WEBSITE TERMS & CONDITIONS
THE REALTY & COMMUNITY WEBSITE TERMS & CONDITIONS OF USE
Last Updated: May 12, 2013
Opening Paragraph
Welcome to the Realty & Community Regional Cross-Marketing Program website, (otherwise known as “RCMP” which is owned and operated by Oquatis LLC, and who's website URL location is known as http://www.realtyandcommunity.com), which provides products and services (collectively known as the "Services") to members and public viewers which are subject to the following terms and conditions (the "Terms").
By becoming a member and using any of RCMP's products or services, and by accessing our public viewable site, you agree to abide by and be legally bound by these Terms and Conditions of Use, including but not limited to RCMP's Listing Policy Guidelines & Privacy Policy.
These Terms may be revised periodically by RCMP without notice. You are encouraged to review these Terms often because your access to or use of the Services after any changes to these Terms will constitute acceptance of such change. When you access information provided on the Site, you acknowledge your agreement to these Terms and Conditions.
References to "you" or "your" refer to you as an individual as well as in any representative capacity you may have. Unless explicitly stated otherwise, any new features, products, or services added from time to time shall be covered by these Terms. RCMP reserves the right to offer 3rd party services that may be governed by their own terms of service and copyright protections. RCMP provides additional resource links and affiliate services links that may be governed by their own terms of service and copyright protections.
Because the Terms of Service contain legal obligations, please read them carefully.
These Terms apply equally to Public Viewers and Paid Members. By continuing to use http://www.realtyandcommunity.com you are agreeing to abide by the Terms & Conditions, and failure to comply may result in account termination or other legal action.
Membership Privileges & Access
Membership privileges are granted by RCMP solely to registered members on a paid subscription plan, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. The 'member' can be an individual or an organization. A qualifying 'organization' who joins as 'the Member' will be held to the same standards as any 'individual' member, and where member benefits include discounts or membership privileges to 3rd party services, only 'one' individual person may utilize (at any one time and on behalf of the 'organization') the benefits assigned to the 'organization'.
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of RCMP except as described below. RCMP requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the RCMP system. Members are permitted to share their individual logon information with an authorized assistant or company personnel for administrative purposes ONLY for maintaining and updating the member's site information and listing information only. The integrity and privacy of the Member login credentials is the responsibility of the Member. You agree to immediately notify RCMP of any unauthorized use of your password or account or any other breach of security. RCMP cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
RCMP has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the entire terms and conditions of the site, Listing Policy Guidelines, or Privacy Policy of the website which are collectively posted and displayed on the RCMP website, or abuses their rights related to the RCMP service.
Membership Types, Restrictions, & Disclosure
RCMP divides membership into two main categories: Real Estate Membership and Business Membership.
Real Estate Membership is open to individuals or companies who hold a valid Real Estate License in the United States or Canada, and Property Managers throughout the United States and Canada who handle legitimate businesses who rent or lease properties. Licensed Real Estate Members are licensed in their respective States to sell or lease real property. By joining this website, it is not to be construed that any Real Estate Member is representing that their licensed services extend beyond or outside of the state in which they are licensed. Users are encouraged to review the cities and postal codes served by each Real Estate member when provided and displayed on each Real Estate Member profile. RCMP makes no representation as to the validity or status of any Real Estate Member’s License, and any such license verification is the responsibility of the user of this site. RCMP is not a real estate broker, but is a marketing program only, and makes no representation as to the accuracy of information provided by RCMP Members, nor does RCMP represent that any Real Estate Member is properly licensed in the state in which they represent that they are licensed.
Real Estate Membership is not intended to be for standard For Sale By Owner properties unless that property is owned by a licensed Real Estate Agent or Broker, or if the Owner is the Property Manager for a legitimate Rental Business, such as a Vacation Rental home operating under a valid business license. In any event, all Real Estate Members shall be subject to the Listing Policy Guidelines as posted and displayed on the RCMP website.
Real Estate Members are not required to have listings to post. Members who offer Buyer Broker or other transactional Services without taking property listings will find it more effective to join as a Real Estate Member as opposed to a Business Member. There are NO Real Estate categories, types, or sub-types offered under Business Membership, except in the case of the category ‘Where To Stay’ and the type ‘Hotels & Resorts’ and the Subtype ‘Vacation Rental Home’. Any such Business Member warrants that their Vacation Rental business complies with zoning laws & regulations for the jurisdiction that applies to them, and neither RCMP nor any associated RCMP member shall be held liable for providing marketing or marketing cooperation with or for any business incurring zoning or other violations of any kind. All Real Estate related membership types are found under the Real Estate Membership type. Real Estate Membership benefits, website features, products, & services per plan are outlined at the Real Estate Pricing & Signup page on the RCMP website.
Business Memberships are for ANY non-Real Estate Membership category, so long as the business member does not violate any of the content guidelines outlined in these Terms and posted on the RCMP website. Business categories include: Where To Shop, Where To Dine, Where To Stay, What To Do, People in Business, Transportation, Education, Clubs & Organizations, Government Facilities, & General Business and Venues. Each category offers multiple types and associated subtypes. Business Membership benefits, website features, products, & services per plan are outlined at Business Pricing & Signup on the RCMP website.
The following persons or entities do NOT qualify for membership:
Competing Real Estate Services, competing Business Website Services, competing Event Presentation Services, including but not limited to any other competing Real Estate & Business Networking Service are prohibited from joining as Members without the express written permission of RCMP.
Employees, independent contractors, agents, or affiliates of any of these competing services are not permitted to access any of the Password Protected Areas of the RCMP website without express written permission from RCMP.
Memberships are NOT offered to any business or organization who sells, engages in, or otherwise promotes (or would intend to link to or from any other website URL who would sell, engage in, or otherwise promote) any act, product, business or organizational practice that RCMP, at its sole discretion, deems to be detrimental to society or individuals as outlined in, but not limited to, the following list: Nudity, obscenity, pornography, killing of any kind (including but not limited to abortion or euthanasia), hateful comments, illegal drugs, satanic worship, occultism, or any other thing that would serve to weaken the cohesiveness and uprightness of a local community. Members are encouraged to join for the purpose of uplifting and boosting local commerce in healthy and morally sound ways. RCMP reserves the right to refuse or terminate membership, at its complete and sole discretion, to any person or organization that it deems to be detrimental to the integrity of the RCMP membership and website as a whole. See Rules of Conduct & Content Guidelines for more details.
Federal Fair Housing Disclosure and practices Applies to All Members: According to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibiting discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions ALL RCMP Members offer property and lending information on this website without regard to: Race, color, national origin, religion, sex (whether male or female) , familial status {including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18 (except that this site is not intended for children under the age of 13)}, and/or handicap (disability).
Nature of Customer's Business
Real Estate Members are either Licenced Real Estate Agents/Brokers, Licensed or unlicensed Property Managers, or if Member owns properties and intends to market them directly via RCMP, such member represents to RCMP that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third party brokerage services account for more than twenty percent (20%) of the total revenues of the entity, and/or is the legal property manager for a legitimate Vacation Rental or Property Management business. Real Estate Members warrant that they are at all times complying with the appropriate zoning and applicable laws that govern their Real Estate activities in the jurisdiction that applies to the properties and services they are marketing on the RCMP site, and neither RCMP nor any RCMP Member cooperating in cross-marketing with them shall be held liable for any breach thereof.
Business, Community, and Organizational Members certify that they are owners, managers, or designated marketers for said ‘Member’ business or organizations.
Site Services, Use, & Limitations
RCMP provides public viewable information at no charge to the viewing public, and paid membership accounts to Members.
When you join as a paid Member, we request registration information from you, and you agree to provide us with accurate and complete information and agree to update the information when it changes.
In certain instances a Public Viewer may have the opportunity to register as a user with certain account privileges. These Public Viewer Account Registrations are not available during BETA launch, however, when post-BETA development implements said accounts, if we request registration information from you, you agree to provide us with accurate and complete information and agree to update the information when it changes.
All content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.
Subject to these Terms, both non-paying public users and paid members may access and use the Services only for their/they own personal, noncommercial use, with the exception that paid members may access and use the Services subject to the plan specifications they/you sign up for.
RCMP reserves all other rights to the Services and Content presentation, with the presenting member retaining all ownership rights to data & media content provided to our database in order to create each microsite or other presentation, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.
Children Under the Age of 13
RCMP will not knowingly collect personally identifiable information from any person under the age of 13. Our services are not designed to attract the attention of persons under the age of 13. If you are under the age of 13, you are not allowed to use this site unless under the direct supervision of your parent or adult guardian.
MLS Data and IDX Services
RCMP utilizes certain IDX services that are provided in-part by third party Multiple Listing Services (MLS). Your use of such services is subject to the terms and conditions set forth by each individual MLS supplier; in most cases, you must be an active member of the MLS in order to participate in MLS Data Services provided by the MLS and various IDX suppliers. You are also solely responsible for any fees charged by the MLS data supplier and IDX service provider. Each IDX service provider and/or the MLS data supplier will provide you with all necessary documentation, contracts and fees required to participate in the MLS data services. RCMP is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS data services provided by third party MLS data suppliers in concert with separately contracted IDX services. The use of third party MLS data and third party IDX provider services is strictly at your own risk and there is no guarantee or implied warranties provided by RCMP for such use.
Electronic and Social Media Distribution:
We expressly authorize you to re-distribute content provided in RCMP Microsites for personal, noncommercial use via (non-spam) email, blogs, social sites, etc., but said content is authorized to be distributed only via sub-URL links either directly accessed or connected to linkable or scannable images to display the entirety of each microsite. We may revoke this authorization at any time. If you re-distribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.
RCMP provides Site users with the opportunity to submit Questions or Messages to members. RCMP does not review the content of messages sent to members by public viewers, and does not guarantee the validity of any request, and is not responsible for any inappropriate language or content that may be transmitted via the ‘Ask A Question’ or ‘Send A Message’ service. Additionally, RCMP cannot and does not guarantee that the member will provide information for every Request received or that the Members who do respond to your Request can, in fact , meet all of your requirements, answer your questions, or otherwise satisfy your requests. We may reject any Request and/or elect not to forward a Request to a member, for any reason or no reason. In submitting a Request to us, you agree to allow us to refer all of the information that you provide in connection with your Request to the member. If any Member(s) wish to provide information to you in connection with your Request, you will be contacted directly by the Member. We request that the Member(s) make contact with you via the preferred medium if you request it (e.g., phone or email); however, this does not preclude the Member from contacting you by any other means that they deem appropriate.
Once RCMP delivers your question or message to the Member, RCMP has no further involvement in any service offerings or transactions that occur between you and the Member. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MEMBER’S ACTS OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY QUOTES OR SERVICES THAT ANY SUCH MEMBER MAY PROVIDE), FOR SUCH MEMBER’S CONTACTING OR FAILURE TO CONTACT YOU, FOR SUCH MEMBER’S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY MEMBER.
Content Submission & License
Member Content Submissions: By submitting content to our site, you certify that you have ownership or agency rights to post and distribute said information, and by doing so you are either through personal ownership or agency rights, granting to RCMP permission and license of use of said information as outlined below:
Some of the Services may allow you to submit or transmit audio, text, photos, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to RCMP a non-exclusive, worldwide, royalty-free irrevocable right and license, without compensation to you, to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing and marketing microsite presentations or future productions of your submissions as may be made available from time to time at RCMP's sole discretion. RCMP will not directly provide your user submissions to 3rd parties without your direct opt-in permission and request, except as represented in the Regional Cross-Marketing Program Highlights, Features, Pricing, & Signup informational pages displayed on this site and as updated and modified from time to time.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms and any access granted to others as outlined herein. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission has been shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission to create marketing material, or otherwise, before you deleted it, we will continue to have the right to make, duplicate, re-distribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parent, subsidiaries, affiliates, employees (if any), or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password protected area. Accordingly, you should not provide User Submissions that you want protected from others.
You represent and warrant that you have all rights necessary to grant to RCMP the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
By becoming a Member, you give specific permission & license to RCMP to include various other Microsite presentations on your microsite presentation as additional local community or Real Estate content, and you give reciprical permission & license for your microsite to be included on other member microsite presentations as additional local community or Real Estate content. User controlled display settings have been provided for Member use in selecting what portions of microsite information will be displayed to the viewing public. RCMP members are responsible for manually disabling unwanted content tabs or sub-sections from their microsite displays. Previews are made available for microsite presentations prior to publishing the online display. Each RCMP member is responsible for previewing and setting their own individual microsite display settings for each microsite produced. By publishing any microsite as ‘Online’ or ‘Featured’, it indicates the approval of said member of the display settings of said microsite.
Third-Party Content:
We occasionally provide third party content or link to third party websites on the Services, including but limited to MapQuest Mapping, School Information, and Loan Payment Calculators, Helpful Resources, & Affiliate 3rd Party site information. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before using or relying on their services. We provide any such Third-Party Site Content solely for your convenience, and such Third-Party Site Content (i) is not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any decision or action, including without limitation the diagnosis or treatment of any health problem, the eligibility for or appropriateness of any benefit or service, or the making of a financial decision. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY SITE CONTENT. Site Content is not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Third-Party Site Content available through the Site. The relationship between you and RCMP is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or delay in seeking it because of something that you have read on the Site. We neither recommend nor endorse any specific products, opinions, or other Third-Party Site Content that may be made available through or mentioned on this Site.
Information Submission, Transmission, & Administration
Both Real Estate and Business Members agree not to submit any property or business descriptions, photographs, digital scan imagess, financial, articles, events, contact or other information contained in each Business, Community, Professional, or Property Microsite Profile to RCMP unless the Member has received all necessary rights and authorizations from the Business or Community organization, property owner or authorized representative, and including but not limited to permission from the author of any article, host or sponsor of an event, or the photographer and/or copyright owner of any photographs, scan images, or other digital media, to publish and advertise the Business, Organization, or Property on the Member's own website and / or on the RCMP website. Specifically, Members agree to not submit any article, event, photograph, digital scan image, or other digital media if the Member received it from a third party information provider under the terms of a license that does not allow posting of such article, event, photograph, digital scan image, or other digital media on the RCMP website. RCMP may, in its sole discretion but without any obligation to search for such, remove any Business, Community, Professional, or Property microsite containing information or media alleged to have been submitted in violation of this provision. In addition, RCMP may require additional evidence of compliance with this provision from Members who are alleged to have submitted articles, events, photos, digital scan codes, media, or other information in violation of these Terms. RCMP may, in its sole discretion, terminate the accounts of, and refuse service to, any Member who repeatedly or knowingly violates these Terms. Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active Business, Community, Professional, or Property microsite listings on the RCMP website. Member shall not use robot, spider or other automated services to submit information to the RCMP website. Additionally, the Member agrees to allow submitted Business, Community, Professional, or Property microsite listings, or any part therein, to be searched, displayed, accessed, downloaded, copied, shared through Member Social Media sites, and otherwise referred to by users of the Member's website, the RCMP website, other social media sharing sites, and other RCMP partner or affiliate websites via opt-in member participation.
For each Microsite submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such submission, and your provision thereof to and through the RCMP website, complies with all applicable laws, rules and regulations. Further, to the extent permitted under applicable law, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each submission that you may have under any applicable law under any legal theory. RCMP requests this waiver to help ensure that we have all the rights we may need to provide the Services available through the website and System.
In addition, RCMP has no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any other part of the website or Services. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION, YOU DO SO AT YOUR OWN RISK.
RCMP shall have the sole authority to choose the manner in which any Microsite will be searched, displayed, accessed, downloaded, copied, and otherwise used on the RCMP website and RCMP shall have the right to modify the microsite information in the exercise of its rights under these Terms.
The Member represents and warrants the following:
(1) All business, community, professional, & property data, media, and associated information provided by the Member will be accurate, and updated in a timely fashion to provide the highest level of integrity of information at all times.
(2) Member agrees not to activate a Property microsite on the public accessible RCMP website under a name other than the named licensed real estate agent(s) that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner, unless by written permission and with appropriate disclosure being provided in the comments of the microsite listing.
(3) Real Estate Members agree to abide by the terms outlined in the RCMP Listing Policy Guidelines made a part of these Terms by reference herein.
(4) Member agrees to oversee the submission and administration of the Business, Community, Professional, and Property information provided by the Member and maintain their accuracy at all times. RCMP reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Member Microsites posted on the Member's website or Social Media sites or on the RCMP website. While RCMP shall take all reasonable efforts for data backup and business resumption, the Member will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to RCMP.
Automated Queries
GENERAL AUTOMATED QUERIES
RCMP utilizes automatic computer queries to generate microsite presentations, return results for general searches, to filter and sort initial results, and more. Third party queries are displayed on the RCMP site to provide supplemental information such as Local School Information and Loan Payment Information. RCMP reserves the right to add other third party queries in the future if RCMP deems the acquired information from the query to be relevant and beneficial to RCMP site content.
Because microsite presentations and search results are generated from dynamic automated query searches, the returned results are only accurate to the level of data that is input by the member into the database from their Member Control Panel.
Third Party queried results that are displayed on the RCMP site are only accurate to the level of data from which they query their results.
All information displayed on this site is deemed to be correct, but not guaranteed. Public & Member Viewers are encouraged to conduct their own independent verification of any and all information provided by this site to validate its accuracy and relevance to the viewer.
Regional results are automatically queried based on the computer IP address of the Public or Member Viewer as the default location in the absence of a current or cached session that includes specific location search parameters, then by City, State (or Province) or Postal Code search parameters as entered by the User, and includes results within a preselected geopgraphical range based on the queried base location.
In the event a particular microsite does not show up in a particular search result, the Member should double check to be sure all applicable fields have been filled out accurately from which the automated query would call the information into play for the particular search query. 99.9% of result inaccuracies are due to human error, which can be corrected by a thorough review of the data entered into the system.
RCMP is a marketing site which displays automatically queried information submitted by individual members based on the data, media, and other digitally available information submitted to the system by the members themselves. RCMP is not a regulatory board and does not implement procedures for verification of the information provided or displayed, however, the section in these Terms discussing Content Submission, Rules of Conduct, Listing & Content Policy Guidelines charges each Member with the responsibility to take the highest standard of care when submitting content to the RCMP website and system.
FEATURED BUSINESS OR PROPERTY QUERIES:
Executive Business Membership and Executive and Executive PLUS Real Estate Membership plans includes an automated query program feature where certain Business Microsites and Property Microsites may be displayed on certain Home Pages as 'featured' business or property presentations as follows:
The RCMP website utilizes five main home page locations which display queried results that relate to the topic of the particular home page. Each home page is associated with a particular Membership Category. Each home page contains a place for location search parameters to be selected by the Public or Member Viewer. In the absence of a current or cached session in which particular search parameters are selected or stored, the Public or Member Viewer's IP address location will be the default location for the 'featured' query.
The Real Estate Home Page is the default home page for all initial and non-cached Public & Member Viewer sessions on the RCMP website. The other four Home Page locations can be accessed by the viewer by selecting one of the corresponding home page header tabs.
When a Home Page is displaying, certain associated Featured Business or Featured Properties will be displayed in a randomly selected computer query of qualified microsites as follows:
Featured Businesses will display on the Home page that corresponds to that businesses main category (Shop / Dine / Stay / Do).
Executive Member level businesses that do not fall into Where To Shop, Dine, Stay, or Do categories will NOT appear in the main Featured Business Rotation at the top of the page, but CAN appear in random rotation at the bottom of each of the 5 Home pages in the area for Additional Resources under the associated Category, provided such microsite has been manually selected by the member as ‘Featured’ and not simply ‘Online’.
Properties will display on the appropriate Real Estate Home Page 'Featured Properties' rotations, subject to that property having been manually selected by the Member as ‘Featured’ and not simply ‘Online'.
Featured Business & Property Presentations will be selected and displayed from a completely randomized, computer generated, automatically queried rotation based on the search or default location as defined above, and including results located within a pre-selected 'Regional Radius Range' of the main location as defined by RCMP, which is subject to change from time to time and location to location as RCMP deems necessary. The selected Business or Property order of presentation is totally random, and dynamically generated with EACH return to any particular Home page on the site. Featured Business and Property selections are queried from qualifying Activated and Published Microsites presented by currently paid Members of good standing at the Executive or Executive Plus level of membership. RCMP reserves the right to remove any Business or Property Microsite from the Featured rotation query for any reason or no reason, at its sole discretion, in order to maintain the level of quality expected for a 'Featured' Business or Property Home Page display. In the absence of any particular type of Featured Property or Business in the selected or default search area, ‘other’ RCMP featured businesses and properties may be displayed, in a computerized random fashion, and at the sole discretion of RCMP, until such time as a ‘Local’ featured property or business in any particular category that matches the selected search criteria is available for display.
Conduct, Content, and Cooperation Guidelines
Specific Membership rules of conduct & content referred to in ‘Membership Types, Restrictions, & Disclosure’ shall be made a part of this section by reference herein. Additionally, the following rules & guidelines apply to both Members and Public Viewer ‘users’:
You understand that all information, intellectual property, data, digital media, photographs, graphics, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. RCMP reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via RCMP services. You understand, notwithstanding the rules of conduct defined herein, that by using RCMP services you may be exposed to Content that is offensive, indecent or objectionable, and that you use RCMP services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using the RCMP website or program services and for any consequences thereof. You agree to use RCMP services only for purposes that are legal, proper, and respect the rights and dignity of others, are in accordance with the Terms and any applicable policies or guidelines of the RCMP website and program services, and that adhere and comply with local community standards. You agree that you will not engage in any activity that interferes with or disrupts RCMP services or servers or networks connected to RCMP services. You agree that whether a Public Viewer ‘user’ or paid Member, you will not:
Post, transmit, or otherwise make available, through or in connection with the RCMP website or other program services:
1) Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
2) Any material that would give rise to criminal or civil liability; that promotes gambling; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities including but not limited to those such as “hacking,” “cracking,” or “phreaking.”
3) Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
4) Any material, non-public information about a business, organization, professional, or property without the proper authorization to do so.
5) Use the Site for any fraudulent or unlawful purpose.
6) Use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
7) Impersonate any person or entity, including without limitation any of our representatives (or our affiliates); falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.
8) Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
9) Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
10) Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
11) Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
12) Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
13) Frame or mirror any part of the Site without our express prior written consent.
14) Create a database by systematically downloading and storing all or any Site content.
15) Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases, at any time.
16) Additionally, you acknowledge and agree that you (and not RCMP) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
In addition to this agreement, your use of some specific RCMP services may be additionally governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
All paid Members agree to fully cooperate with the cross-marketing nature of microsite information being posted, and hosted on other member microsites for the purpose of more effectively displaying member content throughout integrated member website links and member social media outlets.
Members shall in no way discourage any other member from posting a member owned microsite that ‘contains’ information from another member microsite from being shared on any particular website or social media outlet, or any other digital means of dissemination, unless such website or digital location is in violation of the code of conduct rules outlined herein.
Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site as provided in these Terms.
Violations of these rules should be submitted to RCMP at compliance@realtyandcommunity.com.
Listing Policy Guidelines
Specific Property Microsite Presentations, (otherwise known as "Listings" on the RCMP site), can only be submitted by paid Real Estate Member subscribers of RCMP.
By subscribing as a paid Real Estate Member, you hereby represent that you are either:
a) A legally licensed Real Estate Agent/Broker acting under a duly authorized Broker to legally represent the Listing and who is in good standing in the jurisdiction covering the geographical location of the Listing, or
b) You are the Legal Business Representative or Property Manager for the Listing, and that you have written authorization from the owner of said property to List said property on this website.
By creating a Listing on this website, the member agrees to offer reasonable compensation to other licensed RCMB Members who act in the capacity of a Buyer's Broker to a closed sale, rent, or exchange transaction. Because RCMP presents a wide geographical range of property locations across the United States and Canadian locals, it is impossible for RCMP to regulate or enforce compensation agreements as a local MLS Association Board can do, (and RCMP is NOT an MLS Association or Board). This policy is intended to provide a 'guideline' to address compensation intent only, and is in no way to be considered a legally binding listing contract (except to the extent that the law may provide for an ‘open listing’ to be created herein) , and RCMP encourages all parties to any Real Estate transaction to formalize, in writing, any specific terms and amounts of compensation agreed upon between all parties PRIOR to showing the property or execution of any contracts for said property. If a particular circumstance requires a listing to carry a NO COMPENSATION or drastically reduced compensation policy, please be advised to disclose said policy in the remarks area of the listing to avoid confusion or possible removal from the system. RCMP cannot and will not provide any type of mediation or enforcement of commission arrangements outside of this 'policy' statement of intent to compensate as stated herein, and shall be held harmless in any disputes over compensation between Members and/or Non-Members. RCMP does, however, reserve the right to suspend or terminate any member who at the sole discretion of RCMP, fails to act in good faith to offer reasonable compensation or cooperate with other RCMP Members with respect to facilitating the showing of said property by other RCMP members. This policy is intended to establish "an understanding" between all RCMP Real Estate Members of the intent to offer fair & legal compensation to other RCMP Real Estate Members who contribute to the sale, rent/lease, or exchange of a listed RCMP property as outlined herein, and to encourage and charge each member with the responsibility to negotiate and formalize written agreements with respect to any and all specific details of said compensation between any and all parties involved. No agency relationship is being created between RCMP and any Real Property owner, and this policy is not intended to be legal advice, but a 'policy guideline' only. Please seek you own independent legal advice on these matters.
Privacy Policy; Additional Terms
The RCMP Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services, and you consent to our use of data in compliance with the Privacy Policy.
Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.
Coupons and Offers
RCMP is solely the marketer of Merchant/Member Coupons or Offers displayed on this site, in RCMP Microsites, or otherwise accessed by this marketing program. RCMP does not represent or warrant any product, service, or offer thus promoted or presented for availability, marketability, suitability or any other attribute. This includes coupons and/or offers accessed via the Public Coupon and/or Offer presentation, Member Only Coupon and/or Offer access area, or any coupon and/or offer presented in any other area of individual member microsites, including but not limited to Mobile Scan codes or images, or those accessed via third-party links from the RCMP site or microsites.
You must be 18 years or older to be eligible to redeem Coupons and/or Offers presented and/or accessed from this site.
Some Coupons and/or Offers are not available for redemption beyond certain geographical and jurisdictional boundaries. Additionally, any and all coupons and offers displayed on the RCMP site are subject to the expiration dates, terms, conditions, & disclaimers as listed on or referenced by said coupons and/or offers, and shall be subject to the laws & restrictions of the state in which the RCMP Member who is offering the coupon and/or offer is located. The RCMP Merchant/Member IS the issuer of any coupon or offer, and is solely responsible for redeeming said coupon or offer, and is responsible for adhering to the local, State, and Federal regulations governing lawful coupons & offers within their area of expertise and geographical jurisdiction. The RCMP Merchant/Member is also solely responsible for all goods and services it provides in connection with said coupon and/or offer and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause a redeemer of said coupon and/or offer to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Coupon and/or Offer or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Coupons and/or Offers.
You hereby irrevocably waive all rights related to, and release RCMP and its subsidiaries, affiliates, partners, officers, directors, employees, subcontractors, and agents from any liabilities arising from or related to any act or omission of a Merchant/Member in connection with your use of a Coupon and/or Offer, or use or purchase of any product and/or service it may provide in connection with it.
By purchasing, printing, accepting, using or attempting to use any Coupon and/or Offer, you agree to these Terms and/or any additional specific terms related to the Coupon and/or Offer at the time of purchase or redemption. These Terms apply to all Coupons and/or Offers, unless the Fine Print on a particular Coupon and/or Offer states otherwise, and except as otherwise required by law.
MEMBER OFFERED COUPONS, OFFERS, & PROMOTIONS:
Any and all coupons, offers, & promotions displayed on RCMP microsites are presented by and to be fulfilled by the respective Microsite Member / Presenter / Sponsor and use of said coupons, offers, & promotions by the viewing public is subject to the individual rules & terms of each coupon, offer, or promotion. RCMP is not responsible for the fulfillment of any coupon, offer, or promotion displayed on this site. The presenting member shall be the sole source of remedy for issues arising out of any dispute regarding any coupon, offer, or promotion and the public viewer shall be bound by the rules and conditions contained in the coupons, offers, & promotions presented on this site.
RCMP offered Contests, Offers, Coupons, and Promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.
Storage & Modification
CONTENT STORAGE: You agree that RCMP has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by RCMP services. You acknowledge that RCMP may have set no fixed upper limit on the number of transmissions you may send or receive through RCMP services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
MODIFICATIONS TO SERVICE: RCMP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, RCMP services (or any part thereof) with or without notice. You agree that RCMP shall not be liable to you or to any third party for any modification, suspension or discontinuance of RCMP services.
Permissions, License, Access, and Ownership
LICENSE AND ACCESS: RCMP grants you a limited non-exclusive, revocable, non-transferable license to access and make use of RCMP information solely in accordance with these Terms. This is a Single Copy (Instance) license, not a transfer of title, and is subject to the following restrictions: unless you receive prior written consent from RCMP and unless you receive any required regulatory approvals, you may not: modify the Materials, Content, Services or Accounts or use them for any commercial purpose or any public display, performance, sale or rental; you agree not to download or copy information for the benefit of another business, or employ any use of data mining, robots, or similar data gathering and extraction tool to decompile, reverse engineer, or disassemble software, Materials, Content, Services or Accounts. You agree not to remove any copyright or other proprietary notices from the Materials, Content, Services or Accounts; and unless otherwise provided herein, transfer or resell the Materials, Content, Services or your Account to another person. You further agree to prevent any unauthorized copying of the Materials, Content, Services and Accounts.
RCMP grants you a limited, revocable, non-transferrable, and nonexclusive right to create a hyperlink to the home page of Realtyandcommunity.com, so long as the link does not portray Realty & Community, RealtyandCommunity.com or the RCMP in a false, misleading, derogatory, or otherwise offensive matter. You may not use any RCMP or Realty & Community logo or other proprietary graphic or trademark as part of the link without express written permission from Realty & Community, RCMP, and Oquatis, LLC.
You may not frame or utilize framing techniques to enclose any RCMP or Realty & Community trademark, logo, or other proprietary information (including images, text, page layout, or form), or use any meta tags or any other "hidden text " using RCMP or Realty & Community names or trademarks.
We reserve the right to modify or terminate your Membership and use of the RCMP Products and Services for any reason, and without notice, without liability to you or any third party. Any unauthorized use of the RCMP Products and Services or breach of these Terms will terminate your license and access to Products and Services. You acknowledge that we may block access to our servers and/or membership for violations and if discovered your account may be immediately terminated without prior notice and without any refund of membership fees.
OWNERSHIP: RCMP retains all rights (including Intellectual Property Rights as defined below), title and interest in the RealtyandCommunity.com Website and all underlying technology and data including any enhancements and improvements thereto. Members shall use the RCMP system solely for their own use and shall not allow others to use the RCMP system under or through that Member's login ID/email and password, except as otherwise provided herein.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
RCMP (Oquatis LLC) owns all trademarks and service marks, and any associated logos of RCMP and RealtyandCommunity.com. All trademarks and service marks on the Site not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by RCMP, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade names, trademarks or service marks without the express prior written consent of the owner of such trade names, trademarks or service marks.
Your membership in and use of the RCMP Products and Services grants you no license or right to reproduce or otherwise use the RCMP or Realty & Community trademarks or any third party trademarks.
RCMP claims no ownership of any Content submitted, posted or displayed by you on or through RCMP services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through RCMP services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through RCMP services which are intended to be available to the members of the public, you grant RCMP a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on RCMP services for the purpose of displaying, distributing and promoting RCMP services. RCMP reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
Commercial Licenses:
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.
Payment Terms & Billing Policies
MEMBERSHIP FEES & RECURRING BILLING:
All Membership Plans are based on a month to month cycle.
All Membership payments are payable by a valid Credit Card only.
Credit Cards accepted are Mastercard & Visa.
Membership fees are exclusive of VAT or other sales tax, ncluding but not limited to proposed or future internet taxation which, if applicable to you, shall be payable by you at the then prevailing rate.
At the time you select 'Join' to become a 'Member', and enter your credit card information and authorize it to be charged, you will be charged, in advance, for the first month of your Core Membership Subscription Fee*, based on your selected plan level.
Monthly Membership is billed and paid in advance and is non-refundable.
Note: Core Membership Fees are one flat fee based on Plan level. There are no set-up fees added to the Core Membership Subscription Fees* when you join.
At the time you become a member, you authorize a recurring payment for services as follows:
Provided you don't cancel, upgrade, or downgrade your Core Membership Plan, your credit card will be charged the same recurring Core Membership Subscription Fee* every month. So long as you remain continuously paid, and do not cancel, upgrade, or downgrade your Core Membership Plan, your Core Membership Subscription Fee* will remain the same amount For The Life of your membership.
*Core Membership Subscription Fees are exclusive of any Taxes, Levies, Duties, or Fees that may be imposed by taxing authorities from time to time, the amounts of which are unknown, and unable to be known, by RCMP, and which you shall be responsible to pay in addition to your Core Membership Subscription Fees.
There will be no refunds or credits for unused partial cycles of service due to cancellation, or for cycles unused with an open account. Upgrades & Downgrades will be prorated and rebilled at the new rate, as described below.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. RCMP does not accept any liability for such loss.
In order to treat each person equally, no exceptions will be made.
UPGRADES & DOWNGRADES:
You may upgrade or downgrade your account at any time.
NO additional change fees or set-up fees will be charged for changes to your Core Membership Fees*.
DOWNGRADES:
At the time you authorize a DOWNGRADE OF MEMBERSHIP PLAN LEVEL, the following will occur:
1) Your billing cycle due date will not change. Any unused portion of your current month's prepaid billing amount that exceeds the new subscription plan pricing will be prorated and credited to your account.
2) A New Monthly Core Membership Subscription Fee* will be assessed according to the New Plan's current pricing at the time of upgrade or downgrade.
3) The subscription amount of your Core Membership Subscription Fee* will change to the newly selected Plan amount.
4) The new Price Lock For Life subscription pricing will be reset to the new downgraded plan Core Membership Subscription Fee* amount.
UPGRADES:
At the time you authorize an UPGRADE OF MEMBERSHIP PLAN LEVEL, the following will occur:
1) Your account billing cycle will remain the same.
2) Your account will be charged an amount calculated as follows:
The difference between the new higher subscription price, less the old lower subscription price prorated based on the number of days from the date of the plan change through the end of your billing cycle.
3) The subscription amount of your Core Membership Subscription Fee* will change to the newly selected Plan amount.
4) The new Price Lock For Life subscription pricing will be reset to the new upgraded plan Core Membership Subscription Fee* amount.
METERED COMPONENT PRICING:
Component features, products, & services are those items that are charged separately and outside of the Core Membership Subscription Fee*. Business Products & Services and Real Estate Property Listings are examples of items that fall under Metered Component Pricing. Other Metered Component Pricing features may be added to particular plans from time to time.
Components that are billed with metered pricing are handled as follows:
1) Real Estate Pricing & Signup page presentation and the Business Pricing & Signup page outline which components are subject to metered pricing.
2) Component metered pricing only applies to those components used over and above the allowable number of said components per the particular Core Membership Plan that you are on.
3) Each time a component is activated during a particular prepaid billing cycle, it will count as a 'tick' on the metered pricing log. At the end of each billing cycle, any 'tick' associated with a particular type of component will be automatically counted by the billing system, and charged for based on the current 'per component' pricing schedule based on your current plan subscription. The total for billed components will be added to the Core Membership Subscription Fee* which will be due on the next billing due date.
4) Core Membership Subscription Fees* are paid in advance. Metered Component pricing are paid in arrears, (or after their use during the previous billing cycle). Both fees are paid at the same time when the next billing date occurs.
5) All component pricing 'ticks' during a billing cycle will be charged at 100% of the per component pricing amount, regardless of the number of days that component may have been used during any particular billing cycle. In other words, there are no prorations for metered component pricing & billing.
6) Metered Component billing amounts are also exclusive of any Taxes, Levies, Duties, or Fees that may be imposed by taxing authorities from time to time, the amounts of which are unknown, and unable to be known, by RCMP, and which you shall be responsible to pay at the time charges are due.
7) In the event of subscription cancellation or termination before the end of a billing cycle in which metered component 'ticks' have occurred, you authorize RCMP to charge your credit card on file in the appropriate amount to satisfy accrued metered charges that are due plus any applicable fees as referenced in paragraph 6 above.
8) Pricing for Metered Components are subject to change from time to time, and are not included in the Price Lock For Life Core Subscription Fee* guaranteed 'safe pricing' program for continuously paid members on the same Core Membership Plan.
SPOTLIGHT MLS CONNECTION LIST:
'Spotlight MLS' connections are available at NO EXTRA CHARGE to ExecutivePLUS members subject to the following conditions:
(1) A Spotlight MLS Connection List will display to Public Viewer Users when the ‘Show Me More’ link is selected from the bottom of the results page when searching for Real Estate in a certain geographic area.
(2) ExecutivePLUS Members with a valid IDX connection link (in good standing and in accordance with their associated MLS Rules) on their personal or business websites are eligible to appear on the Spotlight MLS list.
(3) ExecutivePLUS Members wishing to appear on the Spotlight MLS List are responsible for entering the appropriate page link to their website where their IDX connection exists, and are responsible for independently testing the link for proper connectivity. Periodic testing by the member is advised in order to maintain the integrity of the Spotlight MLS Connection List.
(4) The Spotlight MLS list is populated according to certain regional and geographic parameters, and qualified members appear on the list in the order of their RCMP membership seniority first according to the date they joined as an ExecutivePLUS member, or the date they upgraded to an ExecutivePLUS level membership, whichever is later. The first in time in seniority appears first on the list in descending fashion, and alphabetically by last name thereafter. Seniority is further established by the date of which any particular MLS/IDX is entered into the system BY THE MEMBER, and EDITED to include Cities & Postal Codes served. Failure to enter said MLS/IDX link may result in another ExecutivePLUS member of lower seniority by date joined or upgraded, being placed ahead of you because you failed to enter your MLS/IDX link into the system. It is advised that Executive PLUS members who wish to enter an MLS/IDX link into the system, do so immediately upon joining. Once entered, the link can be edited without losing the place in the display order as referenced above.
(5) ExecutivePLUS members with Core Membership Subscription Fees paid current and accounts in good standing will retain the right to be listed on the Spotlight MLS List for their Geographic area.
Should said ExecutivePLUS Member's account go unpaid for any amount of time, or in the event of termination of the ExecutivePLUS Member account due to breach of Membership or Site/Service Terms & Conditions, or for other reasons as determined by RCMP, (by which no membership shall be unreasonably suspended,revoked, or terminated), that member may forfeit the right to appear on any ‘Spotlight MLS’ connection list. Seniority for purposes of list population may be adversely affected in the case of account suspension as well.
In the event of repeated connectivity failure (from Member Website) of any IDX connection link submitted by an ExecutivePLUS member in good standing, RCMP reserves the right to remove said member from the list as necessary until such link is restored to proper working order.
Spotlight MLS/IDX Program Details & Disclaimers
Spotlight MLS/IDX connections are available to qualified ExecutivePLUS Real Estate Members on a non-exclusive basis, populated on a regionally geographic list, according to seniority. See Section Payment Terms & Pricing for qualification details. The Spotlight MLS/IDX connection functions in the following manner:
1) A public viewer executes a Real Estate Property search in a particular City, State (or Province) location, or in a particular postal code location.
2) A results list is then displayed based on the location request being searched.
3) The initial search results are made up entirely of Real Estate Property Microsites from the RCMP Real Estate database.
4) At the bottom of the results page exists an invite that says: "Can't Find Your Ideal Property? Click here for more!"
5) When the above 'Click here for more!' link is selected, a NEW page will populate with a list of ExectivePLUS Members who offer connections to IDX/MLS links in areas in and around the Regional Location previously searched.
6) The list of ExecutivePLUS members defines what areas the member serves as well as the MLS Connections they provide, and offers individual links to each particular member’s IDX Connection on their personal or business website. When individually selected, each link will open the IDX/MLS connection in a separate tab and continue to leave the main RCMP webpage open for easy return to the RCMP site.
7) The RCMP website serves only to 'refer' public viewers to the Spotlight MLS/IDX search location at the Member's primary website. RCMP does NOT wrap or frame the Member's MLS/IDX search on the RCMP site.
8) The Public Viewer will be able to return to the RCMP website page they were on at any time by simply returning to the same browser tab that was, and still is, displaying the RCMP website.
9) If the Public Viewer chooses to stay on the Member's MLS/IDX search or to explore the Member's own Primary Website, then RCMP considers it a job well done, having redirected a Public Viewer directly to a Member's Primary Website location and MLS/IDX search!
10) Since RCMP is serving as a marketing system primarily 'pushing' a referral 'to' the MLS/IDX location on the Member's own Primary Website, and not as a 'display' location for any Member MLS/IDX location, RCMP Spotlight MLS/IDX redirects should be acceptable to both MLS & IDX providers for Members. However, it is recommended that every ExecutivePLUS member who wishes to participate in the Spotlight MLS/IDX program, review for themselves the Terms & Conditions of both their primary MLS as well as their IDX provider to satisfy themselves of the lack of conflict between the functionality of the RCMP Spotlight MLS/IDX redirect and the terms & conditions of the MLS and IDX provider.
11) Under no circumstances shall RCMP be held liable for any loss or damage of any kind arising out of the use or lack thereof of MLS/IDX Spotlight services by Public Viewers or Member Users of the RCMP website or services. It is the sole responsibility of the RCMP Spotlight MLS/IDX Member to know and understand the rules and requirements of their own MLS and IDX providers.
12) Spotlight MLS/IDX Members who participate in the program represent and warrant that they have a fully functional MLS/IDX search page URL available and able to be linked to by RCMP, and that they will submit said URL for linked connectivity to RCMP via the Member Control panel, and test said connection for proper connectivity. It is important to the integrity of the RCMP site that Public Viewers get to an appropriate MLS/IDX search consistent with the selected or default search location matching their original search results.
13) It is the ExecutivePLUS Member's responsibility to post an authorized and linkable URL to produce that appropriate MLS/IDX search link.
14) Any one member may list as many MLS/IDX links as they are authorized to use (See Paragraph 12). Each MLS/IDX link will populate according to the areas and postal codes that the Member has listed on their MLS/IDX profile, and Member warrants that no area or postal code not served by that MLS/IDX link will be listed as so serving. In the event that RCMP is made aware of any violations of this provision, RCMP may, at its sole discretion, remove the MLS/IDX link in question, or disable the MLS/IDX capability of the infringing member. No refunds or prorations will be made in the event of removal or disqualification from this portion of the program. Any seniority acquired will also be forfeited.
15) If multiple members are authorized to use the same MLS/IDX URL, RCMP will allow the same URL to be used on more than one member profile, so long as each MLS/IDX URL is associated with a distinct and separate RCMP Membership account. in such cases, Member warrants that the MLS/IDX agreement they abide by will allow multiple users to share said MLS/IDX link, and only users so authorized shall use the link on this site.
16) All rules and regulations stated herein regarding MLS/IDX usage and links thereto shall apply to any such MLS Integration or Interface that functions like an IDX no matter what it may be named or how it is referenced. The intent of these provisions shall apply to any similarly functioning system.
17) RCMP shall not be held liable, in any way, for any infraction of the Terms of Use or other legal agreement between the Member and their own contracted MLS/IDX or similar service. Abiding by the rules of the MLS/IDX so contracted is the responsibility of each RCMP member who benefits by those services.
No refunds will be given to ExecutivePLUS members who, for their own reasons, elect not to participate in the Spotlight MLS/IDX program.
OTHER FEES:
New products, services, & components may be added to the Program and Service from time to time.
Some new items will be considered Core Features, and will be added to the appropriate plan level features at no charge to current members in good standing.
Other premium products or metered components may be added to Core Membership features based on 'additional fee' pricing.
Billing procedures and pricing for 'additional fee' products or metered components will be added to both these Terms & Conditions of the website and program, as well as to the respective Pricing & Signup pages available for review at http://realtyandcommunity.com.
GUARANTEES AND REFUNDS:
Price Lock For Life Guarantee:
When a member joins the RCMP program, so long as that member's account remains continuously paid in good standing, and the member remains on the original plan on which the Member was signed up, the Core Membership Subscription Fee* will never change, even if pricing for the same Membership Level should go up over time for new members.
In the event a Member should upgrade or downgrade their plan, the then current 'new' Core Membership Subscription Fee for the newly upgraded or downgraded account level will become the ‘new' Price Lock For Life guaranteed price.
Pricing will never be lower than the day you become a member. Most members pick the highest plan level that they are likely to want to use, and Lock In that Price For Life to avoid having to upgrade later and be Locked In at the then current potentially higher pricing for that level.
Refund Policy:
The products, services, & components available to Members of the RCMP program and website are straightforward and viewable by viewing the website as a public viewer at http://realtyandcommunity.com, and by reviewing pages at: About The Program, Real Estate Pricing & Sign Up, Business Pricing & Signup, and Question & Answers available on the website. All membership subscriptions are prepaid on a month to month basis, with the ability to upgrade, downgrade, or cancel at anytime. There are no set-up fees or other large upfront fees added to Core Membership Subscription Fees.
The Realty & Community Regional Cross-Marketing ProgramTM and website should be an effective marketing tool for any member who puts in a reasonable amount of effort, and all paid members are able to access premium coupons, offers, & programs exclusively offered by existing RCMP members to new RCMP Members from the first day of their paid subscription period.
For these reasons, No refunds or prorated fees are offered to any member upon cancellation of Membership.
Termination of access to the Member Area of the site will be immediate upon Cancellation of Membership.
Membership can be restored with media & data intact at any time, but reactivation of membership at a subsequent time will result in said reactivated membership being charged at the then current Core Membership Subscription Fee rate for the newly reactivated plan level at the time of reactivation of Membership.
No refunds will be given to ExecutivePLUS members who, for their own reasons, elect not to participate in the Spotlight MLS/IDX program.
Maps Disclaimer
Maps provided on the RCMP Website and on RCMP Microsites are informational only. No representation is made or warranty given as to their content, road conditions, or route usability or expeditiousness. User assumes all risk of use. RCMP assumes no responsibility for any loss or delay resulting from such use. Commercial reproduction of any RCMP map, maps or material is strictly prohibited. You may copy this information only as necessary for your personal use to (1) view it on your screen, (2) save a single copy on your hard drive or disk, (3) print it, and (4) transfer it to a portable computer device, provided that you do not remove any copyright notices that appear and do not modify the information in any way. You may not otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this information, and may not transfer or distribute it in any form, for any purpose, unless as completely intact within a RCMP Microsite shared across social networks or other non-commercial electronic media sharing outlets.
Without limiting the foregoing, you may not use this information with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications.
This information is provided to you "as is," and you agree to use it at your own risk. RCMP make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this information, or that the information or server will be uninterrupted or error-free.
RCMP shall not be liable to you: in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the information; or for any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of your use of or inability to use this information, any defect in the information, or the breach of these terms or conditions, whether in an action in contract or tort or based on a warranty, even if RCMP has been advised of the possibility of such damages.
RCMP Members are encouraged to review the map(s) displayed on all microsites associated with their account for accuracy, and where applicable, adjust the location markers for increased accuracy. For questions or concerns related to maps contact support@realtyandcommunity.com.
RCMP maps are created in conjunction with OpenStreetMap data and tiles which are provided through the MapQuest Open Services pursuant to the Creative Commons – Attribution-Sharealike License. 2.0, the terms of which are available at http://creativecommons.org/licenses/by-sa/2.0/.
Third Party Links, Linked Material, & Affiliate Links
RCMP site and Member Microsites contain links to websites not necessarily under the control of RCMP (each a ‘Third Party Site’). RCMP works with a number of partners and affiliates whose sites are linked with RCMP. RCMP may also provide links to other citations or resources with whom it is not affiliated. RCMP is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their Web sites. RCMP does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties is not responsible for web-casting or any other form of transmission received from any Third Party Site. RCMP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RCMP of the Third Party Site, nor does it imply that RCMP sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. You should carefully review their privacy statements and other conditions of use. Any links to any portion of the Site shall be the responsibility of the linking party, and RCMP shall not be responsible for notification of any change in name or location of any information on the Site.
RCMP reserves the right to terminate any link or linking program at any time.
Local School Information is provided by a Third Party application, Great Schools, that provides local ratings as part of their application. RCMP does not verify, endorse, or have an opinion as to the performance or community opinion of any school presented on said third party application, and shall not be held responsible for the results of or display of said ratings, nor the inclusion or exclusion of any school so included or excluded on the display. Refer to the terms and conditions of the Great Schools site for information about their rating system and other provisions of use.
Loan Payment information is provided by a third party application, Mortgage Calculator. See their site for terms and conditions of use. RCMP shall not be held liable for the accuracy or validity of any information provided through the integration of this service. All financial information, including results of using the Mortgage Calculator / Loan Calculator service on this site should be verified by the individual using the service. RCMP is not a loan or mortgage company and provides this third party information as a free service to its viewers, and encourages each viewer and member to investigate independently any information provided therein for accuracy and relevance to each situation.
AFFILIATE LINKS: In certain cases RCMP may receive a commission for a product or service purchased via a link provided on the RCMP site. Receipt of any such commission shall not be construed to indicate a recommendation or endorsement of any particular product or service. Affiliate commissions help RCMP to maintain low membership fees and a predominantly ad-free environment. Thank you in advance for your purchase of products and/or services from affiliate company websites located throughout the site.
Affiliate Program
An RCMP Affiliate Program is under development. Updates, guidelines, terms and conditions, etc, will be made available to you as the program develops, and will be included, when appropriate, in these terms of use. Please check back frequently for Affiliate Program details.
RCMP Affiliates agree to abide by the general site Terms & Conditions outlined herein, RCMP Privacy Policy, and RCMP Affiliate Program Guidelines as may be updated from time to time.
For updated information on the RCMP Affiliate Program email: affiliates@realtyandcommunity.com
ADVERTISING
Public Users and Paid Members understand and agree that the Service provided is primarily ad free, RCMP may, from time to time, include advertisements in the event that these advertisements become necessary for RealtyandCommunity.com to provide the Service. Any correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such advertiser. All users and members agree that RCMP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Under no circumstances will your private information be shared with any advertiser(s) who may contract with the site.
Unsolicited Commercial Email & Electronic Communication
By becoming a Member or creating a User Account, you agree that you may receive communications from RCMP such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.
When you visit RealtyandCommunity.com or send e-mails to us or to our members, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Communication with You
We reserve the right to send messages to you to inform you of:
- changes or additions to this website or the Services;
- changes to this Agreement or any of the Fee Schedules;
- violations of this Agreement or cancellation, suspension, termination or other action respecting your privilege to access and use this website or the Services;
- confirmation that your initiated email message has been delivered to a member; or
- any other matter related to this website, the Services or this Agreement.
Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement.
Compliance with Laws:
RCMP prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Send A Message or other email services that RCMP offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using RCMP Services and Tools, Members and Public Users agree to send email only to those who have given specific consent or with whom Member or Public User has an established business relationship. RCMP has the right to revoke the privileges of any Member, User, or company that breaches these terms, including but not limited to the following:
The services of RCMP shall only be used for lawful purposes and you shall be used only in compliance with this Agreement, the CAN-SPAM Act and regulations there under and all other applicable U.S., state, local and international laws in your jurisdiction, including but not limited to (i) Canada's Anti-Spam Legislation and any other policies and laws related to unsolicited emails, spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws, (ii) laws relating to advertising, sales or promotional efforts or practices, redemption, refunds and provision of your products or services, and (iii) laws that govern false, unfair and deceptive practices, coupons, gift cards/certificates, defective products or services, unclaimed property, alcohol or tobacco, health and safety, fire, and hygiene standards. You will refrain from unethical, false or misleading advertising, promotions, or sales efforts and practices in connection with your use of the Services.
RCMP reserves the right to remove any content, including event registrations, or prohibit any use of the Services that we believe may be (or is alleged to be) in violation of the foregoing or any other provision of this Agreement. In no case will such monitoring or related action make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.
You acknowledge that we provide answers to frequently asked questions and other information and marketing tips, and that such assistance is not intended to and does not constitute legal advice and that no attorney-client relationship is formed. We do not warrant or guarantee that compliance with this information will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. You accept total responsibility for informing yourself and adhering to the laws and guidelines outlined above, and those that may be put in place from time to time in the future.
Changes, Discontinuance, & Termination:
MODIFICATIONS TO SERVICE PLANS AND PRICING:
RCMP reserves the right to change the terms, conditions, and notices under which the RealtyandCommunity.com website is offered.
RCMP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change. Such notice may be provided at any time by posting the changes to the RCMP site (realtyandcommunity.com) or the Service itself.
Price Lock For Life Members will not be affected by price increases, as outlined in the section on Payment Terms, etc., but may be affected by service modification or discontinuation.
RCMP shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You understand and agree that your use of RealtyandCommunity.com after the date on which the Terms and Conditions have changed shall be treated as acceptance of the updated Terms and Conditions.
TERMINATION OF MEMBERSHIP OR USER ACCOUNT:
RCMP reserves the right to terminate a Paid Membership or Public User Account at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of RCMP services, nonpayment of fees owed by you in connection with RCMP services, account inactivity, or technical or security issues. Upon termination, RCMP shall have no obligation to maintain or forward any content in your account.
COPYRIGHT (INFRINGMENT – NOTICE – PROCEDURES)
Under United States federal law, you retain copyright on all works you create and post as Member/User Content, unless you choose specifically to renounce it. In posting a work as Member/User Content, you authorize other members who have access to that service to make personal and customary use of the work (as provided in these terms), including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give written permission for such dissemination.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS:
When accessing RCMP or using Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your RCMP Member or User account.
RCMP has adopted a policy that provides for the immediate removal of any content, listing, article, event, image, or other materials that have infringed on the rights of RCMP or of a third party or that violate intellectual property rights generally. RCMP's policy is to remove such infringing content or materials and investigate such allegations immediately.
COPYRIGHT INFRINGEMENT:
Notice
RCMP has in place certain legally mandated procedures put in place to address allegations of copyright infringement occurring on the Site or with the Service. RCMP has adopted a policy that provides for the immediate suspension and/or termination of any Member, or Public User who is found to have infringed the rights of RCMP or of a third party, or otherwise violated any intellectual laws or regulations. RCMP's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want RCMP to delete, edit, or disable the material in question, you must provide the RCMP with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material including identifying information for the listing, if applicable; (4) Information reasonably sufficient to permit RCMP to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
Copyright Agent
c/o Realty & Community
PO Box 22014
Flagstaff, Arizona 86002
copyrightagent@realtyandcommunity.com
Counter-Notice
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Phoenix, Arizona, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, RCMP may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at RCMP's sole discretion.
Copyrights: All Site design, text, graphics, the selection and arrangement thereof, copyright RealtyandCommunity.com & Oquatis, LLC. ALL RIGHTS RESERVED.
Trademarks, Patents, & Intellectual Property:
The Site is the property of RealtyandCommunity.com (RCMP and Oquatis LLC) and is protected by applicable copyright, patent, trademark or other intellectual property law. RCMP retains its title, ownership rights, and intellectual property rights in and to the Site. You agree to abide by any copyright notice or other restriction contained in any individual information, software, microsite, or other material accessible through the Site.
See Permissions (License, Access, and Ownership) for further documentation.
Trademarks. RCMP, RealtyandCommunity logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of RealtyandCommunity.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SYSTEMS, SOFTWARE AND RELATED SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, BOTH NOW OR IN THE FUTURE, ARE PROVIDED BY RCMP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RCMP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, SYSTEMS, OR RELATED SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, BOTH NOW OR IN THE FUTURE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RCMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMENT, APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE RCMP INFORMATION, CONTENT, MATERIALS, PRODUCTS, SYSTEMS, SOFTWARE AND RELATED SERVICES, BOTH NOW AND IN THE FUTURE.
RCMP DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE OR RELATED SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM RCMP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RCMP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, SYSTEMS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, NOW OR IN THE FUTURE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, SYSTEMS, OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE RCMP SITE, SYSTEMS, OR RELATED SERVICES, THE PROVISIOIN OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, SYSTEMS, OR SERVICES MADE AVAILABLE OR OBTAINED THROUGH RCMP, OR OTHERWISE ARISING OUT OF THE USE OF RCMP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RCMP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
EXCLUSIVE REMEDY
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RCMP SITE, SYSTEMS, SOFTWARE OR RELATED SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RCMP SITE, SYSTEMS, AND RELATED SERVICES.
California Supply Chain Transparency Law
On January 1, 2012, the California Transparency in Supply Chains Act of 2010 (SB 657) (“Act”) went into effect in the State of California. The Act seeks the elimination of slavery and human trafficking from product supply chains and requires that companies disclose their efforts to ensure that their supply chains are free from slavery and human trafficking.
RCMP Members who fall within the guidelines of the Act agree to abide by the Act as
outlined therein. RCMP reserves the right to terminate membership, at its sole discretion, to any member based in California who does not abide by the disclosure rules outlined in the Act as so required.
Indemnification and Hold Harmless
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU WILL HOLD RCMP, RealtyandCommunity.com, OQUATIS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, HOWEVER IT ARISES, INCLUDING BUT NOT LIMITED TO (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF RCMP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF THERE IS LIABILITY FOUND ON THE PART OF RCMP, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
SITE POLICY MODIFICATIONS, WAIVER, AND SEVERABILITY
Please review our other policies, such as our privacy policy (make a link to it) posted on this site. These policies also govern your visit and use of RealtyandCommunity.com (RCMP). We reserve the right to make changes to our site, policies, and these site Terms and Conditions at any time. Your continued use of the site and/or services after said changes are posted constitutes agreement to the new or modified Terms and Conditions, and/or policies therein. The failure of RCMP to exercise or enforce any right or provision of the Terms and Conditions, or other site policies, shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions, or other site policies, is found by a court of competent jurisdiction to be invalid, void, or for any reason unenforceable, and that condition shall be deemed severable (not affecting the validity and enforceability of any remaining condition), 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 Terms and Conditions, and/or other site policies shall remain in full force and effect.
DISPUTES
Any dispute or claim relating in any way to your visit, membership, or use of RCMP Site, Systems, or Services will be resolved by submission to confidential binding arbitration in the State of Arizona, rather than in court, except that either party may assert claims in small claims court if the claims qualify. You hereby consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights, and may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona.
Choice of Governing and Applicable Law
By visiting, joining, or using the RCMP Site, Systems, and/or Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and RCMP (The Company and / or Oquatis LLC).
You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Coconino County, Arizona for any and all disputes claims and actions arising from or in connection with the RCMP Site, Systems, Services, and/or Terms and Conditions of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorney’s fees.
Entire Agreement
The Terms and Conditions, (including any policies, guidelines, amendments, or legal notices that may be posted on the site and thus presented to you from time to time), constitute the entire agreement between you and RCMP and govern your use of the RCMP site, system, and/or related services, superseding any prior agreements between you and RCMP for the use of the RCMP Site, Systems, and/or Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other RCMP Services, partner services, third-party content or third-party Software that may become voluntarily available to you from time to time.
ASSIGNMENT
This agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under these Terms and Conditions of Use or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Public User, Member, or Customer without prior written consent of RCMP, which retains the right to withhold consent in its sole discretion.
NOTICES
You agree that RCMP may provide you with notices, including but not limited to those regarding changes to the Terms and Conditions, Privacy Policy, Pricing, Membership Plans, and Services by email, regular postal mail, or postings on the RCMP Website (RealtyandCommunity.com).
All notices made to RCMP (The Company) must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to the address provided below.
CONTACT INFORMATION
MAILING ADDRESS:
Realty & Community
PO Box 22014
Flagstaff, Arizona 86002
For General Inquiries or Complaints:
Attn: Managing Member
For Issues Relating to Copyright:
Attn: Copyright Agent
For Email Communication: support@realtyandcommunity.com
