Terms of Service and Use Agreement

Updated on January 8th, 2006

Welcome to American Investors in Real Estate Online!
American Investors in Real Estate Online (aireo.com) ("Service") is an interactive on-line publication consisting of information, opinion, advice ("Content"), products and interactive applications ("Vendibles") provided by American Investors in Real Estate Online (aireo.com), affiliates of American Investors in Real Estate Online (aireo.com) and other third parties. ("Consumer") means each person who accesses American Investors in Real Estate Online (aireo.com) for access to and use of the Service, or establishes a connection ("Account") for use of its services. Consumer use of the Service will be subject to the terms of this Terms of Service Agreement ("Agreement"). The Agreement may change from time to time. Use of Service after a change will subject Consumer to the new terms.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. IF CONSUMER DOES NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.

Participation and Conduct

During the term of this Agreement, American Investors in Real Estate Online (aireo.com) grants to Consumer a terminable, at-will, non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for Consumer’s personal, non-commercial use. Consumer may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. The right to use American Investors in Real Estate Online (aireo.com) is personal to Consumer and is not transferable to any person or entity. Consumer is responsible for all use of Consumer’s Account and for ensuring that all use of Consumer’s Account complies fully with the provisions of this Agreement. Consumer shall be responsible for protecting the confidentiality of Consumer’s password(s).

Consumer may participate in any forums or messaging threads offered through the Service, but Consumer agrees not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. Consumer will be solely responsible for all content that Consumer posts on the Service.

Consumer shall not use American Investors in Real Estate Online (aireo.com) to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Consumers of other on-line information services competitive with American Investors in Real Estate Online (aireo.com).

Consumer agrees to indemnify American Investors in Real Estate Online (aireo.com) and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them which arise out of or are related to the content that Consumer posts. Forums and messaging are intended only for the personal use of Consumer, and may not be used for commercial purposes or for organized political activity.

American Investors in Real Estate Online (aireo.com) reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, at its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. American Investors in Real Estate Online (aireo.com) also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, American Investors in Real Estate Online (aireo.com) is not obligated to take any such actions, and will not be responsible or liable for content posted by any Consumer in any forum, message board, or other area within the Service.

Copyright and Trademarks

The Service is the personal property of American Investors in Real Estate Online (aireo.com). American Investors in Real Estate Online (aireo.com) retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by American Investors in Real Estate Online (aireo.com) or its licensors. Consumer may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for Consumer’s personal, non-commercial use, as permitted by the license granted above. It is understood that some of the Content appearing on the Service is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is Consumer’s sole obligation to a) determine if Consumer’s uses require releases or permission, and b) to obtain the necessary releases.

By submitting material to any public area of the Service, Consumer automatically grants, or warrants that the owner of such material has expressly granted American Investors in Real Estate Online (aireo.com) the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

Consumer also permits any other Consumer to access, view, store or reproduce the material for that Consumer’s personal use. Consumer hereby grants American Investors in Real Estate Online (aireo.com) the right to edit, copy, publish and distribute any material made available on American Investors in Real Estate Online (aireo.com) by Consumer.

American Investors in Real Estate Online (aireo.com), and their respective logos are trademarks of the Service. All other trademarks on the Service are the property of their respective holders.

Purchase Of Products And Downloading Of Software

Consumer may have the opportunity to order or receive merchandise and services, and to download Software (collectively "Products") through the Service directly or through links on the Service. All Products (unless otherwise noted as owned or offered by American Investors in Real Estate Online (aireo.com)) are provided by third-party vendors ("Vendors") pursuant to agreements, licenses or other arrangements between that Vendor and Consumer. All aspects of Consumer’s transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Consumer and the applicable Vendor. Consumer’s rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor.

By using the Service, Consumer acknowledges and agrees that American Investors in Real Estate Online (aireo.com) and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through the Service or through links on the Service or from any action or inaction of any Vendor.

Consumer may have the option to purchase Products over the Service using a credit card by sending that information over the Internet. The Service uses encryption technology to protect the information from access by unauthorized third parties. However, neither American Investors in Real Estate Online (aireo.com) nor any Vendor can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If Consumer has any concerns about sending such information over the Internet, Consumer should use an alternative means of payment. By sending any sensitive information over the Internet in connection with Consumer’s use of the Service, Consumer agrees that neither American Investors in Real Estate Online (aireo.com) nor any Vendor will have any liability if the applicable encryption technology fails to protect Consumer’s information.

Intellectual Property Infringement Claims

It is the policy of American Investors in Real Estate Online (aireo.com) to respond expeditiously to claims of intellectual property infringement. American Investors in Real Estate Online (aireo.com) will promptly process and investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws, up to and including blocking or removing the offending Content. American Investors in Real Estate Online (aireo.com) will terminate access for Consumers and account holders who are repeat infringers.

Please direct any notices of claimed copyright infringement to copyright[at]aireo[dot]com or the person or entity at the addresses and telephone number below:

AIREO.com c/o Webmaster
1824 Sylvan Ave. Dallas, TX 75208
Phone: 214/ 745-8900   Fax: 214/ 745-8922

Permissions

All requests for licensing, reprints, linking and other usage of material on American Investors in Real Estate Online (aireo.com) should be addressed to permissions[at]aireo[dot]com. We will review Consumer’s request, and provide Consumer with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.

Exclusions of Warranty and Liability

THE SERVICE, CONTENT, PRODUCTS, ANY INTERACTIVE APPLICATIONS, INFORMATION, OPINION, ADVICE PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMERICAN INVESTORS IN REAL ESTATE ONLINE (AIREO.COM) DOES NOT WARRANT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE AS TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IF CONSUMER DOWNLOADS INTERACTIVE APPLICATIONS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH VENDIBLES IS ASSUMED BY CONSUMER. AMERICAN INVESTORS IN REAL ESTATE ONLINE (AIREO.COM) IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS IN OR OMISSIONS FROM ANY SUCH VENDIBLES, AND AMERICAN INVESTORS IN REAL ESTATE ONLINE (AIREO.COM) DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH VENDIBLES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH VENDIBLES WILL BE CORRECTED. AMERICAN INVESTORS IN REAL ESTATE ONLINE (AIREO.COM) DOES NOT WARRANT THAT THE CONTENT OF ITS SERVICE, PRODUCTS, ANY INTERACTIVE APPLICATIONS AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE WILL BE ERROR FREE.

AMERICAN INVESTORS IN REAL ESTATE ONLINE (AIREO.COM) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY INTERACTIVE APPLICATIONS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY INTERACTIVE APPLICATIONS OBTAINED THROUGH THE SERVICE, EVEN IF AMERICAN INVESTORS IN REAL ESTATE ONLINE (AIREO.COM) HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL AMERICAN INVESTORS IN REAL ESTATE ONLINE (AIREO.COM)’S TOTAL LIABILITY TO CONSUMER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $10.00 USD. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CONSUMER.

American Investors in Real Estate Online (aireo.com) may contain links to other Web sites that are owned and operated by third parties. Consumer acknowledges that American Investors in Real Estate Online (aireo.com) is not responsible for the accuracy, content, or availability of information accessed or linked to through the Service, nor does the inclusion of any such link imply endorsement by American Investors in Real Estate Online (aireo.com) of that Web site.

American Investors in Real Estate Online (aireo.com)’s Content is provided for informational purposes only and does not imply any endorsement of any particular product or affiliation with any particular Vendor. American Investors in Real Estate Online (aireo.com) does not recommend or endorse any specific products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any Content, Products, any interactive applications, information, opinion, advice provided through American Investors in Real Estate Online (aireo.com), its employees, officers or directors, others appearing on the Service at the invitation of American Investors in Real Estate Online (aireo.com), or other visitors to American Investors in Real Estate Online (aireo.com) is solely at Consumer’s own risk. Consumer acknowledges that Consumer is solely responsible for determining what, if any, Content, Products, any interactive applications, information, opinion, advice provided through the Service is suitable for Consumer’s purposes and for any loss, liability, damage or costs Consumer may suffer as a result of such.

Notices

American Investors in Real Estate Online (aireo.com) may give notice to Consumer through general posting on the Service, through postal notification, or through E-mail notification, at its sole discretion. Consumer may give notice to American Investors in Real Estate Online (aireo.com) via E-mail at webmaster[at]aireo[dot]com or by postal mail to AIREO.com c/o Kevin Jamesson, 1824 Sylvan Ave. Dallas, TX 75208.

American Investors in Real Estate Online (aireo.com) reserves the right, at its sole discretion, to restrict or block the access of any Consumer to the Service, or any section thereof.

General

Any failure by American Investors in Real Estate Online (aireo.com) to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

Indemnity

In the event Consumer breaches the terms of this Agreement, or if, any claims are made against American Investors in Real Estate Online (aireo.com) (its employees, officers or directors resulting from Consumer’s actions) Consumer shall be liable to American Investors in Real Estate Online (aireo.com) for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, as applied to contracts entered into and performed within Texas. Consumer agrees to grant jurisdiction over Consumer’s self to the courts of Texas and designate it as the forum for resolution of all disputes arising under this Agreement.

This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

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