The Real Estate Professional
Terms of Use
(Last Modified April 30, 2010)
Welcome to the The Real Estate Professional web site (the "Web Site"). The goal of this Web Site is to provide a one-stop resource for information for real estate and mortgage professionals, as well as links to other sources of information and assistance (the "Content"). Please read our Terms of Use (the "Terms") carefully before continuing on with your use of this Web Site. These Terms shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms.
We reserve the right to modify and update these Terms of Use at any time. We post the date of the most recent modification in the heading of the Terms of Use. When you use this Website after we have posted modifications, you agree to be bound by the Terms as most recently revised.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.
This Web Site also provides links to other web sites which may or may not be affiliated with this Web Site and/or The Real Estate Professional, and that may have terms of use that differ from the terms specified here. When you access such Web Sites through links provided on this Web Site you are governed by the Terms of Use and policies of those sites, not this Web Site. Please read the Terms of Use posted on those Web Sites.
PRIVACY
Registration data and other information that you provide while using this site is subject to our Privacy Policy. For more information, please review our full Privacy Policy.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by The Real Estate Professional, a business unit of North American Consulting Group, Inc. All content on this Web Site, including, but not limited to text, images and illustrations, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and is owned and controlled by The Real Estate Professional or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to The Real Estate Professional.
You may not copy, reprint or post to your Website any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another Web Site any of the Content or other materials on this Web Site without prior written consent of The Real Estate Professional.
Content on this Web Site or any Web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. Subscribers are authorized to copy Content and/or information contained herein for use in their own companies, but non-subscribers may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of The Real Estate Professional or the Providers. Your modification of the Content, use of the Content on any other web site or networked computer environment without the prior written consent of The Real Estate Professional or the Providers, constitutes a violation of the rights of the owners of The Real Estate Professional and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited.
THIRD-PARTY COPYRIGHT NOTICE
The Real Estate Professional contains text, photo, graphic, audio and/or video material licensed from several third party content providers ("Third Party Content"). Third Party Content shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither Third Party Content, nor any portion thereof, may be stored in a computer except for personal or non-commercial use. Neither The Real Estate Professional nor any third party content provider will be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
COPYRIGHT COMPLAINTS
The Real Estate Professional respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on The Real Estate Professional, please contact us at the address listed below under the heading "Contact Us."
LINKS
This Web Site may contain links to other web sites ("Linked Sites”). Such Linked Sites are provided solely for your convenience and information and you access them at your own risk. The content of any Linked Site is not under The Real Estate Professional’s control, and The Real Estate Professional is not responsible for, and does not endorse such content, whether or not The Real Estate Professional has a business affiliation with the owners of such Linked Sites.
SUBSCRIPTION AND REGISTRATION
Certain areas of The Real Estate Professional may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of The Real Estate Professional. You may also provide information to The Real Estate Professional in other contexts, including, for example, Letters to the Editor or Opinion Polls. When you register or become a subscriber or sponsor of The Real Estate Professional or provide information to The Real Estate Professional in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that The Real Estate Professional may use the information you provide to us according to the Privacy Policy on our Website.
If you become a subscriber or sponsor of The Real Estate Professional, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your account or password or any of your rights as a subscriber or sponsor. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access The Real Estate Professional using your name in whole or in part. The Real Estate Professional reserves the right to terminate the subscription or sponsorship and deny access to the Website to any person who violates this Terms of Service.
USER-CREATED CONTENT
By placing material on, or communicating with, The Real Estate Professional, including for example communication during registration, communication on any The Real Estate Professional message area, sponsorship profile information or ontribution of articles or anecdotes, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant The Real Estate Professional, its affiliates and related entities, including The Real Estate Professional, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us in any public area of The Real Estate Professional, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize The Real Estate Professional to include the information you provide in a searchable format that may be accessed by users of The Real Estate Professional and the Web Sites of our Affiliates or Providers. You also grant The Real Estate Professional and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant The Real Estate Professional the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and you may not permit others to use this Web Site, to: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (c) upload, post, email or otherwise transmit any content unless you have the explicit right or permission to do so; (d) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; or (e) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the Content without our prior written permission, provided that generally available third party Web browsers such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.
DISCLAIMER OF WARRANTIES AND LIABILITY
Content on this Web Site is provided “as is” and without any warranties, express or implied. Other than those warranties which are implied by law and are incapable of exclusion, restriction or modification, The Real Estate Professional disclaims any and all warranties, express of implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. Neither The Real Estate Professional, nor the Providers, nor any person involved in the creation, production and distribution of this Web Site warrant that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.
Content provided on this site is for your convenience. Neither The Real Estate Professional nor any Providers warrant or make any representations regarding the results that may be obtained from the use of this Web Site, or as to the reliability, accurace or currency of any information, content, service and/or merchandise acquired pursuant to your use of this Web Site.
You expressly agree that neither The Real Estate Professional nor any affiliates or related entities (including its Providers, Web Hosting service providers and their suppliers), nor any of their respective employees or agents, nor any person or entity involved in the creation, production, distribution, hosting, and/or operation of this Web Site, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, cliam, liability or other cause of any kind or character whatsoever, based upon or resulting from the use or attempted use of this Web Site or any other Linked Site, including, without limitation, use of or access to any related software or hardware.
You expressly agree that The Real Estate Professional is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
You expressly agree that use of this Web Site is at your sole risk and that you, and not The Real Estate Professional nor any Providers assume the entire cost of all necessary servicing, repair or correction of your system resulting from or related to your use of this Web Site or any Linked Sites
As a condition to your use of this Web Site, you agree that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, nor in violation of the Acceptable Use Policy of the Web Site hosting service provider, which can be accessed at http://www.alentus.com/about/terms.asp. If you violate any of these Terms, your permission to use our Web Site is immediately terminated without the necessity of any notice. The Real Estate Professional retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Real Estate Professional, the Providers, and Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of The Real Estate Professional, its Providers, and Web Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
JURISDICTION
This Web Site is controlled and operated by The Real Estate Professional from its offices in Saint Louis, Missouri. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Missouri, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or The Real Estate Professional brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in and for Saint Louis, Missouri and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
ENTIRE AGREEMENT
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between The Real Estate Professional, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein.