TERMS OF SERVICES
MyRE Web Real Estate Terms and Conditions of Use
MyRE Web Real Estate is the owner of the myre.biz and real-estate-website.net website (the “Website”). Visitors are invited to visit the Website and register for our services, subject to these Terms and Conditions. Herein, “the Website” refers to myre.biz and real-estate-website.net.
MyRE Web Real Estate (“MyRE”) welcomes you. MyRE provides its service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You may review the most current version of the TOS at any time at https://real-estate-website.net/terms-of-services/. In addition, when using certain MyRE owned or operated services, you and MyRE are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. Any such guidelines or rules are hereby incorporated by reference into the TOS. MyRE may also offer other services that are subject to different Terms of Service.
1. Scope of Use
You may not use the Website, in whole or in part, for any purpose that is unlawful or prohibited by these Terms and Conditions, or for any purpose other than personal and non-commercial use, provided, however, that a real estate commission shall not be considered a fee for purposes hereof. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, frame, use on another Web site, transfer or sell any information, software, user lists, databases or other lists, products or services provided through or obtained from the Site, including, but not limited to, text, graphics, logos, photographs, and audio and visual files, without MyRE’s express written permission. This means, among other things, that you agree not to engage in the practice of “screen scraping”, “database scraping”, or any other activity designed to obtain lists of users or other information. You agree that you will not use the Site in any manner which 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 for through the Site.
Unauthorized persons attempting to access any part of this site in a prohibited manner may be subject to prosecution.
2. Changes to rules and content
MyRE reserves the right to change the rules and regulations governing the Website at any time. Amendments will be posted on the Website, and users are deemed to be aware of and bound by any changes to these rules and regulations.
MyRE also reserves the right to make improvements and/or changes in the content of the Website at any time.
3. Violations of Rules and Regulations
MyRE reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the Site, including the right to block access to the Site from a particular Internet address.
4. Linked Internet Sites
The links on the website will allow the user to leave MyRE’s website. The linked sites are not under the control of MyRE. MyRE is not responsible for the content available on other Internet sites linked to the Site. MyRE is providing these links to other Internet sites as a convenience to users, and access to any other Internet sites linked to the Site is at the user’s own risk. The inclusion of any link does not imply a recommendation or endorsement by MyRE of the linked site.
5. Arbitration and General Provisions
Any claim relating to the information available on the Site (“Claim”) shall be governed by the laws of the Republic of Lithuania, European Union. Any claim or controversy arising out of or relating to these Terms and Conditions shall be settled exclusively by final and binding arbitration in accordance with the laws of the Republic of Lithuania.
6. Service Description
MyRE provides users with access to a rich collection of resources through its network of properties, which may be accessed through any of a variety of media or devices now known or hereafter developed (the “Service”). You also understand and agree that the Service may include certain communications from MyRE, such as service announcements and administrative messages, and that these communications are considered part of your MyRE membership and you will not be able to opt out of receiving them. Unless expressly stated otherwise, any new features that supplement or enhance the current Service, including the release of new MyRE properties, will be subject to the TOS. You understand and agree that the Service is provided “AS IS” and that MyRE assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and such access may involve third-party fees (such as Internet service provider or airtime fees). You are responsible for such fees, including any fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
7. Registration Requirements
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to:
- a) provide true, accurate, current and complete information about you as prompted by the Service’s registration form (the “Registration Data”);
- b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyRE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyRE has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please remember that the Service is designed to appeal to a wide audience. Accordingly, it is your responsibility, as a parent or guardian, to determine whether any areas of the Service and/or Content are appropriate for your child.
8. Member Account, Passwords, and Security
You will receive a password and account name upon completion of the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
- a) immediately notify MyRE of any unauthorized use of your password or account or any other breach of security,
- b) ensure that you exit from your account at the end of each session. MyRE cannot and will not be liable for any loss or damage resulting from your failure to comply with this Section 8.
9. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originates. This means that you, and not MyRE, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Service. MyRE does not control the Content posted on the Service and therefore does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MyRE be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not use the Service to:
- upload, post, e-mail, transmit or otherwise make available 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;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a MyRE official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in areas (such as shopping) that are designated for such purposes;
- Upload, post, e-mail, transmit or otherwise make available any material that contains 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;
- disrupt the normal flow of dialog, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that adversely affects the ability of other users to engage in real-time exchanges;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- provide material support or resources to any organization designated by the United States government as a foreign terrorist organization (or to disguise or conceal the nature, location, source, or ownership of any material support or resources); and/or
collect or store personal information about other users in connection with any of the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that MyRE may or may not pre-screen Content, but that MyRE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or move any Content available through the Service. Without limiting the foregoing, MyRE and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to MyRE, including, without limitation, information on the MyRE Message Board and all other parts of the Service.
You acknowledge, consent and agree that MyRE may access, preserve and disclose your account information and Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to:
- a) comply with legal process;
- b) enforce the TOS;
- c) respond to claims that any Content violates the rights of third parties;
- d) respond to your requests for customer service;
- e) protect the rights, property or personal safety of MyRE, its users and the public.
You understand that the technical processing and transmission of the Service, including Your Content, may involve
- a) transmissions over various networks;
- b) changes to conform and adapt to the technical requirements of connecting networks or devices.
10. Registration Conduct
When you register with MyRE, you acknowledge that when you use MyRE Services to send electronic communications (including, but not limited to, e-mail, search queries, uploading photos and files to MyRE Websites, and other Internet activities), you are causing communications to be sent through MyRE’s computer networks, some of which are located in Illinois and other locations in the United States, and some of which are located in foreign countries. As a result, and also as a result of MyRE’s network architecture and business practices and the nature of electronic communications, even communications that appear to be intrastate in nature may result in the transmission of interstate communications, regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Service, you acknowledge that use of the Service will result in interstate transmissions.
11. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. In particular, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12. Interstate Nature of Communications on the MyRE Network
Any claim relating to the information available on the Site (“Claim”) shall be governed by the laws of the Republic of Lithuania, European Union, excluding the application of its conflicts of law rules. Any claim or controversy arising out of or relating to these Terms and Conditions shall be settled exclusively by final and binding arbitration in accordance with the laws of the Republic of Lithuania. The Website is operated by MyRE from its offices within the Republic of Lithuania. MyRE makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
13. Content Submitted or Made Available for Inclusion on the Service
MyRE does not claim ownership of any Content that you submit or make available for inclusion in the Service. However, with respect to Content that you submit or make available for inclusion on publicly accessible areas of the Service, you grant MyRE the following worldwide, royalty-free, non-exclusive license(s), as applicable:
- With respect to photos, graphics, audio or video you submit or make available for inclusion in publicly accessible areas of the Service other than MyRE Websites, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service solely for the purpose for which such content was submitted or made available. This license will continue only so long as you continue to post such Content on the Service and will terminate at the time you remove or MyRE removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video that you submit or make available for inclusion in publicly accessible areas of the Service other than MyRE Websites, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly Accessible Areas” of the Service are those areas of the MyRE network of properties that are intended by MyRE to be available to the general public. By way of example, publicly accessible areas of the Service would include MyRE member websites, photos that are open to both members and visitors.
MyRE does not claim any ownership or responsibility for linking to any website or URL from your registered domain name. You understand that you are fully responsible for all rights and rules related to any website or search engine that you link to. This includes any Multiple Listing Service (MLS) system(s), any external web link(s), and/or any website search engines. You assume full responsibility for obtaining permission to use any website, portion of a website, or MLS system before incorporating it into your use and/or benefit.
You agree to indemnify and hold MyRE and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
15. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose any portion of the Service (including your MyRE username), use of the Service, or access to the Service.
16. General Practices for Use and Storage
You acknowledge that MyRE may establish general practices and limits regarding use of the Service, including, without limitation, the maximum number of days that email messages, message board postings, or other uploaded content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allocated on MyRE’s servers on your behalf, and the maximum number of times (and the maximum amount of time) that email messages may be sent from or to an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allocated on MyRE’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in any given period of time. You agree that MyRE has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that MyRE reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that MyRE reserves the right to change these general practices and limits from time to time.
17. Changes to Service
MyRE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MyRE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that MyRE may terminate your MyRE account, any associated email address, and access to the Service under certain circumstances. Cause for such termination may include, but is not limited to, breaches or violations of the TOS or any other incorporated agreement or policy, requests by law enforcement or other governmental authorities, a request by you (self-initiated account deletions), discontinuance or material modification of the Service (or any part thereof), unexpected technical or security issues or problems, extended periods of inactivity, your engagement in fraudulent or illegal activities, and/or non-payment of any fees owed by you in connection with the Service.
Termination of your MyRE account will include removal of access to all offerings within the Service, including but not limited to MyRE Mail, MyRE Websites and other member features, deletion of your password and all related information, files and content associated with or in your account (or any part thereof), and prohibition of further use of the Service. You further agree that all terminations for cause will be made in MyRE’s sole discretion and that MyRE shall not be liable to you or to any third party for any termination of your account, any associated email address, or access to the Service.
19. Dealing with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MyRE shall not be responsible or liable for any loss or damage of any kind incurred as a result of such dealings or as a result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyRE has no control over such sites and resources, you acknowledge and agree that MyRE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyRE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
21. Listing Syndication
The Service may provide, or third parties may provide, listing syndication to third party networks such as Truila® Google® Oodle® Zillow® and other real estate websites to promote your listings. References herein to “syndication partners” include, but are not limited to, Truila® Google® Oodle® Zillow® and more real estate websites. You agree that you may opt in to this syndication by clicking a check box next to each syndication partner service that you wish to use in your site management area, and you agree that the use of these syndication partners is an optional service. Because MyRE has no control over such sites and resources, you acknowledge and agree that MyRE is not responsible for the availability of such external sites or listing resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The syndication partner service between MyRE and a partner is provided to you as an added benefit, and therefore MyRE is not responsible for the completeness or accuracy of your listing on any partner network. While MyRE representatives will be happy to assist you in recommending action for your listings if you have a problem, you acknowledge that it is not our responsibility nor are we at fault for the completeness of your listings on any syndication partner site. You further acknowledge and agree that MyRE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
22. MyRE Property Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MyRE or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
MyRE grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single domain name; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MyRE for use in accessing the Service.
23. Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. MyRE and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- MyRE and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that
- I) the service will meet your requirements;
- II) the service will be uninterrupted, timely, secure or error-free;
- III) the results that may be obtained from the use of the service will be accurate or reliable;
- IV) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations;
- V) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from MyRE or through or from the service will create any warranty not expressly stated in the terms and conditions.
- A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service. Certain conditions may cause previously unrecognized epileptic symptoms in users who have no history of seizures or epilepsy. If you or anyone in your family has a history of epilepsy, consult your physician before using the Service. Stop using the Service immediately and consult your physician if you experience any of the following symptoms while using the Service: dizziness, changes in vision, eye or muscle twitching, loss of consciousness, disorientation, any involuntary movement, or convulsions.
24. Limitation of Liability
You expressly understand and agree that MyRE and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MyRE has been advised of the possibility of such damages), resulting from
- I) the use or the inability to use the service;
- II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- III) unauthorized access to or alteration of your transmissions or data;
- IV) statements or conduct of any third party on the service;
- V) any other matter relating to the service.
25. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in Sections 17 and 18 may not apply to you.
26. Special Admonition for Services Related to Financial Matters
If you wish to create or join a Service, or receive or request news, messages, alerts or other information from the Service, please read sections 17 and 18 above again. The Service is provided for informational purposes only, and no Content contained in the Service is intended for trading or investment purposes. MyRE and its licensors are not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available through the Service, and are not responsible or liable for any trading or investment decisions based on such information.
27. No Third-party Beneficiaries
You agree that, except as expressly provided in these Terms, there are no third-party beneficiaries to this Agreement.
MyRE may provide notices to you, including notices regarding changes to the TOS, by email, regular mail, or postings on the Service.
29. Trademark Information
MyRE Web Real Estate, MyRE and MyRE®, trademarks and service marks, and other MyRE logos and product and service names are registered trademarks of MyRE. You agree not to display or use in any manner the MyRE Marks without MyRE’s prior permission.
30. Contract Terms
Billing for annual service is automatically renewed annually based on the date you begin service. Billing for monthly service is billed monthly based on the date you begin service. You are free to cancel as described below.
31. Cancelation of Service
You agree to pay our required monthly service fee on an ongoing basis until you wish to cancel your service plan. You may cancel at any time. You further agree that to NOT be charged for an additional month of service, you must cancel your service plan within 7 business days of your next billing date. With our monthly plan, you understand that you will be billed on a monthly basis according to the date you sign up each month until you delegate otherwise.
The TOS constitutes the entire agreement between you and MyRE and governs your use of the Service, superseding any prior agreements between you and MyRE with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other MyRE services, partner services, third-party content, or third-party software.
Choice of Law and Forum
The TOS and the relationship between you and MyRE shall be governed by the laws of the Republic of Lithuania, European Union, without regard to its conflict of law provisions. You and MyRE agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Klaipeda, Lithuania.
Waiver and Severability of Terms
The failure of MyRE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your MyRE account is non-transferable and that any rights to your MyRE username or any content within your account will terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all content therein permanently deleted.
Statute of Limitation
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) month after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.