Terms of Use: Pros - REcolorado

(Last Modified on April 19, 2019)

REcolorado Professional Account Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR ACCESS AND USE OF THIS SITE CAREFULLY.

1. Scope of These Terms of Use

This website, https://pros.recolorado.com/, (“REcolorado Connect” or the “Site”) is owned and operated by Metrolist, Inc., d/b/a REcolorado (“REcolorado”). The Site has been created to allow REcolorado users (“users”, “you” or “your”) to access and update your account with REcolorado (together with the Site, the “Services”). Your use of the Services is subject to and conditioned on your agreeing to the following terms of use as set forth in these Terms of Use (“Terms” or “Terms of Use”). You acknowledge and agree that, by accessing or using the Services, you are indicating that you have read, understand, and affirmatively agree to be bound by these Terms. This is a legally binding contract between you and REcolorado and governs your use of REcolorado Connect and any related web sites. You should consult an attorney if you do not understand it. THESE TERMS OF USE LIMIT YOUR LEGAL REMEDIES AND RECOLORADO’S LIABILITIES TO YOU. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY AND WITHOUT MODIFICATION, DO NOT USE THE SITE OR ANY SERVICES OFFERED ON THE SITE.

These Terms of Use do not apply to your use of unaffiliated websites of any other companies, organizations or individuals or to which the Site links. (“Other Sites”)

2. Acceptance of These Terms of Use

By using the Services, you agree to be bound to these Terms of Use and the REcolorado Professional Account Privacy Policy. The Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use and disclosure) is hereby incorporated into these Terms of Use. REcolorado, its subsidiaries, members, business affiliates and suppliers (“we” ”us” or “our”) make the information, products, and services provided on the Site available to you, conditioned on your acceptance without modification of these Terms of Use. We reserve the right to modify them, in our sole discretion, either with or without written notice, at any time. You should check these Terms of Use periodically for changes. By using the Services after we post any changes to these Terms of Use you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept these Terms of Use at any time, do not use the Services. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the Terms of Use hyperlink located at the bottom of the Site.

In addition to any other representations and promises in these Terms of Use, you make the following promises to REcolorado in return for REcolorado granting you access to the Site:

You represent and warrant that you are 18 years of age or older and of legal competence.
If using the Services on behalf of a third party, you represent and warrant that you are an authorized representative of that third party and that your use of the Services constitutes that third party’s acceptance of these Terms of Use.
You represent and warrant that all the information you may provide will be true and accurate to the best of your knowledge.
You acknowledge that REcolorado is not a real estate broker and does not offer real estate brokerage services.

3. Disclaimer Regarding Links

This Site includes links to other third party websites. These third party websites may collect information about you. Your use of these third party websites is subject to their respective terms of use and other policies, if applicable. We are not responsible for the availability of any other site to which this site links. We do not take responsibility for the contents, advertising, products, privacy policies or other material made available through any other site. Please direct your concerns to that other site’s webmaster or appropriate contact.

4. Account Registration; Account Use

If you create an account to use any of the Services, during the registration process, you must select a username and password. It is your responsibility to ensure that your password remains confidential. By registering, you agree that you will not allow others to use your account and that you are fully responsible for all activities that occur under your user name. We may assume that any communications we receive under your account have been made by you.

You agree to notify REcolorado immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by REcolorado or a third party due to someone else using your account.

We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other agreements, (b) requests by law enforcement or government agencies, (c) discontinuance or material modification of the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity (f) activities related to protecting the rights, property or safety of REcolorado, its agents and affiliates, its users and the public; or (g) if you provide any information, including registration information, that is false, inaccurate, out-of-date, or incomplete. If we terminate your right to access the Services, these Terms of Use will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms of Use will still apply post termination, including without limitation, the Limitation on Liability and Dispute Resolution provisions. Termination of your account may also include, at REcolorado’s sole discretion, the deletion of your account and/or User Generated Content.

5. Intellectual Property Rights Ownership

The Site and Services are owned and operated by REcolorado and contain material which is derived in whole or in part from material supplied by REcolorado and its partners, as well as other sources, and is REcolorado’s intellectual property and is protected by U.S. copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws. All names, logos, service marks and trademarks appearing on the Site, including brand identities, characters, graphics, designs, copyrights, trade dress, and all other intellectual property (collectively “Content”), is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by REcolorado or by third parties that have licensed their Content or the right to market and sell their products, services, or both to REcolorado. Such Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or exploited in any way, without proper license agreements. Nothing in these Terms of Use shall confer any right of ownership of any of the Content to you. Further, nothing in these Terms of Use shall be construed as granting by implication, estoppel or otherwise, any license or right to use any Content without the express written consent of REcolorado. The misuse of any Content on the Site is strictly prohibited and may expose you to liability.

6. User Generated Content

You grant to REcolorado a non-exclusive, world-wide, royalty-free, perpetual, irrevocable right and license to use, reproduce, distribute, publish, display, modify, edit, sell, lease, perform, and create derivative works and compilations of, the content you post on the Site, in whole or in part, including ratings, reviews, or any other content you post to the Site or to which you direct other Users to post on the Site (“User Generated Content”). This license applies to REcolorado’s use of your content on the Internet, and in any other medium now known or discovered in the future. You grant REcolorado the right to sublicense these rights to others, and to grant others the right to sublicense these rights. You acknowledge and agree that your username may be associated with any User Generated Content that you post.

You accept sole responsibility for all User Generated Content you post to the Site, whether publicly posted or privately transmitted. You represent and warrant that any User Generated Content will meet the following requirements:

You have the right to use, reproduce, display and link to it, and the right to grant to REcolorado the licenses you make under these Terms of Use.
It is true and accurate to the best of your knowledge.
It is not illegal, obscene, offensive, pornographic, indecent, or infringing on any rights of any third party (including intellectual property, privacy, and contract rights).
It does not contain viruses, worms and/or Trojan horses, malware, or any other type of virus or invasive software or code, or links to such code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.
It is not a commercial solicitation (except as expressly permitted in these Terms of Use) and does not constitute “spam” or any other communication unrelated to the purposes of these Terms of Use.

REcolorado reserves the right to monitor use of the Site to determine compliance with these Terms of Use and, in its sole and absolute discretion, to remove any User Generated Content. You agree that you will indemnify, defend and hold harmless REcolorado for all claims resulting from User Generated Content.

7. License and Use Restrictions

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Site and Services for your own personal use consistent with these Terms of Use.

By using the Site, you warrant to REcolorado that you will not use the Site for any unlawful purpose or any use prohibited pursuant to these Terms of Use. Your violation of any of these prohibitions automatically terminates your right to use the Site, and you are on notice that we intend to pursue our legal remedies for any violation.

You may not do any of the following while using the Site:

Post User Generated Content that is unlawful, harmful, tortious, false, inaccurate, misleading, or defamatory content on the Site.
Violate any laws or third party rights.
Use the Site at all if you are under the age of 18 or are legally incapable of forming binding contracts.
Transfer your user account to any other person or entity or provide your user ID and password to anyone else without REcolorado’s written permission.
Gather, or attempt to gather, by any automated means, including but not limited to “screen scraping” or “database scraping,” any Content from the Site.
Through misrepresentation or otherwise, solicit personal or sensitive information from other users including without limitation address, credit card, or financial account information, or passwords.

REcolorado reserves the right, at any time, with or without notice, for any reason or no reason whatsoever, in its sole and absolute discretion, to block access to the Services, and/or cancel the account of any User. REcolorado also reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

8. Limitation of Liability; Warranties; Indemnification

You agree not to hold REcolorado liable for your use of third-party products, services, or both acquired through the Site. You also agree not to hold REcolorado liable for the actions, failures to act, or statements of any third parties, including any posts or reviews they make on the Site. Your use of the Services provided here are used at your own risk and you agree not to hold REcolorado liable for your reliance on any information on the Site, whether provided by REcolorado, another user, a third-party provider, or otherwise. UNDER NO CIRCUMSTANCES SHALL RECOLORADO (OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AFFILIATED COMPANIES) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM THE RELIANCE, USE OF, OR INABILITY TO USE THE SITE, THE CONTENT ON IT, OR THE PRODUCTS, SERVICES, OR BOTH PROVIDED THROUGH IT. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF RECOLORADO TO YOU FOR DAMAGES AND COSTS ARISING OUT OF THIS AGREEMENT EXCEED $100.

TO THE EXTENT PERMITTED BY LAW, RECOLORADO EXCLUDES AND DISCLAIMS ALL IMPLIED WARRANTIES. RECOLORADO PROVIDES THE SITE AND CONTENT ON IT ON AN “AS IS,” “AS AVAILABLE” BASIS. RECOLORADO MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF STATEMENTS ON IT. YOU ARE ADVISED THAT FACTUAL MATERIAL ON THE SITE MAY CONTAIN ERRORS AND IS SUBJECT TO REVISION AT ALL TIMES. YOU ARE ADVISED TO CONFIRM ALL FACTUAL MATERIAL UPON WHICH YOU INTEND TO RELY IN ANY TRANSACTION. FUTHER, YOU ARE ADVISED THAT COMMENTS ON THE SITE REPRESENT THE VIEWS OF THE POSTER, AND RECOLORADO DOES NOT ENDORSE THE VIEWS OR THE VALIDITY OF ANY FACTUAL STATEMENTS. RECOLORADO MAKES NO WARRANTIES THAT YOUR USE OF THE SITE OR CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

ADDITIONALLY, TO THE EXTENT PERMITTED BY LAW, RECOLORADO EXCLUDES AND DISCLAIMS ALL IMPLIED WARRANTIES FOR PRODUCTS OR SERVICES OFFERED THROUGH THE SITE. RECOLORADO PROVIDES PRODUCTS AND SERVICES ON AN “AS IS,” “AS AVAILABLE” BASIS. RECOLORADO MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY PRODUCTS. YOU ARE ADVISED THAT YOU USE ANY PRODUCTS OR SERVICES AT YOUR OWN RISK.

YOU RELEASE RECOLORADO (AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AFFILIATED COMPANIES) FROM ANY CLAIMS AND DAMAGES OF ANY KIND, ARISING FROM THE ACTIONS OF OTHER USERS OF THE SITE OR YOUR USE OF THIRD-PARTY PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE. YOU, AND NOT RECOLORADO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT.

SOME STATES DO NOT PERMIT THE EXCLUSIONS OF CERTAIN TYPES OF LIABILITY OR LIMITATIONS ON CERTAIN TYPES OF WARRANTIES. IF THESE STATE LAWS APPLY TO YOU, SOME OF THE LIMITATIONS AND EXCLUSIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS OR REMEDIES.

You will defend, indemnify and hold REcolorado (and its employees, officers, directors, and affiliated companies) harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) in any claim, demand, action or proceeding initiated by any third-party for your use of the Services, your violation of the Terms of Use or REcolorado Privacy Policy, your violation of applicable law, your submission or posting of User Generated Content to the Site, your use of third-party products and/or services purchased through the Site, or from your breach of this or any other agreement or violation of any law.

9. Claims of Copyright Infringement & Related Issues

We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:

Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.

If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:

A physical or electronic signature of the poster;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.

Notices of the foregoing copyright issues should be sent as follows:

By mail:
REcolorado
6455 South Yosemite Street, Suite 500
Greenwood Village, CO 80111
Attention: Compliance

By e-mail: compliance@REcolorado.com

If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

In accordance with Section 512(i)(1)(a) of the DMCA, REcolorado will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

It is REcolorado’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that REcolorado determines are reasonable under the circumstances.

This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: https://www.copyright.gov/onlinesp.

10. No Personal Advice

The information contained in or made available by the Site does not and is not intended to convey any form of personal advice to you. The information here cannot replace or substitute for the professional advice of a licensed real estate professional to answer any questions and help you understand and use the Services available through the Site.

11. Changes to The Site

REcolorado may make changes or improvements to the Site at any time without notice. All information on the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and REcolorado does not undertake any obligation to update such information after it is posted or to remove such information from the Site, even if it is no longer accurate or complete.

12. Jurisdictional Issues

We operate and control our Site from our offices in Greenwood Village, Colorado, in the United States of America. Persons who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13. Communications

You consent to electronic communications from REcolorado in the form of electronic mail. You can opt out of receiving such electronic communications by changing the user settings of your account.

You may provide notice to REcolorado by sending email to support@recolorado.com.

14. Miscellaneous

Governing Law; Arbitration: These Terms of Use will be governed by laws of the State of Colorado without regard to principles of conflicts of laws. You agree that any action at law or in equity that arises out of or relates to these Terms of Use or use of the Site will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Denver, Colorado.

Severability: If any of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.

Entire Agreement: These Terms of Use and the Privacy Policy constitute the entire agreement between you and us governing your access to, dealings with, and use of the Site.

Waiver: Any failure by REcolorado to assert any rights it may have under this agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.

Relationship with REcolorado: No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms of Use.

You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms of Use will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s) without limitation” or “including without limitation”, unless expressly stated otherwise.

This Agreement may be modified only by our posting of changes to these Terms of Use. Any inquiries regarding these Terms of Use should be directed to: support@recolorado.com.