This agreement applies to the download and use of written materials, computer files, documents, applications, videos (collectively, “DOWNLOADED FILES”) posted in this Download Area. Membership on this website states that materials are for your use only and should not be shared.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND REAL ESTATE TECHNOLOGY ASSOCIATES (THE “COMPANY”) THAT SPECIFIES THE LICENSE TERMS AND WARRANTY AND LIABILITY LIMITATIONS REGARDING YOUR USE OF DOWNLOADED FILES MADE AVAILABLE BY THE COMPANY.
License
You are granted a revocable, non-exclusive, non-transferrable, limited license to use, copy or Downloaded Files for personal use only. You may not sell or charge for access to any Downloaded Files. If you are interested in using the Downloaded Files for commercial purposes or as a teaching tool, you may do so only with THE COMPANY'S prior express written permission and subject to THE COMPANY'S license fees for such purpose, to the extent the particular written materials are available for license. THE COMPANY reserves the right to refuse license of any written materials. For further information, please contact THE COMPANY at info@realestate-technology.com
IT IS STRONGLY ADVISED if you are reusing material on your website, that you edit the material in your own words for better SEO value. Always change the Header (title) and first paragraph for best results.
No Additional Licenses
This Agreement does not authorize you, in any manner or medium, to use THE COMPANY's names, logos, or trademarks or to indicate that you are using a file of THE COMPANY. You acknowledge and agree that all rights, title, and interest in and to the Downloaded Files belong to THE COMPANY or the creator of such Downloaded File. You do not derive and may not assert any title or interest in the Downloaded File other than the rights and licenses granted under this Agreement.
You acknowledge and agree that you do not receive any rights to patents, copyrights, trademarks, or any other rights or licenses belonging to THE COMPANY or other creator of the Downloaded File beyond those expressly granted in this Agreement (or any agreement accompanying a third-party Downloaded File).
Risk of Use
YOU UNDERSTAND THAT THE DOWNLOADED FILES MAY NOT HAVE BEEN TESTED AND MAY HAVE ERRORS AND PRODUCE UNEXPECTED RESULTS. YOUR USE OF ANY DOWNLOADED FILE IS ENTIRELY AT YOUR OWN RISK.
No Warranty
THE DOWNLOADED FILES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
Indemnification
You agree to defend, indemnify, and hold harmless THE COMPANY against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency, or liability (including, without limitation, attorneys' fees) imposed upon, incurred by, or asserted against THE COMPANY that result from or are alleged to result from (a) any breach of this Agreement, (b) any acts, misrepresentations, or omissions in connection with this Agreement, (c) any modification or alteration of a Downloaded File, and/or (d) any warranty, condition, representation, or indemnity granted by you for any Downloaded File.
Limitation on Liability
IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL THE COMPANY'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, THE COMPANY'S LIABILITIES SHALL BE LIMITED BY THIS LIMITATION ON LIABILITY PROVISION.
Export Law Assurances
You acknowledge that the Downloaded Files are subject to the export control laws and regulations of the United States. You confirm and agree that you will not export any Downloaded File, directly or indirectly, to any country or end user that is subject to United States export restrictions, or import into any country, except as permitted by the laws and regulations of the applicable country.
U.S. Government Restricted Rights
If this license is acquired under a U.S. Government contract, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in DFARS 252.227-7013(c)(1)(ii) for Department of Defense contracts and as set forth in FAR 52.227-19(a)-(d) for civilian agency contracts. THE COMPANY reserves all unpublished rights under the United States Copyright laws.
Miscellaneous
You have no authority to act on THE COMPANY's behalf or to bind THE COMPANY to any obligation or representation, and you and THE COMPANY shall not be deemed to be partners, joint venturers, or agents of the other. The provisions relating to No Additional Licenses, Termination, No Warranty, Limitation on Liability, Indemnification, Export Law Assurances, and Miscellaneous shall survive the termination of this Agreement. This Agreement together with the Terms of Use governing the use of the website EquestrianProfessional.com and the policies incorporated therein is the complete agreement between you and THE COMPANY concerning the Downloaded Files. The failure or delay of THE COMPANY to exercise any of its rights under this Agreement or upon any breach of this Agreement is not a waiver of those rights or of the breach.
