and are subject to when accessing or using the RIMSCentral.com web site. By accepting
the terms of this Agreement, you accept all aspects of the Agreement. Each time
you access the RIMSCentral.com web site, you re-affirm your consent to the then-existing
2. Meaning of Terms
In this Agreement,
a. "RIMSCentral.com" means the RIMSCentral.com Internet service operated by ExactBid,
LLC, a California corporation.
b. The "Site" and the "Website" refer to the website www.rimscentral.com.
c. "Real-estate Professional" means a licensed real-estate appraiser, environmental
consultant, property inspector, or other contractor or company who provides products
or services to the real-estate domain.
d. "RIMS" refers to the Real-estate Information Management System that ExactBid
provides to lenders and other entities who order products and services from Real-estate
e. "RIMS Customer" refers to lending institutions that use RIMS and have established
a relationship with Real-estate Professionals.
f. "Basic Service" refers to the basic functionality of RIMSCentral, provided at
no cost to Users, which includes the receipt and response to bidding opportunities
from RIMS Customers, acceptance of assignments from RIMS Customers, centralized
maintenance of User contact information, certifications, and insurance policies,
and other basic features of RIMSCentral as enumerated in the Site and associated
g. "Premium Service" refers to additional optional services that may be offered
by ExactBid from time to time to augment the User experience, whether at no charge
or for a fee, as enumerated in the Site and associated User documentation.
h. "User" means any user of the RIMSCentral.com service.
i. "You" refers to any User of the Site
3. Use of Material
a. You are granted a nonexclusive, nontransferable, limited license to access and
use the Site in accordance with this Agreement.
b. All right, title, and interest (including all copyrights and other intellectual
property rights) in RIMSCentral.com belong to ExactBid.
c. The contents of RIMSCentral.com, such as text, graphics, images and other material
("Material") are protected by copyright under both United States and foreign laws.
Unauthorized use of the Material may violate copyright, trademark and other laws.
You must retain all copyright and other proprietary notices contained in the original
Material on any copy you make of the Material.
4. Access to RIMSCentral.com
a. Information, products, software, services and features may be added to or withdrawn
from the Site at ExactBid’s sole discretion, without notice.
b. RIMSCentral.com may contain links to third party Web sites. These links are provided
solely as a convenience to you and not as an endorsement by ExactBid of the contents
of such third-party Web sites. RIMSCentral.com is not responsible for the content
of linked third-party sites and does not make any representations regarding the
content or accuracy of materials on such third party Web sites. If you decide to
access the linked third-party Web sites, you do so at your own risk.
5. Modification or Discontinuation of Service
a. ExactBid does not guarantee continuous, uninterrupted or secure access to our
services, and operation of the Site may be interfered with by numerous factors both
inside and outside of our control. From time to time, system maintenance will be
necessary, and, under such circumstances, ExactBid may notify its Users in advance
by posting a message on the Site and/or sending an e-mail notice to registered members'
b. ExactBid reserves the right to modify or discontinue the site or any portion
thereof with or without notice to any User.
c. ExactBid shall not be liable to any User or other party should ExactBid exercise
its right to discontinue the site.
6. System Integrity
a. As a User you agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site or any service being performed
by the Site.
b. As a User you agree not to take any action that imposes an unreasonable or disproportionately
large load on our infrastructure.
7. Premium Services: RIMSCentral Professional Edition, RIMSCentral Listing Service
The following additional terms and conditions apply to subscribers to these services.
a. You warrant and agree that you are of legal age and otherwise capable of forming a binding legal contract.
b. Your subscriptions have a term of one year, and will be extended for an additional year automatically under the same payment terms unless cancelled.
c. You may cancel your RIMSCentral Professional Edition subscription in accordance with the cancellation policy described in Section 8.
8. Cancellation Policy: RIMSCentral Professional Edition, RIMSCentral Listing Service
All RIMSCentral subscriptions have a term of one year. You may cancel your subscription at any time during this year and a refund
will be credited to you in the same form as your original payment.
Subscribers who have elected to pay monthly subscription fees
can cancel at any time; pending charges for any future months remaining in the subscription period will not be processed.
Subscribers that elected an annual payment option will be credited with any unused balance; balance is calculated by subtracting
the economic value of months used (standard rate X #months) from the original payment amount.
Any discounts for annual payment are forfeit upon cancellation. Credits for cancellations will be processed within one week of the
9. Warranty Disclaimer
THE WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND EXACTBID EXPRESSLY
DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
10. Limitation of Liability
ExactBid shall not be liable for any loss, injury, claim, liability, or damage of
any kind resulting from, arising out of or any way related to any errors in or omissions
from ExactBid, the unavailability or interruption of RIMSCentral.com or any portion
thereof, your use of RIMSCentral.com, or any delay or failure in performance by
11. User Representations; Indemnification
a. You hereby represent and warrant that (a) any information you have provided to
RIMSCentral.com is true and accurate, (b) you will at all times comply with all
applicable laws, rules, and regulations with respect to your use of RIMSCentral.com,
(c) you will comply at all times with this Agreement.
b. You will indemnify and hold ExactBid harmless against any and all judgments,
settlements, penalties, costs and expenses (including attorneys' fees) paid or incurred
in connection with claims due to, resulting from or arising in connection with activities
and information which are performed, made, distributed, displayed, transmitted or
published by you, including but not limited to those attributable to (a) infringement,
misappropriation or violation of any copyrights or other proprietary rights of any
third party, and (b) errors in or omissions from such activities and information.
13. Trademarks and Service Marks
, and RIMSCentral®
are trademarks and/or service marks of ExactBid, LLC. in the United States and other countries.
The absence of a name or logo on the above list does not constitute a waiver of any intellectual property rights that ExactBid
has established in any of its products, features, service names, or logos. ExactBid reserves all rights with respect to its trademarks,
service marks, logos, trade names, etc. Any unauthorized use of any ExactBid owned mark is strictly prohibited.
Rights or a license to use any such Mark may only be granted by a formal written license agreement signed by an authorized officer of ExactBid.
a. This Agreement may be changed from time to time and posted on the Site. Continued
use of RIMSCentral.com following any change constitutes acceptance of the change.
b. The Agreement shall be governed by and construed in accordance with all applicable
California and Federal laws. Both parties submit to jurisdiction in San Jose, California.
c. Should any part of this Agreement be held invalid or unenforceable as written,
that portion shall be reformed to reflect the original intentions of the contract
and the remaining portions will remain in full force and effect. If the contemplated
purpose of any provision of this Agreement be held unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this Agreement
and shall not affect the validity and enforceability of any remaining provisions.
d. Our failure to act with respect to a breach of this Agreement by you or others
does not waive our right to act with respect to subsequent or similar breaches.