TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF DECEMBER 20,2020.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Rocky Mountain Estate Brokers Inc. and/or Rocky Mountain Estate Brokers Realty LLC (hereinafter RMEB) located at 24 Oak Avenue, Eaton, Colorado 80615 and our subsidiaries and affiliates, in association with the use of the RMEB website, which includes http://www.whitleyauction.com/, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an informational, auction, and real estate website which RMEB uses to share information, conduct online auctions, promote items that are for sale, and more.
All visitors to our site, whether they are registered or not, shall be deemed as "users" of the Site and its Services covered by this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "Member."
The user and/or Member acknowledges and agrees that the Services provided and made available through our website and applications are the sole property of RMEB. RMEB may offer other website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. RMEB reserves the right to cancel and cease offering any of the Services and/or products. You, as the end user and/or Member, acknowledge, accept, and agree that RMEB shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or Member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such RMEB shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings. These Terms of Service apply to the general use of the Site and its Services. There may be other Terms of Service, Auction Terms, Terms of Sale or other event or item specific agreements that may add to and/or supersede this agreement.
To register and become a "Member" of the Site, you must be at least 18 years of age. In addition, you must be in good standing with RMEB and not an individual that has been previously banned from using RMEB's or an affiliate’s Services.
When you register, RMEB may collect information such as your full legal name, e-mail address, mailing address, payment information, occupation, industry, birth date, gender, personal interests, and anything else RMEB requires. You can edit your account information at any time. Once you register with RMEB and sign into our Services, you are no longer anonymous to us.
The registering party hereby acknowledges, understands, and agrees to provide factual, correct, current and complete information with regards to yourself as may be requested by the registration process, and maintain and promptly update your registration and profile information to always maintain accuracy and completeness.
If anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, RMEB will have sufficient grounds and rights to suspend or terminate the Member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of RMEB Services, or any portion thereof.
MEMBER ACCOUNT, USERNAME, PASSWORD, AND SECURITY
When you set up an account, you are the sole authorized user of your account. You are responsible for maintaining the secrecy and confidentiality of your password and for all activities that happen on or within your account. You are responsible for any act or omission taken by anyone who accesses your account. It is your responsibility to notify RMEB immediately if you notice any unauthorized access or use of your account or password or any other breach of security. RMEB shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
You agree not to make use of RMEB's Services for the purpose of:
a) impersonating any individual or entity, including, but not limited to, any RMEB officer or employee or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
b) using RMEB Services to make fraudulent purchases or to place bids or make purchases on items you do not intend to pay for;
c) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in the use of the Site;
d) interfering with or disrupting any RMEB Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
e) collecting or storing of any personal data relating to any other Member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs;
f) using RMEB’s services in any manner RMEB did not intend for you to do.
RMEB reserves the right to access, preserve and/or disclose Member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property, or the personal safety of RMEB, its visitors, users, and Members, including the general public.
RMEB reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by RMEB or any other content providers supplying content services to RMEB. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
BUYER DEPOSIT/PAYMENT/NON-REFUNDABLE RESTOCKING FEE
RMEB may at any time charge the credit card registered with in your account up to 25% of the total bids you have placed as a good faith deposit. This deposit will be applied to your purchases and you agree to pay the remaining balance due according to the terms of sale. If you do not pay for your purchases as required in the terms of sale you direct RMEB to charge a non-refundable restocking fee of 25% of your total invoice balance due or $25.00, whichever is greater, to the credit card registered with in your account. You will then have seven days from the conclusion of the auction to arrange to pick your items up or to arrange for shipping at your expense.
RMEB'S RIGHT TO TERMINATE PURCHASE.
If for any reason RMEB is unable to complete the sale of any purchase to Member or to provide such purchase free and clear of liens, even if the Member was given notice that he/she is the high bidder and purchaser, Member agrees that the RMEB solely may terminate the purchase/agreement, in which case RMEB's only liability shall be the return of any monies actually paid by Member.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology, or any other technical data using our network Services or any other method to any export-prohibited country;
c) and agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws.
CONTRIBUTIONS TO COMPANY WEBSITE
RMEB may provide ways for our users and Members to contribute feedback to RMEB. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to RMEB, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) RMEB shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) RMEB shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of RMEB; and
e) RMEB Inc. is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or Members agree to indemnify and hold RMEB, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors harmless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from the use of RMEB Inc. Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The Member or user agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any reason any part, use of, or access to RMEB Inc.'s sites.
RMEB shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a Member of http://www.whitleyauction.com/, you may cancel or terminate your account and/or access to our Services by submitting a cancellation or termination request to email@example.com. RMEB will still retain data about your use of our Services even though your account may be cancelled or terminated.
As a Member, you agree that RMEB may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your http://www.whitleyauction.com/ account Services and/or purchases.
Furthermore, you agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account and/or access to any of our Services.
The termination of your account with http://www.whitleyauction.com/ shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within http://www.whitleyauction.com/;
b) the deletion of your password and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with advertisers located on or through our Services, which may include the payment and/or delivery of related goods and/or Services are solely between you and any such advertiser. You agree that RMEB shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a result of any such dealings or because of the presence of such advertisers on our website.
RMEB and/or third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources and, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that RMEB shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that RMEB's Services and any software that may be used in connection with our Services ("Software") contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by RMEB or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on RMEB Services (e.g. Content or Software), in whole or part.
You agree not to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by RMEB for use in accessing our Services.
Member expressly agrees to indemnify and hold RMEB (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) harmless from and against all claims, losses, expenses, damage or liability, including, but not limited to, attorney's fees, directly or indirectly caused by or resulting from an act, including the negligent acts or omissions of RMEB (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties), or anyone acting in connection with or arising out of the use of RMEB’s services, an auction, a sale of property or anything else. Member shall not be responsible to RMEB for damages caused by or resulting from the RMEB's sole gross negligence.
In the event you have a dispute with anyone resulting from the use of RMEB’s Services, you agree to release RMEB (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF RMEB SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. RMEB AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) RMEB AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) RMEB SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THAT RMEB SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE RMEB SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF RMEB SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM RMEB OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT RMEB AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You acknowledge, understand, and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
RMEB may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received all notices that would have been delivered had you accessed our Services in an authorized manner.
You acknowledge, understand and agree that all of the RMEB trademarks, copyright, trade name, service marks, and other RMEB logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of RMEB. You agree not to display and/or use in any manner the RMEB logo or marks without obtaining RMEB's prior written consent.
This TOS constitutes the entire agreement between you and RMEB and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to RMEB Services. You may also be subject to additional terms and conditions that may apply when you take part in auctions, use or purchase other RMEB products or Services, and/or use or purchase affiliate products or Services.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and RMEB with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and RMEB, shall be filed within the courts having jurisdiction within the County of Weld, Colorado or the U.S. District Court located in the state of Colorado. You and RMEB agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should RMEB fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or it shall be forever barred.
COPYRIGHT 2021 RMEB INC.