By visiting, using and/or submitting information to
www.RealtyToBuy.com, its
sub-domains and affiliated sites, including, without limitation,
www.RealtyToBuy.com (collectively
"Realty To Buy"), you are accepting the practices described in this Privacy Policy and the terms
and conditions of our Agreement of Terms of Use located at the URL
www.RealtyToBuy.com /dev/about/
terms (the "Terms of Use"). For purposes of this Agreement and the Privacy Policy, the terms "we,"
"us," or "our" means
www.RealtyToBuy.com.
We take your privacy seriously and published this Privacy Policy to help you
understand how we collect and use your personal information.
Collection of Personally Identifiable Information
Certain features of Realty To Buy require you to provide
personally identifiable information. Personal information generally includes information that could be used to
determine your identity, such as your name or email or email address. The following are certain situations in which we
may collect personal informationfrom you:
- Registration. When you register with us, we may ask for personal
information like your name and e-mail address along with your property information. We collect this personal
information from you.
- Use of Forums. If you choose to transmit, submit or post information
through any forums available on Realty To Buy, we will collect that information you provide.
- Forms. We may collect personal information from you if you choose to fill
out any forms, profiles, or surveys.
- Correspondence. If you send us personal correspondence, such as emails or
letters, or if other users or third parties send us correspondence about your activities or postings
on Realty To Buy, we may choose to collect such information about you.
- Business Partners. We may receive your personal information from one of our
business partners.
Use of Personally Identifiable Information
We use your personal information as follows:
- to fulfill your requests for certain products and services, such as
creating your profile;
- to contact you and deliver information to you such as administrative
notices, offerings, and other communications relevant to your use of Realty To Buy;
- to analyze site usage, conduct market research, improve marketing and
promotional efforts, and improve and customize our content, layout, products and services;
- to provide customer support and troubleshoot and resolve problems and
disputes;
- for trying to detect and protect against error, fraud or other criminal
activity, enforcing our Terms of Use, other internal purposes, and as otherwise described to you at the time of
collection; and
- as otherwise set forth in this Privacy Policy.
You expressly agree to our use of your personal information as set forth in
this Privacy Policy and the Terms of Use.
Disclosure of Personal Information
The following describes some of the ways that your personal information may be
disclosed in the normal scope of business:
- Forums . Any information that you place or submit to be placed within your
Captain profile or within any other forum on the Realty To Buy will be disclosed to the public.
- Advertisers . We may aggregate personal information and disclose such
information in a non-personally identifiable manner to advertisers and other third parties for their marketing and
promotional purposes. We do not disclose your information in a personally identifiable manner to such third party
advertisers without your consent .
- External Service Providers. There may be a number of separate services
offered by third parties on that we refer to as external service providers and that may be
complementary to your use of Realty To Buy. We will only provide your personal information to an external
service provider with your consent. To prevent the disclosure of your personal information to an external service
provider, you can decline such consent or simply not use their services.
Please note that if you choose to use the services of, or disclose
information to, an external service provider, then the external service provider’s use of your information is
governed by the external service provider’s privacy policy. You should evaluate the practices of external
services providers before deciding to use their services.
- Internal Service Providers . We may use third parties that we refer to as
internal service providers to facilitate or outsource one or more aspects of our business, product and service
operations (e.g., technology, Forums, analytical tools, advertising campaign management) and therefore we may
provide some of your personal information directly to these internal service providers. We implement reasonable
contractual and technical protections limiting the use of your personal information by internal service providers,
unless you have provided permission for additional uses.
Please note that if you provide additional information to an internal
service provider directly, then the internal service provider’s use of your personal information is governed
by the internal service provider’s privacy policy. You should evaluate the practices of internal services
providers before deciding to provide information directly to an internal service provider.
Notwithstanding the foregoing, we reserve the right (and you authorize us) to
share or disclose your personal information when we determine, in our sole discretion, that the disclosure of your
personal information is necessary to identify, contact, or bring legal action against you if:
- you are or may be violating this Privacy Policy or our Terms of Use;
- you are interfering with another's rights or property, including, without
limitation, our rights or property;
- you are violating any applicable law, rule or regulation;
- necessary or required by any applicable law, rule or regulation;
and/or
- requested by authorities in the event of any act of terrorism or instance
of local, regional or national emergency.
Personal information and other details collected from you may also be
transferred to a third party as a result of a sale, acquisition, merger, reorganization, other transfer or bankruptcy
(a "Transfer") involving us and/or our affiliates. We specifically reserve the right to transfer personal
information collected from Realty To Buy, and any of its databases, together with any personal information
contained therein, to a third party in connection with a Transfer, and nothing in this Privacy Policy is intended to
interfere with our ability to transfer all or part of our business and/or assets (including Realty To Buy)
to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever.
Please note that, although we use security measures to keep your personal
information anonymous, no security measure is perfect or impenetrable. In addition, due to the existing environment,
we cannot ensure that all of your private communications and other personal information will never be disclosed in
ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be
forced to disclose personal information to the government or third parties under certain circumstances or third
parties may unlawfully intercept or access transmissions or private communications. Therefore, notwithstanding
anything to the contrary within this Privacy Policy, the Terms of Use or Realty To Buy, you
use Realty To Buy at your own risk and we do not promise, and you should not expect, that your personal
information or private communications will always remain private.
Network Advertising
We may use third-party advertising companies for marketing, advertising and
promotional purposes, as well as to serve advertisements to you. Using third-party advertising companies helps us and
third-party advertisers better determine which advertisements or content to serve to you. For example, the third-party
advertisers may use information regarding your visits to Realty To Buy and other Web sites in order to
provide advertisements about goods and services, that third party advertisers believe will be of interest to
you.
The types of information that may be collected by third-party advertising
companies include the following:
- the type of Internet browser you use;
- the type of computer operating system you use;
- the domain name of a Web site you visit, as well as information related to
Web sites and Web pages you are viewing when an advertisement is requested;
- whether or not you visit specific pages of Realty To Buy or
other Web sites;
- the location of your Internet service provider's point of presence;
- the date and time of a visit to a Web site;
- search keywords passed from another server;
- the number of times you have clicked on an advertisement; and
- other interactions between you and a Web site.
CAN-SPAM Compliance
We send only verified, double-opt-in e-mails, specifically requested by our
subscribers. We are fully compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of
2003.
Cookie technology
"Cookies" are alphanumeric identifiers in the form of text files
that are inserted and stored by your Web browser on your computer's hard drive. We , our external service providers,
internal service providers, and third-party advertising companies, may set and access cookies on your computer to
track and store preferential information about you. We , and our external service providers, internal service
providers, and third-party advertising companies gather anonymous information about you through cookie technology on
an aggregate level only. For example, a third-party advertising company may assign a cookie (and a Web beacon,
described below) to you, to limit the amount of times you see a particular advertisement or to help better determine
which advertisements to serve to you. Please note that most Internet browsers will allow you to stop cookies from
being stored on your computer and to delete cookies stored on your computer.
Web beacons
"Web beacons", also called single-pixels (1x1) or clear GIFs, are
electronic images that allow a Web site to access cookies and help track marketing campaigns and general usage
patterns of visitors to those Web sites. Web beacons can recognize certain types of information, such as cookie
numbers, time and date of a page view, and a description of the page where the Web beacon is placed. No personal
information about you is shared with third parties through the use of Web beacons.
- Internal use of Web beacons. We may use Web beacons internally to count
users and recognize users through cookies. Access to cookies helps us personalize your experience when you
visit Realty To Buy.
- Email. We may include Web beacons in HTML-formatted email messages that we
or our affiliates or agents send. Including Web beacons in email messages helps us determine your interest in and
the effectiveness of such emails.
- External use of Web beacons. We may also use Web beacons externally. For
example, we may report aggregate information about Realty To Buy users, such as demographic and usage
information, to third parties. We may also include other company’s Web beacons within Realty To Buy .
Security
We use industry-standard security measures to protect your information. In the
unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any
damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such
information.
Links to Other Web sites
Realty To Buy may include links to other third party Web
sites. Such links are not an endorsement by us of those Web sites and/or the products or services offered there. Third
party Web sites may have different privacy policies and we are not responsible for the privacy practices of those
third party Web sites. If you click on a link to a third party Web site, we encourage you to check the privacy policy
of that Web site, as it may differ substantially from that of this Privacy Policy.
Access and Use of Realty To Buy
Realty To Buy is intended to be accessed and used only by
adults and is not directed to children under the age of 18. We do not knowingly permit registration of personal
information by anyone under the age of 18. You hereby agree not to submit any information to us about anyone under the
age of 18. We cannot verify that a submission does not constitute information about a person under the age of
18.
Changes to this Privacy Policy
We reserve the right to update, amend and/or change this Privacy Policy at any
time in our sole discretion and without notice. Updates to this Privacy Policy will be posted here. Any information we
collect from you online is subject only to our most current Privacy Policy. You are encouraged to revisit this Privacy
Policy from time to time in order to review any changes that have been made. Our last update was September 12, 2007 .
Your continued access and use of Realty To Buy following the posting of any such changes shall
automatically be deemed your acceptance of the same.
In the event one part of this Privacy Policy is found to be invalid or
unenforceable, such provision shall be struck and the other provisions shall remain valid and enforceable provided
that doing so does not render the Privacy Policy meaningless or of no value.
Governing Law; Arbitration
This Privacy Policy is to be governed by and construed in accordance with the
internal laws of the State of Connecticut, without regard for principles of conflicts of laws. Any civil action,
claim, dispute or proceeding arising out of, or relating to, this Privacy Policy shall be referred to final and
binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration
Association in Connecticut. You and we shall select the arbitrator, and if you and we are unable to reach agreement on
selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American
Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has
deposited One Thousand Dollars ($1,000.00) with the arbitrator as a retainer for the arbitrator's fees and costs. The
party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the
arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an
alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall be final, binding and
conclusive upon you and us , and your and our respective administrators, executors, legal representatives, successors
and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no
event shall either you or we be entitled to punitive, special, indirect or consequential damages, and both you and we
hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to,
damages for any loss of profit, revenue or business. The provisions of the Terms of Use, including, without
limitation, disclaimers of warranty, limitation of liability and indemnification, apply to this Privacy Policy.
Amendment
We may amend this Privacy Policy at any time by posting the amended terms on
the Realty To Buy. All amended terms shall automatically be effective when posted on
the Realty To Buy.
Contact Us
You can direct any questions concerning this Privacy Policy to us at the
following addresses:
Via E-mail: info@RealtyToBuy.com
Agreement of Terms of Service
By visiting, using and/or submitting information
to www.RealtyToBuy.com, its sub-domains and affiliated sites, including, without limitation,
www.RealtyToBuy.com (collectively
"Realty To Buy"), you agree to be bound by the terms and conditions of this Agreement of Terms of
Service (this "Agreement") and our Privacy Policy, located at www.RealtyToBuy.com/privacy.php
(the "Privacy Policy"). For purposes of this Agreement and the Privacy Policy, the terms "we,"
"us," or "our" means www.RealtyToBuy.com.
This Agreement contains an agreement to arbitrate all claims and disclaimers
of warranties and liability.
Consideration and Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable
consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you
acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information
to Realty To Buy. You represent that you have the capacity to be bound by this Agreement, or if you are
acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to
determine your compliance with this Agreement, we may monitor your access and use of Realty To Buy in
accordance with our Privacy Policy.
Realty To Buy is not Intended for Minors
Realty To Buy is not intended to be used by, and is not
directed to, anyone under 18 years of age. You represent that you are at least 18 years of age. In accordance with the
Children's Online Privacy Protection Act of 1998 ("COPPA"), if we receive a complaint which states that a
user is under 13 years of age, we will (i) request verifiable parental consent prior to gathering any additional
personal information from such visitor or user, (ii) keep confidential and secure all personal information gathered
from such visitor or user, (iii) provide the applicable parent(s) with access to any personal information gathered
from the visitor or user, and (iv) provide the applicable parent(s) the opportunity to prohibit further collection of
personal information from such visitor or user.
Your Access and Use of Realty To Buy
Your right to access and use Realty To Buy is personal to you and
is not transferable by you to any other person or entity. You are only entitled to access and
use Realty To Buy for lawful purposes and pursuant to the terms and conditions of this Agreement and our
Privacy Policy.
Your access and use of Realty To Buy may be interrupted from time
to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating,
maintenance or repair of Realty To Buy or other actions that we, in our sole discretion, may elect to take.
We reserve the right to suspend or discontinue the availability of Realty To Buy and/or any portion or
feature of Realty To Buy at any time in our sole discretion and without prior notice.
Any action by you that, in our sole discretion: (i) violates the terms and
conditions of this Agreement and/or our Privacy Policy; (ii) restricts, inhibits or prevents any access, use or
enjoyment of Realty To Buy; or (iii) through the use of Realty To Buy, defames, abuses,
harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and
use Realty To Buy. You shall not metatag or frame Realty To Buy without our prior express
written permission.
Public Forums
Realty To Buy may act as a venue, through its blogs and other
forums (collectively, the "Forums"), allowing the users to contribute information and make statements ("User
Generated Content"). We are not involved in the actual transmission of User Generated Content provided for in the
Forums. As a result, we do not approve or endorse any User Generated Content in the Forums. You hereby acknowledge and
agree that we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any
User Generated Content provided for by you or any other person or entity in the Forums. You may find User Generated
Content posted in the Forums by other users to be offensive, harmful, indecent, objectionable, inaccurate or
deceptive, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect
to such User Generated Content. Please use caution and common sense, and do not rely solely on User Generated Content
published in the Forums. Without limiting the generality of the foregoing, and although we do not regularly review
User Generated Content provided for in the Forums, we reserve the right, but not the obligation, to remove or edit any
User Generated Content in the Forums.
Immediately report problems with the Forums to us at
info@Realty To Buy.com
Transmissions, Submissions and Postings
to Realty To Buy
If you transmit, submit or post information to Realty To Buy that is not Federally trademarked and/or
copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free, exclusive right
and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media
whatsoever, including, without limitation, the Content (as defined below). Provided that you have obtained prior
written permission from us to transmit, submit or post information to Realty To Buy that is Federally
trademarked and/or copyrighted, you automatically grant us and our affiliates the worldwide, fully-paid, royalty-free
right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever,
including, without limitation, the Content.
You shall not transmit, submit or post the following
to Realty To Buy:
- Information that infringes our or any third party's copyright, patent,
trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully
harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes
on our or any third party's rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors,
back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain
contaminating or destructive properties or that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings,
political campaigning, or any form of "spam";
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without our written permission;
or
- Federally Trademarked and/or Copyrighted information without our written
permission.
Although we do not regularly review your transmissions, submissions or
postings, we reserve the right (but not the obligation) to edit, refuse to post or remove your transmissions,
submissions or postings. Pursuant to our Privacy Policy, we may review transmissions, submissions or postings made by
you to determine, in our sole discretion, your compliance with this Agreement.
You shall be solely responsible for all your transmissions, submissions or
postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting
them.
Our Intellectual Property Rights
The names "Realty To Buy" and our graphics, logos, page
headers, button icons, scripts, and service names are our or our affiliates' trademarks or trade dress, in the United
States and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks
without our prior express written permission, which permission may be withheld in our sole discretion. We make no
proprietary claim to any third-party names, trademarks or service marks appearing on Realty To Buy. Any
third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in,
or downloadable from, Realty To Buy (collectively, the "Content"), including, without
limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans,
are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective
work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective
Work"). All software used on Realty To Buy (the "Software") is our property or the property
of our software vendors and is protected by United States and international copyright laws. Viewing, reading,
printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership
or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your
infringement of our or any third party's intellectual property rights regarding the Trademarks, the Content, the
Collective Work, the Software and/or any other harm incurred by us or our affiliates as a direct or indirect result of
your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary
to the terms and conditions of this Agreement.
Your Use of the Content
We grant you a limited license to access, print, download or otherwise make
personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup
copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any
proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work.
You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public
display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective
Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States,
no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of
the Content and the Collective Work as permitted by this Agreement, is permitted by you without our express prior
written permission, which permission may be withheld in our sole discretion.
You may not use any meta tags or any other "hidden text" utilizing
our name or trademarks without our express written permission, which permission may be withheld in our sole
discretion.
Linking Policy
We encourage and permit you to include text links to content
on Realty To Buy on your website(s), provided that: (a) any text-only link must clearly be marked
"Realty To Buy," (b) any link that is not text-only must be our approved logo and accompanying
code; (c) the link must further Realty To Buy and its purpose; (d) the appearance, position, and other
aspects of the link and host website may not be misleading, fraudulent, or in any other manner damage or dilute the
goodwill associated with our name and trademarks, as determined by us in our sole discretion; (e) the appearance,
position and other aspects of the link and host website may not create the false appearance than an entity other than
us is associated with the link, or that the host website is sponsored by us; (f) the link, when activated by an
internet user, must display Realty To Buy full-screen and not with a "frame" on the linked
website; and (g) we reserve the right to revoke our consent to the link at any time, in our sole discretion, upon
notice to you or by amending this Agreement.
We are not responsible for any information, content, or materials contained or
provided for on any such host website. Links to Realty To Buy are allowed solely for convenience to
internet users and to further Realty To Buy and its purpose, and are not intended as an endorsement by us
of the organization or individual operating the host website or a warranty of any type regarding the host website or
the information on the host website.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other
similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or
monitor Realty To Buy or any portion of Realty To Buy or for any other purpose, without our
express written permission which may be withheld in our sole discretion. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large
load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display
any content (except for your personal information) from Realty To Buy without our prior written permission
and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working
of Realty To Buy or any activities conducted on Realty To Buy; or (iv) bypass measures we may
use to prevent or restrict access to Realty To Buy. Notwithstanding the foregoing, we grant the operators
of public search engines permission to use spiders to copy materials form Realty To Buy for the sole
purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but
not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in
specific cases. You shall not collect or harvest any personally identifiable information, including account names,
from Realty To Buy. You shall not use any communication systems provided on Realty To Buy (i.e.,
Forums or email) for any commercial or solicitation purposes. You agree not to solicit for commercial purposes any
users of Realty To Buy without our prior, written consent.
Electronic Communications
When you visit Realty To Buy or send email to us, you are communicating with us electronically. You consent
to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we
may also choose to communicate with you by e-mail or by posting notices on Realty To Buy. You agree that
all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer
hardware, Internet access services and other equipment or services needed to access and use Realty To Buy,
and all costs and fees associated with Internet access or long distance charges incurred with regard to your access
and use of Realty To Buy.
Third Party Links
There may be provided on Realty To Buy links to other websites
belonging to our advertisers, business partners, affiliates and other third parties. Such links do not constitute our
endorsement of those websites, nor the products or services listed on those websites. We are not responsible for the
activities or policies of those websites. We do not endorse or recommend the products of any particular advertiser,
business partner, affiliate or other third party.
Copyright Infringement
It is our policy to comply with the Digital Millennium Copyright Act, title
17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright
infringement, and other applicable intellectual property laws. We shall in appropriate circumstances disable and/or
terminate the accounts of users who may infringe or repeatedly infringe our or others' copyrights or other
intellectual property rights.
Notifications (each a "Notification") of claimed copyright
infringement should be sent via
email laura@RealtyToBuy.com
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective,
the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf
of the owner ("Complaining Party") 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the Complaining
Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining
Party may be contacted;
- A statement that the Complaining Party has 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 the Complaining Party is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
Upon receipt of the written Notification containing the information as
outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
- We will remove or disable access to the material that is alleged to be
infringing;
- We will forward the written Notification to the alleged infringer ("Subscriber");
and
- We will take reasonable steps to promptly notify the Subscriber that we
have removed or disabled access to the material.
Counter Notification:
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may
counter a Notification by providing a written communication ("Counter Notification") to our designated agent
that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was removed or access to it was
disabled;
- A statement under penalty of perjury that the Subscriber has a good faith
belief that the material was removed or disabled as a result of mistake or misidentification of the material to be
removed or disabled; and
- The Subscriber's name, address, and telephone number, and a statement that
the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address
is located, or if the Subscriber's address is outside of the United States, for any judicial district in which our
offices may be found, and that the Subscriber will accept service of process from the person who provided the
Counter Notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined
in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
- We will promptly provide the Complaining Party with a copy of the Counter
Notification;
- We will inform the Complaining Party that we will replace the removed
material or cease disabling access to the removed material within ten (10) business days; and
- We will replace the removed material or cease disabling access to the
removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter
Notification, provided our designated agent has not received notice from the Complaining Party that an action has
been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the
removed material on our network or system.
We Make No Representations or Warranties
The Content and all services and products associated
with Realty To Buy are provided to you on an "as-is" and "as available" basis. WE make
no representations or warranties of any kind, express or implied, as to the operation of Realty To Buy or
the information, content, materials, products or services included on or associated with Realty To Buy. You
expressly agree that your use of Realty To Buy and all products and services included on or associated
with Realty To Buy is at your sole risk.
we do not make any representations, warranties or guarantees, express or
implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated
with Realty To Buy, nor the safety, reliability, title, timeliness, completeness, merchantability,
conformity or fitness for a particular purpose of the Content or the services and products associated
with Realty To Buy. It is your sole responsibility to independently evaluate the accuracy, correctness or
completeness of the Content and the services and products associated with Realty To Buy. we make no
representation, warranty or guarantee that the Content that may be available for downloading
from Realty To Buy is free of infection from any viruses, worms, Trojan horses, trap doors, back doors,
easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or
destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information.
Realty To Buy is controlled and offered by us from our facilities
in the United States of America. We make no representations that Realty To Buy is appropriate or available
for use in other jurisdictions. If you access or use Realty To Buy from other jurisdictions, you do so by
your own volition and are solely responsible for compliance with local law.
Limitations on Our Liability
WE shall in no event be responsible to, or liable to, you, or any third party,
whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited
to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss
of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and
conditions of this Agreement; (ii) your access and use of Realty To Buy; (iii) your DELAY IN ACCESSING OR
inability to access or use Realty To Buy for any reason; (iv) your downloading of any of the Content or the
Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH Realty To Buy, OR OTHERWISE ARISING OUT OF THE
USE OF Realty To Buy, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR AFFILITES AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICRES, EMPLOYEES AND AGENTS
ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED
CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM
SUCH USER GEENRATER CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO REALTY TO BUY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the
exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers,
exclusions or limitations may not apply to you.
Your Indemnification of Us
You shall defend, indemnify and hold harmless us and our officers, directors,
shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims
and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or
violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personal information
requested or required by us; (iii) your access or use of Realty To Buy; (iv) access or use
of Realty To Buy under any password that may be issued to you; and/or (v) your transmissions, submissions
or postings (i.e., your own User Generated Content).
Amendments of this Agreement
We reserve the right to update, amend and/or change this Agreement at any time
in our sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to
revisit this Agreement from time to time in order to review any changes that have been made. Our last update was
September 12, 2007. Your continued access and use of Realty To Buy following the posting of any such
changes shall automatically be deemed your acceptance of all changes.
Our Remedies
You acknowledge that we may be irreparably damaged if this Agreement is not
specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or
threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and
remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual
damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such
breach or threatened breach shall be brought in the courts in Connecticut. You consent to the jurisdiction of such
court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree
that service of any court paper may be effected on such party by mail or in such other manner as may be provided under
applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
You agree that: (i) Realty To Buy shall be deemed solely based in
the State of Connecticut; and (ii) Realty To Buy shall be deemed a passive website that does not give rise
to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Connecticut.
This Agreement is to be governed by and construed in accordance with the internal laws of the State of Connecticut,
without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or
relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision
of this Agreement by you as provided above, shall be referred to final and binding arbitration, before a single
arbitrator, under the commercial arbitration rules of the state of Connecticut.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR
DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. By
using Realty To Buy you consent to these restrictions.
You and we shall select the arbitrator, and if you and we are unable to reach
agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the
American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party
requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and costs.
The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay
the arbitrator's fees and costs until the prevailing party is determined or the parties have agreed in writing to an
alternate allocation of fees and costs.
Should a Dispute arise and should the arbitration provisions herein become
inapplicable or unenforceable, or in any instance of any lawsuit between you and us, jurisdiction over and venue of
any suit shall be exclusively in the state and federal courts sitting in Connecticut.
Judgment upon any award rendered by the arbitrator shall be final, binding and
conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors
and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no
event shall either you or we be entitled to punitive damages and both you and we hereby waive your and our respective
rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any
loss of profit, revenue or business.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by
any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or
unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from
this Agreement.
The headings contained in this Agreement are for convenience of reference
only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the
meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this
Agreement, as may be amended by us from time to time, shall survive your acceptance of this Agreement and the
termination of this Agreement.
This Agreement and our Privacy Policy represent the entire understanding and
agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements,
understandings and/or representations regarding the same.
If you have questions, comments, concerns or feedback regarding this Agreement
or Realty To Buy, please contact us via any of the methods set forth below:
admin@realtytobuy.com
