SUBSCRIBER TERMS OF SERVICE


1. Acceptance of Terms

THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF SERVICE", "TOS") GOVERN YOUR USE OF THIS AND ANY OTHER SERVICES PROVIDED BY RE INFOLINK, INC. ("RE INFOLINK") WITHIN THIS WEBSITE. PLEASE READ THE TOS CAREFULLY. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TOS AND AS SUCH CREATES A BINDING CONTRACT BETWEEN YOU AND RE INFOLINK. YOU MAY NOT USE THIS SITE OR THE DATABASE, CONTENT, TOOLS OR SERVICES UNLESS YOU FIRST REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THESE TOS BY CLICKING ON THE "I AGREE" BUTTON BELOW. IF YOU DO NOT AGREE TO THESE TOS, YOU MAY NOT USE THE WEBSITE, AND MAY NOT CREATE OR MAINTAIN A LINK TO THE WEBSITE.

The TOS may be updated by RE InfoLink from time to time without notice to you. In addition, when using particular RE InfoLink services, you and RE InfoLink shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. RE InfoLink may offer other services from time to time that may be governed by different Terms of Services.

"MLS Content" shall mean all documents, materials and images compiled by RE InfoLink and made available on the Site, including but not limited to listing data, text, graphics, files, photos, software, audio, video, trademarks and copyrightable materials. "Site" or "Website" shall mean this Site and any other site owned, operated or maintained by RE InfoLink. "We," "us" and "our" shall mean RE InfoLink and its affiliates. RE InfoLink reserves all rights not expressly granted to you in these TOS. Any software or tools contained herein are licensed, not sold.

3. Description of Service

RE InfoLink provides tools for agents to manage listings, search for property, and create reports. Access to the MLS Content is provided through the Internet via end-user web-based software designed specifically for real estate professionals ("Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new RE InfoLink properties, shall be subject to these TOS. RE InfoLink assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings, or any other information provided to RE InfoLink by you or third parties. RE InfoLink assumes no responsibility for and does not warrant or guarantee the completeness, accuracy or reliability of any content submitted to us for inclusion in the Service. You are responsible for obtaining access to the Service. Access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

RE INFOLINK DOES NOT: (A) REPRESENT INDIVIDUALS OR ENTITIES IN PURCHASING, SELLING OR LEASING, OR OTHERWISE AQCUIRING OR DISPOSING OF REAL ESTATE; (B) MAKE, SOLICIT, NEGOTIATE ON BEHALF OF OR ASSIST INDIVIDUALS OR ENTITIES IN OBTAINING LOANS TO PURCHASE REAL ESTATE; OR (C) PROVIDE LEGAL REPRESENTATION OR ADVICE IN CONNECTION WITH REAL ESTATE TRANSACTIONS. INDIVIDUALS AND ENTITIES SEEKING THESE TYPES OF SERVICE SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

4. Obligation to Maintain Information Current, True and Complete

In consideration of your use of the Service, you agree to: maintain and promptly update the information provided to RE InfoLink and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RE InfoLink has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RE InfoLink has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

5. RE InfoLink's Privacy Policy

Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.reil.com/privacypolicy.asp.

6. Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account you have received upon registration, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify RE InfoLink of any unauthorized use of your password or account or any other breach of security. RE InfoLink is not liable for any loss or damage arising from your failure to comply with this Section 6.

7. User Conduct; Limitation on Use

You understand and agree that all information, data, text, software, photographs, graphics, messages or other materials of any kind, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such information originated. This means that you, and not RE InfoLink, are entirely responsible for all information that you upload, post, email, transmit or otherwise make available via the Service. You agree to abide by all applicable federal, state and local laws and regulations governing fair information practices and consumers' privacy rights. You agree to be bound by the applicable rules and regulations posted on the Site, that can be updated from time to time. RE InfoLink does not control the information posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such information. Under no circumstances will RE InfoLink be liable in any way for any content, including, but not limited to, for any errors or omissions in any information, or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted or otherwise made available via the Service. The Site may contain robot exclusion headers. You agree to not use the Service to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, post, license, frame in another website, use on any other website, create derivate works of, transfer, sell, and/or exploit for commercial use, any information, software, real estate listings, databases or other lists, products or services provided through or obtained from the Site, including by email or other electronic means, except in compliance with the MLS Rules and Regulations, without our prior written consent; (b) upload, post, email, transmit or otherwise make available any information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, invasive of another's privacy or confidentiality, hateful, or racially, ethnically or otherwise objectionable; (c) harm minors in any way; (d) impersonate any person or entity, including, but not limited to, an RE InfoLink official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (f) upload, post, email, transmit or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (g) upload, post, email, transmit or otherwise make available any information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (h) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (i) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (j) access the Site via a program or script for the purposes of bulk download or "screen scraping" the Content; (k) use any robot, spider, scraper or other automated means to access the Site for any purpose not expressly authorized herein; (l) bypass robot exclusion headers; (m) otherwise circumvent any technological measures or feature of the Site intended to control and restrict access to the Site or the Content; (n) take any action that imposes or may impose an unreasonable or disproportionately large load on the Site's infrastructure; (o) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (p) violate any applicable local, state, national or international law, and any regulations having the force of law; (q) "stalk" or otherwise harass another;(r) collect or store personal data about other users except for legitimate non-commercial business purposes; or (s) individually email, or otherwise contact customers who have opted out of automated email solicitation, unless you first acquire their consent for such an email or contact. RE InfoLink and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, RE InfoLink and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the MLS Content, including any reliance on its accuracy, completeness, or usefulness. In this regard, you acknowledge that you may not rely on MLS Content created by RE InfoLink or information submitted to RE InfoLink. You acknowledge and agree that RE InfoLink may preserve information you submit for inclusion in the Service and may also disclose it if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any MLS Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of RE InfoLink, its users and the public. You understand that the technical processing and transmission of the Service, including the content you submit, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that we have no liability whatsoever for any submission you may post, and you agree to indemnify, defend and hold us, our directors, officers, employees, agents, attorneys and affiliates harmless from any claims, actions, liabilities, loss, costs, damages, or expenses, including reasonable attorney's fees, that may arise directly or indirectly from your postings. You represent and warrant that you have the legal right and have obtained all licenses and permissions necessary to post your submission, and that your posting does not and will not violate any law, rule or regulation, or infringe on the rights of any third party, including but not limited to copyright, trademark, patent, privacy or publicity rights.

8. Information Submitted or Made Available for Inclusion in the Service

To the extent of your Intellectual Property rights to information you submit or make available for inclusion in the Service, you grant RE InfoLink perpetual, worldwide, irrevocable, royalty-free, non-exclusive and fully sub-licensable license to use, license, distribute, reproduce, modify, adapt, publish, translate, publicly perform and display such information (in whole or in part) and to incorporate such information into MLS Content and other works in any format or medium now known or later developed.

9. Third Party Content, Product and Services

This Site may contain content that is owned or licensed by a third party. We are not responsible for and do not warrant or guarantee the completeness, accuracy or reliability of such third party content. The existence of third party content on this Site is not and should not be construed as our endorsement, approval or sponsorship of the third party or its content unless expressly indicated. You may be subject to additional terms and conditions that may apply when you use the products and/or services of a third party. We are not responsible for any liability for any loss or damage of any sort sustained as the result of any dealings between you and a third party or as the inclusion or presence of such third party on the Site.

10. Links

This Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RE InfoLink has no control over such sites and resources, you acknowledge and agree that RE InfoLink is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that RE InfoLink 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 use of or reliance on any such content available on or through any such site or resource.

11. Terms for Creation of a Link

Upon your acceptance of these TOS, you are authorized to establish a hypertext link (the "Link") from your website ("Your Website") to the home page of this Site. Deep linking to the MLS Content appearing in the web pages below the home page of the Site is not permitted. You may not: (a) create frames around the Site or otherwise alter the visual presentation of the Site; (b) expressly state or otherwise imply that RE InfoLink endorses you, your products or services or the content of Your Website; (c) expressly state or otherwise imply an affiliation between you and RE InfoLink without prior written permission; (d) present false or misleading impressions about RE InfoLink's products or services; (e) disparage the Site or display the Link in a manner that diminishes RE InfoLink's goodwill; (f) display any material which is immoral, unethical, illegal or inappropriate for a professional website. You acknowledge and agree that you are not a publisher, distributor, agent, partner, franchiser or endorser of the Site and RE InfoLink is not a publisher, distributor, agent, franchiser or endorser of Your Website. RE InfoLink retains exclusive editorial control over the Site and has the right to make administrative or operational decisions it deems necessary in the normal course of business. You warrant that you have duly registered the domain name of Your Website with all applicable authorities and have secured proper rights to use Your Website and the domain name to Your Website. You further warrant that the content of and materials place on or within Your Website and any hyperlinks on Your Website, do not and will not infringe upon or violate any U.S. copyright, patent, trademark or other proprietary right of a third party, or violate any applicable law, statute, regulation or nonproprietary right of a third party.

12. Indemnity

You agree to indemnify and hold RE InfoLink, and its subsidiaries, affiliates, officers, agents, directors, employees, co-branders or other partners and vendors harmless from any claim, action or demand, loss, costs and expense, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, or Your Website, or your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, or any negligent acts or errors or omissions of you or your agents or contractors.

13. No Resale of Service

You agree not to modify, reproduce, duplicate, copy, sell, resell or exploit the Service for any commercial purposes, use to create derivative works from the Service or any portion thereof, without our prior written consent. "Derivative Work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a "derivative work."

14. Modifications to Service

RE InfoLink reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RE InfoLink shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

15. Termination

You agree that RE InfoLink, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for violation of the TOS. RE InfoLink may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that RE InfoLink may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that RE InfoLink shall not be liable to you or any third-party for any termination of your access to the Service.

16. Ownership Of Content; Copyright and Trademarks

The Content is protected by all applicable international, federal, state and local laws, including but not limited to copyright and trademark laws. Any unauthorized use of the Content is expressly prohibited. All rights in the Content Compilation are expressly reserved to RE InfoLink.

17. Disclaimer of Warranties

YOU UNDERSTAND AND EXPRESSLY AGREE THAT: (a) YOUR USE OF AND RELIANCE UPON THE SERVICE, THIS SITE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RE InfoLink EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) RE InfoLink MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. (c) YOU OBTAIN ANY MATERIAL THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RE InfoLink OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. Limitation of Liability. Remedies

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RE INFOLINK OR ITS SUPPLIERS OR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RE INFOLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (i) THE USE, RELIANCE, OR THE INABILITY TO USE THE SERVICE OR CONTENT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (iv) ANY ERROR OR OMISSION; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. Interruption of Service

The Site and access to the content of the Site may from time-to-time be unavailable to you, whether because of technical failures or interruptions, intentional downtime for service or changes to the Site, or otherwise. You agree that we shall have no liability of any nature to you or any third party for any modifications to the Site, and any interruption or unavailability of access to the Site or its content.

21. Notice

Notices to you may be posted on the Site or made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

22. Trademark Information

RE InfoLink, MLSListings.com, REIL, REIL.com, REIL.net, the RE InfoLink logo, and other RE InfoLink logos, product and service names are trademarks and service marks of RE InfoLink (the "RE InfoLink Marks"). You agree not to display or use in any manner, the RE InfoLink Marks without RE InfoLink's prior permission.

23. General Information

The TOS and the MLS Rules and Regulations, available at http://reil.com, constitute the entire agreement between you and RE InfoLink, govern your use of the Service and supersede any prior agreements between you and RE InfoLink. You also may be subject to additional terms and conditions that may apply when you use other RE InfoLink services, affiliate services, third-party content or third-party software. The TOS and the relationship between you and RE InfoLink shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and RE InfoLink agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. In the event a dispute arises in connection with this Agreement or use of the Site, which cannot be settled through negotiation, you agree it shall be finally settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND RE INFOLINK WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. The failure of RE InfoLink to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. We reserve all rights not expressly granted or addressed herein. Procedure for Notice of Copyright Infringement Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512. If you wish to notify us of Content or postings on this Site that may result in copyright infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512, please mail your notification to Legal Department, RE InfoLink, 300 Orchard City Dr. Suite 100, Campbell CA 95008 or fax your notification to our designated agent at (408) 341-8956.

BY USING THE SERVICE, YOU EXPRESSLY AGREE TO THESE TERMS OF SERVICE.