Welcome to eRealInvestor.com!
1.Nature of the Site and Services. ERealInvestor is neither a real estate investment advisory service nor a real estate investment advisor. We do not purport to tell people, or suggest to people, what property they should buy or sell for themselves or for others for commercial or non-commercial purposes.
Users should always check with their licensed financial advisor, including their tax advisor, to determine the suitability of any investment. ERealInvestor recommends that anyone investing in real estate should do so with caution, and users are advised to consult with their broker, other financial representatives, or legal advisors, as appropriate. All users are encouraged to fully investigate any property before making an investment and to complete their own due diligence in any investment. Neither ERealInvestor nor anyone affiliated with ERealInvestor is responsible for any investment decision made whether or not the decision is made in reliance on any information provided as a result of access to the Site or Services, and you use the Site or Services at your own risk.
The information contained within this site is the property of ERealInvestor. While we strive to present accurate and useful information, ERealInvestor makes no guarantee of accuracy or completeness. All information and opinions expressed herein are subject to change without notice. Opinions and recommendations contained herein should not be construed as investment advice. Do not assume that any recommendations, insights, charts, theories, or philosophies are accurate or will ensure profitable investment.
3. Membership and Account Access.
3.1 In order to access many of the Services on the Site, you must register as a "ERealInvestor Member" (the "Membership"). Membership is available to persons who are at least 18 years of age or are otherwise capable of forming legally binding contracts under applicable law. During registration, you will create a user name and password (your "Account"), which may permit you access to certain secure areas of the Site only available to ERealInvestor Members.
3.3 If you become a ERealInvestor Member, you will provide true, accurate and complete registration information and shall maintain as current and promptly update relevant personal contact information provided to ERealInvestor. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
4. Use of the Site. You may use certain areas of the Site and the Services without becoming a ERealInvestor member, such as accessing and viewing information on the Site. In using or accessing the Site, whether as a Member or non-Member, you agree to comply with the following:
(b) You may download or print hard copies of the Site or portions thereof, but only in connection with your own personal, non-commercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice: "Copyright (c) 2007 ERealInvestor, LLC. All rights reserved." Notwithstanding the foregoing, except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, license, perform, reproduce, post, publish, distribute, transmit, submit or otherwise make available the Site or Services without the prior express written authorization from ERealInvestor or the applicable copyright owner.
(c) You are solely responsible for, and will exercise caution, discretion, common sense and judgment in using and accessing the Site and Services contained therein. You acknowledge and agree that ERealInvestor has no responsibility to control or monitor any content posted to the Site and Services and, as a result, does not manage, control, guarantee, nor is responsible for, the truth, accuracy, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of such content. ERealInvestor reserves the right to remove any content at any time without notice.
(d) ERealInvestor has the right, at any time without notice, to revoke or limit your right to use the Site and Services and to restrict or prevent your access to it (or any portion of it). ERealInvestor has not obligation to update the Site or Services or to correct any errors or omissions that might be contained in it.
(e) If you become a ERealInvestor Member, you may upload, email, post, publish, transmit or otherwise submit content to the Site as available - for example, in a discussion group, chat area, bulletin board, feedback area, newsgroup, letter to ERealInvestor, its webmaster or employees, or email function - if it is offered as part of the Site or Services. You represent and warrant to ERealInvestor that you are the sole and exclusive owner of such submitted content, or that you have all right and authority to grant the rights in such content to ERealInvestor as described herein.
(h) You will not attempt to obtain any information or materials relating to the Site or Services through any means not intentionally made available through the Site or Services, or attempt to gain unauthorized access to ERealInvestor's database, technology, computer systems or networks associated with the Site or Services. You will not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any technology applications or software programs used by ERealInvestor in connection with the Site or Services, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the Site or Services. You will not upload or cause the Site to have access to anything that contains software viruses or any other computer code, files or programs designed to nterrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You may not use any automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site or Services - unless expressly permitted by ERealInvestor.
(j) You acknowledge, agree and accept that: (i) the Site or Services may be provided to you by ERealInvestor or its affiliates, distribution partners or third-party service providers; (ii) your content may be included on the websites of ERealInvestor's affiliates, distribution partners or third-party service providers, in addition to, or instead of, those websites and those of ERealInvestor; and (iii) there is no guarantee that your content will be included on the Site or other website of ERealInvestor or a ERealInvestor affiliate, distribution partner or third-party service provider and ERealInvestor and its affiliates, distribution partners or third-party service providers bear no liability relating to such exclusion.
(k) You understand and agree that, as stated above, neither ERealInvestornor any ERealInvestor affiliate or authorized party intends, or will be required, to edit or review for accuracy, ownership or appropriateness any content submitted by you. However, you agree that all content may,be subject to ERealInvestor's approval. ERealInvestor reserves the, right, at any time, to reject, suspend, cancel or remove your content, to assign new search terms to any such content, or to refuse to provide access thereto. ERealInvestor, its employees, consultants and other agents shall have no liability for taking such actions or decisions.
(l) ERealInvestor does not refer, endorse, recommend, verify, evaluate or guarantee any information or content provided by users or ERealInvestor Members, any specific ERealInvestor Member or any content, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any information, ERealInvestor Member or content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, containing or suggesting an endorsement by ERealInvestor of you or your content. ERealInvestor reserves the right to warn, suspend or terminate at any time and without notice your access to or use of the Site or Services if ERealInvestor determines, in its sole discretion, that you are transmitting or otherwise connected with such prohibited endorsement.
YOU SHALL NOT USE THE SITE OR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
ERealInvestor provides the Site and Services as a service to our users. ERealInvestor does not monitor, supervise or control content posted or stored on its servers at the direction of its ERealInvestor Members, users or partners, nor does it control or supervise the content of pages that are accessed via third party links. You are responsible for complying with all applicable federal and state laws, including, without limitation, the copyright laws.
ERealInvestor has adopted and implemented a policy pursuant to which ERealInvestor may terminate a ERealInvestor Member's Account, or deny access to the Site or Services by a user, who infringes or is believed to be infringing, a copyright or other intellectual property right. In addition, ERealInvestor reserves the right to remove, or disable access to, infringing material.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), ERealInvestor will respond expeditiously to claims of copyright infringement that are reported to ERealInvestor's "Designated Copyright Agent" identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to ERealInvestor by providing ERealInvestor's Copyright Agent listed below with the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ERealInvestor to locate the material;
(iv) Information reasonably sufficient to permit ERealInvestor to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All claims of copyright infringement on or regarding this Site should be delivered to ERealInvestor's "Designated Copyright Agent" at the following address:
ERealInvestor, Inc. / Business Filings Incorporated
2295 Gateway Oaks Dr., Ste. 185
Sacramento, California 95833
7.Use of Third Party Services. The Site and Services may contain information, products, and services, provided by third parties and links (including advertisements) to web sites made available by third parties ("Third-Party Offerings"). This information and these products, services, and links are provided only as a convenience to users of the Site. ERealInvestor does not control these Third-Party Offerings and does not made any representations or warranties, express or implied, regarding these Third-Party Offerings. Including of any of the Third-Party Offerings on this Site or as part of the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with ERealInvestor with respect to any third party or its Third-Party Offerings.
9. Disclaimers. YOU EXPRESSLY AGREE THAT YOUR USE OF OR INTERACTION WITH THE SITE, SERVICES, THIRD-PARTY OFFERINGS, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE OR SERVICES, IS AT YOUR OWN RISK AND AT YOUR OWN DISCRETION. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, SERVICES, THIRD-PARTY OFFERINGS, INFORMATION, AND OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE, INCLUDING ALL EREALINVESTOR INDICES, SEARCH ENGINES AND YOUR USE THEREOF, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EREALINVESTOR NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THIS SITE MADE ON THE CHATROOMS, DISCUSSION BOARDS, USER POSTINGS, AND THE LIKE BY ANYONE OTHER THAN AUTHORIZED EREALINVESTOR EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL EREALINVESTOR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS SITE AND/OR THROUGH THE SERVICES. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS SITE AND/OR THROUGH THE SERVICES.
EREALINVESTOR DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION THAT RESULTS FROM THE USE OF THE SITE, SERVICES, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE AND SERVICES. USER SPECIFICALLY ACKNOWLEDGES THAT EREALINVESTOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, MEMBERS, OR OTHER USERS OF THE CHATROOMS, BULLETUN BOARDS, USER POSTIONS, AND THE LIKE AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH USER. Some jurisdictions do not allow the exclusion of warranties, so some of the above exclusions may not apply to you.
If you suffer any harm arising out of or connected with your access or use to the Site and Services, you hereby waive all claims against and release ERealInvestor from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site or Services or with regard to such disputes. If you are a California resident, you waive and relinquish your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations waive their rights under analogous laws, statutes or regulations.
You agree that ERealInvestor shall have the right, in its sole discretion, to select its own legal counsel to defend ERealInvestor from any such claim (but by doing so shall not excuse your indemnity obligations) and that you shall be solely responsible for the payment of all ERealInvestor's reasonable attorneys' fees incurred in connection therewith.
12. Term & Termination.
12.2 You may terminate your account with us or cancel your Membership at any time and for any reason by sending an email to unsubscribe@eRealInvestor.com.
13. Miscellaneous Provisions.
13.4 Force Majeure. ERealInvestor shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers, or failure at ERealInvestor's co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, ERealInvestor will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
13.7 Note About Children. To become a ERealInvestor Member or use the Site and Services you must be at least eighteen (18) years old and otherwise capable of forming legally binding contracts under applicable law. If you are under eighteen (18), please do not use the Site or Services.
13.8 Notice. Any notice or other communication to be given hereunder will be in writing and given (a) by ERealInvestor via email (in each case to the address that you provide), (b) by ERealInvestor posting on the Site, or (c) by you via email to contact@eRealInvestor.com or to such other addresses as ERealInvestor may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.
13.9 Feedback. Your feedback is welcome and encouraged. You may submit feedback by emailing us at contact@eRealInvestor.com. You agree, however, that (i) by submitting unsolicited ideas to ERealInvestor or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to ERealInvestor or any of its employees or representatives automatically become the property of ERealInvestor. You hereby assign and agree to assign all rights, title and interest you have in an such feedback and ideas to ERealInvestor together with all intellectual property rights therein.
If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to ERealInvestor, its employees or assigns. Instead, please send an email to contact@eRealInvestor.com and describe ONLY the general application. If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by ERealInvestor in order to evaluate your concept(s).