The following Terms and Conditions (“Terms”) are applicable to this website, RealINSIGHT Marketplace (“RIM”), and any affiliated websites, applications, and services that are offered by CWFS-REDS, LLC and its affiliates (“CW REDS”). For the purposes of these Terms, an individual who accesses, browses, or otherwise uses RIM and/or other affiliated services (the “Services”) are referred to as “Users”. RealINSIGHT (“RI”) owns RIM and CW REDS has an exclusive license to use and maintain RIM.
By using this website and the Services, User consents to these Terms, and to any updates to such Terms, as may occur at CW REDS’s discretion. RIM will, at all times, reflect the most updated version of these Terms any of CW REDS’s other policies. In the event that User does not agree with these Terms, or any other terms and conditions of use, User’s sole recourse is to cease use of RIM.
Use of RIM; Legal Age
User must be of legal age, as defined in User’s jurisdiction, in order to use the Services provided on RIM. By using the Services, User represents that he/she is of legal age. CW REDS maintains the right to remove any Users found not to be of legal age.
In order to take full advantage of the marketing and purchasing Services available on RIM, Users will be required to register and create an account. By creating an account, each User agrees to provide only truthful and accurate information, to the extent required in order to create an account. The security and maintenance of User’s account is User’s sole responsibility, and CW REDS is not responsible for any loss or liability that any User incurs, or might incur, due to insufficient account security or a breach of User’s account.
User also agrees that, by providing his/her information to RIM and to CW REDS, CW REDS may contact User regarding promotional opportunities, marketing, notices regarding User’s account, information about properties that might be of interest to User, and other such information and/or notices. If User wishes to opt out of any marketing and/or promotional contacts, please consult CW REDS’s Privacy Terms.
Administration of RIM; Submissions
Various components of the RIM website invite User input and/or submissions. Each User is solely responsible for his/her submissions and the content thereof. By providing feedback and/or uploading information, documents, and other materials to RIM, User promises to comply with these Terms, as well as other terms and conditions and/or policies governing the use of RIM. User also agrees not to submit any content and/or materials that are offensive, pornographic, obscene, explicit, threatening, fraudulent, misleading or otherwise objectionable. User shall not upload any content and/or materials in violation of copyright, patent, or trademark laws.
In the event that a third party copies, distributes, or otherwise uses content, submissions, and/or other materials that User has provided through, or in relation to, RIM without a license or grant of authority to do so, User grants to CW REDS the right to pursue appropriate legal action or other remedies.
Where submissions are made in violation of these Terms, or in violation of the laws and regulations of the United States and/or other applicable jurisdictions, CW REDS reserves the right to remove such content from RIM. The removal of such information and where necessary, the termination of user accounts and/or the banning of certain Users from RIM, is within CW REDS’s sole discretion, and shall not serve as cause for lawsuit, injunction, or any other remedies, whether legal or non-legal.
By providing information through posting, inputting, submitting, or otherwise sharing, where such postings, inputs, submissions, or shares relate to the operation of our business, User grants to CW REDS (and where necessary, CW REDS’s affiliates and any required sublicensees) an irrevocable license to distribute, reproduce, edit, share, copy, and display User’s submissions.
Limited License Granted
By using RIM in accordance with these Terms, as well as all other policies and procedures governing the use of RIM, User is granted a limited license to access and use the Services that provided on RIM. At any time, where any User acts in violation of these Terms, or any other policies and procedures governing the use of RIM, CW REDS reserves the right to revoke User’s access, either temporarily or permanently. This license does not give User the permission to redistribute, share, lease, loan, sell, or otherwise distribute CW REDS’s Services. RIM and CW REDS reserve all rights, authority, and interest not otherwise granted under this license.
Unless otherwise provided, all information, looks, marks, images, icons, graphics, slogans, and other materials provided on this website, as well as the underlying software for RIM are copyrighted, licensed, and/or otherwise protected by intellectual property rights. By using RIM, User agrees to abide by any and all copyright and intellectual property protections. Furthermore, User promises not to use CW REDS’s or RI’s logos, marks, copyrights, or other information in such a way that would create an impression that User owns, has a right to license, or is associated with such items. All data and information that User obtains from RIM is intended solely for User’s individual use, and shall not be distributed or otherwise used for any other purpose.
In the event that User becomes aware of a violation of, or infringement upon, any of CW REDS’s intellectual property rights, licenses, or otherwise, User agrees to notify CW REDS immediately. The ownership of, and rights in, all of the Services, patents, trademarks, copyrights, and other rights and title shall be the sole and exclusive property of CW REDS.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF RIM AND RELIANCE ON ITS CONTENT IS AT USER’S OWN RISK. THE SITE, CONTENT, AND SOFTWARE IS PROVIDED ON AN “AS-IS; AS-AVAILABLE” BASIS, AND CW REDS AND RI, THEIR AFFILIATES AND SUBSIDIARIES, AND ANY THIRD-PARTY SUPPLIERS AND/OR LICENSORS EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES. SUCH DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY.
CW REDS makes no representations or warranties, express or implied, regarding the accuracy of information on its website. Access to the Services may be delayed, unavailable, or otherwise restricted at any time, and CW REDS makes no representations or warranties regarding the reliability and/or accessibility of our Services. CW REDS may elect at any time to suspend, alter, or stop Services, and will not be liable to User for doing so. Where information on our website has been submitted or provided by third parties, CW REDS accepts no liability, responsibility, or otherwise for such content, or for actions that may arise as a result of such content. Furthermore, CW REDS makes no warranties or representations regarding the utility, accuracy, or truthfulness of such content, and expressly disclaim the endorsement of the content, products, services, or links made available by such third parties.
Limitation of Liability
Unless otherwise required by law, User agrees to hold harmless the sellers, real estate agents and brokers, and CW REDS for any injuries or damages resulting from errors, omissions, failures of performance, interruption, delays, defects, connectivity issues, browser issues, or otherwise. These limitations and exclusions apply regardless of whether any damages or claims arise from breach of contract, negligence, or any other cause of action, unless such exclusions are otherwise prohibited by applicable law.
CW REDS DISCLAIMS ALL RESPONSIBILITY FOR ANY DAMAGES, LOSS, CLAIMS, OR OTHERWISE RESULTING FROM THE INABILITY TO USE CW REDS’s SERVICES, OR FROM ANY ACTION TAKEN AS A RESULT OF USING THE SERVICES. CW REDS IS NOT LIABLE TO USER OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM ALLEGED NEGLIGENCE, TORT, OR OTHERWISE, REGARDLESS OF WHETHER CW REDS HAS BEEN INFORMED OF THE POSSIBILITY AND/OR LIKELIHOOD OF SUCH DAMAGES.
User agrees to hold CW REDS and RI, and their affiliates, subsidiaries, employees, officers, directors, and agents harmless from any claim and/or demand, including a claim for attorneys’ fees, made by any third party, where such claim or demand arises from User’s use of RIM and any breach of these Terms.
Where such a claim or demand arises, User agrees to permit CW REDS, or where required RI, to defend such claim. User acknowledges that, absent the express written consent of CW REDS or RI (whichever is applicable), User has no right to settle or negotiate a claim for which CW REDS or RI is named as a defendant or for which User has indemnity obligations.
Waiver of Class Action
As a condition of using RIM, User agrees and acknowledges that any claims or causes of action arising out of or connected with these Terms shall be resolved individually, without resorting to a class or representative action. By continuing to access or use RIM, User explicitly consents to the waiver of such class and representative actions.
Please review the Privacy Terms.
User’s continued access and use of RIM serves as acknowledgement that User will comply with all applicable laws, regulations, and ordinances, whether they be federal, state, local, or international regarding User’s use of RIM, and User’s bidding on, marketing, soliciting of offers to purchase, and selling of property.
By using RIM, User agrees that applicable federal law and the laws of the State of Maryland, without regard to principles of conflict of laws, will govern these Terms and any dispute that might arise between User and CW REDS. User agrees that venue for any such disputes shall be located in the state and federal courts located in Maryland. User also waives any right to claim that such forum is inconvenient.
CW REDS may assign these Terms, in whole or in part, at any time. Such assignment is permitted regardless of whether or not CW REDS gives notice to User of such assignment.
CW REDS’s failure to enforce and/or exercise any provision of these Terms does not constitute a waiver of that provision.
These Terms set forth the entire understanding between User and CW REDS with respect to the subject matter hereof.
Should any provision of these Terms be held invalid or unenforceable, that provision shall be struck, and the remainder of the Terms shall remain in effect.
All fees paid in connection with this site are non-refundable. User agrees to pay all such fees as are required for User’s use of the site.
Updated: May 10, 2017