|Austin | Round Rock Real Estate||(512) 850-4510||[email protected]|
By using this website to access information, you agree that you have read, understand and agree to be legally bound by the terms and conditions of this User Agreement.
The information on this website has been generated by Resivoir, a real estate company in the state of Texas. This information has been compiled from various sources believed to be reliable, but Resivoir makes no representations or warranties related to the accuracy of this information.
Anyone viewing this website agrees that they are not relying upon Resivoir in any manner by reason of being provided access to information on this website. All information contained within this website is based on the opinions of Resivoir and the factual data compiled by Resivoir. Resivoir believes the information to be accurate but it is not guaranteed. As with any investment information, and as with any investment decision, anyone viewing this website agrees that they will verify the accuracy and reliability of all information pertaining to property related details, repair estimates, sales comparable and all other information related to the possible investment before making an investment decision.
Anyone viewing this website agrees that they are not relying upon Resivoir, its real estate investment advisors, referred to as REI advisors, sales associates, and acquisition associates. REI advisors, sales associates and acquisition associates of Resivoir are licensed real agents. The relationship between Resivoir, its agents, and anyone viewing this website are governed by Texas law.
Resivoir and its REI advisors, agents, and employees generally represent investors in a “No-Brokerage Relationship” capacity as defined under Texas law. If you are interested in any of the properties listed on this website and desire to enter into a relationship with Resivoir then you will be required to sign a form acknowledging that Resivoir represents you in a No-Brokerage Relationship capacity.
Resivoir, by allowing you to access this website is not agreeing to represent you as a transaction broker or as a single agent and no relationship is created solely by you registering to view the information on this website. Any relationship between you and Resivoir shall be established only in writing and by signing the appropriate No-Brokerage document.
Neither Resivoir nor its agents/affiliates shall be liable for any claim of loss alleged to have resulted from any errors, omissions, or inaccuracies concerning any of the information posted on this website. The User assumes any and all risk of loss related in any manner to the use of this website. In addition, principal members of Resivoir may have an equitable interest in the properties contained herein or maybe under contract to purchase the properties contained herein.
These Terms and Conditions (the “Terms”) govern your use of our website located at www.Resivoir.com (the “Site”) and the online platform services provided by Resivoir. (“Resivoir”) via our Site. To make these Terms easier to read, the Site, and our services available via the Site are collectively called “Services.” Our online platform connects real estate properties for sale (“Seller(s)”) with people who are interested in buying real estate properties (“Buyer(s)”). You don’t have to be a Buyer or Seller to use the Services – you can also use our Services to access and view our Content and Listings and other data and information made available to users of the Services. Buyers, Sellers and other users of the Services are collectively called “Users” in these Terms.
Agreement to Terms
By clicking on the “I Agree to the Resivoir Terms and Conditions” box when you sign up for Resivoir or by using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not click on that box or use the Resivoir Services. Also, if you are accessing and using the Services on behalf of a Buyer, Seller or other person, or an entity or company (such as your employer, a corporation or a trust), or acting as the agent of any of the foregoing, you represent and warrant that you have the full legal authority to bind that Buyer, Seller, or other person, or entity or company to all of these Terms. In that case, “you” and “your” will refer to that Buyer, Seller, person, agent, or company or other entity.
Changes to Terms or Services
We may modify the Terms at any time, in our sole and absolute discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or otherwise communicated them to you, you are indicating to us by your continued use that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you are not permitted to use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole and absolute discretion.
ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AS DESCRIBED IN THE ARBITRATION SECTION SET FORTH IN THE ARBITRATION SECTION LATER IN THIS AGREEMENT, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SUCH “ARBITRATION”SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND Resivoir WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
What We Do and Don’t Do via the Services
Resivoir offers a technology service and platform via the Services through which Sellers and Buyers of real estate properties can connect. Sellers can sign up with the Services and advertise a list of real estate properties that are for sale by posting “Listings.” The real estate properties included in the Listings are collectively referred to as “Homes,” “Roofs,” or “Properties” or individually, a “Home,” a “Roof” or “Property” on the Services and in these Terms. Buyers can browse the Listings and contact the Seller’s real estate agent or broker agent via the Services if they are interested in buying a Property included in a Listing. As described below, a Resivoir Entity may also act as the Seller’s real estate agent or broker in connection with the sale of Property included in a Listing.
Acting as Seller’s Real Estate Agent or Broker
Resivoir, through one of its licensed affiliates or subsidiaries or a third party real estate agent or broker approved by Resivoir (“Resivoir Entity”), may also act as the Seller’s real estate agent or broker in connection with the sale of a Property included in a Listing. If you are a Seller and wish to have a Resivoir Entity represent you as your real estate agent or broker, you agree to notify Resivoir in writing or via a communication method presented to you via the Services, and if the Resivoir Entity agrees to represent you, you will be required to enter into a real estate agency/broker representation and listing agreement (“Listing Agreement”) with the applicable Resivoir Entity which will govern the terms of real estate agent/broker relationship between you and the Resivoir Entity. Although the Listing Agreement is an agreement between you as a Seller and a Resivoir Entity, the terms and conditions of the Listing Agreement are independent of, and in addition to, these Terms. In the event of any conflict or inconsistency between these Terms and the Listing Agreement with respect to a Resivoir Entity’s role for sale of a Property, the Listing Agreement will govern.
Buyer’s Real Estate Agent or Broker
While Buyers are not required to work with a real estate agent or broker to purchase a Property included in a Listing, a Resivoir Entity or a third party real estate agent or broker may represent a Buyer as the Buyer’s real estate agent or broker in connection with the purchase of Property/ies included in Listings. In such cases Buyers will enter into real estate agency/broker representation agreements (“Broker Agreement(s)”) with the applicable Resivoir Entity or third party real estate agent or broker, which will govern the terms of real estate agent/broker relationship between you, as a Buyer, and your real estate agent and broker. The terms and conditions of the Broker Agreement are independent of, and in addition to, these Terms and in the event of any conflict or inconsistency between these Terms and the Broker Agreement with respect to a Resivoir Entity’s role for purchase of a Property, the Broker Agreement will govern. Buyers are solely responsible for performing Buyers’ obligations under any agreement that Buyers enter into with any real estate agents or brokers. If a Buyer is not represented by a Resivoir Entity and Buyer does not expressly submit Buyer’s real estate agent’s or broker’s information to the Services, it is deemed that Buyer is not represented by a real estate agent or broker in connection with purchase of a Property.
We may also provide analytics, valuation estimates, asset management and other information services to Users via the Services.
Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Resivoir and are not barred from using the Services under applicable law.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site or through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information, such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, Resivoir may suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
The terms in this Section apply to you if you are a Seller. If you’re a Buyer, please see the Section entitled “Buyer Terms” below.
We welcome you if you are a Seller, as long as you are posting a Listing that isn’t illegal or unauthorized. However, we do not endorse any Sellers and your posting a Listing does not mean you or your Listing is endorsed in any way by us, even if Resivoir or a Resivoir Entity is acting as Seller’s real estate agent or broker with respect to a particular Listing. We do not routinely conduct background checks on Sellers, but we reserve the right to do so on a discretionary basis, and you agree to cooperate with us and provide us with all information we request from you in the event that we decide to conduct a background check on you. We’re not responsible for any damage or harm resulting from your communications or interactions with Buyers or other Sellers, either via the Services or otherwise. Sellers are not employees, agents or otherwise contractors of Resivoir, but are independent people who want to post Listings and connect with Buyers.
Except to the extent expressly set forth in a Listing Agreement with a Resivoir Entity, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Buyer or other third parties regarding Listings or any Purchase and Sale Agreement (defined below) you enter into with a Buyer for purchase of a Property will be limited to a claim against the particular Buyer or other third parties, who caused you harm and you agree not to attempt to make a claim for damages or liability against Resivoir or a Resivoir Entity, or seek any legal remedy from Resivoir or a Resivoir Entity with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with your real estate agent or broker regarding Listings and Properties in which a Buyer has expressed interest and about which a Buyer has communicated with your real estate agent or broker via the Services. That said, you may also contact us and we will take any actions that we deem appropriate.
Your Obligations as a Seller
“Listing(s)” means a description of a Property that the Seller lists for sale using the Services. When one creates a Listing, you will need to submit information to us about the Property, including without limitation, images, general property information and tenant and lease information. You hereby grant a license to Resivoir to use such listing information in order to operate the Services – please see the Section below entitled “Rights in Content Granted by You”. It is important that such information be complete and accurate and we do not verify any such information or User Content you provide to us via the Services for your Listings. A Listing can also include requirements with which potential Buyers must comply, in order to purchase the Property for sale in a Listing. We may provide Additional Property Information for Listings. You agree that you are responsible for all Listings you post and for keeping the Listings information current and up to date, including up to the date of sale of a Property included in a Listing. We reserve the right to reject a Listing for any reason in our sole and absolute discretion. We will notify you if we reject your Listing and we may give you an opportunity to amend your Listing into a form that we would publish.
“Additional Property Information” means information about the Properties included in Listings, including, without limitation, valuation estimates, inspections, pest reports, conditions, repairs, cost estimates, financial estimates, neighborhood information, photographs, lease verification, property management terms, title, permits and lien information, that we obtain from a variety of sources. This Additional Property Information is licensed to Users under the Section below entitled “Rights in Content Granted by Resivoir” and our provision of the Additional Property Information to Users does not in any way mean that we have endorsed or are endorsing the Seller or Seller’s Listing. You hereby authorize Resivoir to act on your behalf, if applicable, to gather the Additional Property Information and you agree to grant Resivoir any necessary authorization to do so. You acknowledge that the Additional Property Information made available via the Services is current as of the date that it was generated and Resivoir makes no warranties that the Additional Property Information will be accurate or up to date on that date that Users access and view the Additional Property Information.
Contract with Buyers
You acknowledge and agree that unless you, as a Seller, have entered into a separate Listing Agreement with a Resivoir Entity, in which case Resivoir’s role, if any, will be addressed in the Listing Agreement, Resivoir does not, either directly, or indirectly, act as your real estate agent or broker, contracting agent or other representative. Regardless of whether or not you have entered into a Listing Agreement, if a Buyer wants to buy a Property included in your Listing, any contracts and/or Purchase and Sale Agreements that you enter into with the Buyer, written or oral, will be between you and the Buyer only. You acknowledge and agree that you, and not Resivoir, will be responsible for performing the obligations of any contracts with the Buyer, and Resivoir is not a party to such contracts or Purchase and Sale Agreements and disclaims all liability arising from or related to such contracts. You represent and warrant that you will act in compliance with all applicable laws in connection with Listings you post using the Services and any sale of Properties to Buyers.
The terms in this Section apply to you if you are a Buyer. If you’re a Seller, please see the Section “Seller Terms” above.
No Endorsement and Buyer Diligence Review
We do not endorse any Seller or Seller’s Listings. We don’t have an obligation to conduct background checks on any Seller, but we might do so on a discretionary basis. Sellers are not employees, agents or otherwise contractors of Resivoir, but are independent people or entities who want to connect with Buyers. Resivoir is not responsible for any damage or harm resulting from your communication or interaction with Sellers or other Buyers. We may, on Seller’s behalf, provide Additional Property Information to Buyers via the Services about a Seller’s Listing. Resivoir makes no representation that the Additional Property Information provided is accurate or complete. With respect to a Property which the Buyer desires to purchase Buyer represents that Buyer has clicked on the “View Details” button for the Seller’s Listing, clicked on the information icons and the “View Financials” associated with the financial information displayed on Seller’s Listing and has reviewed the financial information displayed after the clicks. Buyer also understands that any such financial information displayed on the Site are only estimates and/or based upon third party information which has been obtained by Resivoir. Buyer further understands that any such financial information may not be accurate or complete and relies on such information at its own risk. Buyer has also clicked on the “View PDFs | Download” in the Diligence Vault and viewed the documents contained therein under each tab.
BUYER ACKNOWLEDGES THAT WITH RESPECT TO ESTIMATES, FORECASTS AND PROJECTIONS DISPLAYED ON THE SITE, (i) NO ASSURANCE CAN BE GIVEN REGARDING THE ACCURACY OR APPROPRIATENESS OF THE ASSUMPTIONS AND JUDGMENTS MADE, OR THE METHODOLIGIES USED AND (ii) SUCH ESTIMATES, FORECASTS AND PROJECTIONS ARE FORWARD-LOOKING STATEMENTS AND INVOLVE RISKS AND UNCERTAINTIES THAT MAY CAUSE ACTUAL RESULTS TO BE MATERIALLY DIFFERENT FROM THE ESTIMATES, FORECASTS AND PROJECTIONS. ACCORDINGLY, BUYER SHOULD RELY ON SUCH ESTIMATES, FORECASTS AND PROJECTIONS AT ITS OWN RISK.
Buyer understands and acknowledges (i) that investing in real estate is risky and unpredictable; (ii) that the real estate industry has its ups and downs; and (iii) that the Property you purchase might not be able to be rented at amounts sufficient to cover your debt, expenses and liabilities, and might not result in a positive cash flow. Buyer further understands and acknowledges that the value of any Property purchased may decline after you buy it and that future property values are unpredictable and may go down. Buyer also acknowledges and agrees that Resivoir is not an investment or tax advisor and you must make your own investment and tax decisions either alone or with the assistance of professional investment and tax advisors.
Except to the extent of the terms and conditions of any Broker Agreement into which you have entered with a Resivoir Entity, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Seller or other third parties regarding Listings or any Purchase and Sale Agreement you enter into with a Seller for purchase of a Property, will be limited to a claim against the particular Seller or other third parties who caused you harm and you agree not to attempt to make a claim for damages or liability against Resivoir or a Resivoir Entity, or seek any legal remedy from Resivoir or a Resivoir Entity with respect to such actions or omissions. For additional terms regarding liability, please also refer to the paragraphs hereinbelow entitled “Indemnity” and “Limitation of Liability”.
We also encourage you to communicate directly with the Sellers regarding Listings they have posted for their Properties. You may also contact us and we will take any actions that we deem appropriate.
Your Obligations as a Buyer
Contract with Sellers You acknowledge and agree that unless you, as a Buyer, have entered into a separate Broker Agreement with a Resivoir Entity, in which case our role, if any, will be addressed in the Broker Agreement, we do not, either directly, or indirectly, act as your real estate agent or broker, contracting agent or other representative. Regardless of whether or not you have entered into a Broker Agreement, as a Buyer, you agree that the Seller will require you to enter into a contract and/or Purchase and Sale Agreement with the Seller in order to purchase a Property that the Seller has listed and you agree to accept any term, conditions, rules and restrictions imposed by the Seller. You acknowledge and agree that you, and not Resivoir, will be responsible for performing the obligations of any contracts with the Seller, and that Resivoir is not a party to such contracts or Purchase and Sale Agreements and disclaims all liability arising from or related to such contracts.
Financial Terms between Resivoir and Buyers At the time you decide to purchase a Property included in a Listing, you agree to pay Resivoir a marketplace fee (“Marketplace Fee”) as described in terms, which we will make available prior to you entering into a Purchase and Sale Agreement with the Seller for a Property. After Resivoir has successfully processed your payment of the Marketplace Fee, Resivoir will remove the Listing for the applicable Property from the marketplace in the Services so that other Users will not be able to purchase that Property. Resivoir will also send you an agreement that governs the sale of the property for you to execute (“Purchase and Sale Agreement”) within 24 hours after the payment of Marketplace Fee. If you do not execute the Purchase and Sale Agreement with the Seller within 24 hours after receiving the Purchase and Sale Agreement, Resivoir will reinstate the Listing for the applicable Property to the marketplace in the Services so that other Users will be able to view and purchase the Property.
Any Marketplace Fee paid by you is final and non-refundable, unless the Seller is unable to fulfill Seller’s obligations under the Purchase and Sale Agreement. If the Seller is unable to meet the required obligations under the Purchase and Sale Agreement and other obligations required by applicable law, the Marketplace Fee will be refunded to your account.
Resivoir may from time to time recommend, feature, certify or refer you to certain third-party property managers or management companies (“Featured Property Manager”) for the management of the Property you purchase. You are free to use or engage such property managers in your sole discretion and any decision to do so shall be at your own risk. Resivoir does not warrant or guarantee the performance or services provided by your property managers and you shall look solely to your property managers for recourse in the event of any failure to perform or damages caused by such property managers.
To the extent you decide to engage a Featured Property Manager, such property manager and you shall execute Resivoir’s then-current Standard Addendum to Management Agreement (“Management Addendum”). In connection with the Management Addendum you hereby consent and authorize your property manager to provide Resivoir with all reports and information requests relating to your Property, including monthly financial information and portfolio level data, for the purpose of allowing Resivoir to evaluate asset performance for Properties purchased via the Resivoir platform and to use such data and combine it with other data in aggregate form maintained or used by Resivoir.
Content and Content Rights
For purposes of these Terms: (i) “Content” means data, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or materials that are posted, generated, provided or otherwise made available through the Services, including Additional Property Information; and (ii) “User Content” means any Content that Users (including you) provide to be made available through the Services, including Listings posted by Sellers. Content includes without limitation User Content.
Resivoir does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Resivoir and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
You hereby grant to Resivoir a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to (i) use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services to you and to other Users; and (ii) to use copy and store any content we obtain from your property manager.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Resivoir on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content, including a Listing, by specifically deleting it, via the functionality of the Services. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Resivoir Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Resivoir
Subject to your compliance with these Terms, Resivoir hereby grants you a non-commercial, limited, non-exclusive, non-transferable, non-sublicensable license to access, view and print the Content solely in connection with a Permitted Use of the Services. A “Permitted Use” means any use of Content in connection with the Resivoir Services, excluding prohibited activity under the General Prohibitions provisions below or use of analytics data, made available to you via the Services, for commercial purposes, independent of the Services.
In addition, you acknowledge and agree that Resivoir may generate a rendering of Properties based on the User Content (“Resivoir 3D”). Resivoir may modify the Resivoir 3D in order to remove identifiable images, e.g. identifiable people and identifiable personal belongings from the rendering. Resivoir 3D is Content owned by Resivoir. You acknowledge and agree that Resivoir 3D is provided to Users as part of the Services to assist viewing of Properties and while Resivoir makes diligent efforts to make this Content accurate, (i) there may be measurement inaccuracies with respect to the Resivoir 3D; and (ii) your access and use of the Resivoir 3D is at your own risk and Resivoir disclaims all liability relating to any inaccuracies.
Third Party Content
We may display Content that is owned by a third party or licensed to us by a third party (“Third-Party Content”). For example, we may display lending rates that are offered by a third party; even if Resivoir displays lending rates via the Services, Resivoir is not a money lender and does not accept, review or process applications for loans. Resivoir does not claim any ownership rights in the Third-Party Content. We provide the Third-Party Content only as a convenience and you shall not publish or distribute any of the Third Party Content. Our provision of the Third-Party Content does not mean that we have endorsed the third parties or the Third-Party Content that they have provided. Your use of the Third-Party Content is at your own risk and Resivoir disclaims all liability relating to your interaction with the Third-Party Content or the applicable third parties. Resivoir may share personally identifiable information you provide to us via the Services and financial and other information we have about you with third-parties so that the third parties may personalize the Third-Party Content that they provide to you. We will comply with applicable legal requirements, including requirements to obtain your consent before we share such information with third parties, in connection with how we share this information.
You agree not to do any of the following:
- Post, upload, publish, submit, or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services or any individual element within the Services, Resivoir’s name, any Resivoir trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Resivoir’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Resivoir’s computer systems, or the technical delivery systems of Resivoir’s providers;
- Attempt to probe, scan, or test the vulnerability of any Resivoir system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Resivoir or any of Resivoir’s providers or any other third party including another user to protect the Services or Content;
- Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism including spiders, robots, crawlers, data mining tools or the like other than the software and/or search agents provided by Resivoir or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Resivoir trademark, logo URL or product name without Resivoir’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Copy, modify or create derivative works based on the Content and Services, other than your own User Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other Users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Publish or distribute any Content or Third Party Content without the prior written consent of Resivoir or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services to ensure compliance with these Terms; and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Resivoir respects copyright law and expects its Users to do the same. It is Resivoir’s policy to terminate access in appropriate circumstances to Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. It is Resivoir’s policy to handle copyright infringement claims by Users and third parties in accordance with the Digital Millennium Copyright Act (“DMCA”).
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources, including Third-Party Content as described above. We provide these links as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services for any reason or no reason, in our sole discretion, at any time and without prior notice to you. You may also cancel your Account at any time by sending an email to us at [email protected] Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions will survive, Contract with Buyers, Contract with Sellers, Warranty Disclaimers, Indemnity, Limitations of Liability, and Dispute Resolution Provisions, and any other provisions which by their sense and context are intended to survive.
WE MAKE NO WARRANTY AS TO THE QUALITY OR ACCURACY OF THE LISTINGS OR SERVICES OR THE QUALITY OF THE PROPERTIES, AND IDENTITY, CHARACTER OR CONDUCT OF BUYERS AND SELLERS AND ASSUME NO RESONSIBILITY FOR A BUYER’S OR SELLER’S COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH USERS WITH WHOM YOU COMMUNICATE OR INTERACT, AS A RESULT OF YOUR USE OF THE SERVICES – PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. Resivoir EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY BUYER, SELLER, OR OTHER THIRD PARTY.
You will indemnify, defend and hold harmless Resivoir and its officers, directors, employees and agents, from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services (ii) your User Content; (iii) your violation of these Terms; (iv) your non-compliance with applicable law in connection with your posting of Listings and sale of Properties if you are a Seller, or your purchase of Properties if you are a Buyer; or (v) the acts or omissions of your third party property manager, real estate broker, agent, lender, or title or escrow company.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY CONTACT YOU HAVE WITH BUYERS, IF YOU ARE A SELLER, OR ANY CONTACT YOU HAVE WITH SELLERS IF YOU ARE A BUYER, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.
NEITHER Resivoir NOR ANY Resivoir ENTITY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Resivoir HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT TO THE EXTENT OF THE Resivoir GUARANTEE (AS SET FORTH IN THE PARAGRAPH ENTITLED “THE Resivoir GUARANTEE”) OR (A) A CLAIM ARISING OUT OF THE PLATFORM SERVICES, OR (B) ANY THIRD PARTY CONTENT POSTED ON OUR SITE (IN WHICH CASES OUR LIABILITY FOR (A) AND (B) SHALL NOT EXCEED $100), IN NO EVENT WILL Resivoir’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNT OF Resivoir’S MARKETPLACE FEES IF YOU ARE A BUYER, OR IF YOU ARE A SELLER, THE AMOUNT OF Resivoir’S SALES COMMISSION FOR THE APPLICABLE LISTED PROPERTY.
THE LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, OR ARE HEREBY MODIFIED TO ADHERE TO THE LAW OF SUCH JURISDICTIONS.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Resivoir AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
ARBITRATION OF DISPUTES
YOU AND Resivoir AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE PROVISION OR USE OF THE SERVICES OR CONTENT (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT YOU AND Resivoir RETAIN THE RIGHT: (I) TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT; AND (II) TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS (THE ACTION DESCRIBED IN THE FOREGOING CLAUSE (II),( AN “IP PROTECTION ACTION”). WITHOUT LIMITING THE PRECEDING SENTENCE, YOU WILL ALSO HAVE THE RIGHT TO LITIGATE ANY OTHER DISPUTE IF YOU PROVIDE Resivoir WITH WRITTEN NOTICE OF YOUR DESIRE TO DO SO BY EMAIL OR REGULAR MAIL AT [email protected] WITHIN THIRTY (30) DAYS FOLLOWING THE DATE YOU FIRST ACCEPTED THESE TERMS (SUCH NOTICE, AN “ARBITRATION OPT-OUT NOTICE”). IF YOU DON’T PROVIDE Resivoir WITH AN ARBITRATION OPT-OUT NOTICE WITHIN THE THIRTY (30) DAY PERIOD, YOU WILL BE DEEMED TO HAVE KNOWINGLY AND INTENTIONALLY WAIVED YOUR RIGHT TO LITIGATE ANY DISPUTE EXCEPT AS EXPRESSLY SET FORTH IN CLAUSES (I) AND (II) ABOVE. THE EXCLUSIVE JURISDICTION AND VENUE OF ANY IP PROTECTION ACTION OR, IF YOU TIMELY PROVIDE Resivoir WITH AN ARBITRATION OPT-OUT NOTICE, WILL BE THE STATE AND FEDERAL COURTS LOCATED IN THE NORTHERN DISTRICT OF CALIFORNIA AND EACH OF THE PARTIES HERETO WAIVES ANY OBJECTION TO JURISDICTION AND VENUE IN SUCH COURTS. UNLESS YOU TIMELY PROVIDE Resivoir WITH AN ARBITRATION OPT-OUT NOTICE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND Resivoir ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND Resivoir OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. IF THIS SPECIFIC PARAGRAPH IS HELD UNENFORCEABLE, THEN THE ENTIRETY OF THIS “DISPUTE RESOLUTION” SECTION WILL BE DEEMED VOID. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, THIS “DISPUTE RESOLUTION” SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS.
THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “AAA RULES”) THEN IN EFFECT, EXCEPT AS MODIFIED BY THIS “DISPUTE RESOLUTION” SECTION. (THE AAA RULES ARE CURRENTLY AVAILABLE AT WWW.ADR.ORG/ARB_MED OR BY CALLING THE AAA AT 1-800-778-7879.) THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION.
A PARTY WHO DESIRES TO INITIATE ARBITRATION MUST PROVIDE THE OTHER PARTY WITH A WRITTEN DEMAND FOR ARBITRATION AS SPECIFIED IN THE AAA RULES. (THE AAA PROVIDES A GENERAL DEMAND FOR ARBITRATION AND A SEPARATE DEMAND FOR ARBITRATION FOR CALIFORNIA RESIDENTS.) THE ARBITRATOR WILL BE EITHER A RETIRED JUDGE OR AN ATTORNEY LICENSED TO PRACTICE LAW AND WILL BE SELECTED BY THE PARTIES FROM THE AAA’S ROSTER OF ARBITRATORS. IF THE PARTIES ARE UNABLE TO AGREE UPON AN ARBITRATOR WITHIN TEN (10) DAYS OF DELIVERY OF THE DEMAND FOR ARBITRATION, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT THE ARBITRATOR IN ACCORDANCE WITH THE AAA RULES.
ARBITRATION LOCATION AND PROCEDURE
UNLESS YOU AND Resivoir OTHERWISE AGREE, THE ARBITRATION WILL BE CONDUCTED IN THE COUNTY OR STATE WHERE YOU RESIDE. IF YOUR CLAIM DOES NOT EXCEED $10,000, THEN THE ARBITRATION WILL BE CONDUCTED SOLELY ON THE BASIS OF THE DOCUMENTS THAT YOU AND Resivoir SUBMIT TO THE ARBITRATOR; UNLESS YOU REQUEST A HEARING OR THE ARBITRATOR DETERMINES THAT A HEARING IS NECESSARY. IF YOUR CLAIM EXCEEDS $10,000, YOUR RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES. SUBJECT TO THE AAA RULES, THE ARBITRATOR WILL HAVE THE DISCRETION TO DIRECT A REASONABLE EXCHANGE OF INFORMATION BY THE PARTIES, CONSISTENT WITH THE EXPEDITED NATURE OF THE ARBITRATION.
THE ARBITRATOR WILL RENDER A FINAL AND BINDING AWARD WITHIN THE TIME FRAME SPECIFIED IN THE AAA RULES. THE ARBITRATOR’S DECISION WILL INCLUDE THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR BASED THE AWARD. JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR’S AWARD OF DAMAGES MUST BE CONSISTENT WITH THE TERMS OF THE “LIMITATION OF LIABILITY” PROVISIONS ABOVE AS TO THE TYPES AND AMOUNTS OF DAMAGES FOR WHICH A PARTY MAY BE HELD LIABLE. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE CLAIMANT’S INDIVIDUAL CLAIM. IF YOU ARE THE PREVAILING PARTY OR THE MORE PREVAILING PARTY IN ARBITRATION, YOU WILL BE ENTITLED TO AN AWARD OF ATTORNEYS’ FEES AND EXPENSES, TO THE EXTENT PROVIDED UNDER APPLICABLE LAW. Resivoir WILL NOT SEEK, AND HEREBY WAIVES ALL RIGHTS IT MAY HAVE UNDER APPLICABLE LAW TO RECOVER, ATTORNEYS’ FEES AND EXPENSES, IF IT PREVAILS IN ARBITRATION.
YOUR RESPONSIBILITY TO PAY ANY AAA FILING, ADMINISTRATIVE AND ARBITRATOR FEES WILL BE SOLELY AS SET FORTH IN THE AAA RULES.
NOTWITHSTANDING THE PROVISIONS OF THE “CHANGES TO TERMS OR SERVICES” SECTION ABOVE, IF Resivoir CHANGES THIS “ARBITRATION OF DISPUTES” SECTION AFTER THE DATE YOU FIRST ACCEPTED THESE TERMS (OR ACCEPTED ANY SUBSEQUENT CHANGES TO THESE TERMS), YOU MAY REJECT ANY SUCH CHANGE BY SENDING US WRITTEN NOTICE (INCLUDING BY EMAIL TO [email protected]) WITHIN 30 DAYS OF THE DATE SUCH CHANGE BECAME EFFECTIVE, AS INDICATED IN THE “LAST UPDATED” DATE NOTED AT THE BEGINNING OF THIS DOCUMENT OR IN THE DATE OF Resivoir’S EMAIL TO YOU NOTIFYING YOU OF SUCH CHANGE. BY REJECTING ANY CHANGE, YOU ARE AGREEING THAT YOU WILL ARBITRATE ANY DISPUTE BETWEEN YOU AND Resivoir IN ACCORDANCE WITH THE PROVISIONS OF THIS “DISPUTE RESOLUTION” SECTION AS OF THE DATE YOU FIRST ACCEPTED THESE TERMS (OR ACCEPTED ANY SUBSEQUENT CHANGES TO THESE TERMS).
These Terms constitute the entire and exclusive understanding and agreement between Resivoir and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Resivoir and you regarding the Services. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Resivoir’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Resivoir may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Resivoir under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Resivoir’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Resivoir. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Resivoir at [email protected]