Terms of Use Agreement
This website and all its content and intellectual property is offered to you for
use by RER PRO, LLC, as owner of REonomy.com. (collectively referred to hereinafter
as REonomy.com). This Agreement shall govern use of all REonomy.com materials, documents,
graphics and information, the REonomy.com website and program (collectively referred
to hereinafter as the "Program"). By participating in the Program, you are agreeing
to be bound by these Terms of Service. The term 'User' shall refer to any individual
or entity who accepts the terms and conditions of this Agreement by submitting the
Program registration information and checking the "I Agree" checkbox. Use of the
Program is subject to the consent of REonomy.com and unless User agrees to all terms
and conditions set forth herein within exception or modification, User may not access
or otherwise use the Program. Furthermore, The Program name, logo, design marks,
service names, tenant data, maps, floor plans, trademarks, slogans and other information
accessible through the site, are the sole and exclusive property of the Program,
or the third parties indicated therein, and shall continue to be the exclusive property
of the Program or such third parties, and may not be used or reproduced without
written consent. Ownership Rights
Except as specifically provided for in the express license set forth herein, all
right, title and interest to the Program, including, without limitation, all proprietary
rights, intellectual property, trade secrets, patents, trademarks, copyrights, data,
information, graphics, service marks, and other proprietary rights of any kind,
are and shall continue to be the sole and exclusive property of REonomy.com. and
its third party vendors..
Representations & Warranties
REonomy.com represents and warrants that it has full power and authority to
enter into this Agreement. IN ALL OTHER RESPECTS, REONOMY.COM IS NOT RESPONSIBLE
FOR ANY CONTENT OR INFORMATION IT PROVIDES OR THAT IS PROVIDED BY THIRD PARTIES
(INCLUDING ADVERTISERS). REONOMY.COM AND ITS LICENSORS MAKE NO OTHER REPRESENTATION,
WARRANTY OR ENDORSEMENT OF ANY KIND, AND FURTHER, DISCLAIMS ALL REPRESENTATION,
WARRANTIES OR ENDORSEMENTS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE,
AND NONINFRINGEMENT. Furthermore, User is advised that THE INFORMATION AND MATERIAL
ON REONOMY.COM CAN BE SUBJECT TO TYPOGRAPHICAL ERRORS, MISTAKES OR UNINTENDED INACCURACIES.
AS SUCH, NO WARRANTY OF ANY NATURE OR KIND SHALL ARISE FROM THE USE OF THE PROPERTY
BY THE USER AND USER ACKNOWLEDGES THAT FROM TIME TO TIME, ACCESS TO THE PROPERTY
MAY BE UNAVAILABLE DUE TO EITHER INTENDED MAINTANENCE, DEFECTS, UNINTENDED UINTERUPTIONS,
VIRUSES OR FAILURES.
LICENSE AND USE OF DATA
User is hereby granted a limited license to utilize the Program for the User’s sole
and exclusive use and benefit, and not for the use or benefit of any other person
or entity. User agrees that it shall not reproduce, resell or offer the Program
or any of the information, data, graphics or text contained therein for sale or
distribution to third parties or to repackage or disseminate the information in
any form, or through any other medium, without limitation, without the prior written
consent of REonoomy.com for each individual repackaging or dissemination. User shall
be permitted to generate reports from the Program only for the Users’ personal benefit
provided, however, that all such reports contain all appropriate copyright notices
and proprietary notices of REonomy.com Resale of Data or Information
User acknowledges and agrees that its use of the Program is for its sole and
exclusive purposes and under no condition or circumstance may User sublicense, publish,
resell, create derivative works, upload, or barter away the Program or any of its
content, information, technology, graphics, maps information, photographs or data
obtained therefrom, to any third party. In addition to the absolute prohibition
being set forth herein, User acknowledges being advised by the Program that such
sublicensing, resale, bartering or other activities would be a violation on the
limitations of use of certain of the data, technology, information and graphics
used by the Program and obtained from third parties.
Prohibition on Use By Business Competitors
It shall be absolutely prohibited for any employee, agent, servant, contractor
or designee of any other person, company or business enterprise which provides,
or intends to provide, services which compete with those of REonomy.com from being
a User of the Program or from acquiring access to the Program in either electronic
or printed form. Furthermore, no User shall utilize the Program or transfer, sell
or distribute any of the information, data, text or graphics of any nature or kind
contained in the Program that could be utilized to compete with REonomy.com
Confidentiality & Protection of REonomy.com Property
During the term of this Agreement and thereafter, User agrees to safeguard
and, except for the benefit of the Program, not to disclose to anyone outside the
Program any proprietary or confidential information it may acquire by virtue of
being provided access to the Program. Such information includes, without limitation,
business plans, business leads, customer lists, property information and data, operation
procedures, trade secrets, design formulas, program information and programming
code, know-how and processes, computer programs and inventions, discoveries, and
improvements of any kinds. User acknowledges that the Program has been developed,
assembled, programmed and made available through the efforts of REonomy.com and
its agents, employees and contractors, after expending substantial time, effort
and financial resources to develop the proprietary methods, technology and intellectual
property which comprise the REonomy.com website and all its functions. Accordingly,
User agrees to protect all the intellectual property rights and proprietary rights
of REonomy.com, as well as those of others providing Services and Information to
the Program, Accordingly, Users shall comply with all requests made by REonomy.com.
in its reasonable business judgment in regard to the protection and/or enforcement
of its property rights, as well as those property rights of third parties providing
services, information or imtellectual property to REonomy.com.
Modifications
The Program reserves the right to change any of these terms and conditions
at any time, even without notice. You are responsible for reviewing the Term of
Use Agreement no less frequently than one time per month. You shall be required
to comply with any changes to the terms and conditions set forth herein within 30
days of the date of change unless, notice of such change is sent to you at the email
address which you provide upon registering as a User, in which event, you will be
required to comply with any changes to the terms and conditions set forth herein
within 10 days of the date of such notice to your email address.
Monitoring & Cookies
User acknowledges that its use of the Program is subject to monitoring by REonomy.com
in any manner permitted by Law and by any or all of the following methods, to ensure
compliance with both the terms and spirit of this agreement, as well as the laws,
rules and/or regulations of governmental and quasi governmental entities:
1. By requiring the placement of an electronic “cookie” on the personal computer,
laptop, server or other electronic device employed by User to access the Program;
2. By monitoring server content.
REonomy.com shall have the absolute discretion in its sole and exclusive business
judgment to reject, modify or delete any data, information, text or graphics of
any nature or kind placed on or transmitted to its server that it judges to be inappropriate,
objectionable, unacceptable or in violation violation of the terms and conditions
of this agreement. Each individual User, or if a User is a business entity each
of the individual employees, agents, contractors or servants of such User, shall
be required to obtain their own individual license to access the Program.
Limitation of Liability/Disclaimer
IN NO EVENT WILL REONOMY.COM BE LIABLE TO ANY USER OR ANY OTHER PARTY TO THIS AGREEMENT
FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES OR FOR ANY LOSS
OF REVENUE OR LOST BUSINESS, OR THE COST OF PROCURING SUBSTITUTED GOODS OR SERVICES
OF ANY KIND FOR ANY USE OF THE PROGRAM, OR ANY OTHER SERVICE RELATED THERETO, WITHOUT
LIMITATION, INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS,
LOSS OF DATA OR ANY OTHER TYPE OF LOSS, EVEN IF WE ARE EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF REONOMY.COM UNDER THE AGREEMENT
SHALL NOT, FOR ANY CLAIM OR SERIES OF CLAIMS INVOLVING THE USER, EXCEED THE AMOUNT
PAYABLE TO REONOMY.COM BY THE USER DURING THE THREE (3) MONTH PERIOD ENDING ON THE
DATE THE CAUSE OF ACTION ACCRUES.
General
User shall indemnify, defend, and hold harmless the Program, and its officers, directors,
shareholders, employees, agents, and representatives (collectively, "Indemnitee"),
against all liability, demands, claims, costs, losses, damages, recoveries, settlements,
and expenses (including interest, penalties, attorney fees, accounting fees, and
expert witness fees) incurred by Indemnitee ("Losses"), known or unknown, contingent
or otherwise, directly or indirectly arising from or related to this Agreement.
User may not assign any of its rights or delegate any of its duties under this Agreement
without the prior written consent of the Program. Despite such consent, no assignment
shall release the assignor of any its obligations or alter any of its primary obligations
to be performed under the Agreement. This Agreement is made solely for the benefit
of the parties to this Agreement and their respective successors and assignees,
and no other person or entity shall have or acquire any right by virtue of this
Agreement. This Agreement shall be governed and interpreted by the laws of New York
and all actions relating to this agreement, whether occurring during a time such
agreement was in effect or whether occurring after its expiration but relating in
any fashion or form to the terms thereof, shall be filed in the Civil Court of the
City of New York, County of New York, or the Supreme Court of the State of New York,
County of New York. User is an independent contractor and in no way and under no
circumstances shall User should look to the Program for compensation and benefits
as an employee. If any party fails to perform its obligations because of strikes,
lockouts, labor disputes, embargoes, technical problems of REonomy or its providers,
acts of God, inability to obtain labor or materials or reasonable substitutes for
labor or materials, governmental restrictions, government regulations, governmental
controls, judicial orders, enemy or hostile governmental action, civil commotion,
fire or other casualty, or other causes beyond the reasonable control of the party
obligated to perform, then that party's performance shall be excused. This Agreement
constitutes the final, complete, and exclusive statement of the terms of this Agreement
between the parties and supersedes all prior and contemporaneous understandings
or agreements of the parties. No party has been induced to enter into this Agreement
by, nor is any party relying on, any representation or warranty outside those expressly
set forth in this Agreement.
SEVERABILITY
If a court of competent jurisdiction holds any provision of this Agreement
to be illegal, unenforceable, or invalid in whole or in part for any reason, the
validity and enforceability of the remaining provisions, or portions of them, will
not be affected. No waiver of a breach, failure of any condition, or any right or
remedy contained in or granted by the provisions of this Agreement shall be effective
unless it is in writing and signed by the party waiving the breach, failure, right,
or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a
waiver of any other breach, failure, right, or remedy, whether or not similar, nor
shall any waiver constitute a continuing waiver unless the writing so specifies.
The headings in this Agreement are included for convenience only and shall neither
affect the construction or interpretation of any provision in this Agreement nor
affect any of the rights or obligations of the parties this Agreement.