Terms of Use

Last modified: August 24th, 2018

Please Read Carefully. THIS DOCUMENT EXPRESSES THE TERMS AND CONDITIONS ACCORDING TO WHICH YOU MAY USE THIS SITE AND THE FORMS PROVIDED BY AND THROUGH THIS SITE. USING OUR SITE OR THE FORMS PROVIDED BY AND THROUGH THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS.

The term Replaix is a registered trade name that also refers to www.replaix.com. No Business relationship is created by use of this site or by the use of any information or forms provided by this site, with this site, its owners, agents, representatives, partners or affiliates. We do not provide brokerage services, loan services, real estate services, nor legal advice through this or any other site. All forms on this site are provided "AS-IS." We do not provide any express or implied warranties of merchantability, suitability of any form for your particular needs, and/or completeness of any form. Forms are used at your own risk. In no event will we (Replaix.com), our agents, partners or affiliates be responsible for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and based on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this site or the forms provided by this site, even if advised of the possibility of such damage. Forms may have to be modified to suit your particular needs and state law requirements. The online representations of these forms are for private use only (or for the use of the Replaix community) and cannot be resold or distributed without our written consent. Welcome to Replaix, a service that helps real estate professionals work more efficiently and facilitate real estate transactions through the use of our unique professional real estate applications. The following Terms and Conditions of Use outline your obligations when using the Replaix service. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

  1. Acceptance of Terms The Replaix service (collectively, "Replaix" or "the Service") is operated by CMP Investments, Inc. ("us", "we" or "the Company"), a California corporation. By accessing or using the web pages at our website at www.Replaix.com or the mobile version thereof (together the "Site") or by posting a Replaix Link on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms and Conditions of Use ("Terms and Conditions" or "Terms of Use" or "Agreement"), whether or not you are a registered member of Replaix. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions of Use at any time without further notice. If we do this, we will post the changes to these Terms and Conditions of Use on this page and will indicate at the top of this page the date that these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms and Conditions of Use. If you do not agree to abide by these or any future Terms and Conditions of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions of Use and to review such changes.

  2. Description of service Subject to full compliance with the Terms and Conditions of Use, Replaix may offer to provide certain services and content, on the Site. Services shall include, but not be limited to, any service Replaix performs or content Replaix stores for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, emails, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Replaix may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Replaix may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

  3. Your registration obligations As a condition to using Services, you may be required to register with Replaix and select a password and screen name ("Replaix User ID"). You shall provide Replaix with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Replaix account. You may not (i) select or use as a Replaix User ID a name of another person with the intent to impersonate that person; (ii) use as a Replaix User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Replaix User ID a name that is otherwise offensive, vulgar or obscene. Replaix reserves the right to refuse registration of or cancel a Replaix User ID in its discretion. In consideration of your use of the Site, you agree to maintain the security of your password and identification and you agree to be fully responsible for all use of your account and for any actions that take place using your account. Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

  4. User conduct As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Replaix. By way of example, and not as a limitation, you agree not to use the Services:

    1. to abuse, harass, threaten, impersonate or intimidate other Replaix users;
    2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
    3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
    4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Replaix user;
    5. to create or submit unwanted email ("Spam") to any other Replaix users or any URL;
    6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
    7. to submit links, articles or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), sites/blogs with any unoriginal content, or off-topic content;
    8. to submit stories or comments linked to the inappropriate item;
    9. with any robot, spider, scraper or other automated means to access the Site for any purpose beyond driving traffic to our site. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
    10. with the intention of artificially inflating or altering an article rank, a comment rating, or any other Replaix service, including by way of creating separate user accounts for the purpose of artificially altering Replaix’s services; giving or receiving money or other remuneration in exchange for actions; or participating in any other organized effort that in any way artificially alters the results of Replaix’s services;
    11. to advertise to, or solicit, any user to buy or sell any products or services outside the functionality provided by the Site. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
    12. to harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending communications;
    13. attempt to impersonate another user or person, or attempt to impersonate affiliation with another company or service provider;
    14. use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site;
    15. sell or otherwise transfer your profile.

Replaix may remove any Content and Replaix accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: [email protected] You are solely responsible for your interactions with other users of the Site. Replaix reserves the right but has no obligation, to monitor disputes between you and other users.

  1. Content submitted to the site By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing. You recognize User Content submitted to the site includes not just text but also clicks submitted to the site, hyperlinks submitted to the site, and actions taken on the site, which may be used to deliver the service to other users. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company.

  2. Replaix mobile services The Service includes certain services that are available via your mobile phone. Your carrier's normal messaging, data and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Replaix and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Replaix account information to ensure that your messages are not sent to the person that acquires your old number.

  3. Copyright complaints We respect the intellectual property of others. Replaix will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Replaix may act to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Replaix can terminate access for account holders who are repeat infringers. Notifying Replaix of Copyright Infringement: To provide Replaix notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of [email protected] that sets forth the information specified by the DMCA http://www.copyright.gov/title17/92chap5.html#512. Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org or a news website such as techcrunch.com. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. Providing Replaix with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Replaix with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at [email protected] that sets forth all of the necessary information required by the DMCA http://www.copyright.gov/title17/92chap5.html#512. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of an attorney.

  4. Third party content The Site contains (or you may be sent through the Site or the Service) links to other websites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. The inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. Replaix may run advertisements and promotions from third parties on the Site or may provide links to or send you promotional offers or messages regarding third party products or services. We do not endorse, monitor or have any control over such third party products or services and makes no guarantee as to the value, reliability, accuracy or completeness of any such third party products or services or the results obtained therefrom. We assume no responsibility or liability for any third party products or services or for the actions or failure to act of those providing such third-party products or services. You assume full responsibility for your use of such third party products or services, and your business dealings or correspondence with, or participation in promotions of, advertisers or other third parties are solely between you and such third party.

  5. Use of links to Replaix.com by third-party publishers Subject to the terms and conditions of these Terms of Use, Third Party Sites that meet the requirements set forth below may place a Replaix Link, in the form approved by Replaix, on pages of their websites to facilitate the use of the Replaix. A Third Party Site that posts a Link on its website is referred to herein as an "Online Content Provider" and shall abide and be subject to the applicable sections of these Terms of Use. A "Replaix Link" is a button, icon, graphic advertisement, and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user, enables us to launch a mechanism through which users can post items, links, and content from that page to both their own member profile and the Site. In the event that the Replaix Link contains graphic images, trademarks or other proprietary materials of the Company, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Replaix Link on Online Content Provider's site and solely in the current form provided by the Company. In the event that the Replaix Link is a text link, it must include the word "Replaix" as part of the link. For example, a text Replaix Link could read "Close more transactions with Replaix". The rights granted in this paragraph may be revoked by Company at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Replaix Links from its site. In order for an Online Content Provider to include a Replaix Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. For example, the site must not re-purpose existing stories (source hops) and/or have any unoriginal content. Without limiting the foregoing, Online Content Provider agrees not to post a Replaix Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Company or its users to any harm or liability of any type. Upon including a Replaix Link, Online Content Provider agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Replaix Link, any links, content or other items or materials which may be shared or posted through such Replaix Link, or any breach or alleged breach of the foregoing representations and warranties. Replaix is not responsible for actions of traffic referred from Replaix to the Online Content Publisher, whether the traffic is users, crawlers, or other entities. By including a Replaix Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Replaix Service in order to link to, stream, excerpt (in whole or in part), summarize, and distribute the excerpt, summary, links and other materials of any kind residing on any web pages on which Online Content Provider places the Replaix Link.

  6. Replaix privacy policy We care about the privacy of our users. Click here to view the Replaix’s Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

  7. Indemnity You will indemnify and hold harmless Replaix, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Replaix User ID, of any intellectual property or other right of any person or entity.

  8. Disclaimers You acknowledge that Replaix has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Replaix from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Replaix makes no representations concerning any content contained in or accessed through the Site or Services, and Replaix will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Data, links, and any information you have entered or stored on the Site may be lost or deleted permanently, for any reason. The company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

  9. Limitation on liability IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

  10. Termination Replaix may terminate or suspend any and all Services and your Replaix account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Replaix account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  11. Jurisdiction By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates.

  12. Trademarks Replaix, CMP Investments, Inc., and other Replaix graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Replaix in the U.S. and/or other countries. Replaix's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Only images and icons made explicitly available by Replaix for partners and third party sites may be used by partner and third party sites in connection with providing appropriate Replaix Links. You may not use any meta tags or any other "hidden text" utilizing "Replaix" or any other name, trademark or product or service name of Replaix without our prior written permission. The look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Replaix and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

  13. Miscellaneous No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Replaix in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Replaix shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Replaix’s reasonable control, including, without limitation, cost prohibitions or mechanical, electronic or communications failure or degradation (including "line-noise" interference). Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.