VEXRAY Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.
This site, www.VEXRAY.com, and any and all sites that we may own and operate in the future (collectively, "the Site"), is owned by Forum Analytics, LLC, an Illinois limited liability company (“Forum Analytics,” “us,” “we” or “our”). By using the Site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this Site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. We will post a notice here when we make material changes to these terms. If at any time you choose not to accept these terms and conditions of use, please do not use this site.
Scope of Terms and Conditions
These terms and conditions (these "Terms") apply to your use of the Site. Unless we say otherwise, all references to the Site in these Terms include all such sites. These Terms do not apply to your use of unaffiliated sites to which the Site only links.
Restrictions on Use of Materials
The contents of this Site are protected by national and international copyright and trademark laws, and are the property of Forum Analytics, and any other owners. You must follow and observe all additional copyright notices or other restrictions contained in any parts of the Site. Unless we say otherwise, you may access the materials located within the Site only for your personal use, so long as you neither change nor delete any trademark, legend or copyright notice.
You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another website, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
Except with our written permission, you agree that you will not frame (whether visible or invisibly framed) any page within the Site or pages linked to or framed within the Site. You agree that you will not juxtapose the "VEXRAY" or “Forum Analytics, LLC” names and marks and any link to a VEXRAY web page with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between us, on the one hand, and you or any other person or entity, on the other hand.
We retain all rights, title and interest in the Site and all underlying technology and data including any enhancements and improvements thereto. You will not and will not allow others to attempt to access any proprietary or confidential information contained in the Site, including but not limited to reverse engineering, decompiling, disassembling, merging, copying, using, disclosing, selling or transferring the underlying source code or structure or sequence of any of our technology or deleting or altering author attributes or copyright notices.
Membership
When subscribing to the Site, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with our written permission, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Site. Unauthorized individuals attempting to access prohibited areas of the Site may be subject to prosecution.
Membership privileges are granted by us specifically to individuals exclusively and granted to the subscribing registered member only (the “Subscriber”). No employee, independent contractor, agent, or affiliate of the Subscriber is permitted to access any of the password protected areas of the Site without our express written permission. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the Subscriber without our express written permission.
We have the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the Terms. Further, we may, in our sole discretion and at any time, terminate your access to and use of the Site, or any part thereof, with or without notice.
Passwords
You must maintain a valid user id and a password to log into the Site. You are not permitted to share their user id and password information with others. You agree to use the Site for your own use and not allow others to use the Site under or through your user id and password. You are responsible for maintaining the confidentiality of your user id and password, and you agree to notify us as soon as you discover any unauthorized use of your password.
E-mail
We utilize email as a vital and primary communication channel with you. As a subscriber, you grant us permission to communicate with you by email (as well as other communication channel such as phone and fax) for any purposes related to your use of the Site, including, but not limited to, system messages, product updates, service announcements and other marketing purposes. We will use our best efforts to honor your request to opt out of marketing messages, but under no circumstances will we have any liability for sending any email to any Subscriber.
Usage Restrictions
You represent and warrant that all real estate sites and associated information provided by you will be accurate. You further agree that you will not use the Site to:
- post, upload or otherwise transmit any content not related to appropriate subject matters;
- post, upload or otherwise transmit any content which is misleading to others;
- post, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;
- post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- post, upload or otherwise transmit any materials that contain 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; or
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.
We accept no responsibility for checking the content or accuracy of any information submitted by you.
Payment Terms
Once you have subscribed to the Site, you may submit a real estate site or multiple real estate sites to any or all of the companies participating in the Site for no charge. Submitted real estate sites that have not yet been reviewed may be retracted. The Site requires a valid credit card on file to ensure validation of authorized users submitting sites per the request of the retailers in the Site. No fees or charges will be incurred by the users of the Site at this time; however, should the payment terms of the Site change, all users will be notified prior to any charges to obtain authorization of such charges. Users of the Site are responsible for monitoring the Site for future changes to the subscription structure of the Site. Future fees or subscriptions may be required to continue using the Site in the future, to be determined at the sole discretion of the operators of the Site.
Links on our Website
These terms and conditions apply only to the Site, and not to the sites of any other companies or organizations, including those to which the Site may link. We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
Cookies
You may have access to restricted or password-protected areas of the Site. If you do, we may use cookies. "Cookies" are small text files that are either used for the duration of a session ('session cookies'), or saved on a user's hard drive in order to identify that user the next time he/she logs on to the website ('persistent cookies'). We may use 'session cookies' to identify registered users logging in to the restricted areas of the Site. These cookies are deleted from the component's server soon after the session ends and are not collected or saved. We may also use 'persistent cookies' when a registered user clicks on the "save password" check box on login. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that, although if you do disable cookies from your browser you may not be able to access certain sections of the website.
Disclaimers
THE SERVICES AND MATERIALS ON THE VEXRAY.COM SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER FORUM ANALYTICS NOR ANY OF ITS RESPECTIVE LICENSORS, AFFILIATES, OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FORUM ANALYTICS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER FORUM ANALYTICS NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OF THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL FORUM ANALYTICS OR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY FORUM ANALYTICS OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00.
Indemnity
You agree to defend, indemnify and hold harmless Forum Analytics, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys fess, that arise with your use of the Site, transmission of all communications on the Site or from your violation of applicable law.
Trademarks
VEXRAY.com, our logos, and product and service names are trademarks or service marks of Forum Analytics, LLC ("Site Marks"). You agree not to display or use in any manner the Site Marks without our prior written permission.
Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Polic
Governing Law
These terms will be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the state of Illinois, USA courts and you consent to the jurisdiction of said courts.
Injunctive Relief
In the event you breach or threaten breach of these Terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
Miscellaneous
If any provision of these Terms is held to be unenforceable, this holding will not affect the validity of the other provisions. These Terms constitute the complete and exclusive statement of the terms, conditions and representations of the agreement between us with respect to this website and the Information and supersedes all other agreements with respect to the subject matter hereof.
These Terms are for the benefit of Forum Analytics, LLC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
These Terms may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to support@vexray.com.