Terms and Conditions of Use for www.edsregistration.com
PLEASE READ THIS POLICY CAREFULLY. PRESSING AGREE BELOW AFFECTS YOURS RIGHTS AND REMEDIES UNDER FEDERAL AND STATE LAW.
These Terms and Conditions of Use (the "Terms and Conditions") are for www.edsregistration.com, a website owned and operated by Event Data Solutions, Inc., a Texas Corporation (“Event Data Solutions”).
You agree that your use of the Web site is subject to the following Terms and Conditions. These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page for your convenience. Continued access to the web site by you will constitute your acceptance of any changes or revisions to the Agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
The materials contained on the Web site are provided by Event Data Solutions as a service to you on an "as is, as available" basis and may be used by you for information purposes only. You acknowledge that you are using the Web site at your own risk. Event Data Solutions assumes no responsibility for error or omissions in these materials. Event Data Solutions makes no commitment to update the information contained herein. Event Data Solutions makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Event Data Solutions Web site, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Web site, or that the Web site will be uninterrupted, error-free, or free of viruses or other harmful components. Under no circumstances shall Event Data Solutions or any of its parents, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Web site.
Event Data Solutions, provides users an opportunity to post content to the Web site. This includes ratings and reviews posted by users. Event Data Solutions does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. You shall not post or transmit any unlawful threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate and local, state, national, or international law, or infringe upon another's copyright or trademark. You understand that all information, data, text, software, music, sound, photographs, video, messages, or other materials posted or transmitted to Event Data Solutions, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not Event Data Solutions, are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the Web site. Event Data Solutions does not and cannot review the content posted by users and is not responsible for such content. However, Event Data Solutions shall have the right, but not the obligation, to delete, move, or edit any content that violates this agreement or is otherwise objectionable as determined by Event Data Solutions in its sole discretion and without notice.
Event Data Solutions understands that users may connect and form contracts based on information received from its website. However, Event Data Solutions is not a party of any contract formed on this website by users or other parties.
If you upload, post, or otherwise transmit content to the Web site, you acknowledge that any such submissions may be edited, removed, modified, published, transmitted, and displayed by Event Data Solutions in any medium now existing or hereinafter invented, and for any purpose, including commercial uses. You waive any moral rights you may have in having the material edited, removed, modified, published, transmitted, or displayed in a manner not agreeable to you.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Event Data Solutions a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.
Event Data Solutions will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Event Data Solutions liable for any of the consequences of such interruptions.
You agree to indemnify Event Data Solutions and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained from the Web site, from your breach of these Terms and Conditions, and from any such acts arising through your use of the Web site.
You understand and agree that Event Data Solutions does not control or set ratings and reviews of you or other users. By registering and using this website you are consenting to have known and unknown users post comments about you and rate your contribution to the website. You expressly waive any rights to defamation, invasion of privacy or other similar cause of action that may accrue do to use to this website. This waiver is effective for any cause of action against Event Data Solutions, its owners, employees, users, officers and directors.
You agree that any claim, action, or proceeding arising out of these Terms and Conditions, or your use of the Web site, shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Texas. Venue will only be proper from an action arising from this transaction in court of competent jurisdiction in Travis County, Texas. In addition, you agree to submit to the personal jurisdiction of such courts.
YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
This agreement is effective until terminated by Event Data Solutions, at any time without notice. In the event of termination, you are no longer authorized to access the website and the restrictions imposed on you with respect to material downloaded from the website, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REALTY LIFELINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. REALTY LIFELINE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Notices and procedure for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.
Written notification must be submitted to the following Designated Agent:
Event Data Solutions, Inc. 102 Olympic Drive, Pflugerville, TX 78660.
Name of Agent designated to receive Notification of claimed infringement: Mark Roberts
Telephone Number of Designated Agent: 512 -dash- xxx -dash- xxx
Facsimile Number of Designated Agent: 512 -dash- xxx -dash- xxx
Email Address of Designated Agent: firstname.lastname@example.org ( include “ATTN Legal Copyright” in the subject line)
To be effective, the Notification must include the following:
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
Communications to the above address is only effective for copyright notifications. Other communications should not be directed to the above address and no response may be forthcoming for non-related communications.
You agree that all notices (except for notices concerning breach of this Agreement) from Event Data Solutions to You may be posted on our Web site. Notices concerning breach will be sent either to the e-mail or postal address You have on file with Event Data Solutions. In either case, delivery shall be deemed to have been made five (5) days after the date sent regardless when delivery actually occurs.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
The failure of Event Data Solutions to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Event Data Solutions thereafter to enforce such provisions.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
This document was last modified September 1, 2008.
Except as limited below, Event Data Solutions reserves the right to use or disclose your personally identifiable information for business reasons in whatever manner desired.
What information does Event Data Solutions collect?
Event Data Solutions has several features that automatically collect information from users of our service (i.e. cookies, action tags, and other data collection methods), and Event Data Solutions has several areas where you can submit information (i.e. registration and public areas).
Why does Event Data Solutions collect personal information?
The Event Data Solutions website is a Web-based marketplace that directly connects realtors and other real estate professionals (collectively "Registered Users"). Event Data Solutions is the sole owner of the information collected on this website. Event Data Solutions will provide the personal identifying information of registered users to other registered users, with the identified registered user's consent, in connection with facilitating a possible working relationship between registered users.
In addition to providing you with a more personalized online experience, Event Data Solutions uses your personal information to present a wider range of products and services with convenient access to you. Event Data Solutions may occasionally include information from other companies concerning products and services that would be beneficial to your renovation needs. Event Data Solutions also uses your personal information to keep you abreast of new products, promotions, offers, contests, and any other information Event Data Solutions believes might better serve you.
When does Event Data Solutions disclose personal information?
Except as limited herein, Event Data Solutions reserves the right to use or disclose your personally identifiable information for business reasons in whatever manner desired. At times, Event Data Solutions may be required to release your personal information in accordance with the law or legal process. Event Data Solutions may disclose information about you if Event Data Solutions believes such disclosure is fundamental for the public interest. Your personal information may be shared with third parties who provide services to Event Data Solutions. Where Event Data Solutions believes it important, and at Event Data Solutions’s sole discretion, we will ask our agents not to disclose or share your personal information for purposes other than to provide services to you or Event Data Solutions.
Maintaining your right to privacy is important to Event Data Solutions. Event Data Solutions will not sell your personal information to commercial entities, advertisers, etc.
How we protect your personal information is safeguarded through the use of Event Data Solutions’s managerial procedures, as well as physical and electronic procedures to protect security.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of Event Data Solutions’s features and services may not function properly if your cookies are disabled.
Can I Opt-Out From Receiving Communications From Event Data Solutions?
We provide you the opportunity to opt-out of having your Personal Information used for certain purposes. For example, when you register, if you do not wish to receive any additional marketing material from us, you can indicate your preference before submitting the form.
If you no longer wish to receive our newsletters and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by e-mailing us at email@example.com. If you need assistance you may contact us at firstname.lastname@example.org; or via mail sent to:
ATTN: Customer Service
Event Data Solutions, Inc.
102 Olympic Drive
Plugerville, TX 78660
What about Children's Privacy?
Event Data Solutions services are intended for users ages 17 and older only. Accordingly, we will not knowingly collect or use any personal information from children that we know to be under the age of 17. In addition, we will delete any information in our database that we know originates from a child under the age of 17.
Feedback and Information
Any feedback you provide at this site is non-confidential. Event Data Solutions is free to use such information on an unrestricted basis.
About Event Data Solutions’s hosting
Our web sites and services are hosted in the United States and are ultimately governed by the laws of the United States. If you live outside of the United States please understand that you are transferring your personal information to the United States and you consent to that transfer.
This document was last modified October 1, 2008.