THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH E&I CIRCLE OFFERS YOU ACCESS TO ITS WEBSITE AND ITS ASSOCIATED SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE.
E&I Circle provides online tools and information located at http://www.REICircle.com (the “Site”), including investment resources, marketplace ads, investment listings, network facilitation, message board forums, and various services (the “Service") subject to your compliance with the Terms and Conditions (the “Terms”) set forth below. By using the Service in any way, you are agreeing to comply with the Terms. Should you object or disagree to any Terms, or any subsequent modifications thereto, do not submit Content to or access Information from the Service and immediately discontinue use of the Site. E&I Circle has the right, but is not obligated, to strictly enforce the Terms.
E&I CIRCLE RESERVES THE RIGHT, AT ITS SOLD DISCRETION, TO CHANGE, MODIFY OR OTHERWISE ALTER THE TERMS FROM TIME TO TIME AND WITHOUT NOTICE, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING ONTO THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
By accessing the Service you agree that E&I Circle shall have the right to, without compensation to you, an irrevocable, perpetual, non-exclusive, license to use, reproduce, edit, copy, publish, distribute, transmit, translate, create derivative works of, and publicly display any Information you submit to the Site (in whole or in part) and otherwise use in any medium and for any purpose including, without limitation:
(a) for publication on the Internet for unrestricted use by E&I Circle members, visitors and partners.
(b) ideas contained therein for new or improved products and services.
(c) in connection with advertising, marketing and promotional material related thereto.
E&I Circle shall have sole authority to choose the manner in which any Information will be received, displayed and used. You agree that you shall have no recourse against E&I Circle for any alleged or actual infringement or misappropriation of any proprietary right.
E&I Circle does not control and accepts no responsibility for the Information that its members submit, upload, post, transmit or otherwise make available via the Service. Nor does E&I Circle endorse any opinions expressed by its members or third-parties. E&I Circle does not have any obligation to monitor, verify and do not guarantee the accuracy, integrity or quality of Information. You agree that under no circumstances will E&I Circle, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its partners be liable in any way, including, but not limited to, for any errors or omissions in the Information, or for any loss or damage of any kind incurred as a result of the use of the Information made available in connection with the Service, or for any failure to correct or remove Information.
You acknowledge and agree that E&I Circle may disclose your Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:
(a) comply with a current judicial proceeding, a court order or legal process served on us or the Site.
(b) in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that E&I Circle believe may expose us or you to legal liability.
(c) respond to claims that your Information violates the rights of third parties.
(d) protect the rights, properties or personal safety of E&I Circle, its employees, members and the public.
(e) enable the transfer or sale to another entity of all or part of its assets in the line of business or upon any other corporate reorganization.
In consideration for your use of the Service, you agree that any information, content, posting or other material submitted by you:
(a) shall not be fraudulent, deceptive, misleading, deceitful, or intentionally misinformative. You represent and warrant that all Information provided by you to be accurate.
(b) shall not be unlawful which violate (intentional or unintentional) any applicable local, state, national, international law, statute, ordinance or regulation.
(c) shall not infringe any content that you do not have a right to make available under any law or under contractual or fiduciary relationships, third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
(d) shall not use the Site as part of any effort to compete with E&I Circle, including without limitation, using the Service to provide any Information to any third-party or any use that causes a reduction or loss from an existing or potential E&I Circle users.
(e) shall not be harmful, threatening, abusive, harassing, defamatory, libelous, pornographic, vulgar, obscene, profane, intimidating, degrading or invasive of another's privacy.
(f) shall not be hateful or otherwise objectionable toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
(g) shall not violate the Fair Housing Act by stating, in any notice or ad for the sale of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status, handicap or other characteristics.
(h) shall not transmit any viruses, files, or programs designed to damage, destroy, intercept or expropriate any system, personal data, Information or limit the functionality of any computer software or hardware that may interfere with or disrupt the Service.
(i) shall not create liability or cause E&I Circle to lose the Service, members, users, partners or other suppliers.
(j) shall not link directly or indirectly to any materials to which you do not have a right to access.
(k) shall not include personal or identifying information about another person without that person's explicit consent.
(l) shall not post unsolicited commercial advertisement, promotional materials, or any other form of solicitation including, but not limited to, "spam", "junk mail", and "chain letters".
(m) shall not advertise any illegal service or the sale of any items of which is prohibited, restricted or regulated by any applicable law.
(n) shall not use misleading email addresses, false accounts, forged headers, manipulated identifiers in order to disguise the origin of Information or otherwise misrepresent your affiliation with any person or group.
(o) shall not impose an unreasonable or disproportionately large load on the Site’s infrastructure.
(p) shall not contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose.
(q) shall not collect or store personal data about members for commercial or purposes such as lead generator for another service.
(r) shall not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service
(s) shall not engage in any activity to gain unauthorized access to Information for the purpose of resale.
(t) shall not access the Site under the use of another member’s login ID/email and password.
Information means all contents and materials which are uploaded, posted, emailed, transmitted or otherwise made available on the Site including, without limitation, ads, classifieds, listings, group creations, forum messages, blogs. Without limiting the foregoing, E&I Circle and its designees shall have the right to remove any Information that violates the Terms or is otherwise objectionable.
Intellectual Property Rights means all intellectual property 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.
(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) proprietary rights relating to intangible property.
E&I Circle retains all rights and interest in the Site. Information displayed on the Site and through the Service is protected to the maximum extent permitted pursuant to copyrights laws and international conventions. You acknowledge that the Site contains Information, photographs, graphics, links and other material that are the properties of E&I Circle or third-parties. Unless with express written consent of E&I Circle or you are the rightful owner of the Content or its authorized agent, any reproduction, modification, transfer, disclose, or creation of derivative works, in whole or any portion thereof, is prohibited for further use, publication, distribution, sell or exploit for any commercial purposes. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained. You may not delete or alter author attributes or copyright notices. Any such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of E&I Circle or other third-parties.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify E&I Circle. E&I Circle will make every effort to remove the infringing Information. Please provide the following Notice:
(a) description of the copyrighted material on the Site that is infringed upon and identify its location.
(b) good faith statement that you believe the use of material is not authorized by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
(c) statement by you declaring under penalty of perjury that the claim in your Notice is accurate.
(d) your address, telephone number, and email address.
(e) an electronic or physical signature of the owner of the copyright interest or its authorized agent.
The Site contains hyperlink and access to external content, including third party websites, directories, information, databases, applications, software, programs, products or services, which are independently operated and out of the control of E&I Circle. E&I Circle makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such external sites. E&I Circle also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such sites and any links thereto. You understand that third-parties including advertisers, sponsors, members, and content partners may use E&I Circle's logo as part of a co-branding relationship to provide services or sell product lines. E&I Circle does not control, is not responsible for examining or evaluating, and does not endorse the offerings and content of any third-party. E&I Circle does not assume any liability (directly or indirectly). Your interactions with any third-party found on or through the Service, including acquiring service, purchase and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transactions.
In the event that you have a dispute with any service providers, organization, or other members, you hereby release E&I Circle, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or its Service.
E&I Circle reserves, in a manner consistent with reasonable commercial business practices and in its sole discretion, the right (but not the obligation) to issue warning, temporary suspend access to all or any portion of the Service, remove Information you have posted or terminate your account status for any reason including, without limitation:
(a) violating or acting inconsistent with the Terms.
(b) using the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination.
(c) for lack of use
(d) if E&I Circle is unable to verify or authenticate any Information you provide.
(e) if E&I Circle believes that your actions may cause legal liability for you, members, partners or to E&I Circle.
Termination of your membership, suspension of access or deletion of related Information and files in your account may be effected immediately and without prior notice. You agree that E&I Circle shall not be liable to you or any third party for any termination or disruption of your use of the Service. Further, you agree not to attempt to use the Service after said termination.
Link to Site. You may create hyperlink to the Site so long as the link does not portray E&I Circle, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. However, your use or display does not suggest that E&I Circle promotes or endorses any third party causes, ideas, web sites, products or services.
Backup of Information. You agree that E&I Circle has no responsibility or liability for the deletion or failure to store any Information maintained or transmitted to the Site. You will be solely responsible for retaining back-up copies of all your Information, photographs and other materials provided to the Site. E&I Circle shall not make efforts for data back-up.
Continuance of Service. You acknowledge that E&I Circle reserves the right at any time to modify or discontinue the Service or any part thereof, with or without notice, and that E&I Circle shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
Communications. You understand and agree that E&I Circle may send to its members certain communications, such as service announcements, updates, as well as meeting schedules relevant and beneficial to you, and that these communications are considered part of its Service. At any time, you can opt-out of receiving these communications.
Assignment. You agree that all rights herein, and all incorporated agreements may be automatically assigned by E&I Circle, in its sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of E&I Circle's assets, or similar transaction.
Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Entire Agreement. This constitutes the entire agreement between you and E&I Circle and governs your use of the Site and its Service, superseding any prior agreements between you and E&I Circle. The Terms and the relationship between you and E&I Circle shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and E&I Circle agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Santa Clara, California. The failure of E&I Circle to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, 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 remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By indicating during registration that you have read and agreed to the Terms, you are acknowledging that you have read, understand and agree to the Terms of this Agreement.