REcolorado MARKETPLACE TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS AND USE OF THIS SITE CAREFULLY.

 

1. Scope of These Terms of Use                                                        

These Terms of Use apply to your use of REcolorado Marketplace (“this Site”) owned and operated by Metrolist, Inc., d/b/a REcolorado a Colorado Corporation (“REcolorado”). This is a legally binding contract between you and REcolorado, and governs your use of the REcolorado Marketplace, and any related web sites. You should consult an attorney if you do not understand it. These Terms of Use limit your legal remedies and REcolorado’s liabilities to you. If you do not accept these terms in their entirety and without modification, you are not permitted to use this site.

These Terms of Use do not apply to your use of unaffiliated websites of any other companies, organizations or individuals or to which this Site links. ("Other Sites")

2. Acceptance of These Terms of Use

By using this Site, you agree to be bound to these Terms of Use and the REcolorado Marketplace Privacy Policy. REcolorado, its subsidiaries, members, business affiliates and suppliers ("we" "us" or "our") make the information, products, and services provided on this Site available to you, conditioned on your acceptance without modification of these Terms 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. If you choose not to accept these Terms and Conditions at any time, do not use this Site.

In addition to any other representations and promises in these Terms of Use, you make the following promises to REcolorado in return for REcolorado granting you access to this Site:

• You represent and warrant that you are 18 years of age or older.
• You represent and warrant that all the information you may provide will be true and accurate to the best of your knowledge.
• You acknowledge that REcolorado is not a real estate broker and does not offer real estate brokerage services.

3. Disclaimer Regarding Links

We are not responsible for the availability of any Other Site or information to which this Site links. Please direct your concerns to that Other Site's webmaster or appropriate contact.

4. Intellectual Property Rights Ownership

Unless otherwise noted, all rights, title and interest in all information in any medium now known or hereafter discovered including, but not limited to, screens, texts, user names, passwords, Web pages, or other materials (collectively “Information”) appearing in and on this Site are the exclusive property of REcolorado. REcolorado shall have the right to license any Information, subject to its stated Privacy Policy, contained in, or collected on, this Site to any entity pursuant to terms agreed upon by REcolorado.

You acknowledge that all content on or provided through this Site in any medium now known or hereafter discovered, including, but not limited to software, images, illustrations, audio clips, and video clips (collectively “Content”), is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by REcolorado or by third parties that have licensed their Content or the right to market and sell their products, services, or both to REcolorado. Such Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or exploited in any way, without proper license agreements.

5. User generated content

You grant to REcolorado a non-exclusive, world-wide, royalty-free, perpetual, irrevocable license to reproduce, distribute, display, perform, and create derivative works and compilations of, the content you post on this site, including ratings, reviews, or any other content you post to this site or to which you direct other Users (“User Generated Content”). This license applies to REcolorado’s use of your content on the Internet, and in any other medium now known or discovered in the future. You grant REcolorado the right to sublicense these rights to others, and to grant others the right to sublicense these rights.

You accept responsibility for all User Generated Content you post to this site. You represent and warrant that any content you post to this site will meet the following requirements:

• You have the right to use, reproduce, display and link to it, and the right to grant to REcolorado the licenses you make under these Terms of Use.
• It is true and accurate to the best of your knowledge.
• It is not illegal, obscene, offensive, or infringing on any rights of any third party (including intellectual property, privacy, and contract rights).
• It is does not contain “malware” or any other type of virus or invasive software or code, or links to such code.
• It is not a commercial solicitation (except as expressly permitted in these Terms of Use) and does not constitute “spam” or any other communication unrelated to the purposes of these Terms of Use.

 

REcolorado reserves the right to remove any User Generated Content.

6. Use Restrictions

By using this Site you warrant to REcolorado that you will not use this Site for any unlawful purpose or any use prohibited pursuant to these Terms of Use. Your violation of any of these prohibitions automatically terminates your right to use this Site, and you are on notice that we intend to pursue our legal remedies for any violation. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Information or Content, except as expressly permitted in these Terms of Use.

You may not do any of the following while using this Site:

• Post false, inaccurate, misleading, or defamatory content on this Site.
• Violate any laws or third party rights.
• Use this site at all if you are under the age of 18 or are legally incapable of forming binding contracts.
• Transfer your user account to any other person or entity, or provide your user ID and password to anyone else without REcolorado’s written permission.
• Gather, or attempt to gather, by any automated means, including but not limited to “screen scraping” or “database scraping,” any content from this site.

7. Limitation of Liability; Warranties; Indemnification

You agree not to hold REcolorado liable for your use of third-party products, services, or both acquired through this site. You also agree not to hold REcolorado liable for the actions, failures to act, or statements of anyone else, including any posts or reviews they make on this site. Your use of the Information and Content provided here are used at your own risk and you agree not to hold REcolorado liable for your reliance on any information on this site, whether provided by REcolorado, another user, a Provider, or otherwise. Under no circumstances shall REcolorado (or its employees, officers, directors, and affiliated companies) be liable to you or anyone else for any indirect, incidental, special, consequential, Exemplary, or punitive damages that result from the RELIANCE, use of, or inability to use this site, the Content on it, Or THE PRODUCTS, SERVICES, OR Both PROVIDED THROUGH IT. iN no event shall THE MAXIMUM AGGREGATE LIABILITY OF REcolorado to you FOR DAMAGES AND COSTS ARISING OUT OF THIS AGREEMENT EXCEED $100.

To the extent permitted by law, REcolorado excludes and disclaims all implied warranties. REcolorado provideS This site and CONTENT it on an “as is,” “as available” basis. REcolorado makes no warranty as to the accuracy, completeness, currency, or reliability of statements on it. you are advised that factual material on this site may contain errors and is subject to revision at all times. You are advised to confirm all factual material upon which you intend to rely in any transaction. Futher, you are advised that comments on this site represent the views of the poster, and REcolorado does not endorse the views or the validity of any factual statements.

Additionally, To the extent permitted by law, REcolorado excludes and disclaims all implied warranties for products or services offered through this site. REcolorado provideS products and services on an “as is,” “as available” basis. REcolorado makes no warranty as to the performance of any products. you are advised that you use any products or services at your own risk.

You release recolorado (and its employees, officers, directors, and affiliated companies) from any claims and damages of any kind, arising from the actions of other users of this site or your use of THIRD-PARTY products or services provided through this site.

Some states do not permit the exclusions of certain types of liability or limitations on certain types of warranties. if these state laws apply to you, some of the limitations and exclusions above may not apply to you, and you may have other rights or remedies.

You will defend, indemnify and hold REcolorado (and its employees, officers, directors, and affiliated companies) harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) in any claim, demand, action or proceeding initiated by any third-party for your use of third-party products, services, or both purchased through this Site, or from your breach of this or any other agreement or violation of any law.

8. No Personal Advice

The information contained in or made available by this Site does not and is not intended to convey any form of personal advice to you. The information here cannot replace or substitute for the professional advice of a licensed real estate professional to answer any questions and help you understand and use the information, products, and services available through this Site.

9. Changes to This Site

REcolorado may make changes or improvements to this Site at any time without notice.

10. Jurisdictional Issues

We operate and control our Site from our offices in Greenwood Village, Colorado in the United States of America. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. Communications

You consent to electronic communications from REcolorado in the form of electronic mail.

You may provide notice to REcolorado by sending email to marketplace.support@recolorado.com.

12. Miscellaneous

Governing Law; Arbitration: These Terms and Conditions will be governed by laws of the State of Colorado without regard to principles of conflicts of laws. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions or use of this Site will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Greenwood Village, Colorado.

Severability: If any of these Terms and Conditions are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.

Entire Agreement: This is the entire Agreement between you and us governing your access to, dealings with, and use of this site.

Waiver: Any failure by REcolorado to assert any rights it may have under this agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.

This Agreement may be modified only by our posting of changes to these Terms and Conditions. Any inquiries regarding these Terms and Conditions of use should be directed to: marketplace.support@recolorado.com.