(Last Modified on April 19, 2019)
- You represent and warrant that you are 18 years of age or older and of legal competence.
- 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
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.
5. Intellectual Property Rights Ownership
6. User Generated Content
You grant to REcolorado a non-exclusive, worldwide, 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:
- 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.
7. License and Use Restrictions
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.
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:
6455 South Yosemite Street, Suite 500
Greenwood Village, CO 80111
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.
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 an email to email@example.com.
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.