Effective date: Oct. 10, 2014
Redefy may amend these Terms at any time by posting a revised version of our Terms on our Site or App with their effective date. Your access to or continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms.
Description of Service
Our Service helps to connect users who wish to sell real estate (a “Seller”) with users who wish to buy real estate (a “ Buyer”) without the hassle and cost of traditional realtor or brokerage services. Once you register on our Service as a Seller, a local franchisee of Delectus, Ltd. d/b/a Redefy (each a “Franchisee”) will contact you to finalize your payment for the Service and to assist you with the listing of your home. The Franchisees may require you to enter into a contract with regard to the listing of your home, and that contract will be solely between you and the Franchisee. Please note that the Franchisees are independent third parties, and we cannot be responsible or liable for their actions or omissions In assisting you with the listing and sale of your home. We do not guarantee any results you may achieve by participating in the Service or by listing your home with a Franchisee.
To access and use some aspects of the Service, you may be required to register with our Service and provide your email address. You represent and warrant that if you register on our Service, you will provide accurate registration information and you will keep your registration information up-to-date. You are responsible for maintaining the confidentiality of your login details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account or any other suspected breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data.
You must be of legal age to enter a binding legal contract to use our Service. You may not use the Service If you are under the age of 18 or are otherwise prohibited by law from using our Site. We reserve the right to refuse use of the Service to anyone for any reason without liability. Furthermore, we reserve the right to terminate user accounts for any violation of these Terms.
Fees and Payments
Registration on our Service is free, however you will be charged a fee in order to list or sell a property through our Service. Any fees paid to list or sell a property are not refundable. We do not process any payments ourselves, rather all payments are facilitated by third parties outside of our Service, and we are not responsible for any such payment transactions.
User Content and User Conduct
Any content uploaded, posted, submitted, or otherwise made available by individual users of our Service, including without limitation property photographs and descriptions, or other content which does not originate with Redefy (“User Content”), is the sole responsibility of the person who made such User Content available on the Site. Under no circumstances will Redefy be liable in any way for any User Content made available through our Service. Because we do not necessarily pre-screen or review the User Content posted on our Site, we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing our Service, you may encounter content that you may consider to be objectionable. We have no responsibility for any User Content, including without limitation any errors or omissions therein. Redefy is not liable for any loss or damage of any kind you claim was incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on our Service, whether by Redefy, individual users of our Service or our third party contractors or licensors.
You agree that you will not use our Service to transmit or make available any User Content that:
· violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
· infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
· contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
· you know or have reason to know is false, misleading, or fraudulent;
· you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· employs any techniques to disguise the origin of the content submitted;
· contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
· incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
· contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use our Service to:
· engage in any conduct which might be harmful to any individual;
· impersonate or misrepresent your affiliation with any person or entity;
· engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity;
· engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
In addition, you are prohibited from interfering with or disrupting the Service, or servers or networks connected thereto. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any Content that is posted on our Site. You agree that our exercise of such discretion will not convert or transform User Content to content owned or provided by Redefy, and the user who made such User Content available on our Service will retain ownership thereof as described below
Ownership of Feedback
We welcome comments or suggestions regarding our Service. The following policy applies to all third party submissions to Redefy of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) we will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) we will not be liable for any use or disclosure of any submission; and (d) Redefy shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.
Third-Party Websites, Advertisers or Services
Our License to You
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service subject to your continued compliance with these Terms. You are prohibited from copying, distributing, republishing, displaying, posting, transmitting, decompiling, or reverse engineering any content or code from the Service without the express written permission of Redefy.
You agree to defend, indemnify and hold harmless Redefy, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to your use of the Service, breach of these Terms or violation of any law. Redefy may assume the exclusive defense and control of any matter for which you have agreed to indemnify Redefy and you agree to assist and cooperate with Redefy in the defense or settlement of any such matters.
Redefy makes no representations or warranties regarding the Service, the results you may achieve when you use the Service or enter into a contract with a Franchisee, or the quality of any third party referrals we may provide (including the Franchisees). Redefy has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.
Waiver and Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
IN NO EVENT SHALL REDEFY, ITS RELATED ENTITIES, THE FRANCHISEES, OR THE DIRECTORS OR OFFICERS OF ANY OF THEM (COLLECTIVELY THE “REDEFY PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE SERVICE, THE INFORMATION COLLECTED OR TRANSMITTED THROUGH THE SERVICE, THE CONDUCT OF ANY USER OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND ANY DAMAGES RESULTING IN ANY WAY FROM ANY USE OF THE SERVICE BY YOU OR A THIRD PARTY, OR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE. ALL LIABILITY OF REDEFY PARTIES, HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF OR RELATED TO YOUR USE THE SERVICE IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF REDEFY (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE REDEFY PARTIES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ANY REDEFY PARTY HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE OR SITE FOR: INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF ANTICIPATED SAVINGS; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICE.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Redefy without restriction or consent.
You agree that: (i) the Service shall be deemed based in Colorado (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Redefy, either specific or general, in jurisdictions other than Colorado. This Agreement shall be governed by the laws of the State of Colorado, without respect to its conflict of laws or principles. We make no representation that our Service is appropriate, legal or available for use outside of the United States. The state and federal courts located in Denver, Colorado will serve as the exclusive jurisdiction and venue for any actions brought, or claims made, arising out of your use of our Site, and you hereby consent to such jurisdiction.
You agree Redefy may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our Site. You may opt out of certain means of notification or to receive certain notifications.
These Terms are the entire agreement between you and Redefy regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Redefy’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
Redefy may alter these Terms at any time, so please review them frequently. If a material change is made, Redefy may notify you within our Service’s functionality, by email, by means of a notice on our home page, or other places we think appropriate. A “material change” will be determined at Redefy’s sole discretion, in good faith, and using common sense and reasonable judgment.
No Legal Advice
Nothing contained in the Terms or the Service constitutes legal advice. If you have any questions regarding your legal rights and legal obligations, you should consult with your own attorney.
If you have any questions about these Terms, the practices of this Service, your dealings with this Service, or complaints, please contact us at firstname.lastname@example.org or at Redefy Real Estate, 2675 South Abeline St. Aurora, CO 80014.