Terms of Use

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS.

This Agreement (the "Agreement") is between you and Real Estate Investors.TV, LLC ("REI.TV"), a Georgia limited liability company.

GRANT OF LICENSE. REI.TV grants to you a non-exclusive, non-transferable, limited right to access, use and display the REI.TV web site (the "Site") and the materials provided thereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
SUBSCRIPTION FEES. Certain features of this site are available only through the purchase of a site subscription ("Fee-Based Services" or “Services”).
1. You agree to pay the monthly or annual subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. You authorize REI.TV to automatically bill the charge card you provide each month or year (as applicable), or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using), until you cancel the Services. Payments will be billed in advance monthly or annually, whichever the cause may be. You may only cancel your subscription at the end of the applicable billing cycle. You will not be entitled to any refund if you cancel your subscription during a billing cycle. You agree to provide REI.TV with a valid credit or debit card and accurate, complete and updated information as required by REI.TV. Failure to comply may result in the immediate termination of Services.
  
  REI.TV reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. REI.TV will automatically charge your account for renewal of your site subscription. The renewal charge will be the current published rates for the term of your subscription. In the event REI.TV cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services.
2. In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
3. For purposes of identification and billing, you agree to provide REI.TV with accurate, complete, and updated information required by REI.TV’s subscription request form for the Fee-Based Services ("Registration Data"), including your name, address, telephone number(s), and applicable payment data (e.g., credit card number, e-mail address, and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at REI.TV's option, result in immediate suspension or termination of your right to use the Fee-Based Services.
4. You agree to promptly update your Registration Data, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow subscription help instructions to update your Registration Data.
INTELLECTUAL PROPERTY. All materials on the Site, including without limitation text, images, software, audio and video clips, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by REI.TV, which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of REI.TV. You agree not to use any trademarks, service marks, names, logos, or other identifiers of REI.TV or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of REI.TV or the relevant Affiliate. In addition, you may not use our trademarks:
1. in, as, or as part of, your own trademarks or those of any third parties;
2. to identify products or services that are not those of REI.TV;
3. in a manner likely to cause confusion; or
4. in a manner that implies that REI.TV sponsors or endorses or is otherwise connected with your own activities, products and services or those of third parties.
FORUMS. REI.TV may make available to users of the site, e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the "Forums"). REI.TV cannot review all communications made on or through the Site. However, REI.TV reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any materials which REI.TV in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any REI.TV policy.
SITE COMMUNICATIONS. You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the "Communications"). You shall not upload to, or distribute to, or otherwise publish through the Forums any Communication which:
1. is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
2. is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
3. constitutes or contains false or misleading indications of origin or statements of fact;
4. slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
5. causes injury of any kind to any person or entity;
6. infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
7. violates any applicable laws, rules, or regulations; or
8. contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Site. REI.TV and its Affiliates do not endorse or accept any Communications as its own or representative of its views.
PUBLIC COMMUNICATIONS. You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that: (i) you have no expectation of privacy in any public Communication, and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and REI.TV by reason of your transmitting a public Communication to any area of the Site. By transmitting any public Communication to the Site, you grant to REI.TV a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public Communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, "moral rights," or any similar rights under any jurisdiction.
UNSOLICITED E-MAIL. You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by REI.TV in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
PASSWORDS. As part of the registration process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Fee-Based Services, and agree that REI.TV will have no obligations with regard thereto.
PRIVACY POLICY. You agree to abide by and comply with the terms and conditions of REI.TV's privacy policy, which are set out at www.RealEstateInvestors.TV/privacy.asp and which may be changed by REI.TV in its sole and unlimited discretion. The terms and conditions of REI.TV’s privacy policy are incorporated herein and included in this agreement.
INFORMATION PROVIDED. You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. REI.TV reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that REI.TV is not responsible for any materials posted by users of the Site. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither REI.TV nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.
LINKS TO OTHER SITES. The Site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by REI.TV or its Affiliates of any third-party site or any materials contained therein. REI.TV and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
INDEMNIFICATION. You hereby agree to indemnify, defend and hold harmless REI.TV and its Affiliates from and against any and all liability and costs incurred by REI.TV or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. REI.TV reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of REI.TV.
DISCLAIMER OF WARRANTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, REI.TV AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY REI.TV. REI.TV DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ADDITIONALLY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. REI.TV MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
2. REI.TV DOES NOT WARRANT OR REPRESENT THAT A SUBSCRIPTION TO THE SITE OR USE OF THE CONTENT OF THE SITE WILL GENERATE OR INCREASE REVENUES FOR ANY ENTERPRISES YOU MAY BE INVOLVED IN OR OTHERWISE BENEFIT YOU FINANCIALLY.
3. NO CONTENT ON THE SITE OR ANY OTHER COMMUNICATION OR INFORMATION FROM REI.TV CONSTITUTES LEGAL, INVESTMENT, TAX, OR ANY OTHER PROFESSIONAL ADVICE.
4. REI.TV SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION OR DATA TRANSMITTED VIA THE SERVICES.
5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REI.TV OR ITS AFFILIATES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER REI.TV NOR ITS AFFILIATES SHALL BE LIABLE, UNDER ANY LEGAL THEORY, INCLUDING CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CON-SEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REI.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF: (i) YOUR USE OR YOUR INABILITY TO USE THE SERVICES (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) THIS AGREEMENT; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH REI.TV RELATED TO THIS AGREEMENT OR THE SERVICES OR CONTENT SHALL BE CANCELLATION OF THE SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $5.00 OR THE AMOUNT YOU PAID TO REI.TV. YOU HEREBY RELEASE REI.TV AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

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 OF LIABILITY MAY NOT APPLY TO YOU.
TERMINATION AND MODIFICATION.
1. REI.TV may, in its sole discretion, terminate this Agreement and any Services without cause at any time upon notice to you; provided that you will be entitled to receive, at REI.TV's sole discretion, the Services for any period for which you have already paid, or a pro-rated refund.
2. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from REI.TV to effect such termination. In the event of such termination, you will receive no refund of any amounts paid to REI.TV.
3. In the case of any termination, you agree to continue to abide by the provisions of this Agreement, which shall remain in full force and effect after such termination, except that the license to use the Service will automatically terminate. Upon termination (whether by you or REI.TV), you are required to immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.
4. REI.TV has the right to modify this Agreement and any policies affecting the Site, including without the Privacy Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modifications. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of REI.TV in providing the Site, including without limitation: (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription.
5. REI.TV has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. REI.TV may also impose limits on certain features and services or restrict your access to parts or all of the REI.TV Site without notice or liability. Your only right with respect to any dissatisfaction with any modifications made to the Site pursuant to this provision is to cancel your subscription.
MISCELLANEOUS. This Agreement constitutes the entire agreement between you and REI.TV with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and REI.TV. This agreement is personal to you and may not be assigned without REI.TV’s written consent. REI.TV shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of REI.TV. Failure by REI.TV to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the State of Georgia (excluding its choice of law rules). All disputes under this Agreement shall be resolved by the Superior Courts of Cobb or Muscogee County in the State of Georgia or in the United States District Court for the Middle District of Georgia, Columbus Division and each party consents to the jurisdiction of such courts and hereby waives any jurisdictional or venue defenses otherwise available to it. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.