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Terms & Conditions / Contract

 

By accessing, viewing or entering this website and/or by becoming a member through any means, and in consideration of REMarketStats, LLC operating as REMarketStats.com, providing you with access to the website and its content (“Content” means all text, images, video, audio, graphics, charts, market data, products and services available through or by use of the website), you are consenting to be bound by and are becoming a party to this contract.  If you do not agree to all of the terms and conditions of this contract, you must leave now, and not access, view or enter this website or the content.

 Part of this contract is a limited license, which allows you to download and view the content but gives you no ownership rights in the content.  All content is subject to copyright.  No part of this website may be distributed, reproduced or otherwise disseminated by any means without express written permission from REMarketStats, LLC.

 This contract limits the liability of REMarketStats, LLC, and all affiliates, and creates a legal relationship and contract with you.

1.    Your Warranty and Representations to REMarketStats:  You warrant and represent, knowing that REMarketStats is relying on such warranties and representations, as follows:

a.    You have read through and understood this Contract and are of full legal capacity and of the full age of majority in the jurisdiction in which you reside, and you are in any event of the full age of eighteen years of age or older.

b.    You are either the holder of the credit card used to make any payments, or you are authorized by the holder of the credit card to make such payment and all personal information provided to REMarketStats, LLC by you is true, complete and accurate.

c.    Any and all of the Content that you download, view, perceive or receive from REMarketStats is and will be strictly for your own personal use.

d.    You will not copy, distribute, publish or resell the Content to anyone else or post the Content, or any portion of the Content, on the internet or otherwise make them available to others.

e.    You recognize, acknowledge and agree that the Content is subject to Federal and international copyright laws, and other intellectual property laws, and is the exclusive property of REMarketStats or its licensors.

2.    You Conduct: You agree that at all times:

a.    You will follow all the rules and regulations set by REMarketStats from time to time, which rules and regulations are currently as set out in the Contract.  These rules and regulations will apply to you whether you are accessing Content available without cost or Content provided only to members of the website, or both.  These rules and regulations apply to all use of the REMarketStats website;

b.    All Content made available to you, including content in the free portion of this website, is provided on the basis that you will be entitled to retain one copy any piece of Content for your own personal use on one computer;

c.    You will not disclose your user name, password or other account information to anyone and you agree that, in the event REMarketStats discovers that you are doing or have done so, you account may be terminated without notice or refund.  You agree that REMarketStats may track, record and archive your IP address, ISP and other information in order to prevent sharing and distribution of access information to this website and proprietary content owned by or licensed by REMarketStats, LLC; and,

d.    You will not breach the laws or regulations of the country in which you reside, in which you are domiciled, or in which you may be temporarily present or subject for any reason to its laws, or of any other country reasonably connected with your use of the website.

3.    Termination: REMarketStats may terminate this Contract at any time without cause upon one month’s notice.  REMarketStats, in its absolute discretion, will be the sole judge of whether you have breached any provision of this Contract and, if you have breached this Contract, any privileges granted to you may be revoked by REMarketStats at any time without notice in their sole discretion.  Upon such revocation, you acknowledge and agree that any Subscription you may have purchased shall be terminated, but, except as provided herein, you will not be entitled to a refund of any monies paid as of such termination, and you agree that REMarketStats shall be entitled to retain such monies paid as partial compensation of damages sustained as a result of your breach of this Contract, whether or not such damages are provable or proven.

4.    Termination by you:  You may terminate this Contract at any time after your initial subscription period expires (subscriptions are a minimum of 6 months in term, billed monthly).  Your notice must be actually received (not just submitted) at least 24 hours before your billing date (6 months from the anniversary date of your becoming a member) to be effective.  Notices received less than 24 hours before the billing date or thereafter will be effective notice for termination as of the next billing date.

5.    Refund Policy:  All subscriptions are non-refundable.  You agree that, in the event you wish to terminate, you will provide notice to REMarketStats as provided in this Contract.  Late receipt of notices of termination, howsoever caused, will result in your subscription being terminated at the end of the next billing month.

6.    Waiver:  You acknowledge that the Internet and websites accessed by you are inherently dangerous and subject to computer, system and network failure as well as malicious human activity.  While REMarketStats will take such steps as are reasonable in the circumstances to maintain the security of this website and your privacy with respect to information you provide, you agree that you use this website completely at your own risk and that in no event shall REMarketStats be held liable for any loss or damages, however caused, except as expressly provided in this Contract, even if the same is caused by negligence of REMarketStats.

7.    Disclaimer:  REMarketStats does not warrant that this website will operate error-free or that it and its server or servers are or will be free of computer viruses, Trojan horses, or other harmful content, devices or programs.  This website and its content and material are provided on an “as is” basis without any warranties of any kind.  To the fullest extent permitted by law, REMarketStats disclaims any and all conditions and warranties, whether express or implied, including the warranty of merchantability and the warranty of fitness for any particular purpose.  By accepting this contract you agree that all Content on this website is for informational purposes only and that any decisions you make or actions you take based on this Content are solely your responsibility.  You understand that the Content does not guarantee results of any sort and does not predict a market’s future performance.  REMarketStats makes no warranty or representation of non-infringement.  REMarketStats further makes no warranties or representations concerning the accuracy, reliability, completeness, or timeliness of all Content accessed by the website or otherwise.

8.    Limitation of Damages:  You further agree that any and all damages resulting from the use of this website and content, whether in tort, contract or any other cause of action, including without limitation, direct damages, indirect damages, general damages, special damages, economic damages, consequential damages, or punitive damages, and whether or not for loss of data, loss of information or loss or damage to programs, or damage to computers or networks, or from breach of privacy and/or similar personal rights, or from infringement of intellectual property rights, or any other damages whatsoever, whether or not REMarketStats shall have been advised of the possibility of such damages, shall in all cases be limited to a refund of the cost of one month’s subscription in the website.

9.    Injunctive and Similar Relief:  You agree that any breach by you of this Contract will not be fully compensable in damages and you therefore agree that REMarketStats shall be entitled to immediate equitable, injunctive and other similar relief against you.

10. Indemnity:  You agree to indemnify and save harmless REMarketStats and all affiliates for any damages sustained should you breach any provision of this Contract.

11. Grant of Limited License:  Subject to the terms and conditions of this Contract, REMarketStats grants to you a non-exclusive, limited and revocable license to download and view the Content on your computer for your own personal use.  You do not own the Content.  Upon termination of this Contract any Content in your possession will remain subject to this limited license following termination of this Contract.  All provisions of this Contract with respect to this grant of license and reservation of rights will survive the termination of this Contract, howsoever caused.

12. Non-Assignment by You:  You may not assign this License and Contract.  It is and shall remain personal to you.

13. Agreement as to Renewal of Subscription:  By becoming a member and supplying REMarketStats, and any affiliated shopping cart service or merchant account, with your credit card number and other information, you warrant and represent that you wish to become a member on a continuous and permanent basis until you advise REMarketStats otherwise.  As a convenience to you, you request that REMarketStats not contact you every month to renew your Subscription and that, unless and until you terminate as provided herein, REMarketStats will automatically bill your credit card to renew your subscription every month in order to allow you continuous and uninterrupted access to the entire REMarketStats website.  Your agreement to and acceptance of this Contract is your approval for REMarketStats to bill you monthly as provided herein.  In the event that you do not wish your subscription renewed, you will provide notice of such intent as provided above.

14. Entire Agreement:  This document sets forth the entire agreement, Contract and understanding between you and REMarketStats and merges all prior representations made or documentation provided, including anything contained in or on this website, and REMarketStats shall not be bound by any conditions, definitions, warranties, understandings or representations with respect to this Contract other than as expressly provided herein.

15. Other Sites:  You agree that REMarketStats has no control over the content or performance of any website linked to or from this website, that REMarketStats expresses no opinion concerning the content or performance of any such website, and that REMarketStats shall in no event be held liable or responsible for the content of any such website.

16. Governing Law:  This Contract and License shall in all respects by governed by the laws of Livingston County, Michigan, USA and the laws of the United States of America in effect in the said State at the time.  You agree that any and all disputes will be adjudicated only by the courts of Livingston County, Michigan, USA.  You expressly submit to and attorn to the jurisdiction of such courts, and you undertake and agree to bring no complaint and file no action in any other Court whatsoever.  Nothing contained in this section shall prevent REMarketStats from commencing an action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for breach of this Contract.

17. Severance:  Should any portion or portions of this Contract be held by a Court of competent jurisdiction to be unenforceable, then such portion or portions shall be severed from this Contract, and the remaining portions of the Contract shall be enforced.

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