- Online Services and Disclaimer of Warranty.
The REA sites provide online resources including, but not limited to, online information regarding REA’s products and product launches. Any new services, resources or informational content added to the web site shall fall under the terms of this TOU. The online resources, informational content, and products offered on this web site are provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. REA assumes no responsibility for any data loss or other loss suffered by any User of the sites. User is fully responsible for maintaining its computer equipment and Internet access to use the sites.
- User account.
Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify REA at email@example.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised. REA shall not be responsible for User’s failure to abide by this Paragraph.
- Informational content supplied by Users.
User understands that all information, computer files, software, graphics, sound files, and text, whether transmitted through the REA sites or via email to REA, are the responsibility of the User from which such informational content has originated.
- User conduct.
User agrees to not use the REA sites to:
- upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
- harm legal minors;
- collect personal information on, “cyberstalk,” bully, or harass another User, or engage in conduct that negatively affects the online experience of another User;
- impersonate another User, person, or entity, including any official or employee of REA;
- intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
- upload, post, or transmit any software or files that contain software viruses or other harmful computer code;
- interfere with the operation of REA’s web servers or other computers or Internet or network connections;
- upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
- upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail,” and
- reproduce, copy, duplicate, or sell any portion of the REA sites.
REA may disclose any informational content Users email or transmit to REA, if such disclosure is necessary to enforce this TOU, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of REA, the public, or other Users.
User agrees to indemnify and hold REA, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the REA sites, including your violation of the TOU, or your violation of any rights of another.
- Limits and modifications.
REA may establish without notice limits on the use of its sites, including the number of times Users may access the sites. REA reserves the right to modify any and all portions of the REA sites without notice. Under no circumstances shall REA be liable to User or any other party for such limits or modifications.
- Termination of User account.
REA may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall REA be liable to User or any other party for such termination of User’s account.
- Third party advertisers.
REA may allow third party advertisers to advertise on the sites. REA takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. REA shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
- Hyperlink policy.
Hyperlink Disclaimer: REA sites may contain hyperlinks to other Internet sites or social media not under the editorial control of REA. These hyperlinks are not express or implied endorsements or approvals by REA of any products, services or information available from these sites.
- REA’s intellectual property rights.
User agrees not to distribute, license, or create derivative works from any of REA’s copyrighted or trademarked material available on the sites.
- No warranties.
THE USE OF THE SITES ARE PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION.
- Limitation of liability.
REA’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). REA IS NOT LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. 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 LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
Notices may be posted to the REA sites or e-mailed to Users using the e-mail address Users submitted during the registration process.
This TOU Agreement constitutes the entire agreement between you and REA and governs your use of the REA sites. This TOU Agreement shall be governed by the laws of the State of Texas. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas. The failure of REA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of this TOU Agreement 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 TOU Agreement remain in full force and effect. Any claim arising under the terms of this TOU Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.