Use of this site is subject to the terms and conditions set forth below. In continuing to access or use our site, you agree to be bound by those terms and conditions. This document will be referred to as the REsource Online Services Agreement (OSA)
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SCOPE OF THE OSA
REsource Analytix ("REsource," "we" or "us") operates the REsourceAnalytix website. The OSA applies to REsource's Services including the website REsourceAnalytix.com.
REVISIONS AND RELATION TO OTHER AGREEMENTS OR DISCLOSURES
REsource may revise the OSA at any time, and you agree to be bound by future revisions. It is your responsibility to visit the link at the bottom of the REsourceAnalytix.com home page periodically to review the most current terms and conditions. REsource Services are subject to any disclosures or disclaimers found within the REsource Services.
REGISTRATION INFORMATION, PRIVACY AND PERSONALIZATION
Sharing your Registration information (including user IDs and passwords) with any other person is not permitted. You alone are responsible for all actions that take place through the use of your Registration information.
The REsource website provides access to data provided by MLSOs. Representations of this data may only be shared with or disclosed to other parties by members of that MLSO. If REsource has reason to believe that Registration information is being shared, the services may be terminated and the MLSO may be informed. Unauthorized or improper disclosure of information accessed through REsource may also result in penalties from the MLSO.
REsource'S LICENSE TO YOU
REsource grants you a single, non-exclusive, non-transferable and limited personal license to access and use the REsource website. This license is conditioned on your continued compliance with the terms and conditions in the OSA.
YOUR LICENSE TO REsource
Any communications or material of any kind that you e-mail, post or otherwise transmit through the REsource website, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary. You hereby grant a license to REsource to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the REsource website or elsewhere with no liability or obligation to you. REsource is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
USE OF THIRD PARTY SERVICE PROVIDERS
REsource may use third party service providers to assist in providing certain REsource Services.
We may make available to you through one or more REsource Services a range of market and economic information that we obtain Third Party Service Providers. REsource does not endorse or approve Market Information, and we make it available to you only as a service and convenience. REsource and our Third Party Service Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of Market Information, or (2) warrant any results from your use or reliance on Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither REsource nor the Third Party Service Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither REsource nor the Third Party Service Providers will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by REsource to receive Market Information.
NO INVESTMENT ADVICE OR RECOMMENDATIONS
The REsource Services and content (including Market Information) are for information, education, and entertainment purposes only. Although REsource Services may provide information relating to investment approaches and opportunities to buy or sell real estate, you should not construe any Market Information, features, tools or other content available through any REsource Service as legal, tax, investment, financial or other advice. Nothing contained in any REsource Service or any other content on our Web site constitutes a solicitation, recommendation, endorsement, or offer by REsource or a Third Party Service Provider to buy or sell any properties.
USE OF ACCESS DEVICES
With the exception of applications commonly known as Web Browser software, or other applications formally promoted, endorsed or approved by REsource in writing, you agree not to use any software, program, application or any other device to access or log on to any REsource Service, including REsource's computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any Market Information or any other content to or from any REsource Service, including REsource's computer systems, Web site or proprietary software.
DISCLAIMERS OF WARRANTIES
ALTHOUGH REsource TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH ITS REsource SERVICES, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. REsource RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE REsource SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE." REsource DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE REsource SERVICES. REsource PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. REsource EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE REsource SERVICES. REsource MAY CHANGE INFORMATION CONTAINED IN THE REsource SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE REsource SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE REsource SERVICES.
FURTHER, REsource MAKES NO WARRANTIES REGARDING THE REsource SERVICES. REsource AND ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE REsource SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REsource OR THROUGH OR FROM THE REsource SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD REsource AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD PARTY SERVICE PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING ATTORNEYS' FEES, MADE BY ANY PERSON ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL REsource OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY REsource SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL REsource OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF A REsource SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY REsource. REsource AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF REsource OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE REsource SERVICES; (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (iii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE REsource SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE REsource SERVICES; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE REsource SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD REsource RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS) IN CONNECTION WITH THE REsource SERVICES.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages] may not apply to you, and the respective liability of REsource and its Third Party Service Providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail then you expressly agree that under no circumstances will the total, aggregate liability of REsource and its Third Party Service Providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
RESTRICTIONS ON USE
Except as otherwise permitted by REsource, no materials from the REsource Services or any site owned, operated, licensed or controlled by REsource may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the REsource Services for your personal use in facilitating real estate sales and understanding of real estate markets in your capacity as a real estate professional. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the REsource Services for public or commercial purposes, including any text, images, audio, or video without REsource's written permission.
TRADEMARKS AND COPYRIGHTS
The REsource Services are owned by REsource or its affiliates or
agents (including the Third Party Service Providers) and are protected by
Images displayed through the REsource Services are either the property of, or used with permission by, REsource. You are prohibited from using or authorizing the use of these images unless specifically permitted under the OSA. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, REsource has designated an agent to receive notifications of claimed infringement, as described within our Copyright Policy.
MODIFICATIONS, SUSPENSIONS AND TERMINATIONS OF REsource SERVICES
REsource reserves the right to modify or discontinue temporarily or permanently, a REsource Service (or any part thereof) with or without notice. You agree that REsource will not be liable to you or to any third party for any modification, suspension or discontinuance of a REsource Service. Please keep in mind that extended periods of inactivity may also result in your enrollment in a REsource Service being canceled. The license granted under the OSA will terminate if REsource believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the OSA and all Rules and Guidelines for each REsource Service. Upon such violation, you agree to terminate access to the REsource Services.
The OSA, and all future agreements you may enter into with REsource,
unless otherwise indicated on such other agreement, will be governed by the law
of the state of
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