Last Updated: February 21, 2018
1. Your Acceptance of These Terms
2. Changes to the Terms
RESI reserves the right to change the Terms or modify any features of the Website at any time in its sole discretion. We may periodically change the Terms, so please check these Terms from time to time. We’ll post notice of modifications to these Terms on this page. If you do not agree to the modified terms for the Website, you must discontinue your use of the Website. The continued use of the Website following the posting of changes to these Terms will constitute your acceptance of those changes.
3. About the Website
We offer this Website as an informational tool only. The design and function of the Website and the contents of both, such as text, financial and market information, financial analysis and calculator functions, blog posts, graphics, images, audio and video files, user help files, user interface, layout and presentation, analytic and demographic data relating to your use of the Website, and other material contained in the Website are for informational purposes only.
Copyright in the Website (including text, graphics, logos, icons, sound recordings and software) is owned or controlled by, or licensed to, us. Other than for the purposes of, and subject to the conditions prescribed under, relevant copyright law, and except as expressly authorized by these Terms, you may not in any form or by any means, without our written permission:
i. Adapt, reproduce, store, distribute, copy, print, display, perform, publish or create derivative works from any part of the Website or from any information obtained from the Website; or
ii. Commercialize any information, products or services obtained from any part of this Website.
b. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to United States Code, Title 17, Section 512(c)
If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent (as set forth below) the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §512:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact the complaining party;
v. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
5. Trade and Service Marks
All rights in the product names, company names, trade names, service marks, designs, logos, trade dress, slogans, and product packaging of RESI products or services (collectively, the “Trademarks”), whether or not appearing in large print or with the trademark symbol, belong exclusively to RESI, its affiliations, or their respective licensors, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these Trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any trademark of RESI, its affiliations, or any third party. You agree that you will not refer to or attribute any information to RESI, its affiliations, or any of their respective licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not imply any endorsement by or relationship with, RESI, its affiliations, or any of their respective licensors.
6. Third Parties
We are not a party to any transactions that may occur between you and a third party through the Website, including, without limitation, property owners, property managers, or third party employees. We are not a party to any contract or other agreement between you and such third parties. WE ARE NOT AND SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, DOCUMENTS, AGREEMENTS, OBLIGATIONS OR OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS AND SUCH THIRD PARTIES THROUGH THE SITE.
This Website may utilize map technology and related content licensed to us from third parties. By using such features available on the Website, you agreed to be bound and hereby are bound by the applicable policies, terms and conditions of such third party service provider.
a. License by RESI
We grant you a limited, non-exclusive and non-transferable license to access and use the Website exclusively for your own personal, noncommercial use or the internal business needs of the entity of which you are an authorized representative, and subject to your compliance with these Terms. Such license may be automatically suspended or terminated by us for any reason. You are authorized to print a copy of any information contained on the Website for your own personal use, unless such printing is expressly prohibited. All rights not otherwise expressly granted by these Terms are reserved by us. If you do not comply with the Terms at any time, we reserve the right to revoke the aforementioned license.
b. License by You
By submitting, posing, creating, uploading or otherwise contributing material to the Website (“Submitted Material”), you grant us a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, transferable and royalty-free license to exercise any and all copyright, trademark and other intellectual property rights in Submitted Material. You warrant that you have the right to submit any Submitted Material and that the material does not infringe any rights of any third party or at law. To the extent that you have any moral rights in relation to any Submitted Material, you hereby irrevocably and unconditionally consent to any amendment of the intellectual property in any manner by us (and our successors and assigns) for the purposes of the our business without further reference to you.
8. Dispute Resolution
You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of these Terms, or that in any way relate to your use of the Website, and/or content on the Website, shall be submitted exclusively to binding arbitration held in the English language in New York, New York, U.S.A. pursuant to the rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part, of this Agreement is void or voidable. Further, if you are located outside of the United States, we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other appropriate country. You acknowledge and agree that we are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both of us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. This “Dispute Resolution” section will survive any termination of these Terms. You further acknowledge that any claim arising under this Agreement will be brought within one year of its accrual or it will be waived.
9. Mobile Access
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Website on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using Services, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges, and you accept responsibility for all mobile provider fees.
We use reasonable efforts to maintain the Website, but we are not responsible for any defects or failures associated with the Website, any part thereof, any content posted using the Website or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which we may undertake from time to time, or (c) causes beyond our control or which are not foreseeable by us.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE ARE NOT LIABLE TO YOU FOR YOUR USE OF SITE
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
12. Limitation of liability
IN NO EVENT WILL RESI, ANY OF ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE RESI AND ITS AFFILIATES FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RESI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESI’S AND ITS AFFILIATES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RESI AND ITS AFFILIATES DISCLAIM ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless RESI, its affiliates, and each of their respective directors, officers, managers, employees, and agents from and against any and all claims, losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from your use of the Website or violation of these Terms.
14. Compliance with Applicable Laws
When you access or use the Website, you are required to comply with all applicable laws and any other conditions or restrictions in any written or online notice from RESI (including these Terms). As a condition of your access to and use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. The Website is offered for your personal and non-commercial use only, and RESI does not grant you any express or implied rights to access or use the Website for any other purpose.
We make no representation that the Website is appropriate to or available in locations outside of the United States. You may not use the Website or export content in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.
Without limiting the generality of the foregoing, you agree not to
a. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
b. Interfere with any other users’ rights to privacy and publicity, including by harvesting or collecting information from or about users;
c. Upload or otherwise transmit any communication, software, or materials that contain a virus or is otherwise harmful to RESI’s or its users’ computers or systems;
d. Access the Website through any automated means, including “robots” and “spiders;”
e. Breach or circumvent any laws, third party rights (including intellectual property rights) or terms applicable to you;
f. Engage in any fraudulent activity;
g. Modify, adapt, sell or reverse engineer any part of the Website;
h. Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
i. Be under 18 years old;
j. Advertise, or solicit, any user to buy or sell any products or services, unless authorized by us;
k. Create or compile, directly or indirectly, any collection, compilation, database or directory from the Website content;
l. Use the Website in any manner that could interfere with any other party’s use and enjoyment of the Website;
m. Use the Website as part of an effort to compete with us;
n. Delete the copyright or other proprietary rights notice from any content or any portion of the Website;
o. Use the Website for any illegal purposes including but not limited identity fraud or credit card fraud;
p. License, sell and/or otherwise provide access to and/or use of the Website to any third party, including without limitation for purposes of building a competitive product and/or service;
q. Post false, inaccurate, misleading, deceptive, defamatory or libelous content;
r. Use our Website if you are not able to form legally binding contracts or are suspended from using our Website; or
s. Infringe the intellectual property of any third party.
15. Linked Websites
The Website may contain links to other websites. Those links are provided for convenience only. They might not be maintained and their content might not be current. We are not responsible for the content or privacy practices associated with linked websites. Links to any such websites on the Website should not be construed as an endorsement, approval or recommendation by us of that website or any content contained therein.
We can suspend or terminate these Terms at any time for any or no reason. Once you learn that we have suspended or terminated your access to the Website, you agree not to try to access the Website. The obligations that you have to us under these Terms will continue even after we suspend or terminate your access to the Website.
a. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RESI as a result of these Terms or your access to and use of the Website. These Terms do not create any third party beneficiary rights.
c. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
d. The laws of New York will apply to any disputes arising out of or relating to these Terms or the Website; and shall govern the validity and effect of these Terms; all without regard to its conflicts or choice of laws principles.
e. The captions and headings of these Terms are included for ease of reference only and will be disregarded in interpreting and construing these Terms.
f. We accept no liability for any failure by us to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
g. The failure of RESI to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
h. The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period.
18. Contact Us