TERMS OF USE POLICY
Effective date: August 1, 2009
1.Overview and Legal Compliance
2.Unauthorized Use of the Site
3.Permitted Use of the Site
4.Copyright Information
5.Trademarks/Service Mark Information
6.No Agency
7.Disclaimer
8.Liability Limit
9.Indemnity
10.Notices
11.Entire Agreement
12.Force Majeure
13.Legal Actions
14.Severability
15.No Waiver
16.No Assignment
1. Overview and Legal Compliance 1.1 Real Estate One, Inc. and its subsidiaries and affiliates ("Real
Estate One", "REO", "We," "Us" or "Our") created this Terms and Conditions of Use Agreement (the "Terms
of Use") to clarify how visitors to Our home page located at www.realestateone.com (the "Web Site") may
use this site. 1.2 The following agreement describes the terms on which We permit use of the Web Site.
These Terms of Use govern all use of the Web Site and apply to all Internet traffic visiting the Web Site
(called "Users" or "You"). Before using the Web Site, please read all of these Terms of Use carefully as
Your use of the Web Site constitutes Your acceptance of these Terms of Use. If You do not agree to these
terms, You may not use the Web Site. 1.3 We may amend these Terms of Use at any time. Except as
stated below, all amended terms are effective automatically when they are posted on the Web Site. You
should check the Web Site frequently for changes to these Terms of Use. These Terms of Use may not be
amended in any other way except in writing signed by You and Us. 1.4 This policy does not extend to any
information that is inherent in the operation of the Internet, and therefore beyond Our control. You agree
not to use the Web Site in any manner contrary to applicable law or government regulation. 1.5 You agree
not to transmit or post on the Web Site anything i. under a false name; ii. unlawful, libelous, defamatory,
threatening, abusive, harassing, or otherwise objectionable information including without limitation, anything
constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or
otherwise under any applicable law; iii. that discloses another person's private or personal matters or which
would violate a person's rights of privacy or publicity; iv. that contains a virus, worm, Trojan horse or any
other contaminating or destructive features; or v. that would violate the property rights of others, including
unauthorized copyrighted text, images or programs, trade secrets, confidential or proprietary information,
or use trademarks or service marks in an infringing fashion. 2. Unauthorized Use of the Site 2.1 Illegal
and/or unauthorized used of the Web Site, including but not limited to, unauthorized framing of or linking to
the Web Site, or any part of the Web Site, or unauthorized use of any devise or program on the Web Site,
will be investigated and We will take appropriate legal action, including but not limited to, civil, criminal,
and/or injunctive redress. 3. Permitted Use of the Site 3.1 You agree that You are only authorized to visit,
view and to retain a copy of pages of this Site for Your own personal use, and that You shall not duplicate,
download, publish, modify or otherwise distribute the material on this Site for any purpose other than Your
personal use, unless otherwise specifically authorized by Us to do so. You also agree not to deep-link to
the site for any purpose, unless specifically authorized by US to do so. The content and software on this
Site is the property of Real Estate One and/or its suppliers and is protected by state, federal, and
international copyright laws. We post a legal notice and various credits on pages of the Site, which may not
be removed. Please do not remove these notices and credits, or any additional information contained along
with notices and credits. 4. Copyright Information 4.1 All content appearing on this Web Site is the
copyrighted property of Real Estate One unless otherwise noted. Reproduction or storage of materials
retrieved from this Web Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. You may not use,
distribute, reproduce, publish, transmit, transfer, sell, create derivative works from, or in any way exploit the
content, except for personal, noncommercial use, provided that You maintain all copyright and other
notices contained in the content. 5. Trademarks/Service Mark Information 5.1 Real Estate One, Real Estate
One 1st to Know, Max Broock Realtors, Johnstone & Johnstone, Relocation America, and Personal Perks
are trademarks and/or service marks of Real Estate One. Any other trademarks or service marks
appearing on this Web Site are the property of their respective owners. 6. No Agency 6.1 You and Real
Estate One are Independent Contractors and no agency, partnership, joint venture, employer-employee or
franchiser-franchisee relationship is intended or created by the Terms of Use. 7. Disclaimer 7.1 THE WEB
SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTIES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING THE QUALITY, PERFORMANCE, OR
FUNCTIONALITY OF THE WEB SITE OR REGARDING THE QUALITY OR ACCURACY OF ANY
INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE WEB SITE OR THAT THE WEB
SITE WILL BE UNINTERRUPTED OR ERROR-FREE. REAL ESTATE ONE MAKES NO WARRANTY THAT
ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE
WILL BE VIRUS-FREE. REAL ESTATE ONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MECHANTIBILITY, AND FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, REAL
ESTATE ONE'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 8. Liability Limit
8.1 UNDER NO CIRCUMSTANCES WILL REAL ESTATE ONE BE LIABLE UNDER ANY SECTION OF THESE
TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR
EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND
OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT REAL ESTATE ONE HAD
BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. REAL ESTATE ONE SHALL NOT
BE LIABLE FOR THE COST OF PROCUREMENT OR SUBSTITUTE GOODS, SERVICES, OR
TECHNOLOGY AND IN NO EVENT SHALL REAL ESTATE ONE'S LIABILITY TO YOU EXCEED THE
GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO REAL ESTATE ONE DURING THE NINETY
(90) DAYS IMMEDIATELY PRIOR TO DAMAGE OR (ii) ONE HUNDRED DOLLARS ($100.00). NO ACTION,
REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE MAY BE BROUGHT BY YOU OR
REAL ESTATE ONE MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF
ACTION HAS OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE
TERMS OF USE AND YOUR USE OF THE WEB SITE OR THE SERVICES PROVIDED THEREBY. IN
JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, REAL ESTATE ONE'S
LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL
APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 9.
Indemnity 9.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD REAL ESTATE ONE, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, LICENSEES, AFFILIATES,
DISTRIBUTORS, RESELLERS AND MARKETING REPRESENTATIVES HARMLESS FROM AND AGAINST
ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEY FEES AND COURT COSTS (COLLECTIVELY, THE "CLAIMS")
ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS OF USE OR USE BY
YOU OF THE WEB SITE, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM REAL
ESTATE ONE'S OWN NEGLIGENCE. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY
TERMINATION OF THESE TERMS OF USE OR OF THE WEB SITE OR THE SERVICES PROVIDED
THEREBY. 10. Notices 10.1 Except as explicitly stated otherwise, (i) all notices to Real Estate One shall be
made by postal mail to Real Estate One, 25800 Northwestern Hwy. Suite 100, Southfield, Michigan, 48075
Attn: Legal Department and (ii) all notices to You shall be made by postings to Our Web Site. Alternatively,
we may give you notice by sending an email to the email address You provided us when registering. In the
case of email, notice shall be deemed given 24 hours after email is sent, unless the sending party is
notified that the email address is invalid. In the case of postal mail, notice shall be deemed given 3 days
after the date of mailing. 11. Entire Agreement 11.1 These Terms of Use constitute the sole agreement
between Real Estate One and You regarding the subject matter contained herein and fully supersede any
and all other understandings or agreements, whether oral or written. You acknowledge and agree that You
have read and understand these Terms of Use and agree to be bound by them. 12. Force Majeure 12.1
Real Estate One will not be liable in any amount for failure to perform, or delay in performing, any
obligations, hereunder if such delay or failure is caused by any events beyond Our control including,
without limitation, acts of third parties, wars, hostilities, revolutions, riots, civil commotion, national
emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature,
explosions, embargo, or any other Act of God, unavailability, errors or other failures on the Internet, other
data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act
or order of any court, government or governmental agency or delays. 13. Legal Actions 13.1 These Terms
of Use will be governed by and construed in accordance with the laws of the State of Illinois, without regard
to its conflicts of laws provisions. The application of the United States Convention of Contracts for the
International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all
disputes arising out of these Terms of Use and your use of the Web Site and/or the services provided
thereby shall be the state and federal courts located within the State of Illinois and you consent to such
jurisdiction and waive all objections to such jurisdiction and venue. 14. Severability 14.1 If any provision of
these Terms of Use as such may exist or may hereafter be amended, is found to be invalid, illegal or
unenforceable for whatever reason, such provision shall be fully severable and the other remaining
provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or
unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or
unenforceable provision there shall be added automatically in its place a provision similar in its terms and
intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or
enforceable. 15. No Waiver 15.1 Any failure of Real Estate One to enforce any provision of these Terms of
Use shall not be construed a waiver of any rights under such provision or any other provision of the Terms
of Use. Real Estate One may only make such waiver by an express writing. 16. No Assignment 16.1 Any
rights or obligations granted to You hereunder may not be assigned or transferred to any other person or
entity. Note: These "Terms Of Use" also apply to these websites: http://www.maxbroock.com
http://www.johnstoneandjohnstone.com http://www.personalperks.net http://www.relocationamerica.com