Visitor’s Agreement and Acceptable Use Policy

Effective October 10, 2010

Welcome to The Real Estate IRA University’s website, a service offered by The Real Estate IRA University, together with its subsidiaries, affiliates, agents and licensors (collectively “The Real Estate IRA University”). The following terms apply to your use of and access to any owned or operated website (“Website”), as well as any electronic transmission sent, received, posted, accessed, or stored via any The Real Estate IRA University website network (“Network”), including without limitation its web services, data services, and messaging services; Internet services; and internal email network for communicating with The Real Estate IRA University employees. Certain products or services offered through our Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.

It is the belief at The Real Estate IRA University’s that you are the principle person responsible for your personal finances and the decisions you make. Although we try to bring accurate information, under no circumstances can or do the Real Estate IRA University and sister sites owners, contributors, authors and partners warrant the completeness or accuracy of the content found on The Real Estate IRA University or sister sites, or its usefulness for any particular purpose. Therefore, the Real Estate IRA University and sister sites owners, contributors, authors and partners make absolutely no promises or warranties, nor accept responsibility for any liability, injury or damage that you may cause or incur when using the information provided on Real Estate IRA University and/or sister sites.

We also can’t and don’t make any promises that Real Estate IRA University and sister sites’ content or service will be delivered to you uninterrupted, timely, secure, or error-free. All information and content provided on Real Estate IRA University and sister sites is to be used on an “as is” basis. We encourage you to research all information provided on Real Estate IRA University and sister sites thoroughly with other advice out on the web and from other sources and weigh it to your particular circumstances to be applied accordingly. None of the information provided on Real Estate IRA University or sister sites is meant to be used in replacement of professional advice and the users are strongly encouraged to seek such advice before making any decision. It is solely up to the user to determine if advice is safe and suitable for their particular situation.

Real Estate IRA University and sister sites also provide links to various other sites that contain information, products and services. We have absolutely no control over the content of these sites and therefore can’t and don’t warrant the completeness or accuracy of the content found on them. Use them at your own risk.

All data and information provided on this site is for informational purposes only. Real Estate IRA University is not a financial advisor, and does not recommend the purchase of any stock or advise on the suitability of any trade or investment. The ideas expressed on this site are solely the opinions of the author(s) and do not necessarily represent the opinions of firms affiliated with the author(s). The author(s) may or may not have a position in any security referenced herein. Any action that you take as a result of information or analysis on this site is ultimately your responsibility. Consult your investment adviser before making any investment decisions.

These disclaimers being stated, we do want to provide as accurate of information as possible and strive to do so. If you find any information on this Real Estate IRA University or sister sites to be incorrect, please contact us.

COVERAGE OF THIS POLICY AND AGREEMENT

In addition to other agreements between you and The Real Estate IRA University, these terms explain the policies that govern your access to and use of our Website and Network, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.

By accessing or using our Website or Network, you agree to these terms (collectively the “Policy and Agreement”), as The Real Estate IRA University may modify it from time to time. If you do not agree to accept and comply with the Policy and Agreement, do not access or use our Website or Network.

LINKS TO THIRD-PARTY SITES

The Website may contain links to other websites that are maintained by third parties over which The Real Estate IRA University has no control. These links are provided for convenience only. Use of these links will cause you to leave this Site and use of third-party websites is entirely at your own risk. The Real Estate IRA University makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. The Real Estate IRA University does not sponsor or endorse the operators of the sites or the content, products or services they provide, and The Real Estate IRA University is not responsible or liable for the conduct of the sites’ operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.

ILLEGAL OR HARMFUL USE

You may access and use our Website and Network only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via our Network, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:

  • Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
  • Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Without limiting the foregoing, you may not access or use our Website or Network in any manner for the transmission or dissemination of images containing child pornography.
  • Excessive Utilization of Network Resources: Networks have capacity limits and all customers can suffer from degraded or denied service when one or a small group of users consumes disproportionate amounts of network resources. The Real Estate IRA University, therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to disrupt or degrade the The Real Estate IRA University network or network usage by others. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use is determined by resource consumption relative to that of a typical individual user of the Service and not by the use of any particular application.
  • Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
  • Fraudulent Conduct: (1) Conducting fraudulent business operations and practices, (2) Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes), (3) Individual or Business representation as an authorized 3rd party affiliation or agent for a business entity (e.g. reirau.org) without the businesses prior consent.
  • Falsification/Impersonation: You may not use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to create a false identity for the purpose of misleading others. Without limiting the foregoing, you may not use invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing.
  • Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
  • Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.

ELECTRONIC COMMUNICATIONS

You may not distribute, publish, or send through our Network: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as “spam”); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service; or (8) any message across any network that is categorized as “phishing”.

Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others (without The Real Estate IRA University’s prior written consent), a practice sometimes known as spidering or harvesting; (2) participate in using software (including “spyware”) designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers or another site’s mail server to relay mail without the express permission of the account holder or the site.

NETWORK SECURITY AND INTEGRITY

You may not violate the security of our Website or Network in any way. Such violations may result in criminal or civil liability. The Real Estate IRA University may, but is not obligated to, investigate any violation of our Network. The Real Estate IRA University may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using The Real Estate IRA University products services or sending, receiving, posting, accessing, or storing any electronic transmission via our Network, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation:

  • Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
  • Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
  • Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
  • Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
  • Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by The Real Estate IRA University or attempting to gain unauthorized access to, alter, or destroy any information that relates to any The Real Estate IRA University customer or other end-user. The Real Estate IRA University may, but is not obligated to, take any action it deems necessary to protect its Website and Network, its rights or the rights of its customers or third parties, or (2) optimize or improve its Website, Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website or Network. The Real Estate IRA University may, in its sole discretion, at any time, filter “spam” or prevent “hacking,” “viruses” or other potential harms without regard to any preference you may have communicated to us.

INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT

All users of the Services must adhere to the terms of this Policy and Agreement. We have the right, but are not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution.

The Real Estate IRA University reserves the right to act immediately and without notice to restrict, suspend or terminate Service, if it reasonably determines that your conduct may: (1) expose The Real Estate IRA University to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of The Real Estate IRA University’s network or networks with which The Real Estate IRA University is interconnected; (3) interfere with another The Real Estate IRA University customer’s use of the Service; (4) violate any applicable law, rule or regulation; or (5) otherwise present an imminent risk of harm to The Real Estate IRA University or its customers.

The Real Estate IRA University has the right, but not the obligation, to monitor or restrict any uses of the Service that The Real Estate IRA University reasonably believes in its sole discretion violates this AUP, any part of the Terms of Service, or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Service, and are responsible for abuse of your account by others.

We may also access and disclose any information (including transactional information) related to your access and use of our Website or Network for any lawful reason, including but not limited to: (1) responding to emergencies;’ (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, CUSTOMER OR USER.

DISCLAIMER OF WARRANTIES AND LIABILITY

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A THE REAL ESTATE IRA UNIVERSITY WEBSITE OR NETWORK. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A THE REAL ESTATE IRA UNIVERSITY NETWORK OR WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” THE REAL ESTATE IRA UNIVERSITY, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE OR NETWORK. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. THE REAL ESTATE IRA UNIVERSITY DOES NOT GUARANTEE THAT ITS NETWORK OR WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE REAL ESTATE IRA UNIVERSITY, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS NETWORK OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE REAL ESTATE IRA UNIVERSITY, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY THE REAL ESTATE IRA UNIVERSITY NETWORK OR WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE REAL ESTATE IRA UNIVERSITY, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

GOVERNING LAW

This Policy and Agreement is governed by and must be construed under the laws of the Commonwealth of Colorado. The federal and state courts of Jefferson County, Colorado, have exclusive jurisdiction over and venue of any suit that relates to this Policy and Agreement.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Real Estate IRA University from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website or Network; or (5) your use of our Website or Network.

MODIFICATION OF THE POLICY AND AGREEMENT

We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on Real Estate IRA University. You agree to the Policy and Agreement by accessing or using our Website, products or services, or by sending any electronic transmission through our Network.

PRIVACY POLICY

The Real Estate IRA University respects the privacy of visitors to our site. Please take a few minutes to review our Privacy Policy.

MISCELLANEOUS

Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. The Real Estate IRA University may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

QUESTIONS, COMMENTS & ABUSE

We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Customer Care. If you want to report any violations of this Policy and Agreement, please email us at abuse@reirau.org.

We hope you enjoy using our Services and we welcome suggestions for improvements.

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