Terms of Use

Please Read Carefully Before Using heydev.optimalead.com

Welcome to the heydev.optimalead.com web site (the "Web Site"). The goals of the Web Site include providing consumers with access to residential and commercial real estate listings, real estate related information, and information about French.  To promote a safe, non-offensive environment for all visitors to the Web Site, we have established these "Terms of Use". By accessing any areas of the Web Site, you agree to be bound by the terms and conditions set forth below. If you do not agree to all of the Terms of Use, please do not use this Web Site.

Privacy

Information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy.

 

Applicable Law

The Web Site is operated byFrench from its office in Lockbourne, IA. As such, the laws of the State of Iowa, U.S.A., will govern these Terms of Use, excluding any principles or rules of law that may direct the application of the law of another state. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state or federal courts in Iowa, U.S.A., for any litigation arising out of or relating to the use of the Web Site, waive any objection to the venue of any such litigation in the Iowa courts and agree not to plead or claim in any Iowa court that such litigation brought therein has been brought in an inconvenient forum. Use of the Web Site is only authorized in jurisdictions that give effect to all provisions of these Terms of Use.

Limited License

The materials provided through the Web Site including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the Web Site, as well as the organization and layout of the Web Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Web Site solely for your personal and non-commercial use, however, any print out of the Web Site, or portions of the Web Site, must include the copyright notice of the owner of such materials. You may not copy reproduce, republish, download, print, upload, post, transmit, distribute and/or exploit the content or information contained on the Web Site for commercial use in any way (including by e-mail or other electronic means) without the prior written request of French. You agree that French may, in its sole discretion and at any time, terminate your access to and use of the Web Site, or any part thereof, with or without notice.

Restrictions

Unless explicitly specified or with separate, written permission from French, you may not and agree that you will not:

  • copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, frame in another website, use on any other website, transfer or sell any information obtained from this Web Site or any part thereof;
  • use or permit others to use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site;
  • use or permit others to use the Web Site to attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site;
  • use or permit others to use the Web Site to violate any applicable local, state, national or international law or regulation;
  • use or permit others to use the Web Site to contact RE/MAX offices or sales associates for purposes other than assisting you with your real estate needs, such as marketing products or services;
  • access or attempt to access password protected, secure or non-public areas of the Web Site; or
  • create links from any website or web page to any page within the Web Site, and you agree that if French in its sole and unfettered discretion, requests in writing that you remove any link or links to the Web Site, you will promptly do so.

Trademark

The trademarks and service marks used or displayed on the Web Site are trademarks or service marks of French or a third party, which may be registered in the United States or other jurisdictions. None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the mark.

Transit

If you post, upload, submit or otherwise transmit any content on or through the Web Site, you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity. Any submission of such information will be subject to the heydev.optimalead.com Privacy Policy.

Mapping Technology

The mapping technology utilized on heydev.optimalead.com and the data, graphics and imaging accessible therein is provided under license from Google, Inc. and/or Microsoft Corporation. Google data, graphics and imaging are subject to Google’s Terms of Use and Google’s Legal Notices.

Disclaimer

THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

French MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, OPINIONS, ADVICE, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEB SITE. French EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL French OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE WEB SITE BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEB SITE, REGARDLESS OF.

  • THE TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOST PROFITS OR LOST REVENUE- EVEN IF French Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES);
  • HOW IT WAS CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS IN THE CONTENT, BY THE USE, EXISTENCE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, BY THE USE OR PERFORMANCE OF THE WEBSITE, BY THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, BY THE INFORMATION OR SERVICES PROVIDED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE); OR
  • THE LEGAL THEORY ASSERTED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE).
 

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

If you are dissatisfied with any portion of the Web Site or related services, or with any of these terms of use, your sole and exclusive remedy is to stop using the Web Site and related services.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD French, ITS SHAREHOLDERS, DIRECTORS, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES, LICENSORS AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THE WEB SITE, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, PROCEEDINGS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, COURT COSTS OR ARBITRATION COSTS MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEB SITE.

Termination

French may terminate your access to and use of the Web Site, or any part thereof, with or without notice.

Updates

French reserves the right to make changes to the Web Site and these Terms of Use. You should visit this page from time to time to review the then-current Terms of Use. If you use this Web Site following any such change, you agree to follow and be bound by the Terms of Use as changed. If any change is unacceptable to you, your only recourse is to stop using the Web Site and related services.

Interpretation

If any part of these Terms of Use is determined to be invalid or unenforceable, then that part will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. 

Any rights not expressly granted herein are reserved by French.

 

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