realestatedefined.com | Terms & Conditions | Real Estate Law Explained

TERMS AND CONDITIONS

Febuary 09, 2016

Welcome to realestatedefined.com and access to the Encyclopedia of Real Estate Terms ONLINE.

The Online Encyclopedia is not a source of professional advice, but is a means of finding authoritative defintions and the answer to many questions and sources for further research on real estate words and phrases at the click of a button.

The Terms and Conditions for a LICENCE to use Real Estate Defined are set out below and by subscribing to this site (whether as a trial or paid subscription) a User accepts the Agreement set out below throughout the term of the Licence.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE LOGING IN:

1.0   DEFINITIONS

2.0   GRANT OF LICENCE, USAGE RIGHTS AND LIMITATIONS ON USE

3.0   RESPONSIBILITIES OF THE LICENSEE

4.0   RESPONSIBILITIES OF LICENSOR

5.0   ACKNOWLEDGMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

6.0   REPRESENTATIONS AND WARRANTIES

7.0   FORCE MAJEURE

8.0   MODIFICATION OF THIS AGREEMENT

9.0   TERMINATION

10.0  GENERAL

11.0  GOVERNING LAW

12.0  NOTICES

The License granted by Delta Alpha Publishing ("Delta Alpha") for the use of the Real Estate Defined (the "Licensed Work") is subject to the following TERMS AND CONDITIONS.

Following our receipt of your on-line order we will inform you if we do not, for any reason, accept and process your order.

We reserve the right to reject any order, as we see fit.

If we accept your order, we will confirm that acceptance to you by e-mail with the Site License Number and, on our sending that confirmatory e-mail to you, an agreement ("the Agreement") for the use of this Licensed Work will be created between you and Delta Alpha. Please note the right of Delta Alpha to modify this Agreement as set out in clause 8.0

This agreement will come into effect when we send you an e-mail containing your password and make the Licensed Work available to you for the first time. Under the terms of this Agreement you are granted a License to access the material in the Licensed Work but no other rights, except as expressly set out in the Agreement.

IT IS HEREBY AGREED AS FOLLOWS:

DEFINITIONS

In this Agreement, the following expressions shall have the following meanings:

"Commercial Use" shall mean use for the purposes of monetary reward (whether by or for the Licensee, or any other person or entity) by means of sale, resale, loan, transfer, hire, or other form of exploitation of the Licensed Work;

"Licensee" shall mean the individual or entity named in the online order form, together with the approved users in the case of a multiple-user subscription;

"Licensed Work" shall mean the Encyclopedia of Real Estate Terms Online;

"Licensor" shall mean Delta Alpha Publishing;

"Passwords" shall mean the user name and password to be given by Licensor to the Licensee to enable the Licensee to access the Licensed Work;

"Server" shall mean either Licensor's server or a third party server designated by Licensor on which the Licensed Work are mounted and through which the Licensee may gain access to the Licensed Work by means of the World Wide Web;

"Subscription Fee" shall be the amount due for the Subscription Period, either as a single user or if as a multiple-user the amount for the prescribed number of users.

"Subscription Period" shall mean the period commencing on the date on which the Agreement is created as stated above and continuing for so long as the Licensee has a current subscription for that Licensed Work, subject to the provisions for earlier termination set out below.

"Web Site" shall mean the site upon which the Licensed Work is displayed.

GRANT OF LICENCE, USAGE RIGHTS AND LIMITATIONS ON USE

2.1 In consideration of the Subscription Fee (whether actual, or nominal during any free trial period), the Licensor grants the Licensee the non-exclusive, non-transferable, revocable, personal and limited right to access and use this Web Site throughout the Subscription Period for the purposes of viewing the Licensed Work. No rights are granted other than as a License to access the site and no rights of use will survive the Subscription Period. The Licensor may limit usage to designated machines of the Licensor, and if so requested the Licensor must provide a list of designated machines and their identities.

2.2 Throughout the Subscription Period, the Licensee may:

2.2.1 access the Server in order to search the Licensed Work and to view, retrieve, and display limited portions thereof;

2.2.2 electronically save limited portions of the Licensed Work;

2.2.3 print out single copies of portions of the Licensed Work;

These rights may only be exercised by means of a workstation at which the Licensee is located. The rights are personal to the Licensee and may not be exercised by any other person.

2.2.4 The 'limited portions' means printing or saving no more than two definitions per day and a total of five definitions per week.

The Licensee may not:

2.3.1 remove or alter the Licensor's copyright notices or other means of identification or disclaimers as they appear in the Licensed Work;

2.3.2 change in any way the definitions or make any annotations on the definitions so as to breach the copyright of this work as produced by Delta Alpha;

2.3.3 make any derivative works from any of the Digital Content, including the Terms, Definitions, Cross References, Quotations, Bibliographical Referecnes and the Tab Content (Cases | Statutes | Formulae | Abbreviations & Acronyms | Measurements | Bookstore | Links);

2.3.4 systematically make printed or electronic copies of multiple extracts of the Licensed Work for any purpose;

2.3.5 display or distribute any part of the Licensed Work on any electronic network, including without limitation the Internet and the World Wide Web;

2.3.6 permit any party, other than a licenced user, to access or use the Licensed Work;

2.3.7 use all or any part of the Licensed Work for any Commercial Use.

2.4 decompile, reverse engineer, disassemble, share, rent, lease, loan, sell, license or sublicence, or otherwise transfer, display, distribute or create derivative works from this Web Site or its Content.

2.5 use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content.

2.6 copy, modify, bypass, reproduce, republish, distribute, display, tamper with or transmit for commercial, non-profit or public purposes all or any portion of this Web Site or any security components, except to the extent permitted above. Licensor reserves the right to withdraw access to the Licensed Work in the event of the detection of a page download rate in excess of 2 pages per second per individual browser session.

RESPONSIBILITIES OF THE LICENSEE

3.1 The Licensee will obtain and maintain at its cost all telecommunications and other equipment and software (including an Internet browser and portable document file reader) together with all relevant software licenses necessary to access the Licensed Work online.

3.2 The Licensee agrees to provide Licensor with accurate and complete registration information. It is your responsibility to inform Licensor of any changes to that information. Each registration is for a single entity only, with a designated number of Users. Licensor does not permit a) anyone other than the Licensee and the approved Users access to the Licensed work by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use.

3.3 The Licensee will be responsible for the confidentiality and all use of its Password(s)

3.4 The Licensee will notify Licensor as soon as practicable if it becomes aware of any of the following: (a) any loss or theft of the Licensee's password(s); (b) any unauthorised use of any of the Licensee's Password(s).

3.5 The Licensee agree to indemnify, defend and hold harmless Delta Alpha, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of these Terms of Use and Conditions.

3.6 The Licensee accepts that the Web Site and is entire content is the copyright material of Delta Alpha and is protected by copyright or other proprietary rights and laws.

RESPONSIBILITIES OF LICENSOR

4.1 Licensor shall provide the Licensee with a User Name and Password to enable the Licensee to access the Licensed Work.

4.2 Licensor shall use all reasonable efforts:

4.2.1 to make the Licensed Work available by means of the World Wide Web to the Licensee throughout the Subscription Period;

4.2.2 to ensure that the Server has sufficient capacity and rate of connectivity to provide the Licensee with a quality of service comparable to current standards in the World Wide Web on-line information provision industry;

4.2.3 to restore access to the Licensed Work as soon as possible in the event of an interruption or suspension of the service.

4.3 Throughout the Subscription Period Licensor shall itself provide, or arrange for the provision by a third party, of customer support services to the Licensee via e-mail, to include answering e-mail inquiries from the Licensee relating to the use and/or functionality (but not the content) of the Licensed Work.

ACKNOWLEDGMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

5.1 The Licensee acknowledges that all copyrights, database rights, trade secrets and other intellectual property rights relating to the Licensed Work (collectively the "Licensor Intellectual Property"), are the sole and exclusive property of Licensor and that this Agreement does not convey to the Licensee any right, title, or interest therein except for the right to use the Licensed Work in accordance with the terms and conditions of this Agreement.

5.2 The Licensee shall notify Licensor promptly (i) of the facts and circumstances surrounding any unauthorised possession or use of the Licensed Work, or Licensor Intellectual Property, or any portion thereof; and (ii) on becoming aware of any claim by any third party that the Licensed Work infringe an intellectual property or proprietary right of any third party.

5.3 The copying and use of the Delta Alpha logo is not permitted.

REPRESENTATIONS AND WARRANTIES

6.1 The Licensee acknowledges that he has read and accepted the DISCLAIMER AND LEGAL NOTICE set out on the Web Site and this Agreement is subject to the provisions that notice.

6.2 NO LEGAL ADVICE. While every care has been taken in the preparation of the material contained in this Web Site, it is not intended to be a substitute for professional advice. If legal advice or other expert assistance is required, the services of a competent professional advisor should be sought.

6.3 None of the material set out on the Web Site should be construed as being either official or unofficial policy of any of the governmental bodies or any organizations referred to herein.

6.4 The contents of this Web site are provided on the understanding that neither the publisher, author, nor any contributor is engaged in rendering legal, financial or other professional advice or services

6.5 No oral or written information or advice given by Delta Alpha, its distributors, agents, or employees shall create a warranty or in any way increase the scope of this Agreement.

6.6 Licensor represents and warrants that it has the power to enter into this Agreement and to grant the rights conferred herein to the Licensee and that the Licensed Work do not violate or infringe upon any copyright or other proprietary right or contract right of any third party.

6.7 Save as provided above, Licensor gives no warranty, express or implied, and makes no representation that (i) the Licensed Work will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to Licensor; or (ii) that the Licensed Work will operate error free or without interruption or that any errors will be corrected; or (iii) that the material published in the Licensed Work is either complete or accurate.

6.8 In no circumstances will Licensor be liable to the Licensee or any third party for any loss resulting from a cause over which Licensor does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorised access, theft, or operator errors.

6.9 In no circumstances will Licensor be liable to the Licensee or any third party for any consequential, incidental, special or indirect damages including, without limitation, damages for loss of data or corruption of data, loss of programs, loss of business or goodwill, or other damages or losses of any nature arising out of the use of, or inability to use the Licensed Work.

6.10 Without prejudice to the indemnity in clause 7.1, the Licensee agrees that the entire liability of Licensor to the Licensee or Authorized Users arising out of any kind of legal claim (whether in contract, tort, by statute or otherwise) in any way connected with the use or inability to use the Licensed Work shall be the refund of any Charges paid hereunder.

6.11 ERRORS AND CORRECTIONS. Delta Alpha does not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Delta Alpha does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Delta Alpha may make improvements or changes to its features, functionality or content at any time. Delta Alpha Publishing welcomes any comment and notification of any apparent errors and a form for this purpose is available on the Web Site.

FORCE MAJEURE

The Licensee and Licensor shall not be responsible to one another for any failure to perform any obligation under this Agreement due to Acts of God, war, riot, embargoes, acts of civil or military authorities, fire, flood, typhoon, wind storm, snow storm, blizzard, hurricane, or other cause that is outside the control of the party and could not be avoided by the exercise of due care. Should any delay in performance occur arising out of any of the foregoing events, a party's obligations that are dependent upon performance of the delayed event by the other party shall be extended correspondingly. Notwithstanding the occurrence of any of the events set forth in this clause, the parties shall at all time use reasonable efforts to perform all obligations under this Agreement in a timely manner, taking account of the existing circumstances.

MODIFICATION OF THIS AGREEMENT

The Licensor reserves the right to modify or update this Agreement at any time. Each time you access this website, you agree to be bound by the Terms and Conditions then in effect.

TERMINATION

9.1 The Licensor may terminate this Agreement without notice if at any time the Subscription Fee is not paid in full within the stated time.

9.2 If the Licensor considers there has been a failure to comply with any of these Terms and Conditions, it shall serve 30 days notice of Termination on the Licensor specifying the Breach and requesting that the Breach be rectified. If the Licensor considers that the Breach has not been rectified, access to the site will be restricted, the Agreement will be terminated and the Licensor will refund the pro rata portion of any charges which may have been paid by the Licensee for the balance of the Subscription Period from the date of such Termination.

9.3 In the event that the Licensor considers that there has been a material breach of any of the Terms and Conditions, this Agreement may be terminated with 24 hours notice and in that event the Licensor will have no obligation to refund the unused portion of the Subscription Fee. In addition, you must immediately destroy all copies of downloaded materials in your possession or control.

9.3 Licensor reserves the right at any time on 30 days notice to the Licensee to terminate this Agreement in whole or in part due to ceasing publication of all or part of the Licensed Work. In the event of a termination in accordance with this clause 9.2 Licensor will refund the pro rata portion of any charges which may have been paid by the Licensee for the balance of the Subscription Period outstanding at the date of such termination.

GENERAL

10.1 This Agreement is personal to and binding on the parties and neither this Agreement nor any of the rights under it may be assigned or sublicensed.

10.2 All notices required to be given under this Agreement shall be given in writing in English and left at or sent by first class registered or recorded delivery to the appropriate address shown at the head of this License, or such other address as the party concerned shall from time to time designate by notice pursuant to this clause. Such notices shall be deemed to be delivered (i) when left at the addressee's address; or (ii) if posted 10 (ten) days after posting (unless the notice has been returned by the delivering organization). All notices to Licensor shall be marked "for the attention of the Director".

10.3 This Agreement constitutes the entire agreement of the parties about its subject matter, supersedes all prior communications, understandings and agreements (whether written or oral) relating to its subject matter and may not be amended or modified, except by agreement in writing signed by both parties.

10.4 No provision in this Agreement is intended to be enforceable by a person who is not a party to this Agreement.

10.5 The rights of the parties arising under this Agreement shall not be waived except in writing. Any waiver of any of a party's rights under this Agreement or of any breach of this Agreement by the other party shall not be construed as a waiver of any other rights or of any other further breach.

10.6 Headings used in this Agreement are for convenience only and are deemed not to be part of the Agreement.

PRIVACY

Use of the Web Site is subject to the Privacy Policy set out therein.

GOVERNING LAW

This Agreement is subject to the Law of the England.

NOTICES

Notices under this Agreement should be sent to:

1. Delta Alpha Publishing Limited

19H John Spencer Square

London N1 2LZ

United Kingdom

2. By email to dap [@] deltaalpha.com

All email messages will only be accepted upon receipt by the Licensor of a confirmation of receipt by the Licensee.

Or 3. to

Delta Alpha Publishing

35 Ash Drive

Kimball, MI 48074

United States

Marked for forwarding to Delta Alpha Publishing at the UK address above.

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