Terms & Privacy
Effective Date: June 27, 2017
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Company hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, nonassignable, and revocable license to use the Website and services for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.
Absent prior written permission from Company, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Company.
This Website is provided “AS IS.” Content is provided for informational purposes only and should not be relied on for financial decisions. You should not rely upon any single source of information in purchasing real estate or making any financial or investment decisions. You should consult your financial professional and legal and/or tax advisor for advice about services or issues discussed or provided on this Website. Content may contain inaccuracies or errors and may change.
Site Visitors. The Site is only available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to allow access to or use of the Site to any user. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
You agree to comply with all laws regarding online conduct. You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Website. Website is operated in the United States and Company makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
In addition, you must abide by Company’s policies as stated in this Agreement and other policy documents listed on the Site, as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated herein by reference and each of which may be updated by Company from time to time without notice to you.
Several features on the Site require registration and creation of a member account. You must keep account information up-to-date and accurate at all times, including a valid email address. You may not transfer or sell your account or User ID to any other party. You must treat your account information as confidential and personal to you. Keep your password secure. Do not provide your username or password information to any other party. You agree that you are fully responsible for any and all activity, liability, and damage resulting from your failure to maintain password confidentiality. You also agree that Company cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree to notify Company immediately in the event of any unauthorized use of your password or any breach of security.
Terms of Sale. Use of the software and services offered on the Site requires payment of a subscription fee. Unless otherwise stated, all prices and fees are quoted in US Dollars (USD). If you elect to subscribe for our services, you shall pay all applicable fees, as described on the Site. All fees are exclusive of state and local sales or use taxes and any duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes. You agree to pay any such taxes that might be applicable to your use of the services and payments made to the Company. Company reserves the right to change its prices at any time, and any such changes or modifications shall be posted on the Site and effective immediately without need for further notice to any user. Any such changes or modifications in prices and fees shall be effective when the services are renewed and not during any paid subscription term. You authorize Company, directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information you provide. All fees relating to usage of the services are charged automatically using the payment method specified by you on file with Company for your user account. Your subscription will automatically renew at the end of the subscription period unless you cancel before the end of the current subscription period. You may cancel your subscription at any time, and the services will be discontinued upon the expiration of the respective period for which you have paid. Until Company receives a request from you to cancel your subscription, you acknowledge and understand that Company will continue to charge you as long as your account remains active, regardless of whether the services are used or not. Company will not refund any subscription fees already paid to us. You shall not have any claims against Company in relation to the discontinuation of the services. “Lifetime” subscriptions or forever access subscriptions shall be for the life of the Site only and not subscriber’s lifetime. The Site may be discontinued temporarily or permanently at the sole discretion of the Company at any time and after notice to users which shall be posted on the Site. All prices and fees are non-refundable unless otherwise expressly noted, even if the services are suspended or terminated prior to the end of a payment term. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligations hereunder and your use of the services will be automatically terminated. If you have any questions concerning your order, please contact us using the contact information available on the Site.
Non-Compete Clause. You understand and agree that Company’s business is national in scope and its reasonable competitive business interests extend across the United States. In consideration for your use of the Website, you agree that during the term of this Agreement, and for a period of thirty-six (36) months thereafter, you will not engage directly or indirectly in the sale, marketing, distribution, or promotion of any goods or services that are competitive with Company’s goods or services anywhere within the United States. You further agree that for a period of thirty-six (36) months after the termination of this Agreement, you will not enter into the employment of, have an interest in, whether as founder, proprietor, officer, director, or otherwise, or act as a consultant, agent, broker, licensor, advisor, or distributor of a direct competitor of Company.
Idea Submissions. Company considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users (“Material”) to be non-confidential and non-proprietary, and Company shall not be liable for the disclosure or use of such Material. Any communication by you to Company is subject to this Agreement. You hereby grant and agree to grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish, and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Resolution of Disputes and Release. In the event a dispute arises between you and Company, please contact Company. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Kent County, State of Michigan. You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Company agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Company (and Company’s officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Company encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Intellectual Property. Unless otherwise noted, all of the text, information, data, graphics, photographs, images, illustrations, animations, software, audio, video, and all other content on the Site (collectively, the “Content”) is subject to the copyright and other intellectual property rights of Company. All Content on the Site is the sole property of Company. Company reserves all rights not expressly granted in and to the Site and the Content. Subscribers on the Site are granted a limited, non-exclusive, revocable license to use the software provided on the Site for the sole purpose of buying and selling real estate. This limited license shall remain in effect until your subscription is terminated as provided in this Agreement. You agree not to engage in any use of the Content other than as expressly permitted by Company. The software and other Company Content may not be copied, distributed, modified, or reproduced in any medium or for any purpose without express written permission from Company. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or any of the Content therein.
“REtipster” and other trademarks, trade names, graphics, logos, domain names, designs, page headers, button icons, service names, and any other features of the REtipster brand (collectively, the “Trademarks”) are the sole property of Company. This Agreement does not grant you any license or right to use the Trademarks for any purpose, whether for commercial or noncommercial use. Company’s Trademarks may not be used except as expressly permitted by Company.
Access and Interference. Company does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Company’s control. You agree that you will not: (i) Take any action that imposes, or may impose, in Company’s sole discretion, an unreasonable or disproportionately large load on Company’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any user Content (except for your Content) without the prior express written permission of Company and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass Company’s robot exclusion headers or other measures Company may use to prevent or restrict access to Company.
Breach. Without limiting any other remedies, Company may, without notice, and without refunding any fees, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if Company suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents or guidelines listed on the Site; Company is unable to verify or authenticate any of your personal information or Content; or Company believes that a user is acting inconsistently with the letter or spirit of Company’s policies, has engaged in improper or fraudulent activity in connection with Company or the actions may cause legal liability or financial loss to Company’s users or to Company.
Privacy. Company takes your privacy seriously. As of the Effective Date of this Agreement, we do not sell or disclose your personally identifiable information to third parties. However, this policy may change and information may be disclosed in the event of bankruptcy, merger, or acquisition. Company uses reasonable data security measures to protect all Content and Site materials.
Disclaimer of Warranties. Company makes no representations or warranties as to your use of the Site and the services and assumes no liability or responsibility for the accuracy, or any error or omission, in the Content. We do not represent or warrant that use of the Service by you will not infringe rights of third parties. Third parties may provide some of the content available on the Site. Company does not guarantee the accuracy, integrity, or quality of the content provided by third parties. Neither we, nor any of our affiliates, or any of our employees, agents, content providers or licensors, make any representation or warranty of any kind regarding the Site or the Site content whatsoever.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS PROVIDE THE SITE AND COMPANY’S SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Liability Limit. IN NO EVENT SHALL COMPANY, AND (AS APPLICABLE) COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, EXEMPLARY, OR PUNITIVE ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, COMPANY’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT COMPANY’S LIABILITY IS EXPRESSLY LIMITED TO THE FEES YOU PAID THE COMPANY FOR THE USE OF THE MATERIALS ON THIS WEBSITE.
Indemnity. You agree to hold harmless, indemnify, and defend Company, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content or other data to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Company under the terms of this Agreement will not provide you with the right to control Company’ defense, and Company reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Company.
YOU AGREE TO INDEMNIFY AND HOLD COMPANY. AND (AS APPLICABLE) COMPANY’S OFFICERS, DIRECTORS, AFFILIATES, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR OTHER COMPANY POLICY DOCUMENTS, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
Choice of Law. This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Michigan, excluding its conflicts of laws rules, and the United States of America.
Survival. Any and all provisions in this Agreement relating to fees, service, content, licensing, information control, dispute resolution, Company’s intellectual property, data access and site interference, breach of the Agreement, privacy, warranty, limitation of liability, severability, the relationship(s) between and among Company, Site users, and third parties, and choice of law, survive any termination or expiration of this Agreement.
Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to REtipster, Attn: Legal Notices; 5355 Northland Dr. NE, Suite 132, Grand Rapids, MI 49525 (in the case of Company) or, in your case, to the email address you provide to Company. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Company may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Company. In such case, notice shall be deemed given three days after the date of mailing.
Disclosure. The services hereunder are offered by REtipster Publishing LLC, Attn: Legal Notices; 5355 Northland Dr. NE, Suite 132, Grand Rapids, MI 49525.
1. Types of Information Collected. We may collect certain personally identifiable information that you voluntarily provide to us when you purchase products, create an account, and/or contact us for customer service purposes. The types of information that may be collected include name, address, email address, telephone number, country of origin, and, as applicable, billing information. Other voluntarily provided information may include testimonials, product descriptions and/or reviews, and information provided when you participate in sweepstakes or contests, message boards and chat rooms, and/or other interactive areas of the Site.
You provide certain personally identifiable information to us when you register your email address with us for mailing list or other Site services and/or when you send email messages, submit forms, or transmit other information. If you correspond with us via email, we may retain the content of your email messages, your email address, and our responses. If you pose questions about the services, we may incorporate those questions onto an FAQ page.
We may also collect and/or our content server may collect certain non-personally identifiable information from your browser when you visit the Site, such as your IP address, cookies, and data about which pages you visit on the Site. This information helps us to administer the Site, analyze problems our servers or software, and to gather demographic information.
2. How We Use the Information. We use the information you submit to operate, maintain, and provide the features and functionality of the Service or otherwise in connection with our business in relation to the Site. If you provide an email address, it may be used to send you information, company news, updates, and/or related product or service information. You may unsubscribe from emails at any time by contacting us using the information provided on the Site. Any information you voluntarily submit for posting to the Site (for example, if you submit a testimonial or a question that would be appropriate for an FAQ) becomes available to the public. Even if you remove the content, copies may remain viewable in cached or archived pages if other users have copied or stored your content.
At this time, we do not sell or disclose your personally identifiable information to third parties. However, this policy may change and information may be disclosed in the event of bankruptcy, merger, or acquisition. Further, we may be required by law enforcement or judicial authorities to provide personal information to the appropriate governmental authorities. We will disclose personal information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
You are solely responsible for the protection of any Personal Information that you submit to the Website, and you are advised to review that Personal Information before you submit it to the Website. You acknowledge and agree that Company is not responsible for any third party links, content, or communications sent to you from entities or individuals that Company does not own or control. You are advised to review the privacy policies of third party websites.
Most internet browsers are set to automatically accept cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you reject all cookies, we cannot guarantee that all parts of our site will function properly.
5. Collection of Information by Third Parties. The Site may contain advertising which provides links to other sites whose information practices may be different than ours. In the course of advertisements being served to you, a unique third-party cookie or other advertising technology may be placed on your browser. This advertising technology uses information derived from your visits to the Site to target advertising within the Site. This information can be used for many purposes, for example, to ensure that you do not see the same advertisements repeatedly. We may also use this information to help select and display targeted advertisements that we believe may be of interest to you (sometimes called “online behavioral advertising” or “OBA”). We may also use web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising. Web beacons enable us to recognize a browser’s cookie when a browser visits the Site, to learn which banner ads bring users to our Site and to deliver more relevant advertising. For more information about online advertising, please visit http://www.aboutads.info/consumers.
California residents have the right to receive information that identifies any third party companies or individuals that Company has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party. You may obtain this information once a year and free of charge by contacting Company at the address below.
6. Children’s Privacy. The Site is in no way directed at or intended for children and/or any persons under the age of 18. As such, we do not knowingly collect personal information from children under 13 years of age without the prior, verifiable consent of a parent or legal representative. Website visitors may be asked to provide their date of birth or a parent’s email address as a verification mechanism. If we become aware that a child has posted any personal information on our website, we will remove the content.
REtipster Publishing LLC
5355 Northland Drive NE, Suite 132
Grand Rapids, MI 49525