Boa REO www.boareo.com - Terms of Use

Welcome to the BOA REO, LLC website located at www.boareo.com (the “Site”). Please read the following Terms of Use carefully before using this Site or any of our software products, so that you are aware of your legal rights and obligations with respect to BOA REO, LLC and its affiliates and subsidiaries (individually and collectively, “BOA REO”). If you do not agree to these Terms of Use, do not submit information to, or access any information from, this Site.

By using this Site, which includes any software, applications or other functionality contained or offered through the Site, you signify your irrevocable acceptance of this Terms of Use. BOA REO has the right to revise this Terms of Use at any time without providing notice to its users. Your continued use of this Site shall be deemed irrevocable acceptance of those revisions.

BOA REO reserves the right to change, modify, suspend or discontinue any portion of this Site at any time. BOA REO may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

Privacy Your privacy is very important to us at BOA REO. To better protect your rights we have created the BOA REO Privacy Statement to explain our privacy practices in detail. To read the BOA REO Privacy Policy, please read our Privacy Statement.

As a registered user, you hereby grant BOA REO the permission to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes BOA REO determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages.

If you no longer wish to receive marketing messages from BOA REO, please opt-out by updating your account settings through the Site. BOA REO will its best efforts to honor your request to opt out of marketing messages, but under no circumstances will BOA REO have any liability for sending any email to its registered users.

Use of Site The Site is designed to provide information about real estate, REO properties, BOA REO and its affiliates. The information and services offered on this Site are provided solely for general information, do not constitute (a) real estate, legal, tax, accounting or other professional advice, or (b) an offer to sell or lease real estate, and may not be used to determine an individual's eligibility for credit, insurance, or employment.

Proprietary Content The information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through the Site (collectively, the “Content”) are proprietary to BOA REO and its licensors, and are protected by United States and international copyright and other intellectual property rights, laws and treaties. The Content provided through the Site includes proprietary databases of commercial real estate information, which includes information, text, photographic and other images and data contained therein and the proprietary organization and structures for categorizing, sorting and displaying such information. The Site and Content includes any derivatives, successors, updates or modifications provided thereto and created therefrom and any information derived from the use of the databases accessed through the Site. Any copying, uploading, reproduction, transmittal or redistribution of the Content which is not in expressly authorized by this Terms of Use is strictly prohibited. You understand and agree that making modifications to, creating derivative works based on, or any unauthorized use of, the Content or any other elements of the Site is expressly prohibited.

You agree to treat all information and Content obtained from the Site as proprietary to BOA REO. BOA REO does not ensure the accuracy of, endorse or recommend any Content and you accordingly agree to use such Content at the your own risk. You expressly agree to solely access the Site and use the Content for your own personal and internal use, and in no manner access or use the Content (directly or through any automated device) for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way, including, without limitation, to reproduce any Content for or in connection with any other listing service or device.

Use of the Site The Site and any elements contained therein may be incorporated into, and may incorporate, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to BOA REO to enforce any of your rights. All modifications or enhancements to the Site remain the exclusive property of BOA REO.

The Site as a collective work is the copyrighted work of BOA REO. Access to and use of the Site is expressly governed by this Terms of Use. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any element of the Site. You agree not to take any action to jeopardize, limit or interfere with BOA REO’ ownership of and rights with respect to the Site and Content.

Disclaimer ANY AND ALL ELEMENTS OF This Site are provided "as is" and without any warranties, claims or representations made by REOTRANS of any kind either express, implied or statutory with respect to this Site, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular pURpose, nor are there any warranties created by course of dealing, course of performance or trade usage. Without limiting the foregoing, REOTRANS does not warrant that thIS Site and the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that thIS Site and/or the server that makes same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

You acknowledge that the entire risk arising out of the use or performance of thIS Site remains with you to the maximum extent permitted by law.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability IN NO EVENT SHALL REOTRANS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF REOTRANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO DISCONTINUE ANY USE OF THIS SITE.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Links to Third Party Sites The links provided throughout this Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of BOA REO in any manner whatsoever. Therefore, BOA REO is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. BOA REO is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by BOA REO of any linked site and/or any of its content therein.

Term of Use The license for use of this Site is effective until terminated. This license will terminate as set forth within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by BOA REO to immediately effect such termination.

Online Conduct With respect to any and all text, graphics, descriptions, photographs, messages, video and any other content you elect to upload, post, e-mail or otherwise transmit to BOA REO through the Site (“User Content”), you grant BOA REO, its affiliates, and licensees the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, distribute, sell, and take any other action with respect to such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that BOA REO may preserve any such User Content and may also publicly disclose such User Content in its discretion.

You represent and warrant that (a) you own or have the full right, power and authority to grant to BOA REO use of and rights in and to all User Content; (b) any User Content you provide to BOA REO will be true and accurate; (c) your license of such User Content to BOA REO hereunder does not, and the use or license of such User Content by BOA REO to third parties will not, infringe any right or interest owned or possessed by any third party; and (d) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such User Content.

You expressly understand and agree that you, and not BOA REO, are entirely responsible for all User Content that you upload, download, post, email, transmit or otherwise make available via the Site and that BOA REO does not control, verify or monitor any User Content posted via the Site by any visitors to the Site and does not guarantee the accuracy, integrity or quality of such User Content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that you must independently verify any User Content and not exclusively rely on any User Content submitted to BOA REO or any other users of the Site through the Site.

You understand and agree that BOA REO shall have the right to use any User Content for any purpose, including without limitation for publication of all or part of such User Content on the Site and any in any other forum or medium for unrestricted use by BOA REO for its users and partners. BOA REO shall have the sole authority to choose the manner in which any Content will be received, displayed and used by the Site, and it reserves the right to remove any User Content or refuse access to the Site to anyone at any time in its sole discretion. BOA REO shall have no obligation to (i) resolve disputes among users of the Site; or (ii) monitor or verify the accuracy or proper use of any User Content.

Notwithstanding anything to the contrary, you may not:

remove or conceal any proprietary notices from the Site; cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling of the Site, including any Materials or any other elements contained or offered by the Site; use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any Content or portion of the Site; use this Site for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein; use the Site or submit any User Content to generate or send any unsolicited commercial email (spam); copy any elements of the Site (other than as expressly provided under United States copyright laws); access, create or modify source code of the Site in any way; use the Site to, or in any way that would, violate any applicable law, regulation, ordinance or real estate practice; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise disguise the origin of any User Content; submit or publish Content that solicits funds or services, contains or includes any virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse, routing, trap door, time bomb or any other code, instruction or program that is designed to distort, delete, damage, disable or impair the functionality of any computer or the Site; or use this Site to develop, generate, upload, post, display transmit or store information or Content that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, libelous, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive or harmful; or (C) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site.

BOA REO may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize BOA REO to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. Your Representations and Warranties You represent, promise and warrant that: you possess the legal right and ability to enter into this Terms of Use and to comply with its terms; you will use this Site for lawful purposes only and in accordance with this Terms of Use and all applicable laws, regulations and policies; you will not attempt to decompile, reverse engineer or hack this Site, or to defeat or overcome any encryption and/or digital rights management technology implemented with respect to this Site and/or data transmitted, processed or stored by this Site; you will not take any steps to interfere with or in any manner compromise any of BOA REO’ security measures; you will only use this Site on a computer on which such use is authorized by the computer's owner; and You are 13 years of age or older. If BOA REO has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, BOA REO may suspend or terminate your account, deny any or all use of the Site, and pursue any appropriate legal remedies.

Accounts and Security To use and access exclusive and proprietary elements of the Site, you must register with BOA REO to open an account (“Account”). As part of the registration process, each user will select a password and user name. You shall provide BOA REO with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a user name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a user name that BOA REO, in its sole discretion, deems inappropriate or offensive.

Your Account may not be assigned, sublicensed, transferred, or shared with any other individual or entity, and you expressly agree not to provide any other entity your password or otherwise allow them to use or access your Account. You agree to notify BOA REO of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your user name and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site under your user name and password.

BOA REO may immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that BOA REO believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Use or any other policies or guidelines posted by BOA REO; or (iii) harmful to other users, third parties, or the business interests of BOA REO. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your account even if such activities or uses were not committed by you. Upon termination of your Account by BOA REO for any of the above-mentioned reasons, you may not establish a new Account for a period of not less than one year from the date of termination. Upon termination of your Account, BOA REO will have no obligation to notify any third parties nor will BOA REO be responsible for any damages that may result or arise out of termination of your Account.

Indemnity You agree to indemnify, defend and hold harmless BOA REO, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Use or any policy or guidelines referenced herein, or (ii) use or misuse of this Site, the Content, any User Content, or any other element of the Site.

Notification of Copyright Infringement BOA REO will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, please notify BOA REO’ Copyright Agent.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the “Notice”), and must include substantially all of the following: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; (b) a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled; (c) a description of the exact name of the file on this Site (and the location of the file, if it appears on this Site) that you claim is infringing or if the infringed work appears on a site linked to from this Site where the material that you claim is infringing is located on such site; (d) information sufficient to permit BOA REO to contact you, such as your physical address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

To reach BOA REO’ Copyright Agent for Notice of claims of copyright infringement, send your Notice to Mark McKinley, Copyright Enforcement, 5155 West Rosecrans Avenue, Los Angeles, California 90250, via electronic mail at legal@www.boareo.com, via facsimile at (310) 491-3338 or by telephone at (310) 491-3495.

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring or through this Site. All other inquiries directed to the Copyright Agent will not be responded to.

Severability If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Trademarks All trademarks, service marks, logos, trade names, and any other proprietary designations of BOA REO used herein are trademarks or registered trademarks of BOA REO. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties.

Electronic Signatures and Agreements You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by BOA REO to accept the terms and conditions of this Terms of Use, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Terms of Use. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY REOTRANS. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Miscellaneous BOA REO reserves all rights not expressly granted herein. BOA REO may modify this Terms of Use at any time by posting the revised Terms of Use on this Site. Your continued use of this Site shall constitute your acceptance of such revised Terms of Use. You may not assign any rights granted to you hereunder. Nothing in this Terms of Use shall constitute a partnership or joint venture between you and BOA REO. The failure of BOA REO at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Terms of Use shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Terms of Use against or relating to BOA REO or any Indemnified Party under this Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles, California and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Terms of Use and any agreements included or referred to in this Terms of Use constitute the final, complete and exclusive agreement with respect to this Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contacts us at support@www.boareo.com.