Terms of Use

By using Real Estate Link Exchange (Directory), also known as “RealEstateLinkExchange.com,” in any way you agree to these terms. These Terms of Use (“TOU”) are a contract between you and RealEstateLinkExchange.com (“RealEstateLinkExchange.com”) and its parents, successors, subsidiaries and affiliates. You agree that this electronic version of these terms has the same force and effect as an agreement in writing, and that any disputes or claims under the TOU will be resolved by a court located in the State of Idaho, USA. If you cannot or will not follow the provisions in the TOU, you agree not to use the Directory.

Directory has not been customized for use in any specific territory and, therefore, we do not ensure or assume the responsibility that the Directory complies with applicable local laws and regulations in any specific country or jurisdiction, or any territory in which you elect to use the Directory. You are solely responsible for compliance with local laws that may be applicable to your use of the Directory.

We may modify the TOU at any time without notice. If you do not agree to any changes, you sole remedy is to stop using the Directory. Your use of the Directory after the effective date of any changes will constitute your agreement to the changes.

Privacy Policy

The only personally identifiable information about you (“PII”) (e.g., your name, e-mail or physical address, or telephone number) that the Directory receives is any PII you choose to include in the submission form if you submit a site for consideration for inclusion in the Directory. We use such PII only in connection with the provision of the Directory and for the purpose of evaluating volunteer editors, and do not use it for marketing purposes. We do not share your PII with any outside companies. As explained below, volunteer editors for the Directory may have access to certain PII.

When you use or access the Directory, we automatically receive and store certain information from your browser, including your IP address; your browser type; access date and time; the referring Web site address; the Directory page you requested; and in the case of a search, the specific search terms requested. We use this information for purposes of security, to learn more about how the Directory is used, and to improve the quality and usefulness of the Directory. We do NOT link any of this information with PII, and we do not share this information with any outside companies. We reserve the right to create a retention policy for PII and browser information for our business purposes, including the prevention of fraud and abuse of the Directory.

Volunteer editors may receive PII about you in four circumstances: (1) if you correspond directly with an editor (e.g., to ask a question about a category) or submit information about yourself, the editor will of course learn your e-mail address, as well as any other PII you choose to share in the e-mail; (2) if you submit a site for consideration for inclusion in the Directory, editors may access any PII you include in the submission form (e.g., your e-mail address), as well as your IP address; (3) if you file a report through the Public Abuse Report system, editors may access any PII you include in the submission form; and (4) if you apply to become an editor, editors can access any PII you provide in your application. Because the Directory editors are volunteers, their use of this PII is not subject to this Privacy Policy or terms of use.

If you have any questions regarding your privacy, please contact the RealEstateLinkExchange.com staff.

Your Responsibilities When Using the Directory

You are responsible for your own activities when using the Directory. You will not disrupt the functioning of the Directory or otherwise act in a way that interferes with other users’ use of the Directory or harms others. You will follow all applicable laws and regulations, and will follow this TOU. You will not participate in, facilitate or further illegal activities.

You are solely responsible for the content you upload, transfer, send, mail, forward, post or otherwise provide to us (collectively referred to as “post” in this TOU) and the consequences of sharing or publishing such content with others or the general public. This includes any personal information you choose to submit or share using the Directory. YOU ACKNOWLEDGE AND AGREE THAT NETSCAPE IS NOT RESPONSIBLE FOR ANY CONTACT, INTERACTION, LOSS OF PRIVACY, AND ANY OTHER CONSEQUENCES THAT OCCUR BETWEEN YOU AND ANY OTHER USER OF THE Directory OR THE PUBLIC AND THAT THE ENTIRE RISK FALLS ON YOU.

In addition to these terms, if you submit a site for possible inclusion in the Directory, you agree to comply with and be bound by the Directory Submission Policies. In addition, if you apply and are selected to be an editor of the Directory, you agree to comply with and be bound by the Directory Editor Guidelines

If you serve as an editor of the Directory, you agree that (a) RealEstateLinkExchange.com, its affiliates, and their licensors are the owners of valuable confidential information, including but not limited to information about users’ online behavior and use of the Directory and other sites owned by RealEstateLinkExchange.com or its affiliates (collectively, the “Confidential Information”), (b) in the performance of your editorial duties, you may receive or become aware of Confidential Information, and (c) unauthorized disclosure of any Confidential Information would irreparably damage RealEstateLinkExchange.com, its affiliates and licensors. You agree that any Confidential Information may be used only as reasonably necessary to carry out your duties as an editor of the Directory, and that you will not at any time during or after your term of service as an editor of the Directory use Confidential Information for any other purpose or disclose any Confidential Information to any other person.

RealEstateLinkExchange.com Discretion Over Content, Use, And Operation of The Directory

We may edit, move, or delete any content on the Directory (including content that you have provided) or terminate all or part of the Directory without notice or liability for any reason at our sole discretion. You acknowledge that RealEstateLinkExchange.com and the Directory staff, together with its editors, have unfettered editorial discretion to determine the structure and content of the Directory and that, because a site’s placement in the directory is subject to change or deletion at any time, you may not rely on any aspect of a site’s inclusion in the directory. You agree to waive any claim related to the inclusion, placement, exclusion, or removal of any site in the Directory or to the title or description of any site appearing in the Directory.

We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content on the Directory originating with or otherwise provided by third parties.

We may preserve or disclose information about users, including those who submit sites for possible inclusion in the Directory, if required to do so by law or in the good faith belief that doing so is necessary to (a) comply with legal process; (b) enforce these terms; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of RealEstateLinkExchange.com, its users, or the public; or (e) administer the Directory.

Links to Third-Party Sites

We provide links to other internet sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for any aspects of those sites, including their availability, content, accuracy, legality or delivery of services. You waive any claim resulting from your exposure to material on or through the Directory that is offensive, indecent, or otherwise objectionable.

Indemnification

Upon request by us, you will indemnify RealEstateLinkExchange.com, and its subsidiaries, affiliates, officers, agents, suppliers and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from a breach of this TOU for which you are responsible or from the user of or conduct on the Directory. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for us in that matter.

Disclaimer / Limitation of Liability

WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE Directory, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE Directory ON AN “AS IS, AS AVAILABLE” BASIS. YOU USE IT AT YOUR OWN RISK, AND NETSCAPE, ITS AFFILIATES, EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Copyright Assignment

(Note: If you are only submitting an URL(s) to be included in the directory, this copyright assignment only applies to the site description that you want included in the Directory, but doesn’t extend to the actual web site or its content).

To enable us to take appropriate action in the event of infringements by third parties, and in consideration for the opportunity to use and participate in the Directory, you hereby assign to RealEstateLinkExchange.com Inc. the copyright in any material (whether site descriptions, directory organization, or otherwise) that you create and submit for inclusion or use in the Directory. RealEstateLinkExchange.com hereby licenses back to you a nonexclusive, royalty-free right to use any such material. You further warrant that you have all rights necessary to authorize the distribution and re-distribution of any material you submit for inclusion or use in the Directory. You will provide information that we reasonably request related to any claim that material you submit infringes the rights of a third party.

Proprietary Rights

The content on the Directory and its design, structure, and compilation are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. It is very easy to copy things in cyberspace, but not necessarily always acceptable or legal. Unless otherwise noted, you may view, copy, download, and print RealEstateLinkExchange.com documents from the Directory so long as you use them only for personal, non-commercial purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. Any further use of the Directory or its content is governed by the Open Directory License. For permission to use third-party materials appearing on or linked from the Directory, please contact the copyright owner.

Claims of Copyright Infringement

We respect the intellectual property rights of others and reserve the right to terminate any user’s access to the Directory if we are notified that such user’s activities infringe the rights of third parties. If you believe that your work has been copied and is accessible on the Directory in a way that constitutes copyright infringement, please contact us here.

General Terms

This Agreement constitutes the entire agreement between you and RealEstateLinkExchange.com and governs your use of the Directory, superseding any prior agreements. You represent and warrant to us that you have the legal capacity to enter into this Agreement with RealEstateLinkExchange.com. Additional or different terms and conditions may apply when you use affiliated websites, third-party content, or third-party software. The laws of the State of Idaho, USA except for its conflict-of-law provisions govern this Agreement and our relationship. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Idaho for any claim or dispute with RealEstateLinkExchange.com or any of its subsidiaries, affiliates, officers, agents, or employees. Our failure to enforce any right under this Agreement will not waive that right. If any provision of this Agreement is invalid, the Agreement should be interpreted to effect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to the Directory within one year after it arises. The section titles in this Agreement are for convenience only and have no substantive effect.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE State of Idaho, USA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE State of Idaho, USA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS