AGREEMENT BETWEEN USER AND Real Estate Staging Association, DBA: The RESA Buying Group (The RBG).
The RBG web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of The RBG web site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THE TERMS OF USE
The RBG reserves the right to change the terms, conditions, and notices under which the RBG web site is offered.
LINKS TO THIRD PARTY SITES
The RBG web site may contain links to other web sites (“Linked Sites”). The linked sites are not under the control of the RBG and the RBG is not responsible for the contents of any linked site.
REPORTING
In order to be able to continue to bring on new vendors and to justify the legitimacy of our industry RESA must keep track of our own sales through the RBG. We will send notices quarterly to each RBG member asking to report their total purchases for each RBG vendor. The information is used to negotiate further discounts and to bring on new vendors.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of The RBG web site, you warrant to The RBG that you will not use The RBG web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use The RBG web site in any manner which could damage, disable, overburden, or impair The RBG web site or interfere with any other party’s use and enjoyment of The RBG web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through The RBG web sites.
USE OF COMMUNICATION SERVICES
The RBG web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. By way of example, and not as a limitation, you agree that when using a communication service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the communication services.
Violate any code of conduct or other guidelines which may be applicable for any particular communication service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
The RBG reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. The RBG reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.
The RBG reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The RBG’s sole discretion.
Liability Disclaimer
The Information, Software, Products, And Services Included In Or Available Through The RBG Web Site May Include Inaccuracies Or Typographical Errors. Changes Are Periodically Added To The Information Herein. The RBG And/Or Its Suppliers May Make Improvements And/Or Changes In The RBG Web Site At Any Time. Advice Received Via The RBG Web Site Should Not Be Relied Upon For Personal, Medical, Legal Or Financial Decisions And You Should Consult An Appropriate Professional For Specific Advice Tailored To Your Situation.
The RBG And/Or Its Suppliers Make No Representations About The Suitability, Reliability, Availability, Timeliness, And Accuracy Of The Information, Software, Products, Services And Related Graphics Contained On The RBG Web Site For Any Purpose. To The Maximum Extent Permitted By Applicable Law, All Such Information, Software, Products, Services And Related Graphics Are Provided “As Is” Without Warranty Or Condition Of Any Kind. The RBG And/Or Its Suppliers Hereby Disclaim All Warranties And Conditions With Regard To This Information, Software, Products, Services And Related Graphics, Including All Implied Warranties Or Conditions Of Merchantability, Fitness For A Particular Purpose, Title And Non-infringement.
To The Maximum Extent Permitted By Applicable Law, In No Event Shall The RBG And/Or Its Suppliers Be Liable For Any Direct, Indirect, Punitive, Incidental, Special, Consequential Damages Or Any Damages Whatsoever Including, Without Limitation, Damages For Loss Of Use, Data Or Profits, Arising Out Of Or In Any Way Connected With The Use Or Performance Of The RBG Web Site, With The Delay Or Inability To Use The RBG Web Site Or Related Services, The Provision Of Or Failure To Provide Services, Or For Any Information, Software, Products, Services And Related Graphics Obtained Through The RBG Web Site, Or Otherwise Arising Out Of The Use Of The RBG Web Site, Whether Based On Contract, Tort, Negligence, Strict Liability Or Otherwise, Even If The RBG Or Any Of Its Suppliers Has Been Advised Of The Possibility Of Damages. Because Some States/Jurisdictions Do Not Allow The Exclusion Or Limitation Of Liability For Consequential Or Incidental Damages, The Above Limitation May Not Apply To You. If You Are Dissatisfied With Any Portion Of The RBG Web Site, Or With Any Of These Terms Of Use, Your Sole And Exclusive Remedy Is To Discontinue Using The RBG Web Site.
TERMINATION/ACCESS RESTRICTION
The RBG reserves The right, in its sole discretion, to terminate your access to The RBG web site and The related services or any portion Thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by The laws of The State of California U.S.A. and you hereby consent to The exclusive jurisdiction and venue of courts in Calaveras County, California, U.S.A. in all disputes arising out of or relating to The use of The RBG web site. Use of The RBG web site is unauthorized in any jurisdiction that does not give effect to all provisions of These terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the RBG as a result of this agreement or use of The RBG web site. The RBG’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the RBG’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the RBG web site or information provided to or gathered by the RBG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the RBG with respect to the RBG web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the RBG with respect to the RBG web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to The same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is The express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of The RBG web site are: Copyright © 2018 and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be The trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO The FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
