updated Dec 03, 2006
RealEstateCritic Terms of Service
RealEstateCritic Terms of Service for Your Personal Use
Welcome! By using RealEstateCritic's software or other RealEstateCritic services ("REC Services"), you agree to be bound by the following terms and conditions (the "Terms of Service"). As used in this agreement, "REC Services" does not include use of RealEstateCritic on Client Sites.
Click here for Additional Terms of Service for RealEstateCritic Client Sites
.
Calculator Output Results by RealEstateCritic
The reports displayed as results by REC Services are dynamically created based in part on user-entered information. While we believe every effort has been made to assure accuracy, a calculation using REC Services may produce results that may be inaccurate. We cannot guarantee that a RealEstateCritic calculation will not be erroneous due to a software glitch, an incorrect formula, mis-interpretation of tax codes, misunderstanding of real estate law, or ignorance of local regulations. All information presented is believed to be accurate. The information, calculations, and data presented on this website and in the dynamically created reports shall not be considered a substitute for legal, accounting, tax, real estate, or other professional advice or service. Please seek proper legal, tax, real estate, and professional advice as appropriate before making any real estate related decisions. Under no circumstances shall RealEstateCritic.com be liable for any direct, indirect, incidental, special or consequential damages or losses that result from the use or the inability to use the content, information, services, and material referenced on this site.
Personal Use Only
The REC Services are made available for your personal, non-commercial use only. If you want to make commercial use of the REC Services, you must enter into a Client Site subscription agreement with RealEstateCritic to do so in advance.
Click here for Additional Terms of Service for RealEstateCritic Client Sites
.
No Automated Data Entry
You may not automated data entry of any sort to RealEstateCritic's system. Note that "automated data entry" includes, among other things, using any software which automatically enters data into RealEstateCritic data input files or any other form on the RealEstateCritic web site.
Privacy Policy
Click here to review RealEstateCritic's Privacy Policy
Changes In Terms and Conditions and RealEstateCritic Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Disclaimer of Warranties
RealEstateCritic disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of numerical or graphical information displayed in the REC SERVICES results reports. RealEstateCritic disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information. RealEstateCritic disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the REC SERVICES.
THE REC SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE REC SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. REALESTATECRITIC AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. REALESTATECRITIC AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE REC SERVICES. REALESTATECRITIC AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE REC SERVICES. REALESTATECRITIC AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE REC SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE REC SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE REC SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE REC SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL REALESTATECRITIC OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE REC SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF REALESTATECRITIC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE REC SERVICES, FROM INABILITY TO USE THE REC SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE REC SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE REC SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE REC SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE REC SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE REC SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE REC SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE REC SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall RealEstateCritic or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
Additional Terms of Service for RealEstateCritic Client Sites
All of the above Terms of Service also apply to RealEstateCritic Client Sites. By using RealEstateCritic's Client Site services ("REC CS Services"), you agree to be bound by these additional terms and conditions, regardless if you have paid to use REC CS Services or not. Your use of REC CS Services constitutes your agreement to these terms and conditions.
You agree to protect all the personal information of RealEstateCritic members provide to you via REC CS Services. YOU MAY NOT SELL, RENT, OR GIVE AWAY ANY REALESTATECRITIC MEMBER'S PERSONAL INFORMATION.
In addition to the Dislaimer of Warranties and Limitations on Liability clauses above, you shall indemnify, defend and save harmless RealEstateCritic, and its owners, officers, directors, employees and agents, from and against all liability, loss, cost or expense (including attorneys fees) by reason of liability imposed upon RealEstateCritic, arising out of or related to REC CS Services, whether caused by or contributed to by RealEstateCritic or any other party indemnified herein.
You agree to not give your custom html code to anyone else or allow them to use your REC CS Services on their site without prior written consent from RealEstateCritic.
A Client Site Subscription is a monthly contract which can be terminated at will by You or by REC. If REC terminates your monthly subsciption you will be refunded the prorated amount of your monthly subsciption if your subscription is terminated mid-month.
REC reserves the right to cancel a Client Site Subscription at any time. This may be due to, but is not limited to, a real or perceived conflict of interest, a real or perceived competitive disadvantage, or disapproval of Client Site's web content.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by RealEstateCritic.
If you love using
Real Estate Critic
software, let us know by sending us a small donation.
I'm sure you've done your research and found us to be one of the best and the only *free* online resource of our kind.
Compare prices and you will find other software charging $200 or more. So now donating $5 doesn't sound so bad, does it?
Home
|
Terms of Service
|
Privacy Policy
|
What's New
|
Useful Links
|
Client Sites
|
Link to Us
|
Contact Us
Copyright © 2004 RealEstateCritic
Real Estate Web Site Design
by
Spicore