Terms Of Use Policy
Last updated September 2024
reSpace connects and provides data for use by homeowners, home buyers, and real estate agents (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). (Buyers and Sellers are hereinafter collectively referred to as “you”).
1. ACCEPTANCE OF TERMS
By using the Service in any way, you agree to comply with the TOU. In addition, when using particular reSpace Services, you agree to abide by any applicable posted guidelines for all reSpace Services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with reSpace in any way, your only recourse, if you are a Buyer or Seller, is to discontinue use of reSpace immediately, and, if you are a Broker or an Agent, paying for a subscription to these Services, your only remedy is termination of your subscription upon the terms and conditions of the subscription agreement.
reSpace has the right, but is not obligated, to strictly enforce the TOU through various means, including self-help, litigation, and other criminal or civil prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
At its sole discretion, re |Space reserves the right to change, modify, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement regularly to keep yourself apprised of any changes. You can view the most recent version of the TOU at https://www.reSpace.co/terms-of-use-policy
3. CONTENT
You understand that all postings, messages, text, files, images, photos, videos, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each item (“Item”) of Content you post, email, or otherwise make available via the Service. You understand that reSpace does not control and is not responsible for Content made available through the Service and that using the Service may expose you to offensive, inaccurate, misleading, or otherwise objectionable content. Furthermore, the reSpace site and content available through the Service may contain links to other websites that are entirely independent of reSpace. reSpace makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will reSpace be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that reSpace does not pre-screen or approve Content but that reSpace shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content that is available via the Service for violating the letter or spirit and intent of the TOU or for any other reason.
4. THIRD-PARTY CONTENT, SITES, AND SERVICES
The reSpace site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third-party content that is entirely independent of reSpace, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or Services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make any investigation necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that reSpace shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site or between users and any third party, you understand and agree that reSpace is not obligated to become involved. In the event that you have a dispute with one or more other users, you hereby release reSpace, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”
5. PRIVACY AND INFORMATION DISCLOSURE
reSpace has established a Privacy Policy to explain to users how their information is collected and used, which may be updated by reSpace from time to time. reSpace will provide notice of materially significant changes to this privacy policy by posting a notice on the reSpace site.
- Protecting your privacy: We offer email anonymization & relay to reduce 3rd party harvesting & spam. Account information is password-protected. Keep your password safe. Forums use basic webserver authentication. Close your browser to log out. reSpace does not knowingly collect any information from persons under the age of 13. If reSpace learns that a posting is by a person under the age of 13, reSpace will remove that post. reSpace, or people who post on reSpace may provide links to third-party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third-party websites, and we encourage all users to read the privacy policies of each and every website visited.
- Data we collect: We collect your email address for purposes such as sending self-publishing and confirmation emails, authenticating user accounts, providing subscription email Services, registering for forums, etc. We sometimes collect your phone number for account authentication purposes and may transmit it to a third-party Service for telerobotic verification. reSpace does not store credit card information. Credit card transactions are transmitted to a financial gateway, and we endeavor to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) technology. We may collect personal information if you provide it in feedback or comments or if you contact us directly. Please do not post any personal information on reSpace forums that you expect to keep private. Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the reSpace site, and to otherwise provide our Service to you.
- Data we store: All forum postings, if any, are stored in our database, even after “deletion,” and may be archived elsewhere. Our web logs and other records are stored indefinitely. Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.
- Circumstances in which reSpace may release information: reSpace may disclose information about its users to the extent permitted by the user in connection with the Service. reSpace may also disclose user contact information to reSpace partners or third parties to provide the user Services or for the third party’s direct marketing purposes. If we do this, it is only if you give us permission on the site or when, through using our site, we become aware of a specific opportunity you qualify for. reSpace may also release information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. reSpace may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third parties; or protect the rights, property, or personal safety of reSpace, its users or the general public.
- International Users: By visiting our website and providing us with data, you acknowledge and agree that due to the international dimension of reSpace, we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data.
Your use of the reSpace website or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that reSpace may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, phone numbers, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of reSpace, its users or the general public.
6. CONDUCT
You agree not to post, email, or otherwise make available Content:
- That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way.
- That is offensive.
- That harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- That violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status, or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- that impersonates any person or entity, including, but not limited to, a reSpace employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
- That includes personal or identifying information about another person without that person’s explicit consent.
- That is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
- that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or Content you do not have a right to make available under any law or under contractual or fiduciary relationships.
- That constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement.
- That constitutes or contains any form of advertising or solicitation if posted in areas of the reSpace sites that are not designated for such purposes or emailed to reSpace users who have not indicated in writing that it is ok to contact them about other Services, products, or commercial interests.
- That includes links to commercial Services or websites, except as allowed in “Services”;
- that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service, or
- that employs misleading email addresses, forged headers, or otherwise manipulated identifiers to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- Contact anyone who has asked not to be contacted or make unsolicited contact with anyone for any commercial purpose.
- “stalk” or otherwise harass anyone.
- Collect personal data about other users for commercial or unlawful purposes.
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like, to download data from the Service – unless expressly permitted by reSpace.
- Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
- attempt to gain unauthorized access to Re| Space’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the reSpace website; or
- use any form of automated device or computer program that enables the submission of postings on reSpace without each posting being manually entered by the author thereof (an “automated posting device”), including, without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
- Use any form of automated device or computer program (“flagging tool”) that enables the use of reSpace’ “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU.
7. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Re| Space’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from reSpace.
Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from reSpace.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to reSpace email addresses or through reSpace computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Washington. Any unauthorized use of reSpace computer systems is a violation of these Terms and certain federal and state laws, including, without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and their agents to civil and criminal penalties.
9. FEES FOR SERVICE
If you are a Broker or an Agent, we reserve the right to charge a fee for accessing reSpace proprietary data not offered under a subscription. All fees paid by a Broker or an Agent will be non-refundable even if the paid Content becomes unavailable from the Service.
10. LIMITATIONS ON SERVICE
You acknowledge that reSpace may establish limits concerning the use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that reSpace has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that reSpace reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that reSpace shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
11. ACCESS TO THE SERVICE
reSpace grants Buyers a limited, revocable, nonexclusive license to access the Service for their own personal use at no charge. This license does not include (a) access to the Service by Agents or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by reSpace. A limited exception to (b) is provided to general-purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. reSpace permits you to display on your website or create a hyperlink on your website to individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to violate the TOU, absent express permission granted by reSpace to do so. You may also create a hyperlink to the home page of reSpace sites so long as the link does not portray reSpace, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
reSpace grants Agents a limited, revocable, nonexclusive license to access the Service for commercial purposes for a fee. This license does not include (a) access to the Service by Agents other than yourself or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by reSpace.
Use of the Service beyond the scope of authorized access granted to you by reSpace immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display, or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from reSpace.
12. TERMINATION OF SERVICE
You agree that reSpace, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if reSpace believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that reSpace shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6, and 8-14 shall survive termination of the TOU.
13. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation under copyright laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of reSpace. You further agree not to reproduce, duplicate, or copy Content from the Service without the express written consent of reSpace and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any aspect of the Service for any commercial purposes. reSpace is a registered mark in the Trademark Office.
Although reSpace does not claim ownership of content that its users post, by posting Content to any area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to reSpace an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant reSpace all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE reSpace SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE reSpace SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, reSpace DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE reSpace SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, reSpace DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE reSpace SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE reSpace SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, reSpace DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE reSpace SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL reSpace BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF reSpace HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE reSpace SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE reSpace SITE OR THE SERVICE, FROM INABILITY TO USE THE reSpace SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE reSpace SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE reSpace SITE OR THE SERVICE OR ANY LINKS ON THE reSpace SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE reSpace SITE OR THE SERVICE OR ANY LINKS ON THE reSpace SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. Some of the foregoing limitations may not apply to you in such jurisdictions.
16. INDEMNITY
You agree to indemnify and hold reSpace, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
17. GENERAL INFORMATION
The TOU constitutes the entire agreement between you and reSpace and governs your use of the Service, superseding any prior agreements between you and reSpace. The TOU and the relationship between you and reSpace shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and reSpace agree to submit to the personal and exclusive jurisdiction of the courts in King, Washington. The failure of reSpace to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. Suppose a court of competent jurisdiction finds any provision of the TOU to be invalid. In that case, the parties nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Our failure to act regarding a breach by you or others does not waive our right to act concerning subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify if it becomes necessary for reSpace to pursue legal action to enforce these Terms, you will be liable to pay reSpace the following amounts as liquidated damages, which you accept as reasonable estimates of reSpace’ damages for the specified breaches of these Terms:
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- If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity or provides false data of any other kind; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay reSpace one thousand dollars ($1,000) for each such message.
- Suppose reSpace establishes limits on the frequency with which you may access the Service or terminates your access to or use of the Service. In that case, you agree to pay reSpace one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access reSpace in excess of such limits, whichever is higher.
- If you send unsolicited email advertisements to reSpace email addresses or through reSpace computer systems, you agree to pay reSpace twenty-five dollars ($25) for each such email.
- If you post Content in violation of the TOU, other than as described above, you agree to pay reSpace one hundred dollars ($100) for each Item of Content posted. reSpace may issue a warning before assessing damages at its sole discretion.
- If you are an Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay reSpace one hundred dollars ($100) for each and every violation of the TOU. An Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”). The Principal (by engaging the Agent in violation of the TOU) agrees to pay reSpace an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.
- If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without reSpace ‘ express written permission, you agree to pay reSpace three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Re| Space’s actual damages to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, reSpace retains the right to seek the remedy of specific performance of any term contained in these Terms or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
If you have questions or clarifications about these terms, or if you have any comments, please email us at contact@reSpace.com.