Terms of Use
Effective December 15, 2011
Renwood RealtyTrac LLC. ("RealtyTrac," "we," or "us")
One Venture Plaza, Suite 300
Irvine, CA 92618
info@realtytrac.com
By
registering with RealtyTrac, you become a registered user and a
"Member", whereby RealtyTrac offers certain services to you, the
Member, conditioned on your agreement to adhere to the following terms of use
("Terms of Use").
Member
accepts these Terms of Use by registering as a Member and using RealtyTrac's website (the "Site") or the
services, information, goods, content, or products made available through the
Site (each a "Service" or, collectively, the "Services").
These Terms of Use are subject to change by RealtyTrac, in its sole discretion,
at any time, without prior notice to you. Your continued access to or use of
the Site or the Services after such changes have become effective constitutes
your conclusive acceptance of the modified Terms of Use.
Upon
registration as a Member, you self select a username and password. It is your
responsibility to maintain the confidentiality of that username and password,
as you will be responsible for all activity transacted under that username and
password through the Site. If you believe your username or password have been compromised, you should change them
immediately via the Site and contact Customer Service at 1-800-905-1648.
1. License and Copyright
The
content of the Site, including without limitation, its "look and
feel" (e.g., text, graphics, images, logos, and button icons), editorial
content, data, information, notices, software (including HTML or XML-based
computer programs) and other material (collectively, the "Content"),
are protected under both United States and foreign copyright, trademark, and
other laws. The Content belongs or is licensed to RealtyTrac. We hereby grant
you the right to view and use the Site subject to these Terms of Use. You may
download or print a copy of Content for internal use only. Permission to
reprint or electronically reproduce any Content in whole or in part for any
other purpose is expressly prohibited, unless prior written consent is obtained
from us.
Member grants to RealtyTrac an unlimited, unrestricted, irrevocable, perpetual
and royalty-free license to publish and display, in accordance with applicable
law, all, part or a modified version of any information, data or other content
that Member provides via the Site or any other RealtyTrac-controlled or
sponsored website or RealtyTrac-controlled or sponsored publications and
services ("Member Content"). Furthermore, any Member who posts Member
Content on the Site or any RealtyTrac-controlled or sponsored website,
including without limitation, properties for sale, hereby grants to RealtyTrac
the right to distribute, by e-mail or otherwise, all, part or a modified
version of such Member Content to any third party, including any media
RealtyTrac may deem advisable in its sole determination for marketing purposes.
If you believe any Content infringes your copyright rights, please provide our
Copyright Agent with the following information: (1) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; (2) a description of the copyrighted work that you claim has
been infringed; (3) a description of the photograph that you claim is
infringing and where it is located on the Site; (4) your address, telephone
number, and email address; (5) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner,
its agent or the law; (6) a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf. Our
Copyright Agent for notice of claims of copyright infringement can be reached
as follows: General Counsel, Renwood RealtyTrac LLC., One
Venture Plaza,
Suite 300,
Irvine,
CA 92618.
2. Services
a.
Member Service Requests
RealtyTrac allows Members through the Site to submit requests for Services to
independent third-party real estate brokers and agents ("Professional
Service Providers"), as well as third-party providers of related services,
including but not limited to mortgage, moving, and magazine services (providers
of such services and Professional Service Providers collectively, "Service
Providers"). Members who make such requests to Service Providers hereby
agree to supply RealtyTrac with information about themselves and the property
they want to sell or hope to buy, and hereby permit RealtyTrac to provide some
or all of this information to third parties. As RealtyTrac uses e-mail and
telephones to provide the Services, all RealtyTrac Members hereby consent to
receiving e-mails and telephone calls from RealtyTrac to qualify for,
participate in, and otherwise receive the Services. Member also consents to
receiving e-mails and telephone calls from Service Providers and other third
parties, as Member's requests for Services may require services from such third
parties.
Member affirms that all of the information Member provides to RealtyTrac,
whether through the Site or otherwise, is accurate and complete. Member also
agrees to update RealtyTrac with current and accurate information, if at any
time the information Member provides to RealtyTrac changes.
RealtyTrac may from time to time offer eligible Members promotional
opportunities, such as alternative membership products, training courses and
publications. Not all Members may be eligible to receive all promotional
opportunities.
b.
Real Estate Broker/Agent Services
The RealtyTrac Agent Network is a Service provided to Members that allows
potential home sellers and home buyers to request Services from Professional
Service Providers, as more fully set forth on the Site. Members using the
RealtyTrac Agent Network must provide RealtyTrac with information relevant to
the applicable real estate transaction, and hereby permit RealtyTrac to forward
such information to selected Professional Service Providers who have registered
with RealtyTrac to receive such information. Members acknowledge and agree that
all such Professional Service Providers are independent third parties with
respect to RealtyTrac. All real estate listings, prices and descriptions
provided on any such Professional Service Provider's website or on a website to
which you may be linked following your submission of a showing or listing
request are electronically placed on such websites by such third-party
Professional Service Providers and not by RealtyTrac.
c.
Property Posting Services
Members may post properties for sale on the Site for the purpose of marketing
those properties to other users of the Site and/or Services. Member represents, warrants and affirms that all of the information
and Member Content that Member provides to RealtyTrac, whether through the Site
or otherwise, is accurate and complete. Member also agrees to update RealtyTrac
with current and accurate information and associated Member Content, if at any
time such information Member previously provided to RealtyTrac changes.
d.
Other Services
From time to time RealtyTrac may make available through the Site third-party
Service Providers which may offer certain Services to Members, including
without limitation, moving services, magazines and mortgage services.
RealtyTrac makes such third-party Service Providers available through the Site
in exchange for a fee or other consideration from such third-party Service
Providers, and as a convenience to Members. Member hereby acknowledges and
agrees that it is Member's responsibility independently to investigate the
qualifications of each Service Provider and to review carefully each Service
Provider offering prior to entering into any engagement with such Service
Provider.
3. Limitations on Use
a.
Unless expressly authorized in these Terms of Use, the
Services and the Content may be used by Member solely for personal,
noncommercial purposes. The Services and the Content may not be shared with or
used by any of Member's agents, representatives, consultants, officers,
directors, shareholders or affiliates, or any third party, including through
joint marketing arrangements.
b.
Unless expressly authorized in these Terms of Use,
Member shall not: (i) disclose, use, distribute, publish, disseminate,
reproduce, reformat or modify the Services or the Content or any portion
thereof in any manner, (ii) transfer, sell, convey, resell, or sublicense the
Services or the Content or any portion thereof in any manner, (iii) permit any
parent, subsidiaries, affiliated entities or other third parties to use the
Services or the Content or any portion thereof, (iv) process any portion of the
Services or the Content, or permit any portion of the Services or the Content
to be processed with other data, information, editorial content, software
(including HTML or XML-based computer programs) or other material from any
other source, (v) allow access to the Services or the Content through any
terminals located outside of Member's operations, (vi) use the Services or the
Content to create, enhance or structure any database in any form for resale or
distribution, or (vii) use the Services or the Content to create derivative
work or derivative products of any kind.
c.
Member shall abide by all applicable federal, state,
and local laws and regulations of any kind governing fair information practices
and consumers' rights to privacy, including without limitation any applicable
non-solicitation laws and regulations.
d.
Member shall not use the Services or the Content: (i)
in conducting any marketing or telemarketing activities; (ii) for
redistribution or publication via the Internet; (iii) to create real estate
valuation models, programs or systems; (iv) for the purpose of extracting,
selecting or otherwise removing any data elements contained in the Services or
the Content for any reason; (v) in conducting real estate appraisal; (vi) for
the purpose of debt collection; (vii) in connection with evaluating risk,
underwriting, or marketing or selling insurance products of any kind, including
without limitation, life, health, long-term care, disability casualty,
umbrella, mortgage, title or property, or (viii) in connection with the
marketing or sale of legal services or products of any kind, including without
limitation, bankruptcy or real estate title/lien history.
e.
Member shall not use the Services or the Content: (i)
as a factor in establishing an individual's eligibility for credit or
insurance; (ii) in evaluating an individual for employment purposes; (iii) in
connection with a determination of an individual's eligibility for a license or
other benefit granted by a governmental authority; (iv) in a way that would
cause the Services or the Content to constitute a "consumer report"
under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; or (v) in any
other manner that would cause such use of the Services and/or the Content to be
construed as a consumer report by any authority having jurisdiction over any of
the parties.
f.
Member shall not use the Services or the Content in any
way that: (i) infringes any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy, (ii)
violates any law, statute, ordinance or regulation (including without
limitation the laws and regulations governing unfair competition,
anti-discrimination or false advertising), or (iii) is defamatory, trade
libelous, unlawfully threatening or unlawfully harassing.
g.
Member shall not remove, alter or obscure any
proprietary notices contained in the Services or the Content or other materials
provided by RealtyTrac hereunder, and shall reproduce all such notices on all
copies or portions thereof.
h.
Member represents, warrants, affirms and agrees that it
is authorized by law or contractual agreement to provide all Member Content
licensed to RealtyTrac hereunder, and that such Member Content or the provision
thereof does not violate any other agreement, third-party contract or the
proprietary rights of any third-party. Member further represents, warrants,
affirms and agrees that all Member Content licensed to RealtyTrac or otherwise
provided hereunder is not unlawful, harmful, malicious, hateful, cruel,
offensive, defamatory, slanderous, libelous, derogatory or objectionable in any
way.
4.
PAYMENT OF CHARGES
These
terms apply when a Member elects to convert his/her 3-Day Trial Membership into
a regular paid membership.
a.
Payment Term and Changes The fee to register as a Member on the Site
is normally assessed on a monthly basis, but other billing arrangements may be
made available to Members, in RealtyTrac's sole
discretion. The membership fee is calculated from the day upon which Member's
paid membership commences. Member agrees that if Member applies for a three (3)
free trial membership ("3-Day Trial
Membership") and elects to convert the Member's 3-Day Trial Membership
into a regular paid membership for the term selected,. Member will authorize RealtyTrac to charge Member's credit card, debit card or
bank account, in advance, for the amount of Member's regular membership fee for
each agreed term of the Member's selected membership term..
The membership fee, when paid, is non-refundable and accrues on the first
day of each term or successive renewal term until canceled, regardless of
whether or not the Member actually uses the Site, the Services or the Content.
Notwithstanding the language in this paragraph, if a membership resulted from a
special introductory promotional offer, then the terms of that specific
promotional offer shall control.
From time to time at its sole discretion, RealtyTrac may offer different
subscription terms on its Site, and the membership fees for such subscriptions
may vary.
The fee for a Member who has opted to make single property purchases is
assessed at the time of purchase. The purchase entitles the Member to online
access to the property(ies),
and that access shall expire thirty (30) days from the day of purchase. Single
property purchases are final, and there are no prorations.
Refunds or credits may be considered on a case by case basis where it is
determined the property data is incorrect or invalid; however, these terms and
conditions are generally controlled by the Disclaimers and Limitations set out
in Section 9 below.
Various Services and/or Content on the Site, whether offered by RealtyTrac,
third-party Service Providers or others, may require additional fees or
charges.
b.
On Time Payment
Member is required to pay all charges on time, and agrees to submit an
accompanying payment authorization in connection with these charges when
requested by RealtyTrac. Credit card transactions require an acceptable and
currently working/continuously valid credit card number/account. RealtyTrac may
terminate or disable Member's membership if Member fails to pay fully and in a
timely manner all amounts due to RealtyTrac. If Member's credit card expires or
is otherwise declined for payment, access to the Services and the Site may be
modified, suspended or cancelled, in RealtyTrac's
sole discretion and without notice to 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 such past due amounts, or the maximum allowable by
law, whichever is less, shall accrue, and the entire amount of unpaid charges,
plus this assessment, will become immediately due and payable. Member shall pay
all costs incurred by RealtyTrac with respect to collection of any past due amount,
including legal fees. Each time Member accesses or uses the Site or the
Services, Member affirms that RealtyTrac is authorized to obtain payment
through a selected payment method. All fees are quoted and payable in United
States Dollars. Member is also responsible for paying all applicable taxes for
Services and/or Content, and any other costs incurred in connection with the
use of or access to the Site.
c.
Payment Methods
Member's complete billing address and telephone number must be provided to
process payments. RealtyTrac accepts most major credit cards and may accept
bank drafts, including personal checks, money orders, cashiers checks and
company checks sent by mail. However, for non-credit card or non-electronic
payment methods, RealtyTrac does not offer a Trial Membership and may not
credit the applicable account until additional procedures are completed and
after RealtyTrac's bank certifies receipt of funds —
typically ten (10) business days after receipt of a check. RealtyTrac 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
Member may contact the RealtyTrac Customer Service Department by e-mail at support@realtytrac.com
or telephone at 800-905-1648 concerning charges or other questions regarding
the status of Member's account. However, if Member's account-related questions
are not satisfactorily resolved within fifteen (15) business days of Member's first
calling or sending an e-mail to the RealtyTrac Customer Service Department
regarding such questions, Member must write to the RealtyTrac Customer Service
Department at: Renwood RealtyTrac LLC., One Venture Plaza, Suite 300, Irvine, CA 92618,
delivered by United States mail or by fax to 949.305.0803. Notwithstanding the
foregoing, in no event may Member dispute any charge or account billing
hereunder later than ninety (90) days after such questionable account billing
or other discrepancy should have been or could have been reasonably discovered
by Member. Otherwise, except as required by applicable law, any and all such
Member complaints are waived by Member.
5. Term of Membership
The
term of Member's access to the Site, Services and Content is based upon Member's
express agreement and adherence to these Terms of Use and to Member's trial or fully
paid membership and/or other fees. Member's membership to the Site shall be for
the initial term (e.g., daily, monthly, quarterly, semi-annually or annually)
as may be agreed by Member and RealtyTrac through
online registration, telephone order or otherwise, and shall automatically
renew for indefinite successive renewal terms for the same period as the
initial term or on a month to month basis, depending on agreed upon terms,
unless terminated by Member or RealtyTrac in
accordance with the provisions of these Terms of Use.
6. Termination
Either
RealtyTrac or Member may cancel Member's membership at any time for any reason
(unless otherwise stated in an applicable promotional offer). In the event of
termination by Member or by RealtyTrac, all fees due to RealtyTrac up to the
end of the then-current term billing cycle at time of termination shall remain
payable to RealtyTrac unless otherwise specifically stated in an applicable
promotional offer.
Member may terminate membership by one of five ways that applies to their type
of membership, as follows:
1.
All members may terminate membership online, using the
"My Account" feature in the "My RealtyTrac" section of the
Site, accessible to Member upon login.
2.
All members may terminate membership by e-mailing a
cancellation request to support@realtytrac.com at least five (5) days prior to
the desired cancellation date.
3.
All members may terminate membership by telephoning a
cancellation request to 800-905-1648 during the business hours of 8am to 5pm
PST Monday through Friday.
4.
All members may terminate a membership by faxing a
cancellation request to 949.861.9413 at least five (5) days prior to the
desired cancellation date.
5.
Only paying members may terminate by mailing a cancellation
request to Renwood RealtyTrac LLC., One Venture Plaza,
Suite 300,
Irvine,
CA 92618.
Such cancellation will be effective approximately ten (10) days after receipt.
RealtyTrac
reserves its right to terminate or suspend access to the Services and the Content
to any Member whose information RealtyTrac believes, at RealtyTrac's
sole discretion, to be inaccurate or misleading.
If
at any time RealtyTrac believes, in its sole discretion, that the Member has
violated any provision of these Terms of Use, RealtyTrac may immediately
terminate Member's membership and all other Services without any right of
Member to a refund or other remedy, and all fees due to RealtyTrac up to the
end of the then-current billing cycle at the time of such termination shall
remain payable to RealtyTrac. Such
termination will not limit any other right by RealtyTrac under contract, tort
or any other legal theory to pursue any claim or cause of action against the
Member for violating these Terms of Use including, but not limited to, monetary
damages, injunctive relief, attorney's fees and court costs.
7. Ownership and
Safekeeping; Modification of RealtyTrac Services
The
Services and the Content are and shall remain the sole and exclusive property
of RealtyTrac. Member shall have only the limited rights with respect to the
Services and the Content as expressly granted in these Terms of Use, and all
rights not expressly granted herein are reserved by RealtyTrac. Member
acknowledges and agrees that only RealtyTrac shall have the right to alter,
maintain, enhance or otherwise modify the Services and the Content. Member
shall not disassemble, decompile, manipulate or reverse engineer the Services
or the Content, and shall take all necessary steps to prevent such disassembly,
decompiling, manipulation or reverse engineering of the Services or the
Content. Under no circumstances shall Member sell, license, publish, display,
copy, distribute, or otherwise make available the Services or the Content in
any form or by any means, including without limitation the transfer to a third
party, except as expressly permitted in these Terms of Use. Member will take
all reasonable steps to protect the security of the Services and the Content,
and to prevent unauthorized use or disclosure thereof. Member is responsible
for all access to and use of the Services and the Content by means of Member's
equipment or under Member's user ID and password, whether or not Member has
knowledge of or authorizes such access or use. Member shall be responsible for
maintaining the confidentiality of all assigned user IDs and passwords, and
Member shall be responsible for all charges relating to the use of such user
IDs and passwords, whether or not authorized by Member.
RealtyTrac reserves the right to modify or to discontinue any and all Services
and/or Content or any portion or attribute thereof, with or without notice to
any Member. RealtyTrac shall not liable to any Member in the event that
RealtyTrac exercises its rights under this Section.
8. Third-Party Content
and Services.
a.
The Site may contain links to websites maintained by
third parties ("Third Party Websites"), including Service Providers.
Such links to Third Party Websites are provided for Member's convenience and
reference only. RealtyTrac does not operate or control, in any respect, any
information, content, software, products or services available on such Third
Party Websites, and is not responsible for any content on such Third Party
Websites, including the website of any Service Provider or any other third
party. RealtyTrac's inclusion of links to such Third
Party Websites does not imply any endorsement, warranty, guarantee or
recommendation of such Third Party Websites, or of the content, products or
services, or of the sponsoring organization thereof.
b.
RealtyTrac is a data aggregator of content supplied by
third parties and Members and assumes no obligation to exercise editorial
control over the opinions, advice, statements, Services, offers or other
content provided by third parties, including Members. Nevertheless, RealtyTrac
reserves the right to screen, review, edit or remove any content if it does not
comply with laws, rules or regulations, or for any other reason RealtyTrac
deems relevant in its sole discretion.
c.
Property descriptions and other information used in RealtyTrac's research tools for selecting properties and
determining pricing on any Professional Service Provider's website or on a
website to which you may be linked have not been verified by RealtyTrac or any
Professional Service Provider, and such descriptions, data, and information are
not intended to be binding on any Professional Service Provider. All listings
are subject to prior sale and may not be available when your request is
processed. All prices and terms are subject to change without notice.
d.
Member acknowledges and agrees that its use of any
Service provided to Member by a Service Provider shall be subject to the terms
of a separate agreement between the Member and the applicable Service Provider,
and that RealtyTrac has no liability to Member in relation to the any Service
provided by a Service Provider, or any acts or omissions of any Service
Provider.
e.
For its Services and referrals, RealtyTrac may receive
payment from Service Providers. Membership with RealtyTrac and use of the
Services and/or the Content constitutes Member's acknowledgment of and
agreement to this compensation arrangement.
9. DISCLAIMERS AND
LIMITATIONS
RealtyTrac
attempts to ensure that the Content is accurate and reliable; however, errors
sometimes occur. RealtyTrac does not guarantee the accuracy of the Content and
advises you independently to verify the accuracy of the information provided.
We make no guarantee, whether express or implied, that
you will find a real estate listing that meets your specifications. In addition,
RealtyTrac may make changes and improvements to the Content at any time.
RealtyTrac makes no representation or warranty as to the quality or
qualification of any Service Provider referred to Member, and is not
responsible or liable for any acts or omissions created or performed by such
Service Providers.
THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS" AND
"AS AVAILABLE." REALTYTRAC AND ITS SUPPLIERS (INCLUDING
PARTICIPATING LENDERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT
PROVIDERS AND OTHER SERVICE PROVIDERS) DISCLAIM ANY WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER RELATING TO THE SITE, THE
CONTENT AND THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE CONTENT IS UP-TO-DATE, ACCURATE
OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY
ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, THE SERVICES AND THE
CONTENT WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR
OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
BY MEMBER'S USE OF THE SERVICES, THE CONTENT OR THE SITE, MEMBER AGREES AND
ACKNOWLEDGES THAT MEMBER'S USE OF THE SERVICES, THE CONTENT AND THE SITE IS AT
MEMBER'S OWN RISK. NEITHER REALTYTRAC NOR ITS SUPPLIERS ARE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR
OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONTENT OR THE USE
OF THE SERVICES OR THE SITE, OR WITH DELAY OR INABILITY TO USE THE SITE,
WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND
REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF
THE POSSIBILITY OF ANY SUCH DAMAGES.
If you are a California resident, you waive California Civil Code § 1542, which
says "A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time of executing
the release, which if not known to him or her must have materially affected his
or her settlement with the debtor."
TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS
UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL REALTYTRAC, ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR: (A) THE
GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF MEMBERSHIP FEES
ACTUALLY PAID BY MEMBER WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR THE
MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.
10. Indemnity
As
a condition of use of the Site or Services, Member hereby agrees to indemnify
RealtyTrac (including its affiliates and the officers, directors, employees,
and agents of each of same) and its suppliers (including distributors or other
Service Providers) and other Members from and against any and all liabilities,
expenses (including attorneys' fees) and damages resulting from claims arising
out of or relating in any way to Member's posting of Member Content or use of
the Services or the Site (including but not limited to infringement of third
parties' intellectual property rights or negligent or wrongful conduct),
including without limitation, any claims alleging facts, that if true, would
constitute a breach by Member of these Terms of Use.
11. COMPLIANCE WITH LAWS
You
agree to comply with all applicable laws, statutes, ordinances, and regulations
in connection with your use of the Site.
The Services may be subject to United States export controls and may not be
accessed or used by: (1) a national or resident of Cuba, Sudan, North Korea,
Iran, Syria, or any other country subject to United States embargo that makes
provision of Services through this Site unlawful; or (2) any person or entity
identified on the U.S. Treasury Department's list of Specially Designated
Nationals or any other list that prohibits the provision of Services through
this Site. You hereby agree to the foregoing and represent and warrant that you
are not a national, resident or under the control of any such country or on any
such list.
12. DISPUTE RESOLUTION
Member
agrees that any claim or controversy arising out of or relating to the use of
the Site, the Services or the Content, or to any acts or omissions for which
the Member may contend RealtyTrac is liable, including but not limited to any
claim or controversy ("Dispute"), shall be finally and exclusively
settled by arbitration in Orange County, California. Such 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. In any arbitration,
RealtyTrac will pay the filing fee, plus the costs associated with the first
day of arbitration, with the remaining costs of arbitration paid by the
non-prevailing party. To begin the arbitration process, a party must make a
written demand therefor. Any judgment upon the award rendered by the arbitrator
may be entered only in a state or federal court located in Orange County, California,
and Member agrees to submit to the jurisdiction of such court for that purpose.
Member and RealtyTrac 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 those permitted under these Terms of Use and in no event
more than actual compensatory damages. The agreement to arbitrate shall not be
construed as an agreement or consolidation of arbitration under these Terms of
Use with arbitration of disputes or claims of any non-party, regardless of the
nature of the issues or disputes involved.
THESE TERMS OF USE PROVIDE THAT ALL DISPUTES BETWEEN THE MEMBER AND
REALTYTRAC 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 AND TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY
OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH A DISPUTE. THE MEMBER'S RIGHTS
WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE MEMBER
AND REALTYTRAC RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE
TO SUBMIT EXCLUSIVELY TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS
LOCATED IN ORANGE COUNTY, CALIFORNIA, FOR THAT PURPOSE.
You also acknowledge and understand that, with respect to any Dispute, in the
event we incur attorney fees or expenses in connection with the collection of
sums owed to us by you under these Terms of Use, we shall be entitled to
recovery of those fees and expenses from you.
13. OTHER TERMS
These
Terms of Use shall be subject to and construed in accordance with the
laws of the State of California,
excluding its conflict or choice of laws principles. If any part of these Terms
of Use is 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 these Terms of Use shall
continue in effect. A printed version of these Terms of Use and of any notice
given in electronic form shall be admissible in arbitration, judicial or
administrative proceedings based upon or relating to these Terms of Use 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.