Use of Services
The Website and the Services are not intended for use by persons under the age of 18. You must be at least 18 years of age in order to use the Services. If RP determines at any time that you are under the age of 18, DSW reserves the right to immediately terminate your use of the Services.
To use some of the Services you may be asked to create an account. You may register an account.
Engage in or authorize any activity that you know or reasonably should know is an unlawful, unauthorized, fraudulent, or malicious activity;
Disrupt, interfere with, disable, impair, overburden, violate the security of, or attempt to gain unauthorized access to, the Services or any computing device or computer network;
Probe, scan, test the vulnerability of, or circumvent any technological measure or authentication measures to protect the Services;
Upload, transmit, distribute, or run any computer virus, worm, Trojan horse, malware, spyware, time bomb, logic bomb, or any computer code that could damage or alter a computing device, computer network, communication network, data, the Services, or any other system, device, or property;
Run Maillist, Listserv, or any form of auto-responder or “spam” via the Services;
Attempt, in any manner, to gain unauthorized access to any other user’s information;
Access, use, or modify any data, information, or other materials not intentionally made available or accessible to you by RP;
Manipulate or otherwise display the Services by using framing, mirroring, or similar navigational technology;
Use any robot, spider, scraper, or other automated or manual means to access the Services or Website or copy any content or information from the Services or the Website;
Create more than one RP account (and if RP disables your account, you may not create another one without RP’s written permission);
Contact or submit information to RP under more than one name (or to contact RP under a different name if RP has asked you to cease contact);
License, sublicense, assign, convey, or transfer any rights granted hereunder;
Publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise exploit the Services or Website;
Copy, reproduce, modify, create derivative works of, translate, adapt, disassemble, reverse engineer, decompile, reverse compile, or create compilations of the Services;
Use the Services or Website in any manner that may infringe on any intellectual property rights, rights of privacy, or other rights of any third party;
Use the Services or Website for any service bureau, time-sharing, resale, or similar purposes;
Remove, obscure, or alter any trademark, service mark, or other intellectual property rights notices on or related to RP, the Services, or the Website; or
You will be responsible for all costs and expenses associated with using the Services including that you have necessary and compatible technology, hardware, systems, and software to use the Services as directed by RP.
Payments to RP
As part of the Services, you may be offered the opportunity to purchase access to a telephone, video phone, or Internet-based conference with a RP representative for purposes of discussing Submitted Information (“Conference”). Fees charged for Conferences and other services are non-transferable. RP may modify the prices charged for a Conference or any service at any time. Fees charged for a Conference or other service are non-refundable unless otherwise required by law.
Because of occasional failures of some credit cards and/or bank account withdrawals, RP cannot guarantee that RP will receive your payment. RP is not responsible for the policies of any payment processor, including for withdrawing funds from your account or for charges to your credit or debit card. RP reserves the right to use other methods of payment aside from third party processors. Due to RP’s reliance on third party processors for processing any payments to RP, RP is not responsible for the ultimate success or failure of any payment.
Third Party Services
Your use of the Website or the Services may involve interaction or use of third party services, websites, information, advertising, products, content, data, tools, materials, software, intellectual property rights, or other tangible or intangible items owned or controlled by third parties, such as PayPal, UberConference, or social media providers. The Services may also contain links to or have features that are hosted by third party services. RP reserves the right to add, modify, or discontinue any third party services made available via the Services at any time without prior notice to you.
RP will be free to use its general knowledge, skills and experience, and any ideas, concepts, know-how, methodologies, and techniques that it acquires or uses in the course of providing the Services for any purpose.
In addition, through your use of the Website and the Services you may from time-to-time submit feedback, comments, suggestions, questions, ideas, materials, information about real estate or investment opportunities, or other information to RP or its users concerning the Services, Website, a potential deal on which you would like RP to provide feedback, or other products, services, technology, techniques, processes, or materials (“Feedback”). All Feedback and any other content, idea, drawing, design, information, communication, documents, or other material submitted or transmitted to RP (“Submitted Information”) becomes the sole property of RP. RP may freely use, copy, disclose, license, distribute, and otherwise exploit such Submitted information in any manner, including in connection with its own products, services, and/or offerings, without any obligation, payment, royalty, or restriction whether based on intellectual property rights or otherwise. You agree that any Submitted Information is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and RP in any way, and that you have no expectation of any review, compensation, or consideration of any type.
Public Forum; Rules of Conduct.
From time-to-time RP may allow users to post Submitted Information publicly and to provide comments and feedback on publicly available information on the Website or available through the Services (“Public Forum”). YOU ACKNOWLEDGE THAT PUBLIC FORUMS AND FEATURES OFFERED THEREIN ARE FOR PUBLIC AND NOT PRIVATE COMMUNICATIONS, AND YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY INFORMATION SUBMITTED TO THE PUBLIC FORUM. DSW cannot guarantee the security or accuracy of any information disclosed through the Public Forum; you make such disclosures and receive such information at your own risk. RP is not responsible for, and does not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
To the maximum extent of applicable law, you are and shall remain solely responsible for the Submitted Information made available under your name through the Services or Public Forum and for the consequences of submitting and posting such information. DSW reserves the right to screen, refuse to post, remove, edit, store, review, and use any Submitted Information at any time in our absolute and sole discretion without prior notice.
(i) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (iv) otherwise harms or can reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including Submitted Information that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
(i) does not generally pertain to the designated topic or theme of the relevant Public Forum; (ii) violates any specific restrictions applicable to a Public Forum; or (iii) is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the Internet.]
Term and Termination.
THE SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY. DSW MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT ANY OF THE INFORMATION RECEIVED FROM RP OR AVAILABLE THROUGH THE SERVICES IS APPROPRIATE OR ACCURATE FOR INVESTMENT PURPOSES. RP HAS NOT ACTED AS AN INVESTMENT, LEGAL, OR REAL ESTATE ADVISOR IN ANY CAPACITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITH ALL FAULTS AND ERRORS. ANY ACCESS TO OR USE OF THE SERVICES ARE VOLUNTARY AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DSW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, GUARANTEES, REPRESENTATIONS AND CONDITIONS OR ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COUSE OF DEALING OR USAGE OF TRADE.
YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. DSW DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, DISRUPTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION OR ADVERSE INCIDENT, AND DSW DISCLAIMS ANY LIABILITY RELATING THERETO.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DSW, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, AFFILIATES, CONTRACTORS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES OR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, LOST PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE SERVICES, SECURITY BREACHES, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE SERVICES OR BY FAILURES OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DSW KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DSW’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO DSW FOR SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between you and RP.
Governing Law; Disputes.
RP is the owner of the Services and is based in [Puerto Rico, a territory of the United States]. RP makes no claims that RP’s Services are available or appropriate for use outside of the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local law, is and to the extent applicable. Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited. You may not use or export, or re-export the Services or any copy or adaptation thereof in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.
Notwithstanding the preceding paragraph and without prejudicing any other remedies available to DSW, DSW may bring a claim for injunctive or similar equitable relief in any state or federal court of competent jurisdiction, in or outside of Denver, Colorado, without first engaging in arbitration or any other dispute resolution process. A bond of no greater than $2,000 shall be sufficient to seek an injunction.
Limitations on Disputes.
You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to this Dispute, or you forever waive the right to pursue any Dispute based on such event or facts.
[If you believe that any of your privacy or intellectual privacy rights have been violated as a result of any Submitted Information, please contact us at [email]. Please provide us with as much detail as possible, including the name or username of the person who you believe is infringing your rights, a copy of the allegedly infringing information, a description of why you believe the Submitted Information has infringed your rights, and your name and contact information so that we may contact you, if necessary.]