Real Estate Database, Inc. (Known as 'REDI')
You agree to remit a fully refundable/creditable deposit of $100.00 (one hundred dollars) which will reserve your preferred rate membership in the Iowa Commercial Data Exchange. You retain the rights to cancel anytime and be fully refunded with your deposit of $100.00 (one hundred dollars) prior to the official launch date.
3rd PARTY APPLICATIONS
We may use 3rd party technology applications which collectively are referred to as "REDI"
COPYRIGHT AND PROPRIETARY RIGHTS
REDI and all software used in connection with REDI are our property or the property of our suppliers, sponsors, licensors or affiliates (collectively, "Business Partners"), and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other laws, rules and regulations. We own a copyright in REDI software applications, in the database contained in REDI, and in the selection, coordination and arrangement of the Content. Except as expressly provided herein, neither we nor our Business Partners grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of REDI or any Content may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations.
"REDI", "REDI" affiliate program images and text, and all page headers, custom graphics and button icons are the service marks, trademarks, and/or trade dress of REDI ("Trademarks"). All other service marks, trademarks, product names and company names or logos displayed in REDI are the property of their respective owners. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify any of the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on REDI, without our prior written consent. We prohibit the use of any metatags or any other "hidden text" utilizing any of the Trademarks without our prior written consent. We also prohibit the use of any of the Trademarks as a "hot" link on or to any other web site, unless we approve the establishment of such a link in advance. Use of Internet bot’s (“robots”) for web scraping and harvesting of data including but not limited to gathering data, and data records, images, text, graphics, and any information from REDI is strictly prohibited.
ACCOUNT MAINTENANCE AND RESPONSIBILITY
Access to secured/password protected areas of REDI are restricted to authorized users. By accessing any secured/password protected area of REDI, you represent, warrant and covenant that you are authorized to do so and to engage in the activities and communications that you conduct thereunder. You agree to be solely responsible for the confidentiality and use of your password or username, as well as for any activities or communications conducted on REDI using your password. Unauthorized individuals attempting to access secured/password protected areas of REDI may be subject to prosecution.
TERM, TERMS, & TERMINATION
YOU EXPRESSLY AGREE THAT USE OF REDI IS AT YOUR SOLE RISK. REDI AND THE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.
NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT REDI WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF REDI.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND EACH OF OUR BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE RECOMMEND THAT OUR USERS MAINTAIN A BACKUP OF ANY PERSONAL PRIVATE DATA THEY HOUSE WITHIN REDI. LOSS OF PERSONAL REDI WILL NOT BE HELD LIABLE FOR ANY LOSS OF ANY PERSONAL PRIVATE DATA FOR ANY REASON.
LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH REDI OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING REDI.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING REDI OR ANY PART THEREOF ("COVERED PARTIES"), BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH REDI OR ANY CONTENT MADE AVAILABLE ON OR THROUGH IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event that REDI is liable for any damages arising in connection with REDI or any content made available on or through it, the aggregate liability of REDI and the Covered Parties shall not exceed in the aggregate the lesser of the amounts actually paid to REDI by you or for your use under the applicable Subscription Agreement for the one-month period preceding the first event that gave rise to the claims.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE INDEPENDENT AND SHALL SURVIVE ANY FAILURE OF ANY REMEDY (EXCLUSIVE OR OTHERWISE).
ADVERTISEMENTS AND LINKS TO OTHER SITES
We, in our sole discretion, may post the advertisements or other materials of third parties on REDI. Your correspondence or any other dealings with advertisers found on REDI are solely between you and such advertiser. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisements on REDI. Moreover, we shall not be responsible or liable for the statements or conduct of any such advertisers on REDI.
REDI may contain links to other web sites. These links are provided solely as a convenience to you and not as an affiliation, endorsement or adoption by us of such linked web sites or the content thereof. We are not responsible for the content of any linked sites and do not make any representations regarding the content or accuracy of materials on any linked sites. If you decide to access any linked site, you do so at your own risk. When leaving REDI, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms, conditions and policies, including privacy and data-gathering practices, of each linked site.
Any content that is posted or uploaded to REDI, or any communication that you post or upload to REDI is considered to be non-confidential, and that you own or have retained the rights for such use. By submitting any such content or communication, you automatically grant (or warrant that the owner of such communication or content has expressly granted) to us a royalty-free, transferable, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense our rights with respect to such communication or content through multiple tiers of sublicenses.
We do not and cannot review all communications and content posted or uploaded to REDI and are not responsible for these communications and content. However, we reserve the right to block or remove communications or content that we determine, in our sole discretion, to be (i) threatening, abusive, libelous, defamatory, inflammatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of the copyright, trademark, or other intellectual property rights or other rights of another, (iv) in violation of any applicable local, state, Federal or international law or regulation, or (v) offensive or otherwise unacceptable. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN OR PROVIDED THROUGH REDI SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION AND DOES NOT NECESSARILY REFLECT OUR OPINIONS OR THE OPINIONS OF OUR BUSINESS PARTNERS.
You shall not submit any property descriptions, photographs or other images, financial, transaction, tenant, contact or other information to REDI unless you have legal rights to publish and advertise and distribute the information to others through. You shall not submit any image to REDI if you have granted exclusive rights to such image to a third party, nor shall you submit any image to REDI and thereafter grant exclusive rights to such image to a third party. You shall not submit any image obtained from REDI to a third party if a requirement of submitting the image is the granting of exclusive rights to the image. You agree to take responsibility for all content you submit to REDI.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by REDI or otherwise disclosed, submitted or offered in connection with any user's use of REDI (collectively, "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all of the submitting user's worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in our use, commercial or otherwise, of any Comments. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay the submitting user any compensation for any Comments; or (iii) to respond to any user's Comments.
By participating in any sweepstakes, contests or promotions on REDI, and/or by requesting promotional information or product updates, you agree that we may use the information that you provide in connection therewith for marketing and promotional purposes.
You shall use the real property ownership information only for private matters and in the course of conducting your normal business activities as set forth in the Subscription Agreement;
You shall not use the real property ownership information for reproduction, sale, publication or any other use in relation to any product or service to be provided to any third party, or any other commercial exploitation;
You shall acquire no proprietary rights in or to the real property ownership information or in any data contained therein, which rights remain in REDI and its data suppliers;
You shall not disclose or provide the real property ownership information to any affiliates, parent organization, subsidiaries, consultants, shareholders, agents, third parties or any persons within your organization, if they do not have a need to know for the purposes permitted in this Agreement or are otherwise covered under this Agreement;
The data contained herein is sourced from public documents, is provided on an "as is, as available" basis, and the data supplier does not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, nor is the data supplier responsible for errors or omissions;
You acknowledge that the real property ownership information is proprietary information of REDI and its suppliers, under copyright, and has been furnished to you in trust. You acknowledge that the information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money. You will issue appropriate instructions to all of your employees having access to REDI concerning the restrictions contained herein, and shall initiate reasonable security measures to prevent the accidental or otherwise unauthorized use or release of the real property ownership information, with particular respect to consumer information that is considered "sensitive", namely: financial information including mortgage values, real estate loan information, default, and foreclosure information, as related to a named individual owner;
Any use of REDI by you pursuant to this Agreement, shall be at your own risk and REDI and its suppliers or licensors shall not be responsible for any errors or omissions;
REDI's data supplier is not responsible for any damages including, but not limited to, those incurred as a result of lost profits or revenue, loss of use of REDI, the cost of any substitute data, or claims by third parties, or for other similar costs. In no event shall REDI's data supplier be liable for any damages resulting from your inability or failure to access any web site.
CONFIDENTIALITY ON THE INTERNET
Use of the Internet is solely at your own risk and is subject to all applicable laws, rules and regulations. We are not responsible for the security of any information transmitted over the Internet. You assume all risks in transmitting material to or from REDI and must make your own determination as to these matters. For more private communication with REDI, you may contact us at REDI 1471A State Road 46, Balsam Lake, WI. 54810
EVENTS BEYOND OUR CONTROL
You absolve and release us from any claim of harm resulting from any cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telecommunications or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.