REexpert, LLC, a Delaware limited liability company (collectively with its corporate affiliates and including all features, content and applications available on the website, "REexpert," "us" or "we") is an interactive website that connects real estate professionals with potential homebuyers or sellers.  By using REexpert (regardless of whether you are a potential homebuyer, a real estate professional, a seller, or anyone else), you agree to the following terms of use (the "Terms of Use") and to REexpert's Privacy Policy, which may be accessed at www.reexpert.org and which is incorporated herein by this reference.  We may modify or amend these Terms of Use at any time so you should bookmark this page and check it often.  By using REexpert, you agree to any such modifications or amendments.  If you do not agree to these Terms of Use, you should not use REexpert.  At times, you may be asked to accept additional terms and conditions.  This may happen, for instance, when you use certain services on REexpert.  Unless otherwise stated, such terms are incorporated by reference into these Terms of Use.

THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND DUTIES SO YOU SHOULD READ THEM CAREFULLY.  Some of these Terms of Use only apply to real estate professionals who are selected as REexperts (individually, a "Reexpert Agent" and collectively, "REexpert Agents"), but regardless of whether you are a real estate professional, you should read all of these Terms of Use in order to determine which apply to you.

Eligibility for Use.  In order to use REexpert, you must be fully able and competent to enter into these Terms of Use and must be of legal age.  In addition, you may not use REexpert if any applicable law or regulation prohibits it.  Furthermore, any information you provide to us must be accurate and truthful, and you agree to update it as needed to ensure that it remains current.  Finally, if you are a REexpert Agent, you must be a real estate salesperson or broker and currently possess a valid license, and if you are employed by another broker, you must have that broker's permission to use REexpert.  If you do not meet these conditions and use REexpert, you are in violation of these Terms of Use.

Limited License to Use REexpert.  REexpert and all content on REexpert are the property of either REexpert, REexpert Agents or its licensors with all rights reserved.  You may not copy, modify, distribute, reproduce, sell, post, download or otherwise use such content in any form or in any medium, in whole or in part, without the prior written permission of REexpert; provided, however, that if you are a REexpert Agent you may use any content you produce and post on REexpert in accordance with these Terms of Use.  If you meet the eligibility requirements above, REexpert hereby grants you a non-exclusive, limited license to access and view the REexpert content in accordance with these Terms of Use and any other agreement between you and REexpert, and in connection therewith, to use REexpert as intended through its normal functionality.  With the exception of REexpert Agents, this limited license only applies to your non-commercial, personal use.  The limited license granted to REexpert Agents applies to commercial as well as personal use.  Except for your own User Content (as defined below), you may not use any REexpert content in any publications or compilations, nor may you repost the content on the Internet.  The limited license granted in this section will terminate if you violate any of the Terms of Use or as otherwise set forth in any agreement between you and REexpert.  In addition, REexpert reserves the right to terminate this license at any time, for any reason or for no reason, and with or without cause.  Unless otherwise stated, this limited license does not grant you any intellectual property rights in relation to the REexpert content.

Conditions of Use.  In addition to any other requirements in these Terms of Use, by accessing or otherwise using REexpert you agree:

(1)  You will not modify any portion of REexpert or its related technologies. You will not disable, circumvent, or interfere with the security features REexpert provides, or the features that limit copying or use of content on REexpert.
(2)  Unless you are a REexpert Agent, you will not use REexpert or the content on REexpert for any commercial purpose (including any purpose relating to advertising) unless you have prior, written permission from REexpert.
(3)  You will not access REexpert through the use of an automated system, including, but not limited to, robots, spiders, data mining, or similar methods; provided, however, that commercial search engines may use such technology solely in connection with the creation of publicly available search indexes.
(4)  You will not solicit, directly or indirectly, the real estate professionals listed on REexpert or the users of REexpert in connection with any commercial purpose.
(5)  You will comply with these Terms of Use and all applicable laws and regulations associated with the use of REexpert.
(6)  REexpert may modify, alter or discontinue REexpert, or any portion thereof, at any time without notice.
(7)  You acknowledge that all of the content on REexpert is owned by or licensed to REexpert.  This includes, without limitation, all trademarks, logos, trade names, service marks, text, graphics, videos, music, and other content.  You will comply will all applicable copyright, intellectual property, and other laws and regulations regarding such content.
(8)  You will not use REexpert for any unlawful or tortuous purpose.
(9)  You consent to being contacted by REexpert or a REexpert Agent regardless of whether you have placed your phone number on a Do Not Call list.
(10)  You acknowledge that we are not your real estate broker, mortgage broker or lender.

Third Party Websites.  While using REexpert, you may be able to access third party websites through advertisements or other links.  REexpert's approval or allowance of such links indicates no endorsement by us of such third party's website, services, products, policies or other information.  REexpert is not responsible for, and cannot control, the content of those third party websites.  You should contact those third parties directly for information on their terms of use, privacy policy, and other relevant information.  By using REexpert, you agree that you will not attempt to hold REexpert responsible or liable for the content of such third party websites.

REexpert Agent User Account.  REexpert Agents will be required to maintain a user account (a "User Account") in order to access certain features on REexpert.  If you are chosen as a REexpert Agent and are given a User Account, you are responsible for keeping your password a secret.  We are not responsible for your use of REexpert, and by using REexpert you take full responsibility for your actions relating to your use of REexpert.  You agree to notify us immediately if you suspect or learn of any unauthorized use of your User Account.  You also agree that you will not use another person's User Account or attempt to impersonate another REexpert Agent or any other third party.  REexpert reserves the right to terminate your User Account for any reason at any time and without notice.

REexpert Agent User Provided Content.  Once you become a REexpert Agent, you acquire the ability to post information and photographs on the REexpert website (collectively with any other REexpert Agent posted content, "User Content").  When you take advantage of these capabilities, the material you post becomes publicly available for third parties to see.  When you post User Content on REexpert, you retain ownership of such content, but you grant REexpert an unlimited, non-exclusive, perpetual, world-wide, royalty-free, sublicenseable, transferable license to use the User Content in any manner it deems fit, including, without limitation, to reproduce, display, distribute, modify, convert to another format, prepare derivative works of, and perform the User Content in connection with REexpert's business and to post the User Content on REexpert.  This license shall terminate once you remove the content from REexpert; provided, however, that REexpert may retain a copy of such material in its archives or on its server.

In connection with posting User Content on REexpert, you represent and warrant that you either own the User Content you submit or have such licenses, rights or permissions as are necessary to post the User Content and grant the license referred to above.  In addition, you represent and warrant that the posting of your User Content and the posting or transmitting of any additional material will not violate any third party's privacy, or other personal or proprietary, rights and that it will not violate any trademarks, copyrights, trade secrets, trade names or other proprietary rights.  You agree that you are solely responsible for the posting of your User Content and acknowledge that you are responsible for paying any royalties or other amounts owing to any third parties as a result of your posting of User Content and the use of such User Content under the above-granted license. 

You agree that you will not post any offensive, unlawful, obscene or inappropriate User Content or User Content that otherwise appeals to the prurient interest on REexpert.  REexpert reserves the right to remove User Content from REexpert at any time, without notice, for any reason including, but not limited to, User Content that violates this section. 
You are solely responsible for creating and maintaining backup copies of your User Content.

User Content of Others.  REexpert does not pre-approve or monitor the User Content that REexpert Agents post.  Therefore, we have no way of knowing if a REexpert Agent posts inappropriate or unlawful User Content.  We do accept notifications of copyright infringements (see below for more information on this service) and we may attempt to remove other inappropriate and unlawful User Content, but we disclaim all liability for the User Content REexpert Agents choose to post. 

Disputes with Other Users.  With the exception of notices of copyright infringement (see below), all disputes you may have with other users of REexpert or REexpert Agents are solely your responsibility.  We will gladly accept reports of inappropriate behavior or unsatisfactory performance and may use such information in determining who we select as REexpert Agents, but you agree that we have no obligation to become involved in or moderate any disputes with other users or REexpert Agents that you may have.

Disclaimer of Warranty; Limitation of Liability.  REEXPERT AND THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS."  REEXPERT DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO REEXPERT AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.  USE OF REEXPERT AND ANY RELATED SOFTWARE, PRODUCTS OR SERVICES IS AT YOUR OWN RISK.  REEXPERT IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF REEXPERT OR ANY RELATED SOFTWARE, PRODUCTS OR SERVICES OR WITH THE DELAY OR INABILITY TO USE REEXPERT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE, EVEN IF REEXPERT HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification.  You agree to indemnify and hold harmless REexpert and its affiliates, officers, directors, employees and agents, from and against any and all actions, causes of action, claims, demands, costs, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or related to your use of REexpert, your violation of the rights of any third party (including, without limitation, intellectual property and privacy rights), your violation of these Terms of Use, and any claim that your User Content harmed a third party.  Your obligation to indemnify REexpert will survive termination of these Terms of Use and your use of REexpert.

Legal Action for Violation.  If you violate any of these Terms of Use or use REexpert for any illegal or unauthorized purpose, REexpert reserves the right to initiate appropriate legal action against you.

Copyright Infringement and the Digital Millennium Copyright Act.  In accordance with the Digital Millennium Copyright Act ("DMCA"), and specifically 17 U.S.C. § 512(c)(2), a copyright agent has been designated to receive notification of a claimed copyright infringement for REexpert.  If you are a copyright owner or an agent of a copyright owner and believe your copyrighted work is being infringed on by any User Content posted on REexpert, please notify our copyright agent at: info@thereadvocate.com.  When notifying us of the alleged copyright infringement, please be sure to include the information required by 17 U.S.C. § 512(c)(3).  If you neglect to provide all of the requested information or otherwise comply with this section and DMCA, your notice may not be valid.  In addition, if you file a notice containing false information, you may be liable for damages and your actions may constitute perjury.  Upon receipt of a valid notice, we will remove the offending material and notify the REexpert user who posted the infringing User Content.
If you have posted User Content that is removed, and you believe such removal was a mistake or that you have the necessary licenses or permissions to post the User Content, you may send the copyright agent designated above a counter-notice.  Please include all the information required by 17 U.S.C. § 512(g)(3).  After receiving such a counter-notice, REexpert may send a copy of it to the party who sent the original notice.  If the party who sent the original notice does not file a court action, REexpert, in its sole discretion, may replace or restore the removed User Content ten (10) or more days after receiving the counter-notice.

Governing Law, Jurisdiction and Venue.  These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Colorado applicable to contracts made and to be performed wholly within such state.  The courts of the State of Colorado shall have exclusive jurisdiction, including in personam jurisdiction, and shall be the exclusive venue for any and all controversies and claims arising out of or relating to these Terms of Use.

Assignment.  You may not assign or delegate any of your rights or obligations under these Terms of Use.  REexpert may assign these Terms of Use at its sole discretion, without notice, and at any time.

Entire Agreement.  These Terms of Use constitute the entire agreement between you and REexpert with respect to the matters covered by them and supersede any prior understanding or agreements, oral or written, with respect thereto.

Costs and Attorneys' Fees.  If you or REexpert commences any action or proceeding against the other to enforce these Terms of Use, or to recover damages or obtain injunctive or other relief resulting from the alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover all reasonable costs and expenses, including without limitation reasonable attorneys' fees.

Captions.  All captions, titles, headings, and divisions in these Terms of Use are for purposes of convenience and reference only, and shall not be construed to limit or affect the interpretation of the Terms of Use.

Successors and Assigns.  The provisions of these Terms of Use shall inure to the benefit of, and be binding on, you and REexpert and yours and its successors, assigns, employees, legal representatives, heirs, distributees, and transferees, by operation of law, whether or not any such person shall become a party to these Terms of Use or have agreed in writing to join or be bound by the terms and conditions of these Terms of Use.

Waiver and Severability.  No waiver of any default or breach of any agreement or provision herein contained shall be deemed a waiver of any other default or breach thereof or of any other agreement or provision herein contained.  If any provision or portion of a provision of these Terms of Use is declared void and/or unenforceable, such provision or portion shall be deemed severed from these Terms of Use, which shall otherwise remain in full force and effect.