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ACCEPTANCE
OF TERMS OF SERVICE Thank
you for visiting REALPRO CORP. Please read these Terms of Use
("Terms") carefully before accessing or using this website
("Site"). By accessing or using the Site, you agree to be
bound, without limitation or qualification, by the Terms. If you do not
accept any of the Terms stated here, do not use the Site. REALPRO CORP
may, in its sole discretion, modify or revise these Terms at any time by
updating this web page. You are bound by any such modification or
revision and should therefore visit this page periodically to review the
Terms. In addition, your use of the Site is subject to the additional
disclaimers and caveats that may appear throughout the Site. You may
also wish to review the REALPRO CORP Privacy Policy before using this
Site.
ACCEPTABLE
SITE USE The
Site may be used only for lawful purposes by individuals seeking
information about REALPRO CORP and
Keywords, to use the REALPRO CORP Service or to register to the services
offered on the Site. REALPRO CORP specifically prohibits any use of the
Site, and you agree not to use the Site, for any specific prohibited use
or to violate the Site security, as explained below.
You
agree not to use the Site to:
- Operate
any device, software or routine to interfere or attempt to interfere
with the proper working of the Site or any activity being conducted
on the Site;
- Commence
any action which imposes an unreasonable or disproportionately large
load on the Site's infrastructure;
- Interfere
with or disrupt the Site or servers or networks connected to the
Site, or disobey any requirements, procedures, policies or
regulations of networks connected to the Site;
- Access
the Site by any means other than through the interface that is
provided by REALPRO CORP for use in accessing the Site;
- Intentionally
or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
- If
you have a password allowing access to a non-public area of the
Site, disclose or share your password with, any third parties or use
your password for any unauthorized purpose;
- Use
or attempt to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search the
Site other than the navigation engine and search agents available
from REALPRO CORP
on the Site and other than generally available third party web
browsers (e.g., Microsoft Explorer, NeoPlanet, Netscape Navigator);
- Engage
in the practices of "screen scraping" or "database
scraping" to obtain lists of Keywords, URLs, users,
registrants, affiliates, or other information;
- Attempt
to decipher, decompile, disassemble or reverse the engineering of
any of the software comprising or in any way making up a part of the
Site;
- Frame
Site content in another web page;
- Collect
or store personal data about other users of the Site or registrants
of Keywords;
- Except
as expressly provided elsewhere on the Site, reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any
portion of the Site, use of the Site, or access to the Site.
WEB
SITE SECURITY You
agree not to violate the security of the Site, including, without
limitation, (a) accessing data not intended for you or logging into a
server or account which the user is not authorized to access, (b)
attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization, (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting
a virus to the Site, overloading, "flooding",
"spamming", "mail bombing" or "crashing",
(d) sending unsolicited e-mail, including promotions and/or advertising
of products or services, to any email address listed on the Site, or (e)
forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting. You agree and acknowledge that
violations of the Site's security may result in civil or criminal
liability, and that REALPRO CORP will investigate any possible violation
of the Sites' security and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such
violations.
REGISTRANT&
AFFILIATE ACCOUNTS, PASSWORDS AND SECURITY Certain areas of
the Site are accessible only to registrants and affiliates of REALPRO
CORP. If you are such a registrant or affiliate, you will receive
a password and account designation upon completing the Site's
registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account, whether or
not authorized by you. You agree to (a) immediately notify REALPRO CORP
of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the end
of each session. REALPRO CORP cannot and will not be liable for any loss
or damage arising from your failure to comply with these terms.
LINKS TO
THIRD-PARTY SITES The
Site and the REALPRO CORPS Service provide links to other Internet sites
or resources. Because REALPRO CORP has no control over such sites and
resources, you acknowledge and agree that REALPRO CORP is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that REALPRO CORP
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on
or through any such site or resource.
DEALINGS
WITH ADVERTISERS - Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the
Site, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You
agree that REALPRO CORP shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Site, including
claims for violation of privacy.
INDEMNITYYou
agree to indemnify and hold REALPRO CORP, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
use of the Site or your breach of these Terms, or your violation of any
rights of another.
DISCLAIMER
OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF
THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. REALPRO CORP EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. REALPRO CORP MAKES NO WARRANTY THAT (i) THE SITE WILL MEET
YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS
OR SERVICES PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN ANY SOFTWARE USED ON THE
SITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS ROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM REALPRO CORP OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION
ON LIABILITY - YOU
EXPRESSLY UNDERSTAND AND AGREE THAT REALPRO CORP SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REALPRO CORP HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE
OR THE INABILITY TO USE THE SITE OR ANY OTHER MATTER RELATING TO THE
SITE.
MODIFICATIONS
TO SITE - REALPRO
CORP reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site (or any part thereof)
with or without notice. You agree that REALPRO CORP shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of the Site.
INTELLECTUAL
PROPERTY - REALPRO
CORPS Trademark
Information: REALPRO CORP, the REALPRO CORP Logo and the Keywords by
REALPRO CORP signature logo are service marks of REALPRO CORP.
Without prior permission, you agree not to display or use in any
manner the REALPRO CORP service marks.
REALPRO
CORP respects the intellectual property of others and we ask our Keyword
registrants and Site users to do the same. If you believe that your work
has been copied and posted on the Site in a way that constitutes
copyright infringement, please provide REALPRO CORPS' Copyright Agent
with a Notice of claim of copyright infringement containing the
following information:
- an
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- a
description of the copyrighted work that you claim has been
infringed;
- a
description of where the material that you claim is infringing is
located on the Site;
- your
address, telephone number, and email address;
- a
statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
- a
statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
REALPRO
CORPS' Copyright Agent for Notice of claims of copyright infringement on
the Site is listed at the bottom of this page.
GENERAL
INFORMATION These Terms supercede any prior agreements between you
and REALPRO CORP concerning your use of the Site, except any applicable
registration or affiliate or other similar agreement you have entered
into with REALPRO CORP, which will continue in full force in effect by
its own terms. The Terms and the relationship between you and REALPRO
CORP shall be governed by the laws of the State of California without
regard to its conflict of law provisions. You and REALPRO CORP agree to
submit to the personal and exclusive jurisdiction of the state courts
located within the county of Weber, Utah, or federal courts in the
Northern District of Utah. The failure of REALPRO CORP to exercise or
enforce any right or provision of the Terms shall not constitute a
waiver of such right or provision. If any provision of the Terms is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of the Terms remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Site or the Terms must be
filed within one (1) year after such claim or cause of action arose or
be forever barred.
The
section titles in the Terms are for convenience only and have no legal
or contractual effect.
VIOLATIONS
OF THE TERMS
Please
report any violations of these Terms to:
Vice
President of Legal and Corporate Affairs
REALPRO CORP
4939 Larkspur Lane
Ogden, UT 84405-4425
Tel: (801) 476-7250
Fax: (801) 476-7250
Email: gomillion@move2ut.com |
