If you have any questions relating to R2Rrealestate.com or this Agreement, please send us an email at R2R@R2Rrealestate.com. This Agreement was last revised on March 1, 2017.
The website R2Rrealestate.com is owned and operated by R2R Real Estate, LLC. (“R2R”). R2R is primarily an Internet advertising service for real estate offered "for sale by owner". R2R is not a licensed real estate broker. The Company is not a member of any multiple listing service (MLS), and does not list real estate on any MLS. R2Rrealestate.com makes the following available to buyers and sellers of residential real estate and related service providers: (a) for-sale and rental property listings; (b) advertising of for-sale property listings and related service providers; (c) banner advertisements; (d) seller’s option to forward information to a flat-fee real estate broker; (e) ‘for sale by owner’ products; (f) information pertaining to related service providers (including but not limited to legal, mortgages, valuations, moving, and ‘Contract to Closing’); (g) general advice for buyers and sellers and answers to frequently-asked questions; and (h) any other services or products made available on R2Rrealestate.com. References in this Agreement to the “Site” shall mean R2Rrealestate.com, including but not limited to all webpages appearing on the R2Rrealestate.com internet domain, and all services and products made available on R2Rrealestate.com, including but not limited to the services and products identified in this Section 1. References in this Agreement to “R2Rrealestate.com” shall mean any and all webpages or other content or information appearing on the R2Rrealestate.com internet domain or computer servers owned or utilized by R2R.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, notwithstanding the conflict of laws provisions of any state. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in Illinois (the “Illinois Courts”) for any litigation or dispute arising out of or relating to this Agreement or your performance or nonperformance hereunder (including but not limited to collection matters), (ii) agree not to commence any litigation arising out of or relating to this Agreement or the Company’s performance or nonperformance hereunder except in the Illinois Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Illinois Courts represent the exclusive jurisdiction for all disputes arising out of or relating to this Agreement, or either parties’ performance or nonperformance thereunder. Disputes arising out of or relating to this Agreement shall include but not be limited to disputes arising out of or relating to your access to, use of and/or purchase of services or goods made available on R2Rrealestate.com. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your use of the Site, the Agreement, or R2R’s performance or nonperformance under the Agreement, must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
I. upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that could give rise to any civil or criminal liability under both domestic and international law. Pornography and pornographic related merchandising are prohibited, including providing links to pornographic content elsewhere;
II. threaten to harm, attempt to harm or actually harm minors in any way;
III. impersonate any person or entity, including, but not limited to, a medical student, resident, or fellow, or falsely state or otherwise misrepresent your affiliation with a medical school or residency program. Failure to adhere will result in a $1,000 fine and banishment from the site as set forth by Resident to Resident Real Estate, LLC;
IV. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site or develop restricted or password-only access pages, or hidden pages or images (those not linked to another accessible page);
V. upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit 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);
VI. upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
VII. upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or solicit any person or company using any telephone number, email address or other contact information found on the Site for any reason other than the purchase of real estate or related services advertised for sale on the Site;
VIII. upload, post, e-mail or otherwise transmit 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;
IX. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
X. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Communications Commission, U.S. Department of Housing, the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
XI. “stalk" or otherwise harass another;
XII. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble weapons or creating "Crush" sites;
XIII. effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access;
XIV. rent, lease, transfer, resell and/or otherwise transfer rights to the Site; and
XV. delete or write over any portion of any listing or software appearing on or relating in any manner to the Site.
4. PROPRIETARY CONTENT
a. General. The R2R’s Internet operations, design, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof, shall remain the sole and exclusive property of R2R, and you shall have and acquire no interest in them whatsoever.
b. Copyright and Trademark. All information, content and materials that appear on R2Rrealestate.com, including, without limitation, text, photographs, images, pictures, graphics and other files, and the selection and arrangement thereof, but excluding information, content and materials that are submitted to the Site by users thereof, are copyrighted materials of R2R (the “Copyrighted Works”). The trademarks, service marks, trade names, trade dress and logos used and displayed on this Site (including all page headers, custom graphics, button icons, and scripts), but excluding marks, names and logos submitted to the Site by users thereof, are registered and unregistered trademarks, service marks, trade names, trade dress and logos of R2R (the “Trademarks”). You acknowledge that the Copyrighted Works and Trademarks used and displayed on this Site are and shall remain the sole property of R2R. Nothing in this Agreement shall confer any right of ownership of any of the Copyrighted Works or Trademarks in you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise any license or right to use any of the Copyrighted Works or Trademarks used or displayed on the Site, without the express written permission of R2R. Neither the Copyrighted Works nor the Trademarks may be copied, imitated or used, in whole or in part, without the prior written permission of R2R.
c. R2R as Intermediary. R2R does not create, make, author, write, print or otherwise produce any of the for-sale or rental property listings that appear on R2Rrealestate.com, including but not limited to the text, photographs, images and links to third party websites contained therein. All such property listings are produced and submitted to R2Rrealestate.com by others.
5. DISCLAIMER OF WARRANTIES
The Site, including all content, services, goods, software, functions, materials, and information found or available thereon, is provided “as is” and “as available” without warranties of any kind, either express or implied. R2R disclaims all warranties, express or implied, of any kind, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, informational content, and others expressly disclaimed below in this Section 5. R2R does not warrant or make any representations regarding the operation of the Site, the use, validity, applicability, propriety, accuracy or reliability of, or the results of the use of the Site or any other sites linked to from this Site. The Site materials may be out of date, and R2R makes no commitment to update the Site materials or otherwise monitor same. R2R does not and cannot guarantee or warrant that the files available for downloading from the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. R2R does not warrant that the Site, including any software, materials, products, or services, will be uninterrupted or error-free or that any defects in the Site, including any software, materials, products, or services will be corrected. R2R assumes no responsibility for the alteration, deletion, mis-delivery or failure to deliver or store any of your communications, data, or personalization settings, including but not limited to messages sent or received by means of the Site. R2R makes no warranty that the Site will meet your requirements, that the Site will be secure or error or virus free, or that defects in the software driving the Site will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you through the Site shall create any warranty not expressly made herein. R2R makes no warranties regarding the number or types of properties available for sale on the Site, or whether any property listed on the Site for sale or rental will ever be purchased or rented. R2R makes no warranties regarding any of the terms a buyer or seller may or will obtain with respect to any property listed on the Site, the number of ‘hits’ or pageviews of any property listed on the Site, or the scope of dissemination of any property listed on the Site. R2R makes no warranties whatsoever regarding the ownership, authority to sell or rent, or condition of any property listed on the Site, or the sincerity or ability to pay of any potential buyer or tenant. R2R makes no warranties regarding the quality or quantity of telephone calls, email or other inquiries received by users that advertise on the Site. R2R makes no warranties regarding the appearance, alteration or removal of a property listing on third-party websites or the like. R2R makes no warranties that a property listing will appear anywhere in particular online or offline, or for any period of time, except as expressly set forth on the Site. R2R makes no warranties regarding the quality or quantity of properties listed on the Site for sale or rent. R2R makes no warranties regarding the quality of the service providers that advertise on the Site or regarding the services or goods provided by same. R2R makes no warranties regarding the ability of a Site user to access or use the Site, or purchase services or goods made available on the Site, at any particular time or times or from any particular geographic location, area, state or region.
6. LIMITATION OF COMPANY’S LIABILITY
In no event will R2R, its members, affiliates, officers, employees, or agents be liable for any damages, losses, or liability, including, without limitation, (i) direct, indirect, special, incidental, or consequential damages, (ii) damages, losses or liability resulting from failure to sell, purchase or rent real property on certain terms or otherwise, (iii) damages, losses or liability resulting from lost profits, lost data (or other intangibles), or business interruption, either arising out of or relating to the use of the Site (including the use of the services of any third parties that R2Rrealestate.com links to) and any information contained thereon, or the inability to use the Site, or (iv) resulting from your failure to comply with this Agreement, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you are responsible for all costs thereof. Your sole and exclusive remedy under this Agreement is to discontinue use of the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to immediately notify R2R of and defend, indemnify and hold R2R and its subsidiaries, affiliates, directors, officers, employees and agents harmless from, any claim, loss, or demand (including reasonable attorneys’ fees and costs) made by any third party arising out of or a result of (i) your use of the Site (including the unauthorized use of your account or any other breach of security known to you); (ii) the violation of any term of this Agreement by you; (iii) the direct or contributory infringement by you, or another user using your account, of any intellectual property any person or entity; or (iv) any information you obtained from the Site.
8. USER SUBMITTED INFORMATION
9. USER PASSWORD/SECURITY
You will create a password during the registration process which is for your use only. You are fully responsible for maintaining the confidentiality of your password and all actions taken on the Site after access is obtained by means of your password. You agree to immediately notify Company by e-mail at R2R@R2Rrealestate.com of any unauthorized use of your password or account or any other breach of security relating to the Site.
10. FEES, REFUNDS AND CANCELLATION
R2Rrealestate.com is free to join. Members are required to pay $25 for a property listing.
11. BROKERAGE SERVICES
R2R Real Estate does not provide brokerage services.
This Agreement may be terminated by any party immediately for any reason or no reason, including but not limited to your breach of this Agreement. Upon any termination of this Agreement, (i) your license and authorization to use the Site shall terminate immediately without notice; (ii) you must immediately discontinue use of the Site, including any hyperlinks to the Site; (iii) you must immediately destroy any downloaded or printed materials; and (iv) R2R will remove from the Site any listings or other materials you may have previously submitted. Sections 2, 4, 5, 6, 7, 10, 12, 14 and 15 of this Agreement shall survive any termination of this Agreement.
13. ALTERATIONS TO AGREEMENT/SITE
R2R may alter or amend this Agreement at any time without notice by revising this page. By accessing, using or purchasing services or goods made available at R2Rrealestate.com, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound. R2R may alter or amend the content of R2Rrealestate.com, including the services and goods made available at R2Rrealestate.com, at any time and without notice. For example, the R2R may, in its sole discretion and at any time, discontinue the Site, or any component thereof.
Notices given by R2R to you will be sent to the e-mail address or conventional mailing address you provide to R2R as part of the registration process, or to updated addresses which you provide to R2R via notice consistent with this Section 14. Notices given by you to R2R must be given by e-mail to R2R@R2Rrealestate.com. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your e-mail and mailing address for notices hereunder, and notice sent to the e-mail or conventional mailing address last provided by you to R2R shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.
15. EMAIL MARKETING
Upon registration, you will automatically be entered into our email database. If you wish to be immediately removed from this database upon registration, please email a request for removal to R2R@R2Rrealestate.com. On occasion, you will receive email communications only from R2R Real Estate. A link will be provided to unsubscribe from these emails at any time.
This Agreement shall be deemed to express, embody and supersede all previous understandings, agreements and commitments, whether written or oral, between you and R2R with regard to the subject matter hereof. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. R2R’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by R2R in writing. The Section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by R2R. Neither this Agreement, nor the rights and obligations contained herein, may be assigned in any manner by you without the prior express written permission of R2R. These terms do not alter in any way the terms of any other separate agreement you may have with R2R.