RealtyTrader.com is owned and operated by RealtyTrader.com. We have established the following Terms of Use and Service for RealtyTrader.com to spell out what you can expect from us and what we expect from you.
By using or accessing any areas of RealtyTrader.com other than this Terms of Use and Service area, users (Users), including, without limitation, subscribers (Subscribers), agree to be legally bound and to abide by the terms set forth below, as same may be amended from time to time, and we expressly and affirmatively rely upon your agreement. If you do not wish to be bound by and subject to the Terms of Use and Service, you must not use or access any area of this Site other than this Terms of Use and Service area in any way whatsoever. It is your responsibility to visit this area of the Site at the beginning of each of your visits to RealtyTrader.com.
TRADEMARKS
RealtyTrader.com is a service mark of RealtyTrader.com, Inc., or its affiliates or subsidiaries. All rights are reserved. These and other RealtyTrader.com graphics, logos, service marks and trademarks of RealtyTrader.com, Inc. and its affiliates and subsidiaries may not be used without prior written consent of RealtyTrader.com, Inc. or its affiliates or subsidiaries, as the case may be. All other trademarks, product names, and company names and logos appearing on RealtyTrader.com are the property of their respective owners.
TERMS OF USES AND LIMITATION OF LIABILITY
User expressly agrees that use of RealtyTrader.com and the internet is at User's sole and exclusive risk. We intend to offer reliable information on this Site, but User understands and agrees that the reliability of the information is not guaranteed by RealtyTrader.com. Neither RealtyTrader.com nor its affiliates or subsidiaries, nor any of their respective officers, directors, shareholders, employees, contractors, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that RealtyTrader.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of RealtyTrader.com, or as to the accuracy, reliability, non-infringement or currency of any information content, service, or merchandise or any other offerings provided or made available through RealtyTrader.com, and User hereby expressly waives any such warranties.
THIS SITE IS PROVIDED BY RealtyTrader.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. RealtyTrader.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OR ACCURACY OF THE INTERNET OR THE SITE OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE AND USERS HEREBY WAIVE ANY SUCH REPRESENTATIONS OR WARRANTIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RealtyTrader.com DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND USERS HEREBY WAIVE ANY SUCH WARRANTIES.
RealtyTrader.com SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, OF ANY KIND ARISING FROM OR OUT OF OPERATION OR USE OF THE INTERNET, THIS SITE OR THE PRODUCTS OR SERVICES THEREON, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR LOST PROFITS, EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY RealtyTrader.com NOR ITS AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall RealtyTrader.com, or any other party involved in creating, producing, or distributing RealtyTrader.com, be liable for any direct, indirect, punitive, incidental, exemplary, special or consequential damages or lost profits that result from the use of or inability to use RealtyTrader.com, including, but not limited to, reliance by User on any information obtained from RealtyTrader.com, or that result from mistakes, omissions, interruptions, deletion of files, data or e-mail, errors, defects, viruses, worms, denial of service or other attacks, hacking, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to RealtyTrader.com's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services and any other offerings available through RealtyTrader.com. These Terms of Use and Service are intended to bind the parties to the choice of law that applies hereto. If, for any reason, the exclusions and/or limitations of liability for damages set forth herein are not given full effect, then such exclusions and/or limitations of liability shall be given effect to the fullest extent permitted by applicable law. Users hereby WAIVE and RELEASE any and all claims against EZTourProperties., Inc., its affiliates and subsidiaries, and their respective officers, directors, shareholders, employees, contractors and agents arising from, out of or in connection with any access or use of the Internet, this Site or the products or services thereon. User agrees User's sole and exclusive remedy for any claim or action against RealtyTrader.com shall be for RealtyTrader.com, Inc. to use reasonable efforts, in RealtyTrader.com's sole discretion, to correct, at no cost to RealtyTrader.com, Inc., any defect in this Site.
User acknowledges that in operating this Site, RealtyTrader.com, Inc. is not acting as a real estate brokerage, legal or other professional service and does not represent either the buyer or seller or the landlord or tenant in any capacity. RealtyTrader.com merely provides a platform or medium for the distribution and/or publication of content, some of which is provided by Users, Subscribers, advertisers or others, as the case may be.
CONTENT PROPRIETARY RIGHTS
User acknowledges that RealtyTrader.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary intellectual property rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and RealtyTrader.com, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content, even if provided by others. RealtyTrader.com also owns copyright in all Content furnished by RealtyTrader.com. User may not modify, remove, delete, augment, add to, publish, transmit, reproduce, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. The only interest granted to Users of this Site is a non-exclusive, non-transferable, revocable license to use this Site as permitted by the Terms of Use and Service.
DISTRIBUTION/UPLOADING OF CONTENT
Except as otherwise permitted hereunder, User may upload to or otherwise distribute on RealtyTrader.com only content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or content in which the proprietary rights holder has given express authorization for distribution on the Internet. Any copyrighted or other proprietary content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by ___________________________; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither RealtyTrader.com, nor its affiliates or subsidiaries, nor any of their respective officers, directors, shareholders, employees, contractors, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to RealtyTrader.com at the following e-mail address: Admin@ RealtyTrader.com.
By uploading or submitting content to RealtyTrader.com, including, without limitation, any product reviews or participation in any chat rooms, User automatically grants, or warrants that the owner of such content has expressly granted RealtyTrader.com the royalty-free, encumbrance-free, perpetual, irrevocable, transferable, nonexclusive right and unrestricted license to use, reproduce, publish, translate, sublicense, copy, modify, adapt, distribute and transfer the content, in whole or in part, worldwide 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 content. Subject to this grant, the owner of content placed on RealtyTrader.com retains any and all rights which may exist in such content. By uploading or submitting content, User waives any claim of confidentiality therein. User acknowledges that uploaded content may not be posted immediately or replicated via the internet for some time after submission.
THIRD-PARTY CONTENT
RealtyTrader.com is merely a distributor and not a publisher of some of the content supplied by some third parties and all Users. RealtyTrader.com has no more editorial control over such content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third parties, including Providers or any other User of RealtyTrader.com, are those of the respective authors or distributors and not of RealtyTrader.com or its affiliates or subsidiaries or any of their respective officers, directors, shareholders, employees, contractors or agents. Neither RealtyTrader.com nor its affiliates or subsidiaries, nor any of their respective officers, directors, shareholders, employees, contractors or agents, nor any third party, including any Provider, or any other User of RealtyTrader.com, guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through RealtyTrader.com represents the opinions and judgments of the respective Provider or User. RealtyTrader.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on RealtyTrader.com by anyone other than duly authorized representatives of RealtyTrader.com. Under no circumstances shall RealtyTrader.com, or its affiliates or subsidiaries, or any of their respective officers, directors, shareholders, employees, contractors or agents be liable for any loss, damage or harm caused by User's reliance on information obtained through RealtyTrader.com. It is the sole responsibility of User to evaluate the information, opinion, advice, or other content available through RealtyTrader.com.
EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States . This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including, but not limited, to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from RealtyTrader.com to either a foreign national or a foreign destination in violation of such laws.