Outline of Terms of Use:
For your convenience,
here is a
section-by-section
outline of the Terms of
Use. To go directly to a
specific section
contained in these Terms
of Use, click on the
appropriate link below.
General
Realty Pro Auctions,
Inc. and its
subsidiaries and
corporate affiliates
(collectively,
"RPA")
operate a family of Web
sites and associated Web
pages. RPA refers to
this group of Web sites
as the
"RPA
Network™." Any
person accessing or
using the RPA Network is
referred to as “you”.
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Acceptance of Terms
By accessing or using
any part of the RPA
Network or the services
provided on it or other
Web sites as set forth
below (collectively, the
“Services”), you
agree to accept and
comply with the terms,
conditions, and notices
stated herein and as may
be modified by RPA from
time-to-time without
notice to you (the “Terms
of Use”). These
Terms of Use constitute
a binding contract
between RPA and you. You
are responsible for
regularly reviewing the
Terms of Use. You can
review the most current
version of the Terms of
Use at any time at:
http://www.realtyproauctions.com/company/terms.cfm.
If you do not wish to be
bound by these Terms of
Use, please do not
access or use any part
of the RPA Network.
Additional terms may
govern use of certain
Web sites or Web pages
within the RPA Network.
In the event that any
provision, term or
guideline contained on a
particular Web site or
Web page in the RPA
Network conflicts with
the Terms of Use, the
terms of such Web site
or Web page shall
control over the Terms
of Use except with
respect to the General
Terms set forth below,
which shall at all times
control.
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General Use of the RPA
Network
Unless specified
otherwise, RPA offers
you access to the RPA
Network solely for your
personal and
commercial uses. You
agree to only access or
use the RPA Network
only for legal purposes
that are permitted by
the Terms of Use. Among
other things, you agree
not to:
-
Except with the
express written
permission of RPA,
modify, copy,
distribute,
transmit, display,
perform, reproduce,
publish, license,
create derivative
works from, frame in
another Web page,
use on any other Web
site, transfer or
sell any
information,
software, lists of
users, databases or
other lists,
products or services
provided through or
obtained from the
RPA Network,
including without
limitation, engaging
in the practices of
"screen scraping,"
"database scraping,"
or any other
activity with the
purpose of obtaining
lists of users or
other information;
-
Damage, disable,
overburden, or
impair the RPA
Network or interfere
with any other
party's use and
enjoyment of the
RPA Network;
-
Obtain or attempt to
obtain any materials
or information
through any means
not made readily
accessible by RPA
through the RPA
Network.
Except with the express
written permission of
RPA, you agree that you
will not create links
from any Web site or Web
page to any page within
the RPA Network;
provided however
you may create a link
directly to any of the
RPA Network home pages,
including, but not
limited to the page
currently located at
http://www.realtyproauctions.com/.
The origin of any link
to any RPA Network home
page must be accompanied
by a clear and prominent
attribution indicating
that the link is
connected to the RPA
Network home page. By
creating a link to the
RPA Network, you agree
that (a) you will not
employ any technology
that results in the
placement of content
from the RPA Network in
a frame and/or a reduced
pop-up window and/or any
other display mechanism
which changes appearance
of the RPA Network from
how it would appear if a
user typed the URL in a
typical browser line,
(b) your site shall not
display content or link
to other web sites that
contain content that is
illegal, obscene,
indecent, disparaging,
discriminating or
otherwise offensive, (c)
you have duly registered
your domain name and
possess all rights
necessary to use the
same, and (d) you shall
not in any manner
access, collect, store,
disclose, transfer or
use any information
obtained or derived from
a user's access to or
use of the RPA Network.
RPA reserves the right
to revoke your
permission to create
such link at any time in
its sole discretion and
you agree to immediately
cease using the link at
any time that RPA so
requests.
You agree that RPA may
in its sole discretion
and at any time
terminate your access to
and use of the RPA
Network, or any part
thereof, with or without
notice. You further
agree that use of the
RPA Network and any of
its Services shall be
immediately terminated
if you violate these
Terms of Use. In
addition, RPA reserves
the right, in its sole
discretion, to modify or
discontinue the Services
or any portion thereof,
with or without notice,
and without liability to
you.
The Services provided
through the RPA Network
may also be located on
third party Web sites or
applications, via a
link, click-through
advertising, or
otherwise. Nothing
contained in any of
these Services is an
offer or promise by RPA
to sell a specific
product for a specific
price or that any
advertiser will sell any
product or service for
any purpose or price or
on any specific terms.
In addition, RPA does
not make any
representation or
warranty with respect to
such third party
Services, and is not
responsible for their
accuracy, sufficiency,
veracity, completeness,
or timeliness. You are
responsible for
confirming the
sufficiency and
reliability of any third
party Services, and you
hereby release RPA from
any and all claims,
demands, liability and
damages (actual or
consequential) of every
kind and nature, known
and unknown, suspected
or unsuspected,
disclosed or
undisclosed, arising out
of or in any way
connected with your use
of such Services.
Further, please note
that certain of the
interactive Services may
be financial or mortgage
tools that provide
information and
customized information
based on user-entered
data. These tools are
for the purpose of
performing calculations,
and are not an offer to
lend. Interest rates
shown are for
demonstration purposes
only. Actual market
interest rates may vary.
You acknowledge that
you understand that RPA is
licensed real estate
broker in the State of
Florida. You
further acknowledge that
RPA is not a mortgage
broker or mortgage
lender, however RPA may
at its discretion aid or assist
borrowers in obtaining,
solicit borrowers or
lenders for, negotiate
or make loans secured by
liens on real property.
Please note that you may
be subject to additional
and/or different terms,
conditions, and privacy
policies when you use
third party Services,
Content (as defined
below), software or
sites.
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Content Contained in the
RPA Network
The RPA Network and all
of its contents
including, but not
limited to, all
information, text,
messages, images,
photos, illustrations,
designs, icons, video
clips, sounds, files,
trademarks, copyrighted
material, trade dress,
software,
specifications,
catalogs, literature,
technical information,
advertisements and other
content or materials on
the RPA Network
(collectively,
“Content”) is
owned by RPA and/or
third parties with all
rights reserved unless
otherwise noted.
RPA
grants you a limited
license to access and
use the RPA Network and
Content solely for
informational, personal
and commercial
purposes (including
printing individual
pages from the RPA
Network provided that
you retain all copyright
and other proprietary
notices contained
thereon). You are
strictly prohibited from
downloading (other than
page caching) modifying,
or making any other use
of the RPA Network or
Content, except with
express written consent
of RPA. You understand
that all third party
Content posted on,
transmitted through, or
linked from the RPA
Network, is the sole
responsibility of the
third party originator
of such Content. Content
is provided through the
RPA Network AS IS, and
you agree that the use
of and reliance on any
Content is at your own
risk, and that under no
circumstances shall RPA
be liable for any
Content or for any loss
or damage of any kind
incurred as a result of
the use of any Content
made available via the
Services.
You acknowledge that
RPA does not screen or
approve third-party
Content, and that RPA
shall have the right
(but not the obligation)
in its sole discretion
to refuse, modify,
delete or move any
Content that is
available via the RPA
Network, for any reason.
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Content You Provide
To the extent that you
post, upload, input,
submit or otherwise
transmit (collectively,
“Transmit” or
“Transmitting” as
appropriate) Content on
or through the RPA
Network, you agree to
provide true, accurate
and complete information
and to refrain from
impersonating or falsely
representing your
affiliation with any
person or entity. You
are entirely responsible
for all Content that you
provide or otherwise
make available via the
RPA Network. You also
warrant and represent
that you own or
otherwise control all of
the rights to such
Content including,
without limitation, all
the rights necessary for
you to Transmit such
Content, and to transfer
your or others’
interests in such
Content to RPA as
provided below.
You promise that you
will not use the RPA
Network to:
-
Transmit any Content
-
not related to
appropriate
subject matters;
-
which is
misleading to
others,
including
consumers;
-
that is
unlawful,
harmful,
threatening,
abusive,
harassing,
tortuous,
defamatory,
vulgar, obscene,
libelous,
invasive of
another's
privacy,
hateful, or
racially,
ethnically or
otherwise
objectionable;
-
that you do not
have a right to
post and
transmit under
any law or under
contractual
relationships;
-
such that such
posting,
uploading, or
transmission
constitutes the
infringement of
any patent,
trademark, trade
secret,
copyright or
other
proprietary
rights of any
party;
-
and materials
that contain
software viruses
or any other
computer code,
files or
programs
designed to
interrupt,
destroy or limit
the
functionality of
any computer
software or
hardware or
telecommunications
equipment; or
-
intentionally or
unintentionally
violate any
applicable local,
state, national or
international law,
or any regulations
having the force of
law, including the
Civil Rights Act of
1866, the Fair
Housing Act, the
Americans with
Disabilities Act,
and the Equal Credit
Opportunity Act.
By Transmitting Content
to the RPA Network, you
grant, and you represent
and warrant that you
have the right to grant,
to RPA an irrevocable,
perpetual,
non-exclusive, fully
paid, worldwide license
to use, copy, perform,
display, and distribute
the Content and to
prepare derivative works
of, or incorporate into
other works, the
Content, and to grant
and authorize
sublicenses (through
multiple tiers) of the
foregoing. Furthermore,
by posting Content to
any public area of the
RPA Network, you grant
RPA all rights
necessary to prohibit
any subsequent
aggregation, display,
copying, duplication,
reproduction, or
exploitation of the
Content on the RPA
Network by any party for
any purpose.
RPA is committed to
maintaining the privacy
and security of any and
all such information
that you provide to RPA
through the RPA Network
in accordance with its
Privacy Policy. Please
click here to review the
RPA
Privacy Policy.
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General Terms
Applicable Law
This Terms of Use is
governed by the laws of
the State of Florida,
U.S.A. without regard to
conflicts of laws
principles. You hereby
consent to the exclusive
jurisdiction and venue
of courts sitting in
Florida, County of
St. Johns, in all
disputes arising out of
or relating to accessing
or using of the RPA
Network. Access or use
of the RPA Network is
unauthorized in any
jurisdiction that does
not give effect to all
provisions of these
terms and conditions,
including without
limitation this
paragraph.
You agree that no joint
venture, partnership,
employment, or agency
relationship exists
between you and RPA as
a result of the Terms of
Use or accessing or
using the RPA Network.
RPA's performance under
the Terms of Use is
subject to existing laws
and legal process, and
nothing contained in the
Terms of Use is in
derogation of RPA's
right to comply with
governmental, court and
law enforcement requests
or requirements relating
to your access or use of
the RPA Network or
information provided to
or gathered by RPA with
respect to such use.
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Interpretation of the
Terms of Use
If any part of the Terms
of Use is determined to
be invalid or
unenforceable pursuant
to applicable law
including, but not
limited to, the warranty
disclaimers and
liability limitations
contained herein, then
the invalid or
unenforceable provision
will be deemed
superseded by a valid,
enforceable provision
that most closely
matches the intent of
the original provision
and the remainder of the
Terms of Use shall
continue in effect.
Unless otherwise
specified herein (or in
any other definitive
written agreement
between you and RPA),
the Terms of Use
constitutes the entire
agreement between you
and RPA with respect to
the RPA Network and it
supersedes all prior or
contemporaneous
communications and
proposals, whether
electronic, oral or
written, between you and
RPA with respect to the
RPA Network. A printed
version of the Terms of
Use and of any notice
given in electronic form
shall be admissible in
judicial or
administrative
proceedings based upon
or relating to the Terms
of Use to the same
extent and subject to
the same conditions as
other business documents
and records originally
generated and maintained
in printed form.
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Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT: YOUR USE
OF AND RELIANCE UPON ANY
AND ALL OF THE RPA
NETWORK, SERVICES AND/OR
CONTENT IS AT YOUR SOLE
RISK AND IS MADE
AVAILABLE ON AN "AS IS"
AND "AS AVAILABLE"
BASIS. RPA MAKES NO
EXPRESS OR IMPLIED
REPRESENTATIONS,
WARRANTIES, OR
GUARANTEES WITH REGARD
TO THE APPROPRIATENESS,
ACCURACY, SUFFICIENCY,
CORRECTNESS, VERACITY,
VALUE, COMPLETENESS, OR
TIMELINESS OF THE RPA
NETWORK, SERVICES AND/OR
CONTENT. RPA EXPRESSLY
DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER
EXPRESS OR IMPLIED,
INCLUDING, BUT NOT
LIMITED TO THE IMPLIED
WARRANTIES OF
MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
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Indemnification
YOU AGREE TO INDEMNIFY
AND HOLD RPA, ITS
THIRD-PARTY VENDORS,
CORPORATE AFFILIATES,
DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS
HARMLESS FROM ANY AND
ALL CLAIMS AND DEMANDS,
INCLUDING, BUT NOT
LIMITED TO REASONABLE
ATTORNEYS' FEES, MADE BY
ANY THIRD-PARTY DUE TO
OR ARISING OUT OF ANY
CONTENT, SUBMITTED,
POSTED, OR OTHERWISE
PROVIDED BY YOU TO THE
RPA NETWORK AND/OR RPA
AND/OR ITS THIRD PARTY
ADVERTISERS AND ANY
BREACH BY YOU OR YOUR
AFFILIATES, EMPLOYEES,
AGENTS AND
REPRESENTATIVES OF THESE
TERMS OF USE.
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Limitation of Liability
IN NO EVENT SHALL RPA
BE LIABLE FOR ANY
DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING,
WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY
CONNECTED WITH THE USE
OR PERFORMANCE OF THE
RPA NETWORK, WITH THE
DELAY OR INABILITY TO
ACCESS OR USE THE RPA
NETWORK OR RELATED
SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY
CONTENT, SOFTWARE,
PRODUCTS AND SERVICES
MADE AVAILABLE OR
OBTAINED THROUGH THE
RPA NETWORK, OR
OTHERWISE ARISING OUT OF
THE USE OF THE RPA
NETWORK, WHETHER BASED
ON CONTRACT, TORT,
NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE,
EVEN IF RPA HAS BEEN
ADVISED OF THE
POSSIBILITY OF DAMAGES.
ANY SERVICES OR CONTENT
MADE AVAILABLE OR
OBTAINED THROUGH THE USE
OF THE RPA NETWORK, AND
ALL OTHER USE OF THE
RPA NETWORK, IS DONE AT
YOUR OWN DISCRETION AND
RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE
RPA NETWORK, OR WITH
ANY OF THESE TERMS OF
USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE
RPA NETWORK.
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Copyright
All materials on the
RPA Network (as well as
the organization and
layout of the RPA
Network) are owned and
copyrighted or licensed
by RPA, its corporate
affiliates or its
third-party vendors. ©
Realty Pro Auctions,
Inc. 2008, all
rights reserved. No
reproduction,
distribution, or
transmission of the
copyrighted materials on
the RPA Network is
permitted without the
written permission of
RPA. Any rights not
expressly granted herein
are reserved.
Pursuant to Title 17,
United States Code,
Section 512,
notifications of claimed
copyright infringement
should be sent to RPA's
Designated Agent set
forth below. All
inquiries must be filed
in accordance with Title
17, United States Code,
Section 512.
IP Administrator
Realty Pro Auctions,
Inc.
140 Frontera Drive
St. Augustine, FL
32084
Telephone: (954)
791-9795
