TERMS AND CONDITIONS
By accessing and/or
using www.WinREO.com or www.WinREO.net (this “Website”), you are
deemed to have read and agreed to the following terms and conditions (collectively,
the “Terms”):
This Website is owned and operated by WinREO, a
This
Website allows users to establish their own online account for the purchase of
managing transactions involving the marketing and sale of real estate owned or
controlled by financial institutions, asset management companies, and private
entities / individuals. All use of the
Website is subject to these Terms.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
Terminology
The following terminology applies to these Terms and Conditions “You” and “Your” refers to you, the person accessing this Website and accepting the Company’s terms and conditions. “Ourselves”, “Our” “We” and "Us", refers to the Company. “Party” or “Parties” refers to both the you and the Company, or either you or the Company, depending on the context. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to you in the most appropriate manner, for the express purpose of meeting your needs in respect of provision of the Company’s stated services/products. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Copyright
All pages and contents within this Website are the property of the Company. You may not reprint or re-publish any portion of the materials on the Website in any form without the express, written permission of the Company.
Trademark Information
"WinREO" is a trademark and service mark of the Company. All other trademarks, service marks and logos used in this Website are the trademarks, service marks or logos of their respective owners.
General Use of the
Website - Permissions and Restrictions
Company hereby grants you permission to access and use the Website as set forth in these Terms, provided that:
A. You agree not to distribute in any medium any part of the Website, without Company’s prior written authorization.
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.
C. You will otherwise comply with the terms and conditions of these Terms and all applicable local, national, and international laws and regulations.
D. You can create an account with the Website only through the online registration process set forth in the Website, and complete, to the Company’s satisfaction, all forms and related documents. Without limitation, minors are prohibited from becoming account holders. In creating an account, you must provide the Company with accurate and complete account information, as prompted in the registration forms. You must also promptly notify Company in writing if any of this information changes. If you fail to provide or update this information, the Company may terminate your right to use your account.
E. When you open your account, you will be asked to choose a password. You must keep your password confidential. You will be responsible for all use of your password and account, including, without limitation, any use by any unauthorized third party. You must notify Company in writing immediately if you believe your password or account has been obtained or may be accessed or used by any unauthorized person or entity. In addition, you must notify Company in writing immediately if you become aware of any other breach or attempted breach of the security of the Website.
F. Only licensed real estate brokers or agents are entitled to open an account on the Website. By opening an account, you are affirming that you are duly and actively licensed as a real estate broker or agent in the jurisdiction within which you are located at the time of your access of the Website.
G. Notwithstanding any other provision of these Terms, the Company reserves the right to refuse access and/or service to anyone at any time. Without limiting the generality of the foregoing, the Company reserves the right to terminate the access of any person who is believed to be violating any provision of these Terms or any agreement with the Company, or otherwise abusing the Website in any manner.
Your Use of Content
on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.
A. As between you and the Company, the content on the Website, including without limitation, the graphics, photos, information, materials, interactive features and the like (collectively, "Content") and the trademarks, service marks, logos, insignias and other intellectual property contained therein ("Marks"), are owned by or licensed to Company, subject to copyright and other intellectual property rights under the law. Content also includes the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements). Content on the Website is provided to you as is for your information in connection with your purchase of Company products.
B. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content.
C. Company grants you a limited, revocable, nonsublicensable license to display the Content solely in connection with viewing the Website to evaluate whether or not you want to purchase Company products. Any rights not expressly granted herein are hereby reserved by Company.
Digital Millennium
Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclosure
The role of Company and the Website in the sale of properties is limited to maintaining and managing information provided by registered users of the Website and providing a venue for communications about properties and sales transactions. The Company is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing any properties described on the Website or providing a "multiple listing service" as that term is traditionally used. The Company does not counsel sellers or buyers, show properties, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with the Website or otherwise. Accordingly, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between the Company and any seller or buyer of real estate. Without limiting the generality of the foregoing, the Company makes no representations about any properties described on the Website, about the sellers of such properties, about the accuracy of information provided by such sellers, or about the financial capabilities of prospective buyers. Prospective buyers are advised to perform all due diligence before entering into a contract to purchase property, and all parties are encouraged to seek the help of a licensed real estate professional and real estate attorney.
Warranty
Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY, ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, IF ANY, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, IF ANY, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES IF SUCH A TRANSACTION TAKES PLACE.
Limitation of
Liability
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND PURCHASE OF ANY COMPANY PRODUCTS OR SERVICES OR THIRD PARTY PRODUCTS OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. WITHOUT LIMITING THE GENERALITY OF ANY OTHER PROVISION OF THESE TERMS, THE COMPANY IS NOT RESPONSIBLE IN ANY WAY FOR THE LOSS OF ANY DATA STORED ON THE COMPANY’S SERVERS OR OTHERWISE. BY USING THIS WEBSITE, YOU SPECIFICALLY WAIVE YOUR RIGHT TO PURSUE ANY OF THE DESCRIBED DAMAGES OR ACTIONS (REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER YOU HAVE NOTIFIED US OF THE POSSIBILITY OF SUCH DAMAGES).
Indemnity
You agree to defend, indemnify and hold harmless Company, its officers, directors, shareholders, employees, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
Ability to Accept
Terms of Use
You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
Termination of Use
Company may, in its sole discretion, change, suspend or discontinue any aspect of the Website at any time with or without notice, including the availability of any Website feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts of the Website, or the entire Website, with or without notice, and without liability, at any time, in Company’s exclusive discretion, for any reason or purpose, including, but not limited to, conduct that Company believe violates these Terms or other policies or guidelines posted on the Website. Upon any termination of this agreement, you shall immediately discontinue your use of the Website and destroy all materials obtained from it.
General
You agree that: (i) the Website shall be deemed solely based
in
Links to this Website
You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.
Links from this
Website
We do not monitor or review the content of other party’s websites which are
linked to from this Website. Opinions expressed or material appearing on such
websites are not necessarily shared or endorsed by us and we should not be
regarded as the publisher of such opinions or material. Please be aware that we
are not responsible for the privacy practices, or content, of these sites. We
encourage our users to be aware when they leave our site & to read the
privacy statements of these sites. You should evaluate the security and
trustworthiness of any other site connected to this Website or accessed through
this Website yourself, before disclosing any personal information to them. This
Company will not accept any responsibility for any loss or damage in whatever
manner, howsoever caused, resulting from your disclosure to third parties of
personal information.
Cancellation Policy
We require a minimum 24 hours notice of cancellation of any order for services. Notice may be given by mail (with return receipt requested), email (with proof of delivery), by fax, or by any other means that provides confirmation in writing.
Termination of Agreements and Refunds Policy
Both you and the Company have the right to terminate your use of the Website at any time and for any reason, including the ending of services that are already underway. In the event of a termination by either you or the Company, there will be no refund of any amounts which have already been paid.
Availability
Unless otherwise stated, the services featured on this
website are only available within the
Personal Information and Privacy
To learn about how we protect your personal information, please refer to our online privacy policy.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any agreement which failure is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Waiver
Failure by the Company to insist upon strict performance of any provision of this or any agreement or the failure by the Company to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of your obligations. No waiver of any of these Terms and Conditions shall be effective unless it is expressly stated by us.
General
If any of these Terms and Conditions are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and Conditions and the remaining provisions will continue to apply.
Governing Law and Jurisdiction
We control this Website from our offices within the state of
California (USA). It is not intended for use by any person outside of the
Modification
The Company may modify these Terms and Conditions at any time by posting new, replacement Terms and Conditions on the publicly available areas of Website, under the link, "Terms & Conditions". You are responsible for reviewing the current Terms and Conditions at any time that you visit the Website. Any use of the Website or purchase of Company products or services by you after Company’s publication of any such changes shall constitute your acceptance of these Terms and Conditions as modified. You agree that Company is permitted to access and use any information provided by you in connection with your purchase of Company products and services, and if necessary, to access such information to obtain contact information in order to provide notifications relating to the Company products and services sold to you.
Conflict
If there is any conflict between the terms of a specific written agreement (including an electronically signed agreement) executed by you and us, and these Terms and Conditions, the specific written agreement will control.
Rights
Notice
This
Website and all electronically-transmitted pages contained as a part thereof belong
to the Company and are offered for your personal use. All rights are reserved.
These pages may not be duplicated or reproduced without the express written
consent of the Company, except in the form of brief excerpts or quotations only
for the purposes of review. The information contained here is for the personal
use of the reader and may not be incorporated into publications, databases, or
software programs without the written consent of the Company. Making copies of
these pages or any portion for any purpose other than your personal use is a
violation of