Welcome to this RealEstate Business Intelligence, LLC ("RBI") website located at the URL www.RBIntel.com through which RBI provides access to a variety of real estate-related informational content, products, statistical analysis, market trends, services and resources ("Service") prepared by RBI and other content providers (collectively, the Site and the Service may be referred to as the "Services"). PLEASE READ THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE WEBSITE OR SERVICES, YOU AGREE THAT YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) (“YOU”) ARE ELIGIBLE FOR AN ACCOUNT AND YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH RBI. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR SERVICE, OR ANY PART THEREOF. RBI'S PROVISION OF THE WEBSITE AND/OR SERVICES ARE EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS, INCLUDING, WITHOUT LIMITATION, TERMS ON ANY PURCHASE ORDER; IF THIS AGREEMENT IS CONSIDERED AN OFFER BY RBI, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
If you have questions about the Services or this Agreement, you may contact RBI by sending an email to Info@RBIntel.com.
OWNERSHIP. The Services, including its informational content (e.g., statistical and analytic information, HTML or other code, pages, graphics, software and all other materials associated or within the Services) (collectively, the "Content"), and the compilation of the Content and the "look and feel" of the Services, and all products, services, databases, and any other intellectual property of RBI or its licensors or service providers, and all parts and derivatives thereof, are and shall remain the sole property of RBI and its licensors and service providers, including all associated copyrights and other intellectual property rights. Content does not include Submissions (as defined below). The Services and any Content made available on or through the Services is provided only for (a) your own personal use or (b) your internal business use. Your rights to use Content are under license only, nothing shall be deemed to grant or transfer to you any ownership rights. Use of any Content or other portions of the Services are subject to the terms of this Agreement.
In addition, if you have purchased a subscription to the Services or an individual report, you may make copies of portions of the Content provided to you in a report and you may incorporate such copies into your own editorial content, such as, presentations, blogs, articles and other online publications ("Publications"); provided, that you do not remove proprietary or attribution notices on such copies of the Content and you do not resell or charge any type of fee or other consideration for users to receive or view such Publications. You shall not use any automated data mining tools or techniques on or in connection with the Services or reformulate any copies of the Content for use in commercial products or services or for general resale or distribution. No portion of the Content or any other such materials may be used or otherwise exploited for any purpose and in any form other than as expressly set forth herein without the express written permission of RBI and, as applicable, its licensors and service providers. You will not make the Services available for time sharing, application service provider or service bureau use. Except as expressly stated above, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
You agree to abide by and not to remove, modify or obscure any copyright or other proprietary rights notices and usage restrictions on the Services, or any Content or other materials, or on any copies or versions thereof. All rights not expressly granted are reserved.
SUBMISSIONS. RBI may provide you with the ability to submit postings, materials, content and other information ("Submissions") for public posting in user forums on the Site. You grant to RBI, its affiliates and their assignees the non-exclusive, royalty-free right to use and reproduce such Submissions solely for the purpose of providing the Site to you and for posting to the forums where authorized users can view such Submissions. If RBI provides such functionality, you also agree not to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Submissions (including, without limitation, text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Services, that (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, profane or which otherwise violates this Agreement; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (iv) imposes an unreasonable or disproportionately (in the sole judgment of RBI) large load on RBI's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or otherwise; (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of RBI or any third party; or (vi) impersonates any person or entity, including any employee or representative of RBI. Prohibited activities include, by way of illustration, sending unsolicited bulk commercial email, sending large volumes of unsolicited email (whether or not commercial), or facilitating such activities. You are fully responsible and liable for complying with all laws applicable to any communications that you send or authorize, including complying with the CAN-SPAM Act of 2003. RBI does not authorize the use of any RBI service to harvest or collect information about RBI customers, including screen names, email addresses or similar contact information, for purposes of sending or enabling the dissemination of "spam" or any unlawful or other prohibited communications.
You also may not send or authorize to be sent via any of the Services any communication that: (1) misrepresents the sender or the source of the communication (e.g., by forging any TCP-IP packet header or any information contained in the header of any email communication); (2) uses or contains invalid or non-existent domain names; (3) employs any technique to otherwise misrepresent, hide or obscure any source information; (4) constitutes deceptive addressing; uses or relays through a third party’s internet domain name without consent; or (5) contain false or misleading information in the subject line or otherwise contain false or misleading content.
RBI reserves the right to take any appropriate legal action and to implement technical remedies to enforce this policy or to respond to violations. Violation of this Section, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender. RBI may immediately investigate and terminate any account which it determines, in its sole reasonable opinion, is violating this policy. Failure to act in every instance does not amount to a waiver of any of RBI’s rights, all of which are reserved.
YOUR USE OF THE SERVICES. Your authorization to access and make use of the Services (and the materials and Content available via the Services) is a privilege, not a right, and is subject to the terms and conditions of this Agreement. You agree that you are fully responsible for all of your activities, transmissions and transactions while using the Services and for any accounts that may be established by or for you (including for any payments accrued, and for any informational content and other materials you may access, submit, receive or transmit while using the Services).
RBI may remove any Content and/or Submissions from the Services at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content and/or Submissions), or for no reason at all.
NO UNAUTHORIZED USE PERMITTED. You agree not to use the Services, Submissions or any Content or other materials you may access to engage in any unauthorized or inappropriate conduct or for any unlawful purpose. Broadly stated, this includes any conduct that is unlawful, untruthful, tortious or that is harmful to (or puts at risk) RBI or any other party or property; that violates another party’s privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
RBI reserves the right to investigate, involve and cooperate with appropriate authorities regarding any fraudulent or other illegal or unauthorized activities involving the Services, and to disclose any information necessary for such purpose. All rights not granted expressly are reserved. Unauthorized attempts to violate the integrity of the Services or any of RBI’s services, or to use Content, are strictly prohibited and may be punishable by law, including under the United States Copyright Act and the Computer Fraud and Abuse Act of 1986.
SPIDERING, SCRAPING AND SIMILAR ACTIVITIES ARE PROHIBITED. In addition, you are prohibited from directly or indirectly using any data or content extraction tool, or any other manual, computerized or automated mechanism, to access, compile, or otherwise download or extract any content or information from the Services or any of RBI’s services, except as expressly authorized by RBI in writing. This prohibition includes use of any data mining tools, spiders, robots, scrapers or similar tools or technologies.
SECURITY; USE OF ACCOUNTS. You agree that you, and not RBI, are solely responsible for your own security in using the Services, and for selecting and implementing any precautions you deem to be appropriate and best suited for your situation and intended use of the Services.
If any portion of this Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your passwords and accounts. Furthermore, you are entirely responsible for any and all activities that occur under your accounts.
You agree to notify RBI immediately of any unauthorized use of your accounts or any other breach of security. RBI will not be liable for any loss that you may incur as a result of someone else using your password or accounts, either with or without your knowledge. However, you could be held liable for losses incurred by RBI or another party due to someone else using your accounts or passwords. You may not use anyone else’s account at any time, without the permission of the account holder.
After your registration for the Services, RBI may provide you with access to the Services as a free trial user for a designated free trial period (“Free Trial Period”). During the Free Trial Period, you may cancel your access to the Services at any time for any reason, and upon such termination, all rights and benefits granted to you pursuant to this Agreement shall cease. At the expiration of the Free Trial Period, you may continue to access the Services only pursuant to a paid subscription or by purchasing ad hoc reports under this Agreement.
PAID SUBSCRIPTIONS AND SERVICES.
1. Fees. All fees are (i) payable in U.S. Dollars and (ii) based on specific services purchased and not on actual usage. RBI’s current pricing policies and fees are set forth on the Pricing Page (http://www.rbintel.com/products-and-services/product-comparison).
2. Invoicing and Payment. You will provide RBI with valid and updated credit card information, or if RBI provides its prior written approval, with a valid purchase order to enable RBI to invoice you. If RBI invoices you, all fees will be due and payable within thirty (30) days of the invoice date. Subscription fees are billed in advance for the initial subscription period and for each renewal subscription period thereafter on a monthly basis unless you and RBI agree in writing to a different billing frequency. If you provide credit card information, you authorize RBI to charge such credit card for all services selected by you via the Services, including for the initial subscription period and any renewal subscription periods at the then current subscription rates. You authorize RBI to charge your credit card on a recurring monthly basis (or on a frequency otherwise agreed upon with RBI in writing). By using the Services, you consent to receiving electronic communications from RBI. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with RBI and you receive them as part of your subscription to the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
3. Subscription Periods. Service subscription periods that you purchase commence on the start date that you select to purchase on the Site and continue for the subscription period specified therein. All subscriptions shall be subject to an initial period of at least one (1) month. RBI does not prorate for partial months. All subscriptions shall automatically renew at the then current subscription rates for additional periods equal to the expiring subscription period or one year (whichever is shorter), unless either RBI or You give the other notice of non-renewal at least thirty (30) days before the end of the relevant subscription period.
4. Changes to Subscription Plan Levels and Cancellations.
a. Upgrades. If you choose to upgrade your subscription plan, your credit card will be charged or you will be invoiced, as applicable, the difference between your previous rate and your new rate for your new subscription plan and any prorated fees due from the time of the upgrade.
b. Downgrades. If you choose to downgrade your subscription plan, the new subscription fee will be in effect the next subscription period. Downgrading your subscription plan may cause the loss of some or all Submissions, Content, features, and/or capacity of your account.
c. Cancellations. If you choose to cancel your subscription plan through the My Account link on the website, all such cancellations are immediate. No refunds are issued for any unused portion of the then current subscription period.
5. Past Due Charges. If any payments or credit card charges are not received from you by the due date, then at RBI’s discretion, (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or (b) RBI may condition future subscription renewals on shorter or alternate payment terms. In the event of a payment default under this Agreement you shall reimburse RBI for all collection costs including reasonable attorney’s fees incurred in connection with collecting any payments, together with costs in addition to the amount due.
6. Suspension of Services. If any amount you owe for Services is thirty (30) or more days past due (or one (1) day past due in the case of amounts you have authorized RBI to charge to your credit card), RBI may, without limiting other rights and remedies, accelerate your unpaid fee obligations under any agreements you have with RBI so that all outstanding obligations become immediately due and payable, and suspend the provision of Services to you until such amounts are paid in full.
7. Taxes. Unless otherwise stated, fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with its purchases hereunder. If RBI has the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide RBI with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, RBI is solely responsible for taxes assessable against it based on its income, property and employees.
TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT. RBI reserves the right, at any time and for any reason, to change, terminate, limit, suspend or discontinue the Services (in whole or in part) or your (or anyone else’s) access to or use of the Services. Upon any termination, your rights to use the Services will immediately cease. RBI will not be liable to you or to any third party for any modifications, price changes, or suspension, termination or discontinuation of the Services.
DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ENTIRE RISK OF USING THE SERVICES AND THE RESULTS OF THE SERVICES IS WITH YOU. TO THE MAXIMUM EXTENT ALLOWABLE AT LAW, RBI EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES: (i) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, CORRECTNESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; (ii) CONFORMANCE TO ANY DEMONSTRATION OR PROMISE; (iii) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR (iv) THAT THESE SERVICES (IN WHOLE OR IN PART) OR ANY INFORMATIONAL CONTENT, OR ANY ACCESS OR USE THEREOF, WILL BE UNINTERRUPTED, ERROR FREE, USEFUL, FUNCTIONAL, OR COMPLETELY SECURE, OR THAT PROBLEMS WILL BE CORRECTED. RBI MAKES NO WARRANTIES REGARDING THE SUBMISSIONS. NO ADVICE, CONTENT OR INFORMATION GIVEN BY RBI OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY. RBI DOES NOT WARRANT THAT (i) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, OR (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE ACCURATE, ERROR-FREE OR RELIABLE.
LIMITATIONS OF LIABILITY. (a) YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED SOLELY FOR YOUR CONVENIENCE AND WITHOUT LIABILITY OF ANY KIND ON THE PART OF RBI OR ANY OF ITS LICENSORS, MEMBERS, OR SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING FOR LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES; EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. (b) YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF RBI, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES SHALL NOT EXCEED YOUR DIRECT DAMAGES ACTUALLY INCURRED, IF ANY, UP TO ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU PAID TO RBI FOR USE OF THE SERVICES, WHICHEVER IS GREATER. (c) YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS.
LINKS TO OTHER SITES. This Site contains links to third-party Web sites, resources and informational content ("linked sites"). These links are provided solely as a convenience to you and are not meant to constitute an endorsement by RBI of the contents on such third party materials. The linked sites are not under the control of RBI and RBI is not responsible for any of the materials available from any linked sites. RBI disclaims all responsibility and liability with regard to your access to or use of such linked sites.
ADDITIONAL TERMS. Certain areas or aspects of the Services may be subject to additional rules, policies procedures, and/or terms, including, without limitation, acceptable use policies (collectively, the "Additional Terms"). You agree to comply with the Additional Terms, and you understand that your use of those areas or aspects of the Services is conditioned on your compliance with the Additional Terms. If and to the extent there is a conflict between this Agreement and such Additional Terms, the Additional Terms shall control with respect to their subject matter.
TRADEMARKS. The RBI name and logo, and other RBI logos and product and service names are the trademarks or registered trademarks of RBI and RBI’s property. These marks may not be used for any purpose without the express written permission of RBI. Other trademarks used on the Services are the property of the respective owners.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to RBI’s designated agent, using the form and following the procedure set forth in NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. ANY INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE. You may contact us at Info@RBIntel.com if you have any questions about the procedure and submission policy.
INDEMNITY. You agree to defend, indemnify and hold harmless RBI from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you; (b) the use of the Services by you; (c) negligent acts, errors, or omissions by you; (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of RBI; or (e) third party claims for infringement of any intellectual property rights arising from your Submissions or your use of the Services.
DISPUTE RESOLUTION. Except for the right of RBI to seek injunctive relief or other equitable remedies and except for RBI’s right to bring suit to protect its confidential information and intellectual property rights, all claims, disputes and controversies and other matters in question between the parties to this Agreement, arising out of, or relating to this Agreement, or the breach thereof, or the Services, which cannot be resolved by the parties, shall be settled by binding arbitration pursuant to the Federal Arbitration Act and the rules then in effect of the American Arbitration Association under its commercial Arbitration Rules (unless you are an individual, in which case its consumer rules will apply) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding any provisions in such rules to the contrary, the arbitrator(s) shall have no authority to add or detract from the agreements of the parties. You expressly agree that any claim, dispute and controversy shall be arbitrated on an individual basis and not aggregated with the claims of any third party; class action arbitration is prohibited.