|
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the REAA web
site located at www.reaa.com, and all associated sites linked to www.reaa.com
by REAA. The Site is the property of REAA. BY USING THE SITE, YOU AGREE
TO THESE TERMS OF USE.
REAA reserves the right, at its sole discretion, to change, modify, add or remove
portions of these Terms of Use, at any time. It is your responsibility to check
these Terms of Use periodically for changes. Your continued use of the Site
following the posting of changes will mean that you accept and agree to the
changes. As long as you comply with these Terms of Use, REAA grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Site.
Refund/Cancellation Policy - cancellations must be made 48
hours prior to event start time to avoid charges. COD orders outside the cancellation
period will billed. Refunds may be subject to restocking or transaction charge.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code (collectively, “Content”), including
but not limited to the design, structure, selection, coordination, expression,
“look and feel” and arrangement of such Content, contained on the Site is owned,
controlled or licensed by or to REAA, and is protected by trade dress, copyright,
patent and trademark laws, and various other intellectual property rights and
unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and
no Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way (including
“mirroring”) to any other computer, server, Web site or other medium for publication
or distribution or for any commercial enterprise, without REAA's express prior
written consent.
You may use information on REAA products and services (such as data sheets,
knowledge base articles, and similar materials) purposely made available by
REAA for downloading from the Site, provided that you (1) not remove any proprietary
notice language in all copies of such documents, (2) use such information only
for your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media, (3)
make no modifications to any such information, and (4) not make any additional
representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual
process, to access, acquire, copy or monitor any portion of the Site or any
Content, or in any way reproduce or circumvent the navigational structure or
presentation of the Site or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not purposely made available
through the Site. REAA reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of
the Site, or any other systems or networks connected to the Site or to any REAA
server, or to any of the services offered on or through the Site, by hacking,
password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network
connected to the Site, nor breach the security or authentication measures on
the Site or any network connected to the Site. You may not reverse look-up,
trace or seek to trace any information on any other user of or visitor to the
Site, or any other customer of REAA, including any REAA account not owned by
you, to its source, or exploit the Site or any service or information made available
or offered by or through the Site, in any way where the purpose is to reveal
any information, including but not limited to personal identification or information,
other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or REAA's systems
or networks, or any systems or networks connected to the Site or to REAA.
You agree not to use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site or any transaction being conducted
on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any message or transmittal you send to REAA on or through the
Site or any service offered on or through the Site. You may not pretend that
you are, or that you represent, someone else, or impersonate any other individual
or entity.
You may not use the Site or any Content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of REAA or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services
and to specific portions or features of the Site, including contests, promotions
or other similar features, all of which terms are made a part of these Terms
of Use by this reference. You agree to abide by such other terms and conditions,
including where applicable representing that you are of sufficient legal age
to use or participate in such service or feature. If there is a conflict between
these Terms of Use and the terms posted for or applicable to a specific portion
of the Site or for any service offered on or through the Site, the latter terms
shall control with respect to your use of that portion of the Site or the specific
service.
REAA's obligations, if any, with regard to its products and services are governed
solely by the agreements pursuant to which they are provided, and nothing on
this Site should be construed to alter such agreements.
REAA may make changes to any products or services offered on the Site, or to
the applicable prices for any such products or services, at any time, without
notice. The materials on the Site with respect to products and services may
be out of date, and REAA makes no commitment to update the materials on the
Site with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you
to open an account (including setting up an REAA ID and password). You are entirely
responsible for maintaining the confidentiality of your account information,
including your password, and for any and all activity that occurs under your
account. You agree to notify REAA immediately of any unauthorized use of your
account or password, or any other breach of security. However, you may be held
liable for losses incurred by REAA or any other user of or visitor to the Site
due to someone else using your REAA ID, password or account.
You may not use anyone else's REAA ID, password or account at any time without
the express permission and consent of the holder of that REAA ID, password or
account. REAA cannot and will not be liable for any loss or damage arising from
your failure to comply with these obligations.
Privacy
REAA's Privacy Policy applies to use of this Site, and its terms are made a
part of these Terms of Use by this reference. To view REAA's Privacy Policy,
click here . Additionally, by using the Site, you acknowledge
and agree that Internet transmissions are never completely private or secure.
You understand that any message or information you send to the Site may be read
or intercepted by others, even if there is a special notice that a particular
transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the REAA Site
This Site may contain links to other independent third-party Web sites (“Linked
Sites”). These Linked Sites are provided solely as a convenience to our visitors.
Such Linked Sites are not under REAA's control, and REAA is not responsible
for and does not endorse the content of such Linked Sites, including any information
or materials contained on such Linked Sites. You will need to make your own
independent judgment regarding your interaction with these Linked Sites.
Disclaimers
REAA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE
SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED,
OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS
CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION
PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. REAA CANNOT ENSURE
THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES
OR CONTAMINATION OR DESTRUCTIVE FEATURES. REAA DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. REAA DISCLAIMS ANY AND ALL LIABILITY FOR
THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED
TO YOUR USE OF THE SITE AND/OR ANY REAA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY
FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST REAA
FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR
ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN
THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by
any failure of performance, error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus, communication line failure,
theft or destruction of or unauthorized access to, alteration of, or use, whether
for breach of contract, tort, negligence or any other cause of action.
REAA reserves the right to do any of the following, at any time, without notice:
(1) to modify, suspend or terminate operation of or access to the Site, or any
portion of the Site, for any reason; (2) to modify or change the Site, or any
portion of the Site, and any applicable policies or terms; and (3) to interrupt
the operation of the Site, or any portion of the Site, as necessary to perform
routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will REAA be liable to you for any
indirect, consequential, exemplary, incidental or punitive damages, including
lost profits, even if REAA has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, REAA is found
to be liable to you for any damage or loss which arises out of or is in any
way connected with your use of the Site or any Content, REAA's liability shall
in no event exceed the greater of (1) the total of any subscription or similar
fees with respect to any service or feature of or on the Site paid in the six
months prior to the date of the initial claim made against REAA, or (2) US$25.00.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation
may not apply to you.
Indemnity
You agree to indemnify and hold REAA, its officers, directors, shareholders,
predecessors, successors in interest, employees, agents, subsidiaries and affiliates,
harmless from any demands, loss, liability, claims or expenses (including attorneys'
fees), made against REAA by any third party due to or arising out of or in connection
with your use of the Site.
Violation of These Terms of Use
REAA may disclose any information we have about you (including your identity)
if we determine that such disclosure is necessary in connection with any investigation
or complaint regarding your use of the Site, or to identify, contact or bring
legal action against someone who may be causing injury to or interference with
(either intentionally or unintentionally) REAA's rights or property, or the
rights or property of visitors to or users of the Site, including REAA's customers.
REAA reserves the right at all times to disclose any information that REAA deems
necessary to comply with any applicable law, regulation, legal process or governmental
request. REAA also may disclose your information when REAA determines that applicable
law requires or permits such disclosure, including exchanging information with
other companies and organizations for fraud protection purposes.
You acknowledge and agree that REAA may preserve any transmittal or communication
by you with REAA through the Site or any service offered on or through the Site,
and may also disclose such data if required to do so by law or REAA determines
that such preservation or disclosure is reasonably necessary to (1) comply with
legal process, (2) enforce these Terms of Use, (3) respond to claims that any
such data violates the rights of others, or (4) protect the rights, property
or personal safety of REAA, its employees, users of or visitors to the Site,
and the public.
You agree that REAA may, in its sole discretion and without prior notice, terminate
your access to the Site and/or block your future access to the Site if we determine
that you have violated these Terms of Use or other agreements or guidelines
which may be associated with your use of the Site. You also agree that any violation
by you of these Terms of Use will constitute an unlawful and unfair business
practice, and will cause irreparable harm to REAA, for which monetary damages
would be inadequate, and you consent to REAA obtaining any injunctive or equitable
relief that REAA deems necessary or appropriate in such circumstances. These
remedies are in addition to any other remedies REAA may have at law or in equity.
You agree that REAA may, in its sole discretion and without prior notice, terminate
your access to the Site, for cause, which includes (but is not limited to) (1)
requests by law enforcement or other government agencies, (2) a request by you
(self-initiated account deletions), (3) discontinuance or material modification
of the Site or any service offered on or through the Site, or (4) unexpected
technical issues or problems.
If REAA does take any legal action against you as a result of your violation
of these Terms of Use, REAA will be entitled to recover from you, and you agree
to pay, all reasonable attorneys' fees and costs of such action, in addition
to any other relief granted to REAA. You agree that REAA will not be liable
to you or to any third party for termination of your access to the Site as a
result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including
all disputes, will be governed by the laws of the United States and by the laws
of the State of California without regard to its conflicts of laws provisions.
You agree to the personal jurisdiction by and venue in the state and federal
courts in Sacramento County, California, and waive any objection to such jurisdiction
or venue. Any claim under these Terms of Use must be brought within one (1)
year after the cause of action arises, or such claim or cause of action is barred.
No recovery may be sought or received for damages other than out-of-pocket expenses,
except that the prevailing party will be entitled to costs and attorneys' fees.
In the event of any controversy or dispute between REAA and you arising out
of or in connection with your use of the Site, the parties shall attempt, promptly
and in good faith, to resolve any such dispute. If we are unable to resolve
any such dispute within a reasonable time (not to exceed thirty (30) days),
then either party may submit such controversy or dispute to mediation. If the
dispute cannot be resolved through mediation, then the parties shall be free
to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
REAA administers and operates the www.reaa.com site from its location in Sacramento,
California USA. Although the Site is accessible worldwide, not all features,
products or services discussed, referenced, provided or offered through or on
the Site are available to all persons or in all geographic locations, or appropriate
or available for use outside of California. REAA reserves the right to limit,
in its sole discretion, the provision and quantity of any feature, product or
service to any person or geographic area. Any offer for any feature, product
or service made on the Site is void where prohibited. If you choose to access
the Site from outside the United States, you do so on your own initiative and
you are solely responsible for complying with applicable local laws.
Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other
tribunal of competent jurisdiction to be void or unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary and replaced
with a valid provision that best embodies the intent of these Terms of Use,
so that these Terms of Use shall remain in full force and effect. These Terms
of Use constitute the entire agreement between you and REAA with regard to your
use of the Site, and any and all other written or oral agreements or understandings
previously existing between you and REAA with respect to such use are hereby
superseded and cancelled. REAA will not accept any counter-offers to these Terms
of Use, and all such offers are hereby categorically rejected. REAA's failure
to insist on or enforce strict performance of these Terms of Use shall not be
construed as a waiver by REAA of any provision or any right it has to enforce
these Terms of Use, nor shall any course of conduct between REAA and you or
any other party be deemed to modify any provision of these Terms of Use. These
Terms of Use shall not be interpreted or construed to confer any rights or remedies
on any third parties.
Rights and Permissions
If you have any questions concerning the usage or licensing of REAA copyrighted
materials, for example, photographs, video footage, REAA advertisements or other
REAA materials, please submit your detailed request in writing. Please be sure
to include any surrounding copy or text to the REAA material.
Requests may be emailed to reaaappraiser@earthlink.net,
or mailed to REAA , PO Box 661706, Sacramento, CA 95866.
Piracy Prevention
REAA actively and aggressively enforces its intellectual property rights to
the fullest extent of the law. REAA works closely with the Software Publishers
Association (SPA) and the Business Software Alliance (BSA) to combat software
piracy worldwide.
REAA's Unsolicited Idea Submission Policy
REAA or any of its employees do not accept or consider unsolicited ideas, including
ideas for new advertising campaigns, new promotions, new or improved products
or technologies,product enhancements, processes, materials, marketing plans
or new product names. Please do not send any original creative artwork, suggestions
or other works. The sole purpose of this policy is to avoid potential misunderstandings
or disputes when REAA's products or marketing strategies might seem similar
to ideas submitted to REAA. So, please do not send your unsolicited ideas to
REAA or anyone at REAA. If, despite our request that you not send us your ideas,
you still send them, then regardless of what your letter says, the following
terms shall apply to your idea submission.
TERMS OF IDEA SUBMISSION
You agree that: (1) your ideas will automatically become the property of REAA,
without compensation to you, and (2) REAA can use the ideas for any purpose
and in any way, even give them to others.
PRODUCT FEEDBACK
REAA does, however, welcome your feedback regarding many areas of REAA's existing
business. If you want to send us your feedback, and we hope you do, we simply
request that you send it to us using the form found at reaaappraiser@earthlink.net
Software and Documentation Information
Third Party Companies and Products
Mention of third-party products, companies and web sites on the REAA web site
is for informational purposes only and constitutes neither an endorsement nor
a recommendation. REAA assumes no responsibility with regard to the selection,
performance or use of these products or vendors. REAA provides this only as
a convenience to our users. REAA has not tested any software found on these
sites and makes no representations regarding the quality, safety, or suitability
of any software found there. There are dangers inherent in the use of any software
found on the Internet, and REAA assumes no responsibility with regard to the
performance or use of these products. Make sure that you completely understand
the risks before retrieving any software on the Internet.
REAA utilizes various third party products to provide many Site features (calendar, chat, etc.). REAA assumes no responsibility with regard to the performance or use of these products. REAA reserves the right at any time to discontinue any functions and/or features provided by REAA or third party vendors. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. REAA shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Updated 03/01/04
Effective January 2003