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Terms of Use

Terms of Use

Welcome to Intelligent Real Estate Solutions, provided by ILS3, Inc. (IRES). By using IRES´ Web site, owned and operated by ILS3, related data, and/or related services (collectively, “Services”), you agree to be bound by the following terms of use (“Terms of Use”).

1. Personal Use. You agree to use the Services for your personal use. Your commercial use is limited to transactions done on your own behalf. Real estate and lending professionals may provide information to consumers via the Services or, where authorized, take actions on behalf of a consumer client (e.g., post a home or commercial property for sale). Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to (a) view, (b) save, and (c) print, fax or e-mail it. You agree otherwise not to reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Services.

2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:

  1. Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms IRES, its service providers, suppliers or any other user.
  2. Automated Queries. These Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites. Nonetheless, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system which limits access to human users. IRES reserves the right to restrict automated queries further, for example, by correspondence to parties making queries or by use of robots.txt.
  3. Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google’s terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html .
  4. Calls. The Services may provide phone numbers that can connect you with IRES, its service providers, or other third parties, such as real estate agents.

3. Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to IRES or in connection with the Services (your “Submission”), you grant IRES an irrevocable, perpetual, worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. IRES will not pay you for your Submission. IRES may remove your Submission at any time. For each Submission, you represent that you have all rights necessary to grant IRES the rights in this paragraph and that the Submission complies with Section 2(a) above. You may not share your IRES user account with others. You are responsible for all actions taken via your account. IRES will treat your use of the Services in accordance with its Privacy Policy. Certain IRES functionalities may involve the distribution of your Submission to third party Web sites over which IRES has no control. IRES is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site’s own privacy policy.

4. Software. The Services may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then IRES grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use.

5. Linked Materials. The Services include links to third-party products, services and Web sites. IRES does not endorse, and takes no responsibility for such products, services, and Web sites.

6. Claims of Copyright Infringement. IRES respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify IRES’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  1. Identification of the copyrighted work that you claim has been infringed;
  2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
  3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notices of copyright infringement claims should be sent as follows:
By e-mail: matt@ils3.com
If you give notice of copyright infringement by text e-mail, IRES’ copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

7. Intellectual Property. The Services are the property of IRES, and subject to the intellectual property rights of IRES and its licensors. ©2006-2011 ILS3, Inc. All rights reserved. You may not use any of IRES’ trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners.

8. NO WARRANTY. IRES PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IRES AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. IRES AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

9. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL IRES OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST IRES OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

10. Real Estate Licenses. IRES is a licensed real estate broker in the state of Nebraska and in the state of Bahia, Brazil.

11. Changes; Discontinuance. IRES reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. IRES may suspend or discontinue the Services at any time to you and/or to others, without notice.

12. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Nebraska and the state of Bahia, Brazil, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Douglas County, Nebraska for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

13. General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government and the Brazilian Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. IRES may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. IRES’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and IRES with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and IRES with respect to the Services.

— Updated August 2011

Terms of Use - Intelligent Real Estate Solutions

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