TERMS & CONDITIONS
RISCCON, LLC
1041 Glassboro Rd, Suite F-3
Williamstown, NJ 08094
info@risccon.com
By subscribing to RISCCON, you become a "Member" of RISCCON, LLC, ("RISCCON"). RISCCON offers services to you, the Member, conditioned on your agreement to adhere to the following Terms of Use without modification of any kind.
Member's agreement with RISCCON and/or use of RISCCON's services constitutes Member's acceptance to these Terms of Use. These Terms of Use are subject to change by RISCCON, in its sole discretion, at any time, without prior notice.
Based upon the Member's agreement to adhere to these Terms of Use, RISCCON grants and conveys to the Member, during the term of Member's free trial, Membership and/or paid Membership, a non-exclusive, non-transferable license to use the data, information and services provided through the RISCCON website subject to the License Restrictions detailed below.
License Restrictions
Member represents, warrants, affirms and agrees that the data, information and services provided by RISCCON to Member will only be used by Member and that Member will not permit or allow the data, information and services to be used by an agent, representative, consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity. Member further represents, warrants, affirms and agrees that Member will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by RISCCON to Member in any medium, form, manner or format whatsoever, for any purpose.
Proprietary Rights
Member represents, warrants, affirms and agrees that the data, information, services and RISCCON name are proprietary information and property of RISCCON, its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. Member's membership only allows Member to use the data, information and services subject to the express limitations and restrictions provided for in these Terms of Use.
Consequences of Non-Compliance with Terms of Use
At any time that RISCCON believes, in its sole discretion, that the Member has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use, RISCCON may immediately terminate the Member's membership and Member agrees that Member's sole remedy for such termination of Member's membership shall be to receive a pro-rata refund of the membership fee paid by Member for the remaining days of the then current term of prepaid fees. Nothing stated herein shall limit RISCCON's right to pursue all claims and causes of action it may have against the Member for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney's fees and court costs.
Terms of Membership
The term of Member's membership is based upon the agreed upon term (e.g. monthly, quarterly, semi-annually or annually) and shall automatically renew for indefinite successive renewal terms for the same period as the initial term unless terminated by Member or RISCCON. However, if the Member accepts a special introductory promotional offer for a membership, then at the conclusion of the specific initial term of the special introductory promotional offer term, the membership shall automatically renew on a month-to-month basis for indefinite successive renewal terms at the then prevailing regular published monthly rate at time of renewal until terminated in accordance with the provisions of these Terms of Use. If Member registers for a free trial, the initial term begins at the end of the free trial period, unless the Member cancels within the free trial period.
Termination
RISCCON reserves the right to cancel services to any Member at any time. The Member may cancel the Member's subscriptions at any time. All fees due to RISCCON up to the end of the then current term billing cycle at time of termination shall remain payable to RISCCON unless otherwise specifically provided otherwise to the Member in a related specific promotional offer.
The Member may terminate the membership contract by one of five ways:
1. By e-mailing a cancellation request to info@RISCCON.com at least five (5) days prior to the desired cancellation date.
2. By telephoning a cancellation request to 856-885-9455 during business hours of 9am to 6pm EST Monday through Friday.
3. By faxing a cancellation request to 856-827-0035 at least five (5) days prior to the desired cancellation date.
4. By mailing a cancellation request at least ten (10) days prior to the desired cancellation date to RISCCON, 1041 Glassboro Rd, Suite F-3, Williamstown, NJ 08094.
Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Member's Membership.
Member Services
RISCCON allows Members to submit requests for service to independent third-party real estate and other related service providers. Members agree to supply RISCCON with information about themselves and the property they want to sell or hope to buy. RISCCON will use this information to provide certain details on an anonymous or non-anonymous basis to third-party affiliates who are, in most cases, members of its network. As RISCCON uses e-mail and telephones to provide RISCCON services, all RISCCON Members hereby consent to receive e-mails and telephone calls from RISCCON to qualify for and participate in RISCCON services. RISCCON Members consent to receive e-mails and telephone calls from third parties, as RISCCON Member's service requests to and/or through RISCCON may require services from these third parties.
Member affirms that all of the information Member provides to RISCCON, whether online or otherwise, is accurate and complete. Member also agrees to update RISCCON with current and accurate information, if at any time the information Member provided to RISCCON changes. RISCCON reserves its right to terminate or suspend access to RISCCON services to any Member whose information RISCCON believes, at RISCCON's sole discretion, to be inaccurate or misleading.
RISCCON may refer Professional Service Providers, mortgage lending or other service providers (collectively, "Service Providers") to Members. The terms of any agreement between a Member and any Service Provider referred by RISCCON are not endorsed, warranted, guaranteed, recommended or otherwise known to or by RISCCON.
For its services and referrals, RISCCON may receive payment from Service Providers. Membership with RISCCON and use of RISCCON services constitutes Member's acknowledgment of an agreement to this compensation arrangement.
RISCCON may from time to time offer eligible Members promotional opportunities. Not all Members may be eligible to receive all promotional opportunities.
Real Estate Broker/Agent Services
The RISCCON Agent Network is a service provided to registered RISCCON Members that allows potential home sellers and homebuyers to request help from real estate brokers/agents. Members must provide information relevant to the real estate transaction. This information is forwarded to selected local brokers/agents ("Professional Service Provider") who have registered with RISCCON to receive such information. All such brokers/agents are independent third parties to RISCCON. RISCCON makes no representation or warranty as to the quality or qualification of any Professional Service Provider referred to Member. It is the Member's responsibility, and RISCCON encourages this for all Members, to independently investigate the qualifications of each Professional Service Provider prior to entering any agreement. RISCCON is not a party to, and has no knowledge of specific terms of, any agreement between any Professional Service Provider and the Member. To use this service, Member must consent to receive e-mails and telephone calls from RISCCON and from Professional Service Provider referred to Member by RISCCON.
Property Posting Services
Members may post properties for sale on RISCCON to market those properties to other RISCCON users. Member affirms that all of the information and content Member provides to RISCCON, whether online or otherwise, is accurate and complete. Member also agrees to update RISCCON with current and accurate information, if at any time the information Member provided to RISCCON changes. RISCCON reserves its right to terminate or suspend access to RISCCON services to any Member whose information RISCCON believes, at RISCCON's sole discretion, to be inaccurate or misleading or otherwise objectionable.
Member agrees to only provide content that member is authorized to provide by law or contractual agreement and that does not violate any other agreement, contract with a third party or the property rights of a third party.
Member further agrees not to provide any information or content to RISCCON, whether online or otherwise, that is unlawful, harmful, malicious, hateful, cruel, offensive, defamatory, slanderous, libelous, derogatory or objectionable in any other way.
Grant of License to RISCCON
A Member who posts properties for sale on RISCCON grants to RISCCON an unlimited, unrestricted and royalty-free license to publish and display all, part or a modified version of the content provided by the member on any RISCCON controlled or sponsored website and on all other RISCCON controlled or sponsored publications and services. Furthermore, a Member who posts properties for sale with/to RISCCON, grants RISCCON permission to distribute, by e-mail or otherwise, all, part or a modified version of the content provided by the Member to all RISCCON users, partners and affiliates and to any media RISCCON shall deem advisable in its sole determination for marketing purposes.
Other Service Providers
From time to time RISCCON may include on its websites third-party Service Providers such as a moving, magazine or a mortgage service provider. RISCCON posts these services on its websites as a service to its Members. RISCCON is not responsible for and makes no warranty or representation as to the quality or performance of the services offered by or through these other Service Providers. It is the Member's responsibility, and RISCCON encourages this for all Members, to independently investigate the qualifications of each Service Provider and to carefully review each Service Provider offering prior to entering into any engagement.
RISCCON is not responsible or liable for any acts or omissions created or performed by these other Service Providers. RISCCON's websites may contain links to websites maintained by third-party Service Providers. Such links are provided for Member convenience and reference only. RISCCON does not operate or control, in any respect, any information, software, products or services available on such websites. RISCCON's inclusion of a link to such websites does not imply any endorsement, warranty, guarantee or recommendation of these websites, contents, products or services of the sponsoring organization.
Third-Party Content and Screening
RISCCON is a data aggregator of content supplied by third parties and Members and as such does not have editorial control over the opinions, advice, statements, services, offers or other content provided, expressed or implied by third parties, including other Members of RISCCON. RISCCON reserves the right, but is not obligated, to screen and review any content provided to RISCCON and remove or edit any content, if it does not comply with laws, rules or regulations, or for any other reason RISCCON deems relevant.
Modification of RISCCON Services
RISCCON reserves the right to modify or discontinue any service, portion or attribute thereof, and the offering of any information, goods, content or product, with or without notice to any Member. RISCCON is not liable to any Member in the event that RISCCON exercises its right to modify or discontinue any service.
A. PAYMENT OF CHARGES RISCCON may charge a monthly membership fee but other term time periods are available. The membership fee is calculated from the day of the term (usually monthly, but can include three month, six month, yearly, etc.) that the Member's paid membership commences. The Member agrees that if the Member applies for a free trial membership and does not cancel trial membership, the Member authorizes RISCCON to convert the Member's trial membership into a regular membership for the term they selected effective on the end of the trial period following the Member's initiation of the trial membership. The Member authorizes RISCCON to, and the Member agrees that RISCCON may, charge to the Member's credit card, debit card or bank account, in advance, the Member's regular membership fee for each agreed upon term of the Member's selected membership term. The Member authorizes RISCCON to, and the Member agrees that RISCCON may, modify and/or change the term membership fee charged to the Member upon thirty (30) days notice to the Member sent by e-mail. The term membership fee, when paid, is non-refundable and accrues on the first day of each term and/or successive renewal term until canceled, regardless of whether or not the Member accesses the database. Notwithstanding the language in this paragraph, if the membership resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control. B. On Time Payment The Member is required to pay all charges on time and agree to submit an accompanying payment authorization in connection with these charges when requested by RISCCON. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. RISCCON may terminate or disable the Member's participation in RISCCON services if the Member fails to pay fully and in a timely manner all amounts due to RISCCON. If the Member's credit card expires or is otherwise declined for payment, access to RISCCON services and websites can be modified or suspended without notice to the Member. If any Member payment is more than thirty (30) calendar days past due, interest pro-rated daily, at the rate of 15 percent per annum on the outstanding balance, or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges and/or any other outstanding balance (if any), plus this assessment, will become immediately due and payable. The Member shall pay all costs of collection, including legal fees, incurred by RISCCON. The Member is responsible for any premium charges incurred in connection with the use of information, content, goods, products or services that are provided at an extra cost. All fees are quoted and payable in United States Dollars. The Member is also responsible for paying all applicable taxes for information, content, goods, products or services and any other costs incurred in connection with the use of or access to RISCCON and its websites. C. Payment Methods The Member's complete billing address and telephone number must be provided to process payments. RISCCON accepts major credit cards including Visa, MasterCard and American Express and may accept bank drafts, including personal checks, money orders, cashiers checks, and company checks sent by mail. However, for mailed payments, RISCCON does not offer a free trial and may not credit the applicable account until additional procedures are completed and after RISCCON's bank certifies receipt of funds - typically five (5) business days. RISCCON may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason. D. Account Discrepancies
A Member may contact RISCCON Customer Service by e-mail at info@RISCCON.com or telephone at 856-885-9455 concerning charges or other questions regarding the status of the Member Account. However, if the Member's account questions are not satisfactorily resolved within fifteen (15) business days of Member's calling or sending an e-mail, and in no event later than ninety (90) days after a questionable account billing or other discrepancy should have been discovered, the Member must write to the Customer Service Department, RISCCON LLC, 1041 Glassboro Rd, Suite F-3, Williamstown, NJ 08094, delivered by United States mail or by fax to 856-827-0035. Otherwise, any and all such Member complaints are waived.
DISCLAIMERS AND LIMITATIONS
RISCCON attempts to ensure that the information contained in its websites is accurate and reliable; however, errors sometimes occur. RISCCON Inc. does not guarantee the accuracy of the information contained in this site and instructs you to independently verify the accuracy of the information provided. In addition, RISCCON may make changes and improvements to the information provided herein at any time. THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED "AS IS." RISCCON, ITS SUPPLIERS, PARTICIPATING LENDERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND SERVICE PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE MEMBER'S USE OF RISCCON'S SERVICES, THE MEMBER AGREES AND ACKNOWLEDGES THAT THE MEMBER'S USE OF ALL RISCCON INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH RISCCON AND/OR ITS WEBSITES IS AT THE MEMBER'S OWN RISK. RISCCON AND/OR ITS SUPPLIERS AND PROVIDERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF RISCCON'S SERVICES OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE MEMBER, IF THE MEMBER RESIDES IN SUCH A JURISDICTION.
INDEMNITY
As a condition of use of RISCCON websites, the Member agrees to indemnify RISCCON and its suppliers, distributors, or other Service Providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Member's use of RISCCON's services, including without limitation, any claims alleging facts, that if true, would constitute a breach by Member of this Agreement by the Member.
DISPUTE RESOLUTION
The Member agrees that any claim or controversy, arising out of or relating to the use of RISCCON's services, to the goods or services provided by RISCCON, or to any acts or omissions for which the Member may contend RISCCON is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Gloucester County, New Jersey. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to RISCCON. In any arbitration, RISCCON will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration being paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a court of competent jurisdiction in Gloucester County, New Jersey. Member and RISCCON agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN THE MEMBER AND RISCCON WILL BE RESOLVED BY BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA. THE MEMBER THUS GIVES UP THE MEMBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE MEMBER'S RIGHTS. THE MEMBER ALSO GIVES UP THE MEMBER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. THE MEMBER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE MEMBER AND RISCCON RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE THAT SUCH CLAIMS FOR INJUNCTIVE RELIEF MAY ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN GLOUCESTER COUNTY, NEW JERSEY.
OTHER TERMS
These Terms of Use shall be subject to and construed in accordance with the laws of the State of New Jersey, excluding its conflict of laws principles. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.