Terms and Conditions

WWW.RETOOLZ.COM USER AGREEMENT

 

This Terms of Use Agreement (“Agreement”) shall control all interactions between www.REtoolz.com (“REtoolz” or “Company” or “Us” or “We”) and You (“You”, “User”, or “Member”) that occur on the Company’s REtoolz Website or related Websites (“Website” or “Service”). REtoolz is an online website geared towards providing a venue for real estate oriented products , resources and services. If You wish to use this service either to offer your products or services or to browse them, please read all of the Terms of Use below.

 

By creating a user account on the Website, You are expressly manifesting Your assent to all the terms set forth in this Agreement.

 

IF YOU OBJECT TO ANYTHING IN THIS AGREEMENT OR IN THE RETOOLZ PRIVACY POLICY, DO NOT USE THE WEBSITE OR SERVICE

 

  1. Website Service
    1. The Website is intended to be used for the purpose of providing a forum for real estate oriented service or product vendors to offer discounts to users of the website only. The Website is designed so that You may either make offers or browse offers and obtain information to evaluate the offers. The website is intended to be used for the purpose of providing a forum, ideas, tips and tools related to the real estate industry to and from real estate agents.
    2. Users have the option to purchase REtoolz, a social media offering from the Company for real estate agents, real estate brokers and small scale real estate companies. The REtoolz service allows users to set up and manage social media sites with the goal of increasing the User’s web presence and direct internet traffic to the User’s webpage. User shall pay the appropriate charges as specified at the time of purchase. Receipt of payment in full shall be a condition precedent to Company providing the REtoolz service.
  2. Prohibited Uses
    1. You will use the Service in a manner consistent with any and all applicable laws and regulations.  We are entitled to investigate and terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal.  The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement
      1. Illegal or unauthorized uses of the Website, including collecting usernames or email addresses of members by electronic or other means for the for any purpose or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
      2. You will not impersonate any person or entity.
      3. You will not stalk or otherwise harass any person.
      4. You will not express or imply that any of Your statements are endorsed by Us, without Our specific prior written consent.
      5. You will not interfere with or disrupt any Service or any Website, servers or networks connected to any Service or Website.
      6. You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
      7. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
      8. You will not use meta tags or code or other devices containing any reference to Us or the Service or the Website connected to the Service in order to redirect any person to any other Website for any purpose.
      9. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so.
      10. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.
      11. You will not hide Your IP address, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through this Service.
    2. REtoolz actively polices all aspects and uses of the Website. Any violation of this section may result in Your membership termination, and subject You to civil and/or criminal liability.  Company reserves the right to notify law enforcement of any violation and cooperate with law enforcement in any investigation.
  3. Vendor Obligations
    1. YOU ARE SOLELY RESPONSIBLE FOR YOUR REPRESENTATIONS, CLAIMS, AND PRODUCTS.  RETOOLZ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE PRODUCTS OR SERVICES ADVERTISED AND OFFERED ON THE WEBSITE.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL TRANSACTIONS.  YOU UNDERSTAND THAT RETOOLZ MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE PRODUCTS OR SERVICES ADVERTISED ON RETOOLZ.
    2. YOU WILL WARRANT THAT ALL OFFERS WILL BE HELD OPEN, THAT ALL STATEMENTS AND CLAIMS ARE FACTUALLY VERIFIED, SUBSTANTIATED (NOT FALSE OR MISLEADING) AND THAT PRODUCTS ARE FIT FOR PURPOSES INTENDED.
  4. Vendor Indemnification
    1. You agree to indemnify and hold the Company, it’s directors, officers, agents, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any products, services, or offers that You post or share on or through the site, Your use of the service or the site, Your conduct in connection with the service or the site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
  5. Third Party Content
    1. The Website may provide links to other World Wide Web sites or resources (“Third Party Sites”).  These Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and We are not responsible for any Third Party Sites accessed through the Website.  We do not endorse any content, advertising, products or other materials on or available from Third Party Sites.  We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any Third Party Site.
    2. Third Parties may post coupons, discounts, and promotions for services on the Website. All coupons, discounts, and promotions have no cash value and are redeemable only with the specific Third Party offering such goods or services. Company is in no way liable for any offering by any Third Party and does not endorse or recommend any Third Party Services. You agree that You are solely responsible for verifying any and all claims made by Third Parties on the Website, that You will seek fulfillment of any offerings solely from the specific Third Party, and that You will relieve Company of any obligations or duties to perform tasks purchased from Third Parties.
  6. Proprietary Rights in Site Contents and Limited License
    1. All content on the Website including designs, text, graphics, information, applications, software, and other files, and their selection and arrangement are the proprietary property of the Company. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission.  This does not apply to Your own user content that You legally post on the site.  Provided that You are eligible to use the site, You are granted a limited license to access and use the site provided that You keep all copyright or other proprietary notices intact. Except for Your own user content, You may not upload or republish site content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the site or the site content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights.  This license is revocable at any time without notice and with or without cause.
  7. Governing Law
    1. This Agreement is governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the courts of Ontario County, New York with regard to any and all claims by You arising out of or related to the Website or Service.
  8. Privacy
    1. Please refer to the REtoolz privacy policy.
  9. Disclaimers
    1. Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the service, whether posted or caused by users of the Site, or by any of the equipment or programming associated with or utilized in the site or service.
    2. You are solely responsible for payment of any and all taxes and government fees which apply to the purchase of all goods and services through the Website.
    3. REtoolz may be temporarily unavailable from time to time for maintenance or other reasons.  Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, or other hardware or software, related to or resulting from using materials in connection with the Web and/or in connection with the Service.  Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content, any potential or future business expectancies, or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
    4. Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 13 in violation of this Agreement. We are not responsible for the use of any personal information that You disclose on the Service. You must carefully select the type of information that You post on the Service or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users), whether such acts or omissions occur during the use of the service or otherwise. We take various measurements to prevent unauthorized members or visitors to accessing and using the Website, but We do not screen our members or conduct background checks and cannot ensure that each member on the Website is genuine and complies with this agreement.
    5. THE SITE SERVICES PROVIDED BY COMPANY OR ANY OF OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  10. Limitation on Liability
    1. IN NO EVENT SHALL COMPANY, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO BODILY INJURY, EMOTIONAL DISTRESS, OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THIS SERVICE.
    2. IN NO EVENT SHALL RETOOLZ BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF VENDORS OR ANYONE ELSE IN CONNECTION WITH THE ADVERTISING OF SERVICES AND PRODUCTS, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE PURCHASE OR USE OF PRODUCTS OR SERVICES WITH OTHER REGISTERED USERS OF THE WEBSITE OR PERSONS YOU MEET THROUGH THIS WEBSITE.
    3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UDER THESE TERMS OF USE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED ONE HUNDRED DOLLARS ($100).
  11. User Indemnity
    1. You agree to indemnify and hold the Company, it’s directors, officers, agents, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any Third Party Applications, Software or content You post or share on or through the site, Your use of the service or the site, Your conduct in connection with the service or the site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
  12. DMCA Notice
    1. If You notice any content on the website which infringes Your rights, please send a formal DMCA notice to the following address-

            REtoolz.com

85-31 56th avenue

Elmhurst,NY 11373

Such notice shall specify the location of the infringing item, specify the name of the owner of the work, specify any registration numbers which cover the infringed work, and contain a statement that the You have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, its agent, or the law, and contain the following statement-“I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” Such DMCA notice must contain a signature. Any notifications failing to comply with these provisions will be disregarded.

  1. Miscellaneous
    1. You hereby represent and warrant that you have all necessary authority to enter into and perform the obligations under this Agreement without the consent of any third party or breach of any contract or agreement with any third party.
    2. You may not assign any rights or delegate any duties under this Agreement either in whole or in part, and any such attempted assignment or delegation shall be void.
    3. The Company reserves the right at any time, at its sole discretion, to block Members, IP addresses, networks, or Users from specific countries, regions, states, provinces, or cities, from accessing REtoolz.
    4. The Company retains the power to unilaterally modify Terms of Use at any time, effective upon posting on the REtoolz Website.  Your use of the Service after such posting will constitute Your acceptance of such changes.
    5. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
    6. These Terms of Use constitute the entire agreement between You and Company regarding the use of the Website or the Service, superseding any prior agreements between You and Company relating to Your use of the Website or the Service.
    7. No waiver of any term in this Agreement shall be binding on Company unless in a writing signed by the Company. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.
    8. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
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