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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.
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.