Effective February 28, 2013
Renwood RealtyTrac LLC. ("RealtyTrac," "we," or "us")
One Venture Plaza, Suite 300
Irvine, CA 92618
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
website (the "Site") or the services, information, goods, content, or products made
available through the Site (each a "Service" or, collectively, the "Services").
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
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 has 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.
- 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.
- 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.
- 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.
- 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
3. Limitations on Use
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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- Payment Terms and Charges
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 seven (7)
day free trial membership ("Trial Membership") and does not cancel such Trial Membership,
Member authorizes RealtyTrac to convert the Member's Trial Membership into a regular
paid membership for the term selected, effective seven (7) days, or one hundred
sixty-eight (168) hours following Member's initiation of the Trial Membership.
Upon registration for the Trial Membership, Member shall provide a valid credit card number, and authorizes RealtyTrac, at its discretion, to verify the account is valid by processing a minimal charge which will be instantly refunded to the credit card charged.
Member hereby authorizes 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. Member hereby authorizes
RealtyTrac to modify the term membership fee charged to Member upon thirty (30)
days notice to Member sent by e-mail to the address provided on registration.
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.
- 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.
- 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.
- Account Discrepancies
Member may contact the RealtyTrac Customer Service Department by e-mail at firstname.lastname@example.org
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: RealtyTrac
Inc., 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
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
offer for a membership, then at the conclusion of the initial term specified in
such special introductory promotional offer, the membership shall automatically
renew and Member hereby authorizes RealtyTrac to charge Member's credit card or
bank account in advance on a month-to-month basis for indefinite successive renewal
terms at the then prevailing regular published monthly retail rate at the time of
such renewal until terminated in accordance with the provisions of these Terms of
Member acknowledges and agrees that NO refund, offset or credit will be given for
any cancellation of a special introductory promotional offer membership. If Member
registers for a free Trial Membership, Member agrees to be enrolled into a pre-paid
month-to-month membership at the end of the free trial period if Member has not
canceled the Trial Membership prior to the expiration thereof.
Member acknowledges and agrees that NO refund, offset or credit will be given for
any cancellation of a special introductory promotional offer membership or for subscription
downgrades. If Member registers for a free Trial Membership, Member agrees to be
enrolled into a pre-paid month-to-month membership at the end of the free trial
period if Member has not canceled the Trial Membership prior to the expiration thereof.
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.
All members may terminate membership by telephoning a cancellation request to 800-905-1648
during the business hours of 8am to 5pm Pacific Time, Monday through Friday.
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
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
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
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
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
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.
- 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
- 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.
- 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.
- 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.
- 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.
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
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
actual compensatory damages. The agreement to arbitrate shall not be construed as
of disputes or claims of any non-party, regardless of the nature of the issues or
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
fees and expenses from you.
13. OTHER TERMS
laws of the State of California, excluding its conflict or choice of laws principles.
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
in electronic form shall be admissible in arbitration, judicial or administrative
subject to the same conditions as other business documents and records originally
generated and maintained in printed form. All rights not expressly granted herein