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Terms and Conditions

Please read this information carefully before accessing or using the reoSource web site ("Site") that provides the services in relation to foreclosed properties of private lenders. reoSource, a division of First American REO Servicing (which is owned by The First American Corporation), ("we", "us" or "our") provides the information and services on this Site to all our users ("you" or "your") subject to the terms and conditions ("Terms and Conditions") of this document. Your access to or use of the Site is subject to and constitutes your agreement to all the terms and conditions of these documents. Your use of the Site is also subject to the additional disclaimers and caveats that may appear throughout the Site, including without limitation the terms and conditions of each listing found on the Site, as established by the seller and indicated by a link found on the page describing the property listed for sale. If you do not agree to any of the Terms and Conditions, you may not use the Site.

We may amend these Terms and Conditions at any time by posting the amended terms on our Site. Accordingly, you agree to review the Terms and Conditions periodically, and your continued access to or use of the Site shall be deemed your acceptance of the modified Terms and Conditions.

As used in these Terms and Conditions, the term "Seller" means the owner of a property listed on our Site, the term "Buyer" means the purchaser of a property listed on our Site and the term "Selling Agent" means a reoSource-registered agent placing an offer for a property listed on our Site.

1. Limitations of Use - You may not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. Information on the Site may be accessed, downloaded and printed for the purpose of facilitating real estate transactions. You may not copy, reproduce, alter, modify, distribute, license, display, publish, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from our Site, or publicly display any content from our Site without the prior written permission of reoSource and/or the appropriate third party. You agree that you will not use our Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party's use of the Site. Except with the prior written permission of reoSource, you agree to refrain from accessing or attempting to access secure or non-public areas of our Site. Individuals attempting unauthorized access to prohibited areas of the Site may be subject to prosecution.

2. Users - If and when requested by reoSource, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. It is a violation of law to make offers in a false name. Also, you warrant that you or your agent will not place an offer on your behalf unless you have and, upon request, can provide sufficient evidence of the financial ability to complete the purchase of a property upon which an offer is placed. You shall comply will all applicable laws, statutes, ordinances, and regulations regarding your use of our Site.

3. Properties - The Buyer is obligated to make any examinations or property inspections before placing an offer. There are no warranties, express or implied, by reoSource regarding properties listed on our Site. The purchase of properties on the Site is also subject to the specific terms and conditions of the Seller. Each Selling Agent is obligated to review the specific terms and conditions of the Seller and such Selling Agent's participation in the offer process constitutes an agreement to the terms and conditions of such process.

4. Offer Process - In order to participate in the offer process for one of the properties listed on the Site, agents must first register with us and, in some cases, with the Seller. See the Agent Registration Page for more information about registering to place offers on properties appearing on the Site.

reoSource assumes no responsibility for equipment failure in the electronic offer transmission. We will make every effort to maintain 100% system availability, except during scheduled maintenance periods. Should we experience any technical difficulties, we are not responsible for any offers that are not processed or accepted.

Submitting a false offer is a violation of law and can result in substantial personal legal risk. reoSource reserves the right to monitor offer activity to ensure a fair process and to reject any offer deemed to be made in bad faith, or that may be in violation of local laws or regulations. Without limiting any other remedies, reoSource may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation or otherwise) to have engaged in fraudulent activity in connection with your use of the Site.

5. Links to Third Party Sites - The Site may contain links to web sites operated by parties other than reoSource. Such links are provided for your reference only. reoSource does not control such web sites and is not responsible for their contents. reoSource's inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such web sites, including information, material, products and services therein, solely at your own risk.

6. Your Information.

Definition. "Your Information" is defined as any information you provide to us or other users in the registration, offer or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

Restrictions. Your Information (or any items listed): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation.

License. Solely to enable reoSource to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. reoSource will only use Your Information in accordance with our Privacy Policy.

7. Liability Disclaimer - The Site acts as a venue for Sellers to list properties and Buyers to place offers on properties. We are not involved in the actual transactions between Buyers and Sellers and assume no responsibility for actions or omissions of Buyers or Sellers.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING WITHOUT LIMITATION THE REOSOURCE CONTENT, AFFILIATE CONTENT AND PUBLIC CONTENT, PROVIDED BY REOSOURCE THROUGH THE SITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REOSOURCE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION. REOSOURCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. REOSOURCE (AND OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES AND EMPLOYEES) SHALL HAVE NO LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION, EVEN IF REOSOURCE OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

The information published on the Site may include inaccuracies or errors. While reoSource strives to keep the information on the Site accurate, complete and up-to-date, reoSource cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. Such information is provided without warranty of any kind. Any material downloaded or otherwise obtained through the use of the Site 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. You are responsible for taking all precautions necessary to ensure that any content you obtain from the Site is free of viruses or any other destructive programs or code.

8. Violation of Rules and Regulations - reoSource reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in these Terms and Conditions, including, without limitation, the right to block access from a particular Internet address to all or any portion of the Site. We also reserve the right to temporarily suspend or terminate your account in our sole discretion.

9. Indemnification - You agree to indemnify and hold harmless reoSource, our parent, subsidiaries, officers, directors, agents, affiliates, and employees from any claim, liability, loss, demand, or expense, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions.

10. Intellectual Property - All material on the Site are owned by reoSource. No reproduction, distribution or transmission of copyrighted materials at the Site is permitted without the prior written permission of reoSource. All rights not expressly granted herein are reserved.

11. Privacy - Click here to view our privacy guidelines. We may change our privacy guidelines at any time by posting the amended terms on our Site. Our privacy policy is hereby incorporated by reference.

12. Jurisdiction - You hereby consent to the exclusive jurisdiction and venue of courts sitting in the State of Colorado, County of Denver in all disputes arising out of or relating to the use of the Site. You waive any right you might otherwise have to a trial by jury in any dispute related to your use of the Site.

13. General - These Terms and Conditions shall be governed in all respects by and construed in accordance with the laws of the State of Colorado, without giving effect to principles of conflicts of law. You agree that this Agreement and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches.

Disclosures - The services hereunder are offered by reoSource located at 1670 Broadway Street, Suite 700, Denver, CO 80202. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.


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