Terms and Conditions
We do not provide services or sell products to children. By accessing or using the Website, and/or registering for Encompass REI membership, you represent and warrant that you are at least eighteen (18) years of age.
You may not use the Website in violation of the Terms of Service, in violation of any applicable laws or regulations, or to violate the rights of any person or entity. Without limiting the foregoing, you may not: impersonate another Website user; attempt to gain unauthorized access to any other user’s information or any other private areas of the Website; use the Website for advertising, promotional or other commercial purposes, except in those forums (if any) where such activities are expressly permitted; use automated means, including but not limited to scripts, spiders, robots, crawlers, or data mining tools, to post content to or download content from the Website; engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website; “stalk” or otherwise harass anyone, or contact any user that has not specifically asked to be contacted; engage in or promote any activity, or post or transmit any content, that is illegal, threatening, abusive, offensive, obscene, harassing, defamatory, deceptive, false, misleading, inaccurate, unsafe, invasive of another’s privacy, or endangering of minors in any way; promote discrimination of any kind against any group or individual; or infringe the copyrights or other intellectual property rights of us or any third party.
COMPENSATION DISCLOSURE POLICY, IF ANY, IS PART OF THESE TERMS AND CONDITIONS
If there is a Compensation Disclosure Policy HERE, the policy is part of, and subject to, these terms and conditions of use.
MODIFICATIONS AND TERMINATIONS
We hereby grant to you a personal, non-exclusive, non-transferable license to use the Website and, if applicable, membership on any computer that you own or control, solely for your own business purposes, and solely for the Website’s and membership’s intended purpose and in compliance will all applicable laws and regulations. You understand that we reserve the right to terminate your license to use our Website, access our Website, and/or terminate your membership at any time and for any reason, and/or take other action, with or without prior notice to you.
Other users or third parties may make services or goods available through the Website. You understand that we do not verify the qualifications of such users or third parties, nor do we evaluate or control in any ongoing manner exchanges between you and such third parties. We have no control over and assume no responsibility for the content posted by other users or members of the Website. It is possible that other users may post offensive or inappropriate content, and that you may view or be involuntarily exposed to such offensive or inappropriate content. We do not approve of such conduct. However, we are not responsible for the content or conduct of other users of the Website, and shall have no liability for any actions or inaction taken in connection therewith. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions of us. We make no representations or warranties, express or implied, as to the content submitted by users, and shall have no obligation to modify or remove inaccurate or inappropriate content.
THIRD PARTY LINKS
INTELLECTUAL PROPERTY RIGHTS POLICY
Company provides an internet-based real estate website hosting service to its members, which members use to list, market, sell, invest and otherwise manage real estate listings. You are prohibited from using our service to modify, upload, post, distribute or otherwise display images, photos or other materials that infringe third party intellectual property rights (such as copyright, trademark, trade dress and right of publicity) (collectively, “Materials”). All Materials that you upload are automatically stored to the Website. We do not review any Materials before you upload them to the Website. By using our service, you assume full responsibility for all of the Materials that you upload to the Website, and for complying with this Intellectual Property Rights Policy. You represent and warrant that: (i) the Materials are your own, original work; (ii) the Materials do not contain any computer virus, are otherwise uncorrupted, are wholly original to you; (iii) you have all rights by ownership or license to the Materials, the individual elements of the Materials, and all copyright related thereto; (iv) the Materials do not infringe any copyright or violate any property rights, privacy rights, publicity rights or any other rights of any other person or entity; and (v) the Materials do not and will not violate any applicable laws. You will defend, indemnify and hold harmless the Company and/or its licensees, members and users against all claims, suits, costs, damages and expenses that Company and/or its licensees, members and users may sustain by reason of any breach or alleged breach of any of the warranties, representations or agreements of you hereunder, or from your Materials. It is our policy to terminate the accounts of users who repeatedly infringe the copyrights of others upon receipt of proper notification by the copyright owner or its legal agent.
If you believe that your intellectual property rights have been infringed by a member of our service, please provide our Intellectual Property Rights Agent with a notification that contains the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed.
- Identification of the copyright, trademark or other rights that have been allegedly infringed.
- Your name, address, telephone number and email address.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law.
- that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
You, upon providing, uploading and/or posting your Materials, hereby irrevocably grants to Company, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to display, reproduce, exhibit, distribute, copy, exploit or make any use or non-use of the Materials.
THE WEBSITE AND ALL INFORMATION ON AND SERVICE PROVIDED THROUGH OUR WEBSITE IS PROVIDED ON AN ”AS IS,” ”AS AVAILABLE” BASIS. YOU AGREE THAT ALL USE OF OUR WEBSITE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE FEATURES, FUNCTIONALITY, OR MATERIALS MADE AVAILABLE ON OR THROUGH THE WEBSITE AND EXPRESSLY DISCLAIM, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN OUR WEBSITE WILL BE CORRECTED OR THAT ANY FEATURES, FUNCTIONS OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE TRUE, ACCURATE, COMPLETE, UP-TO-DATE, OR FREE FROM VIRUSES, MALICIOUS CODE, TYPOGRAPHICAL ERRORS OR ALTERATION BY THIRD PARTIES.
INFORMATION ON OUR WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NOT TO BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
LIMITATIONS OF LIABILITY
OBSCENE AND OFFENSIVE CONTENT
We are not responsible for any obscene, slanderous or offensive content that you receive or view from others while using our Website. However, if you do receive or view such content, please contact us by e-mail to [email protected] so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene, slanderous or offensive material posted to our Website.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to obey all applicable laws while using our Website.
You agree that the laws of Missouri govern these terms and conditions of use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in St. Louis Missouri, United States. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
HOW TO CONTACT US
Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to [email protected], and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
THIRD PARTY BENEFICIARIES
Copyright 2008-2009 Law Office of Michael E. Young PLLC, and licensed for use by the owner of this website at my.encompassrei.com. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.
No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.