Terms

August 18, 2009

The submission of information to, and use of, the real estate information services (collectively, the “Service”) available through the REI Blogger web site (located at http://www.REI Blogger.com) is subject to the following terms and conditions (the “Terms and Conditions” or the “Agreement”). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer (”Customer”) AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and REI Blogger, Inc. (”REI Blogger” or the “Company”). You also agree to the REI Blogger Listing Policy & Guidelines (the “Listing Policies”) and Privacy Policy, both of which are available by hyperlink at the top of this page.
If you do not agree to these Terms and Conditions and to the Listing Policies and Privacy Policy, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: REI Blogger, Inc., 4840 SW 11 Ct. Plantation, FL 33317. REI Blogger may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the REI Blogger website.
GENERAL PROVISIONS
Membership Privileges
Membership privileges are granted by REI Blogger to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the REI Blogger web site without express written permission from REI Blogger. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of REI Blogger. REI Blogger requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the REI Blogger system. Members are not permitted to share their individual logon information with others. REI Blogger has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the REI Blogger website, or abuses their rights related to the REI Blogger service. Upon registration, which is free, Customer becomes a Basic Member. A Basic Member may search the REI Blogger property listings Service, and will receive a subset of results of the available properties matching the Customer’s designated search parameters. In order to view all the available results for a given search, the Customer must upgrade to a Premium Subscription. A Basic Member may also list properties on the Service, but such Customer’s listings will only be able to be fully accessed and viewed in the search results of Premium Subscribers.
REI Blogger utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant REI Blogger the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes REI Blogger determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. REI Blogger will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will REI Blogger have any liability for sending any email to its registered users/customers.
Submission and Administration of Listings
Listings that are not modified or renewed within a 30-day period are no longer viewable on REI Blogger.com. Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property’s data to REI Blogger unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer’s website or on REI Blogger website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the REI Blogger website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the REI Blogger website. Additionally, the Customer agrees to allow submitted Property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website, the REI Blogger website and other REI Blogger partner websites. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the REI Blogger website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the REI Blogger system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer’s website or on the REI Blogger website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to REI Blogger. REI Blogger may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.
Use of Information
Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to REI Blogger. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of REI Blogger. REI Blogger does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the active property listings in the Service solely to obtain initial information from which further evaluation and investigation may commence.
Customer shall limit access to and use of active property listings, member directory, REI Blogger Market Reports information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the REI Blogger Service as part of any effort to compete with REI Blogger, including without limitation using the REI Blogger Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential REI Blogger customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the REI Blogger Service. Customer shall not use any robot, spider or other automated process to monitor, data mine or copy REI Blogger products, services or information; decompile, decode or reverse engineer REI Blogger software; or use REI Blogger products or services in an unlawful manner, such as for offensive, abusive, tortuous, libelous, defamatory or other illegal purposes. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.
Passwords/Logins Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. REI Blogger is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.
Nature of Customer’s Business
If Customer or an Affiliate of Customer owns properties and intends to market them directly via the Service, such Customer represents to REI Blogger that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Payment Terms
Customer agrees to pay for all products ordered through the REI Blogger web site or via the REI Blogger sales team using the payment method indicated, and provides REI Blogger express authorization to charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of REI Blogger products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, REI Blogger may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. A customer choosing to cancel a prepaid subscription prior to the end of its prepaid term may also be subject to a $15 processing fee. No partial month refunds will be provided.
Subscriptions will automatically renew using the Customer’s current credit card account number unless Customer cancels their subscription on the REI Blogger Web site at three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer’s email account on record with REI Blogger. If Customer has a question about a cancellation, Customer should contact REI Blogger Client Services. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the “My Account” tab within the “My REI Blogger” section, once Customer has logged into www.REI Blogger.com. REI Blogger does not validate all credit card information required by the Customer’s payment provider to secure payment.
The Customer must notify REI Blogger about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to REI Blogger attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.
Premium Subscriptions
REI Blogger offers a paid Premium Subscription membership to its active property listing service: (i) a paid subscription product for those Customers who primarily utilize the Service to actively searches for real estate opportunities. A Customer who purchases either a subscription are granted by REI Blogger to individuals exclusively and are granted specifically to the subscribing Premium User only. Premium Subscription rights can not be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium User without the express written permission of REI Blogger. Customer acknowledges that REI Blogger (in addition to its other remedies) can cancel and prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. REI Blogger also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Membership subscriptions continue to renew at the prevailing level regardless of Customer’s searching activity on REI Blogger.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the REI Blogger Web site three (3) days prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.
Unsolicited Commercial Email (Spam)
REI Blogger prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email The Broker, Email a Friend service or other email services that REI Blogger offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. REI Blogger has the right to revoke the privileges of any customer or company that breaches these terms.
Termination
REI Blogger reserves the right to terminate a Customer’s membership at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of REI Blogger services, nonpayment of fees owed by you in connection with REI Blogger services, account inactivity or technical or security issues. Upon termination, REI Blogger shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
REI Blogger retains all rights (including Intellectual Property Rights as defined below), title and interest in the REI Blogger Web site, technology and brochures, Email Alert database, technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of REI Blogger technology or delete or alter author attributes or copyright notices. Customer shall use the REI Blogger system solely for their own use and shall not allow others to use the REI Blogger system under or through that Customer’s login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL REI Blogger BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF REI Blogger SERVICES, OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy, and REI Blogger entire liability under this Agreement shall be a refund to Customer of the fees paid to REI Blogger hereunder, and in no event will REI Blogger liability for any reason exceed such fee. REI Blogger (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify REI Blogger (and REI Blogger officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
Warranty Disclaimers
THE LISTINGS, SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. REI Blogger MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND REI Blogger SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. REI Blogger MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO REI Blogger SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM REI Blogger’ WEB SITE, INCLUDING LISTINGS IS ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REI Blogger OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Maps and Directions Disclaimer
The maps and directions information provided by REI Blogger have been obtained from sources believed reliable, including Microsoft Virtual Earth. Microsoft Virtual Earth is supplied by Microsoft Corporation, and its use is subject to Microsoft’s applicable Terms of Use. While REI Blogger does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. Customer assumes all risk of use. Neither REI Blogger nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Customer’s use of and/or reliance on Customer’s use of REI Blogger information, products or services.
Links to Third Party Sites
This web site may contain hyperlinks to other web sites operated by parties other than REI Blogger, Inc. and its subsidiaries which are beyond REI Blogger control. Parties other than REI Blogger may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use REI Blogger logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the REI Blogger site. REI Blogger does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. REI Blogger does not assume any liability for the actions, product, and content of all of these and any other third parties. REI Blogger makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the REI Blogger site, the site you will land on is not controlled by REI Blogger and different terms of use and privacy statements may apply. REI Blogger also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Other Rights of REI Blogger.
Customer agrees that REI Blogger shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by REI Blogger customers and partners. REI Blogger shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. REI Blogger shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. REI Blogger reserves the right to modify or change any and all terms and conditions at any time.
Governing Law
This Agreement, and the Deliverables provided by REI Blogger, shall be governed by the laws of the State of Florida, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Broward County, Florida for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of REI Blogger, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of REI Blogger to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.
Notices
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at REI Blogger.
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.

The submission of information to, and use of, the real estate information services (collectively, the “Service”) available through the REI Blogger web site (located at http://www.REI Blogger.com) is subject to the following terms and conditions (the “Terms and Conditions” or the “Agreement”). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer (”Customer”) AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and REI Blogger, Inc. (”REI Blogger” or the “Company”). You also agree to the REI Blogger Listing Policy & Guidelines (the “Listing Policies”) and Privacy Policy, both of which are available by hyperlink at the top of this page.

If you do not agree to these Terms and Conditions and to the Listing Policies and Privacy Policy, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: REI Blogger, Inc., 4840 SW 11 Ct. Plantation, FL 33317. REI Blogger may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the REI Blogger website.

GENERAL PROVISIONS

Membership Privileges
Membership privileges are granted by REI Blogger to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the REI Blogger web site without express written permission from REI Blogger. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of REI Blogger. REI Blogger requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the REI Blogger system. Members are not permitted to share their individual logon information with others. REI Blogger has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the REI Blogger website, or abuses their rights related to the REI Blogger service. Upon registration, which is free, Customer becomes a Basic Member. A Basic Member may search the REI Blogger property listings Service, and will receive a subset of results of the available properties matching the Customer’s designated search parameters. In order to view all the available results for a given search, the Customer must upgrade to a Premium Subscription. A Basic Member may also list properties on the Service, but such Customer’s listings will only be able to be fully accessed and viewed in the search results of Premium Subscribers.

REI Blogger utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant REI Blogger the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes REI Blogger determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. REI Blogger will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will REI Blogger have any liability for sending any email to its registered users/customers.

Submission and Administration of Listings
Listings that are not modified or renewed within a 30-day period are no longer viewable on REI Blogger.com. Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property’s data to REI Blogger unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer’s website or on REI Blogger website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the REI Blogger website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the REI Blogger website. Additionally, the Customer agrees to allow submitted Property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website, the REI Blogger website and other REI Blogger partner websites. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the REI Blogger website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the REI Blogger system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer’s website or on the REI Blogger website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to REI Blogger. REI Blogger may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.

Use of Information
Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to REI Blogger. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of REI Blogger. REI Blogger does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the active property listings in the Service solely to obtain initial information from which further evaluation and investigation may commence.

Customer shall limit access to and use of active property listings, member directory, REI Blogger Market Reports information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the REI Blogger Service as part of any effort to compete with REI Blogger, including without limitation using the REI Blogger Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential REI Blogger customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the REI Blogger Service. Customer shall not use any robot, spider or other automated process to monitor, data mine or copy REI Blogger products, services or information; decompile, decode or reverse engineer REI Blogger software; or use REI Blogger products or services in an unlawful manner, such as for offensive, abusive, tortuous, libelous, defamatory or other illegal purposes. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.

Passwords/Logins Members, registered users and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. REI Blogger is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, logon information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, logon or password information.

Nature of Customer’s Business
If Customer or an Affiliate of Customer owns properties and intends to market them directly via the Service, such Customer represents to REI Blogger that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.

Payment Terms
Customer agrees to pay for all products ordered through the REI Blogger web site or via the REI Blogger sales team using the payment method indicated, and provides REI Blogger express authorization to charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of REI Blogger products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, REI Blogger may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. A customer choosing to cancel a prepaid subscription prior to the end of its prepaid term may also be subject to a $15 processing fee. No partial month refunds will be provided.

Subscriptions will automatically renew using the Customer’s current credit card account number unless Customer cancels their subscription on the REI Blogger Web site at three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer’s email account on record with REI Blogger. If Customer has a question about a cancellation, Customer should contact REI Blogger Client Services. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.

It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the “My Account” tab within the “My REI Blogger” section, once Customer has logged into www.REI Blogger.com. REI Blogger does not validate all credit card information required by the Customer’s payment provider to secure payment.

The Customer must notify REI Blogger about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to REI Blogger attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.

Premium Subscriptions
REI Blogger offers a paid Premium Subscription membership to its active property listing service: (i) a paid subscription product for those Customers who primarily utilize the Service to actively searches for real estate opportunities. A Customer who purchases either a subscription are granted by REI Blogger to individuals exclusively and are granted specifically to the subscribing Premium User only. Premium Subscription rights can not be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium User without the express written permission of REI Blogger. Customer acknowledges that REI Blogger (in addition to its other remedies) can cancel and prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. REI Blogger also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Membership subscriptions continue to renew at the prevailing level regardless of Customer’s searching activity on REI Blogger.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the REI Blogger Web site three (3) days prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.

Unsolicited Commercial Email (Spam)
REI Blogger prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email The Broker, Email a Friend service or other email services that REI Blogger offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. REI Blogger has the right to revoke the privileges of any customer or company that breaches these terms.

Termination
REI Blogger reserves the right to terminate a Customer’s membership at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of REI Blogger services, nonpayment of fees owed by you in connection with REI Blogger services, account inactivity or technical or security issues. Upon termination, REI Blogger shall have no obligation to maintain or forward any content in your account.

Ownership and License Grant
REI Blogger retains all rights (including Intellectual Property Rights as defined below), title and interest in the REI Blogger Web site, technology and brochures, Email Alert database, technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of REI Blogger technology or delete or alter author attributes or copyright notices. Customer shall use the REI Blogger system solely for their own use and shall not allow others to use the REI Blogger system under or through that Customer’s login ID/email and password.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Limitation of Liability and Indemnification
IN NO EVENT SHALL REI Blogger BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF REI Blogger SERVICES, OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy, and REI Blogger entire liability under this Agreement shall be a refund to Customer of the fees paid to REI Blogger hereunder, and in no event will REI Blogger liability for any reason exceed such fee. REI Blogger (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify REI Blogger (and REI Blogger officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.

Warranty Disclaimers
THE LISTINGS, SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. REI Blogger MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND REI Blogger SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. REI Blogger MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO REI Blogger SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM REI Blogger’ WEB SITE, INCLUDING LISTINGS IS ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REI Blogger OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

Maps and Directions Disclaimer
The maps and directions information provided by REI Blogger have been obtained from sources believed reliable, including Microsoft Virtual Earth. Microsoft Virtual Earth is supplied by Microsoft Corporation, and its use is subject to Microsoft’s applicable Terms of Use. While REI Blogger does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. Customer assumes all risk of use. Neither REI Blogger nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Customer’s use of and/or reliance on Customer’s use of REI Blogger information, products or services.

Links to Third Party Sites

This web site may contain hyperlinks to other web sites operated by parties other than REI Blogger, Inc. and its subsidiaries which are beyond REI Blogger control. Parties other than REI Blogger may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use REI Blogger logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the REI Blogger site. REI Blogger does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. REI Blogger does not assume any liability for the actions, product, and content of all of these and any other third parties. REI Blogger makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the REI Blogger site, the site you will land on is not controlled by REI Blogger and different terms of use and privacy statements may apply. REI Blogger also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of REI Blogger.
Customer agrees that REI Blogger shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by REI Blogger customers and partners. REI Blogger shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. REI Blogger shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. REI Blogger reserves the right to modify or change any and all terms and conditions at any time.

Governing Law
This Agreement, and the Deliverables provided by REI Blogger, shall be governed by the laws of the State of Florida, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Broward County, Florida for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.

Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of REI Blogger, which retains the right to withhold consent in its sole discretion.

Waiver and Severability
The failure of REI Blogger to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.

Notices
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at REI Blogger.

Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.

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