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY,
PERFORMANCE OR SUITABILITY OF REDICOMPS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND
EACH OF OUR BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
WE RECOMMEND THAT OUR USERS MAINTAIN A BACKUP OF ANY PERSONAL PRIVATE
DATA THEY HOUSE WITHIN REDIComps. LOSS OF PERSONAL REDIComps WILL NOT BE
HELD LIABLE FOR ANY LOSS OF ANY PERSONAL PRIVATE DATA FOR ANY REASON.
LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH REDICOMPS OR ANY CONTENT, YOU AGREE
THAT YOUR SOLE REMEDY IS TO CEASE USING REDICOMPS.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY
OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, TRANSMITTING OR DISTRIBUTING REDICOMPS OR ANY PART THEREOF
("COVERED PARTIES"), BE LIABLE FOR ANY PUNITIVE, EXEMPLARY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR
IN CONNECTION WITH REDICOMPS OR ANY CONTENT MADE AVAILABLE ON OR THROUGH
IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In the event that REDIComps is liable for
any damages arising in connection with REDIComps or any content made
available on or through it, the aggregate liability of REDIComps and the
Covered Parties shall not exceed in the aggregate the lesser of the
amounts actually paid to REDIComps by you or for your use under the
applicable Subscription Agreement for the one-month period preceding the
first event that gave rise to the claims.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH
ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE INDEPENDENT
AND SHALL SURVIVE ANY FAILURE OF ANY REMEDY (EXCLUSIVE OR OTHERWISE).
INDEMNIFICATION
You agree to defend, indemnify and hold REDIComps and the Covered
Parties harmless from and against any claims, actions, demands,
liabilities, losses or damages (including reasonable legal and
accounting fees) arising out of or related to your use of REDIComps or
the Content, any violation of these Terms of Use by you, or any
violation of any rights of any person or entity by you. We shall provide
notice to you promptly of any such claim, suit, or proceeding and shall
reasonably cooperate with you, at your expense, in your defense of any
such claim, suit or proceeding.
ADVERTISEMENTS AND LINKS TO OTHER SITES
We, in our sole discretion, may post the advertisements or other
materials of third parties on REDIComps. Your correspondence or any
other dealings with advertisers found on REDIComps are solely between
you and such advertiser. You agree that we shall not be responsible for
any loss or damage of any sort incurred as a result of any such dealings
or as the result of the presence of such advertisements on REDIComps.
Moreover, we shall not be responsible or liable for the statements or
conduct of any such advertisers on REDIComps.
REDIComps may contain links to other web sites. These links are provided
solely as a convenience to you and not as an affiliation, endorsement or
adoption by us of such linked web sites or the content thereof. We are
not responsible for the content of any linked sites and do not make any
representations regarding the content or accuracy of materials on any
linked sites. If you decide to access any linked site, you do so at your
own risk. When leaving REDIComps, you should be aware that our terms and
policies may no longer govern, and, therefore, you should review the
applicable terms, conditions and policies, including privacy and
data-gathering practices, of each linked site.
USER SUBMISSIONS
Any content that is posted or uploaded at or beyond the "Public Sharing
Level" or any communication that you post or upload to REDIComps is
considered to be non-confidential. By submitting any such content or
communication, you automatically grant (or warrant that the owner of
such communication or content has expressly granted) to us a
royalty-free, transferable, perpetual, irrevocable, worldwide,
nonexclusive right and license to use, reproduce, create derivative
works from, modify, publish, edit, translate, distribute, perform, and
display the communication or content in any media or medium, or any
form, format, or forum now known or hereafter developed. We may
sublicense our rights with respect to such communication or content
through multiple tiers of sublicenses.
We do not and cannot review all communications and content posted or
uploaded to REDIComps and are not responsible for these communications
and content. However, we reserve the right to block or remove
communications or content that we determine, in our sole discretion, to
be (i) threatening, abusive, libelous, defamatory, inflammatory, or
obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation
of the copyright, trademark, or other intellectual property rights or
other rights of another, (iv) in violation of any applicable local,
state, Federal or international law or regulation, or (v) offensive or
otherwise unacceptable. ANY MESSAGES, ADVICE, OPINIONS OR OTHER
INFORMATION CONTAINED IN OR PROVIDED THROUGH REDICOMPS SHOULD NOT BE
CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION AND DOES NOT NECESSARILY
REFLECT OUR OPINIONS OR THE OPINIONS OF OUR BUSINESS PARTNERS.
You shall not submit any property descriptions, photographs or other
images, financial, transaction, tenant, contact or other information to
REDIComps unless you have legal rights to publish and advertise and
distribute the information to others through REDIComps. You shall not
submit any image to REDIComps if you have granted exclusive rights to
such image to a third party, nor shall you submit any image to REDIComps
and thereafter grant exclusive rights to such image to a third party.
You shall not submit any image obtained from REDIComps to a third party
if a requirement of submitting the image is the granting of exclusive
rights to the image.
All comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to us on or by REDIComps or
otherwise disclosed, submitted or offered in connection with any user's
use of REDIComps (collectively, "Comments") shall be and remain our
property. Such disclosure, submission or offer of any Comments shall
constitute an assignment to us of all of the submitting user's worldwide
right, title and interest in all copyrights and other intellectual
property rights in and to the Comments. Thus, we will own exclusively
all such right, title and interest and shall not be limited in any way
in our use, commercial or otherwise, of any Comments. We are and shall
be under no obligation (i) to maintain any Comments in confidence; (ii)
to pay the submitting user any compensation for any Comments; or (iii)
to respond to any user's Comments.
By participating in any sweepstakes, contests or promotions on
REDIComps, and/or by requesting promotional information or product
updates, you agree that we may use the information that you provide in
connection therewith for marketing and promotional purposes.
You shall use the real property ownership information only for private
matters and in the course of conducting your normal business activities
as set forth in the Subscription Agreement;
You shall not use the real property ownership information for
reproduction, sale, publication or any other use in relation to any
product or service to be provided to any third party, or any other
commercial exploitation;
You shall acquire no proprietary rights in or to the real property
ownership information or in any data contained therein, which rights
remain in REDIComps and its data suppliers;
You shall not disclose or provide the real property ownership
information to any affiliates, parent organization, subsidiaries,
consultants, shareholders, agents, third parties or any persons within
your organization, if they do not have a need to know for the purposes
permitted in this Agreement or are otherwise covered under this
Agreement;
The data contained herein is sourced from public documents, is provided
on an "as is, as available" basis, and the data supplier does not make
any warranties, express or implied, including without limitation, those
of merchantability and fitness for a particular purpose, nor is the data
supplier responsible for errors or omissions;
You acknowledge that the real property ownership information is
proprietary information of REDIComps and its suppliers, under copyright,
and has been furnished to you in trust. You acknowledge that the
information is a valuable commercial product, the development of which
has involved the expenditure of substantial time and money. You will
issue appropriate instructions to all of your employees having access to
REDIComps concerning the restrictions contained herein, and shall
initiate reasonable security measures to prevent the accidental or
otherwise unauthorized use or release of the real property ownership
information, with particular respect to consumer information that is
considered "sensitive", namely: financial information including mortgage
values, real estate loan information, default, and foreclosure
information, as related to a named individual owner;
Any use of REDIComps by you pursuant to this Agreement, shall be at your
own risk and REDIComps and its suppliers or licensors shall not be
responsible for any errors or omissions;
REDIComps's data supplier is not responsible for any damages including,
but not limited to, those incurred as a result of lost profits or
revenue, loss of use of REDIComps, the cost of any substitute data, or
claims by third parties, or for other similar costs. In no event shall
REDIComps's data supplier be liable for any damages resulting from your
inability or failure to access any web site.
CONFIDENTIALITY ON THE INTERNET
Use of the Internet is solely at your own risk and is subject to all
applicable laws, rules and regulations. We are not responsible for the
security of any information transmitted over the Internet. You assume
all risks in transmitting material to or from REDIComps and must make
your own determination as to these matters. For more private
communication with REDIComps, you may contact us at REDIComps 1471A
State Road 46, Balsam Lake, WI. 54810
EVENTS BEYOND OUR CONTROL
You absolve and release us from any claim of harm resulting from any
cause beyond our control, including, but not limited to, failure of
electronic or mechanical equipment or communication lines,
telecommunications or other interconnect problems, computer viruses or
other damaging code or data, unauthorized access, theft, operator
errors, severe weather, earthquakes, natural disasters, strikes or other
labor problems, wars, or governmental restrictions.
MISCELLANEOUS
Any of these Terms of Use which are determined to be invalid or
unenforceable in any jurisdiction shall be ineffective to the extent of
such invalidity or unenforceability in such jurisdiction, without
rendering invalid or unenforceable any of the remaining Terms of Use or
affecting the validity or enforceability of these Terms of Use in any
other jurisdiction. Failure to insist on performance of any of these
Terms of Use will not operate as a waiver of any subsequent default. No
waiver by us of any right under these Terms of Use will be deemed to be
either a waiver of any other right or provision or a waiver of that same
right or provision at any other time. You may not assign, transfer or
delegate your rights or obligations hereunder, in whole or in part,
without our prior written consent. These Terms of Use shall be binding
upon and inure to the benefit of each of us and our respective
successors and permitted assigns. Any action or claim against us must be
brought within one year following the date on which the claim first
accrued or shall be deemed forever waived. We reserve all rights not
expressly granted herein. These Terms of Use shall be governed by and
construed in accordance with the laws of the State of Minnesota, USA.
A printed version of these Terms of Use and of any related notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms of Use to the same
extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
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