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Terms of Use and Conditions

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General

The following Terms of Use and Conditions (“Terms”) are applicable to this website, RealINSIGHT Marketplace (“RIM”), and any affiliated websites, applications, and services that are offered by CWFS-REDS LLC (“CW REDS”) and CWFS Insight LLC (“RI”). For the purposes of these Terms, a person who accesses, browses, or otherwise uses RIM and/or other affiliated services (the “Services”) is referred to as a “User”.


By using this website and the Services, User consents to these Terms, and to any updates to such Terms, as may occur at CW REDS’s and/or RI’s discretion. RIM will, at all times, reflect the most updated version of these Terms and any of CW REDS’s other policies related to RIM or the Services. In the event that User does not agree with these Terms, or any other terms and conditions of use, User’s sole recourse is to cease use of RIM.

Use of RIM; Legal Age

The Services offered on RIM are available only to Users that have the capacity and authority to form legally binding contracts. By using RIM, User represents that he/she (i) is over the age of eighteen (18) and (ii) has the authority and capacity to form legally-binding contracts.

Registration; Account

In order to use certain Services provided on RIM, Users will be required to register and create an account. Each User agrees to provide only truthful and accurate information when registering and creating an account. The security and maintenance of User’s account is User’s sole responsibility, and CW REDS/RI are not responsible for any loss or liability that any User incurs, or might incur, due to insufficient account security or a breach of User’s account.


User also agrees that by registering and creating an account or by otherwise providing contact information on or through RIM, User may be contacted regarding promotional opportunities, marketing, notices regarding User’s account, information about properties that might be of interest to User, and other related information and/or notices. If User wishes to opt out of any marketing and/or promotional contacts, please consult the Privacy Terms.

Administration of RIM; Submissions

Various components of RIM invite User input and/or submission of information. Each User is solely responsible for his/her submissions and the content thereof. By providing feedback and/or uploading information, documents, and other materials to RIM, User agrees to comply with these Terms, as well as other terms and conditions and/or policies governing the use of RIM. User also agrees not to submit any content and/or materials that are offensive, pornographic, obscene, explicit, threatening, fraudulent, misleading, or otherwise objectionable. User shall not upload any content and/or materials in violation of copyright, patent, or trademark laws.


In the event that a third party copies, distributes, or otherwise uses content, submissions, and/or other materials that User has provided through, or in relation to, RIM without a license or grant of authority to do so, User grants to CW REDS and/or RI the right to pursue appropriate legal action or other remedies.


Where submissions are made in violation of these Terms, or in violation of the laws of the United States and/or other applicable jurisdictions, each of CW REDS and RI reserves the right to remove such content from RIM. The removal of such information and where necessary, the termination of user accounts and/or the banning of certain Users from RIM, is within CW REDS’s/RI’s sole discretion, and shall not serve as cause for lawsuit, injunction, or any other remedies, whether legal or non-legal.


By providing information through posting, inputting, submitting, or otherwise sharing, where such postings, inputs, submissions, or shares relate to the operation of RIM, CW REDS’s and/or RI’s business, User grants to CW REDS and RI (and where necessary, CW REDS’s and RI’s affiliates and any required sublicensees) an irrevocable license to distribute, reproduce, edit, share, copy, and display User’s submissions.

Limited License Granted

By using RIM in accordance with these Terms, as well as all other policies and procedures governing the use of RIM and, where required, the registration and creation of an account, User is granted a limited license to access and use the Services that are provided on RIM; provided, however that CW REDS and RI reserve the right to revoke such license at any time and for any reason and further reserve the right to revoke User’s access to RIM, either temporarily or permanently, at any time, and for any reason. This license does not give User the permission to redistribute, share, lease, loan, sell, or otherwise distribute the Services. CW REDS and RI reserve all rights, authority, and interest not otherwise granted under this license.

Intellectual Property

Unless otherwise provided, all information, looks, marks, images, icons, graphics, slogans, and other materials provided on this website, as well as the underlying software for RIM are copyrighted, licensed, and/or otherwise protected by intellectual property rights. By using RIM, User agrees to abide by any and all copyright and intellectual property protections. Furthermore, User promises not to use CW REDS’s or RI’s logos, marks, copyrights, or other information in such a way that would create an impression that User owns, has a right to license, or is associated with such items. All data and information that User obtains from RIM is intended solely for User’s individual use, and shall not be distributed or otherwise used for any other purpose.


In the event that User becomes aware of a violation of, or infringement upon, any of CW REDS’s or RI’s intellectual property rights, licenses, or otherwise, User agrees to notify CW REDS or RI (as applicable) immediately. The ownership of, and rights in, all of the Services, patents, trademarks, copyrights, and other rights and title shall be the sole and exclusive property of CW REDS and/or RI (as applicable).

DMCA Policy

Each of CW REDS and RI is committed to complying with U.S. copyright and related laws and expects all Users to do the same when using RIM and/or any of the Services. Toward this end, Users may not store any material or content on, or access, share, or disseminate any material or content over, RIM and/or any of the Services that in any manner infringes third party intellectual property rights.


The Digital Millennium Copyright Act (“DMCA”) provides copyright owners with a process for notifying service providers of alleged copyright infringements made by the service provider’s users. See 17 U.S.C. § 512. The following requirements are intended to comply with CW REDS’s and RI’s rights and obligations under the DMCA, including 17 U.S.C. § 512(c) and (g), but do not constitute legal advice. It may be advisable to contact an attorney regarding any person’s rights and obligations under the DMCA and other applicable laws.


Providing a Notification

In the event that a copyright owner (or a person authorized to act on behalf of a copyright owner) has a reasonable belief that infringement is occurring in relation to RIM and/or Services, that copyright owner should submit a notification of claimed copyright infringement to the Designated Agent for CW REDS and RI, as follows:


Legal Department
CW Financial Services LLC
900 19th Street NW, 8th Floor
Washington, DC 20006
Phone: 202-715-9500
Email: legal@cwcapital.com


NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under 17 U.S.C. § 512.


Valid notification must be a written communication that includes all of the following elements:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Once the Designated Agent receives a notice of claimed infringement that satisfies the requirements of the DMCA, CW REDS and/or RI will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. CW REDS and/or RI will also notify the affected User if any of these actions are taken. CW REDS and/or RI may provide any complaining party’s contact information, including the email address and the name of the copyright owner, and/or details of the complaint to the User who posted the allegedly infringing content.


UNDER THE DMCA, ANYONE WHO KNOWINGLY MAKES MISREPRESENTATIONS REGARDING ALLEGED COPYRIGHT INFRINGEMENT MAY BE LIABLE TO CW REDS, RI, THE ALLEGED INFRINGER, AND THE AFFECTED COPYRIGHT OWNER FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE REMOVAL, BLOCKING, OR REPLACEMENT OF ALLEGEDLY INFRINGING MATERIAL. See 17 U.S.C. § 512(f). In all events, all Users expressly agree that neither CW REDS nor RI will be a party to any disputes or lawsuits regarding alleged copyright infringement.


Providing a Counter-Notification

If a notice of alleged copyright infringement under the DMCA has been wrongly filed against a User, that User may submit a counter notification to the Designated Agent using the contact information identified above. All counter notifications must satisfy the requirements of § 512(g)(3) of the DMCA.

A valid counter notification must be a written communication that includes all of the following elements:

  • A physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • User’s name, address, and telephone number, and a statement that User consents to the jurisdiction of the federal district court for the judicial district in which the address is located, or if User’s address is outside of the U.S., for any judicial district in which the service provider may be found, and that User will accept service of process from the complainant.


Upon receipt of a valid DMCA counter notification, as described above, CW REDS and/or RI will provide the person who provided the valid notification under the DMCA with a copy of the counter notification and inform such person that CW REDS and/or RI will replace the removed material or cease disabling access to it in 10 business days. Thereafter, CW REDS and/or RI will replace the removed material and cease disabling access to it no less than 10, nor more than 14, business days following receipt of the counter notification, unless the Designated Agent first receives notice from the person who provided the notification under DMCA § 512(c)(1)(C) that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on RIM and/or the Services.


Repeat Infringers

Pursuant to the DMCA, it is each of CW REDS’s and RI’s policy to terminate the account of repeat copyright infringers in appropriate circumstances. Any User account for whom CW REDS and/or RI receives multiple DMCA notifications from copyright owners will be treated as a “repeat infringer.” Each of CW REDS and RI reserves the right to identify a User as a repeat infringer upon receiving any number of DMCA notifications. In determining whether to terminate repeat infringers, CW REDS and/or RI may consider one or more of the following factors or other factors as CW REDS and/or RI deems appropriate:

  • The nature of the allegations in each notification (e.g., indications that the infringement is isolated or widespread).
  • The length of time the User’s account has been active.
  • The length of time between successive takedown notices.
  • Whether the User submitted a counter notification in relation to previous takedown notices under the DMCA.


Each of CW REDS and RI reserves the right to terminate Services at any time with or without notice for any affected User who CW REDS and/or RI, in its/their sole discretion, believes is infringing any copyright or other intellectual property rights.

Disclaimer of Warranties

USER EXPRESSLY AGREES THAT USE OF RIM AND RELIANCE ON ITS CONTENT IS AT USER’S OWN RISK. THE SITE, CONTENT, AND SOFTWARE IS PROVIDED ON AN “AS-IS; AS-AVAILABLE” BASIS, AND CW REDS AND RI, THEIR AFFILIATES AND SUBSIDIARIES, AND ANY THIRD-PARTY SUPPLIERS AND/OR LICENSORS EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES. SUCH DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY.


Neither CW REDS nor RI makes any representations or warranties, express or implied, regarding the accuracy of information on RIM. Access to the Services may be delayed, unavailable, or otherwise restricted at any time, and neither CW REDS nor RI makes any representations or warranties regarding the reliability and/or accessibility of the Services. Each of CW REDS and RI may elect at any time to suspend, alter, or stop Services, and neither will be liable to User for doing so. Where information on RIM has been submitted or provided by third parties, neither CW REDS nor RI accepts any liability, responsibility, or otherwise for such content, or for actions that may arise as a result of such content. Furthermore, neither CW REDS nor RI makes any warranties or representations regarding the utility, accuracy, or truthfulness of such content, and expressly disclaims the endorsement of the content, products, services, or links made available by such third parties.

Limitation of Liability

Unless otherwise required by law, User agrees to hold harmless the sellers, real estate agents and brokers, and CW REDS, RI and their respective employees, agents, principals, affiliates, directors, attorneys, advisors, and subsidiaries (“Representatives”) for any injuries or damages resulting from errors, omissions, failures of performance, interruption, delays, defects, connectivity issues, browser issues, or otherwise. These limitations and exclusions apply regardless of whether any damages or claims arise from breach of contract, negligence, or any other cause of action, unless such exclusions are otherwise prohibited by applicable law.


EACH OF CW REDS AND RI DISCLAIMS ALL RESPONSIBILITY FOR ANY DAMAGES, LOSS, CLAIMS, OR OTHERWISE RESULTING FROM THE INABILITY TO USE THE SERVICES, OR FROM ANY ACTION TAKEN AS A RESULT OF USING THE SERVICES. NEITHER CW REDS NOR RI IS LIABLE TO USER OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING FROM ALLEGED NEGLIGENCE, TORT, OR OTHERWISE, REGARDLESS OF WHETHER CW REDS AND/OR RI HAS BEEN INFORMED OF THE POSSIBILITY AND/OR LIKELIHOOD OF SUCH DAMAGES.

Indemnity

User agrees to hold CW REDS and RI, and their respective Representatives harmless from any claim and/or demand, including a claim for attorneys’ fees, made by any third party, where such claim or demand arises from User’s use of RIM and any breach of these Terms.


Where such a claim or demand arises, User agrees to permit CW REDS or RI, as applicable, to defend such claim. User acknowledges that, absent the express written consent of CW REDS or RI (whichever is applicable), User has no right to settle or negotiate a claim for which CW REDS or RI is named as a defendant or for which User has indemnity obligations.

Waiver of Class Action

As a condition of using RIM, User agrees and acknowledges that any claims or causes of action arising out of or connected with these Terms shall be resolved individually, without resorting to a class or representative action. By continuing to access or use RIM, User explicitly consents to the waiver of such class and representative actions.

Privacy

Please review the Privacy Policy and Sale Event Terms.

Legal Compliance

User’s continued access and use of RIM serves as acknowledgement that User will comply with all applicable laws, regulations, and ordinances, whether they be federal, state, local, or of another country and applicable to User regarding User’s use of RIM, and User’s bidding on, marketing, soliciting of offers to purchase, and selling of property.


By using RIM, User represents he/she and any entity of which User is acting on behalf have knowledge of, and are, in compliance with: (1) any applicable anti-bribery, anti-money laundering, or anti-corruption laws or regulations whether of the United States (“U.S.”) or of any other jurisdiction where User or any entity of which User is acting on behalf conducts business or has a legal presence; (2) the export control laws of the U.S. administered by the U.S. government (including, but not limited to, the Departments of Commerce, State, Energy and Agriculture); (3) the economic sanctions laws of the U.S. administered by the Office of Foreign Assets Control (“OFAC”), Department of the Treasury, and by the Department of State, and in this regard, User represents that (a) any entity of which User is acting on behalf is not 50% or more owned (directly or indirectly) by an individual or entity on OFAC’s List of Specially Designated Nationals and Blocked Persons (“SDN List”), and (b) neither User nor any entity of which User is acting on behalf owns 50% or more of an entity on the SDN List; (4) the laws governing foreign investment in the U.S. administered by the Committee on Foreign Investment in the U.S. (“CFIUS”), Department of Treasury, particularly as they apply to real estate transactions; (5) the anti-boycott laws administered by the U.S. Departments of Commerce and Treasury; and, (6) all material laws in each jurisdiction where User or any entity of which User is acting on behalf conducts business or has a legal presence.

Applicable Law

By using RIM, User agrees that applicable federal law and the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms and any dispute that might arise between User and CW REDS. User agrees that venue for any such disputes shall be located in the state and federal courts located in Maryland. User also waives any right to claim that such forum is inconvenient.

Assignment

CW REDS and/or RI may assign these Terms, in whole or in part, at any time. Such assignment is permitted regardless of whether or not CW REDS and/or RI gives notice to User of such assignment.

No Waiver

CW REDS’s and/or RI’s failure to enforce and/or exercise any provision of these Terms does not constitute a waiver of such provision.

Entire Agreement

These Terms set forth the entire understanding among User, CW REDS, and RI with respect to the subject matter hereof.

Severability

Should any provision of these Terms be held invalid or unenforceable, that provision shall be struck, and the remainder of the Terms shall remain in effect.

Nonrefundable Fees

All fees paid in connection with this site are non-refundable. User agrees to pay all such fees as are required for User’s use of the site.