RealtyTrac Inc. ("RealtyTrac"), through this web site, offers services to you, the
"Professional Member" or "Professional Service Provider", conditioned on your agreement
to adhere to the following Terms of Use without modification by you of any kind.
Your agreement with RealtyTrac and/or use of RealtyTrac's services constitutes your
acceptance of these Terms of Use. These Terms of Use are subject to change by the
web site owner, in its sole discretion, at any time, without prior notice. Use of
the web site is subject to the most current version of the Terms of Use posted on
the web site at the time of use.
Based upon the Professional Member's agreement to adhere to these Terms of Use,
and/or use of RealtyTrac services, RealtyTrac grants and conveys to the Professional
Member, during the term of any paid membership, a non-exclusive, non-transferable
license to use the data, information and services provided through the web site
subject to the details below.
Obligations of Professional Members Registered with RealtyTrac
By completing your Service Provider Agreement with RealtyTrac.com as a Professional
Member, and/or your use of RealtyTrac services, you agree that:
- You are of legal age and are otherwise capable of forming a legally binding contract;
and have obtained all necessary permissions within your business (if applicable)
to participate in the RealtyTrac services;
- All information you submit to RealtyTrac or pursuant to a RealtyTrac service is
accurate and complete and that you will maintain and promptly update such Profile,
Proposal(s), Bid(s), Endorsement(s) or other Information supplied to RealtyTrac
or to Users to ensure accuracy at all times;
- You are an individual person;
- You have acquired and will maintain appropriate insurance coverage and have complied
with all real estate licensing and regulatory requirements applicable to real estate
agents and/or brokers in the areas for which you have requested RealtyTrac service;
- You have acquired and will maintain appropriate insurance coverage and have complied
with all lending licensing and regulatory requirements applicable to mortgage lenders
and/or brokers in the areas for which you have requested RealtyTrac service;
- You will not use information obtained through RealtyTrac to locate, identify or
directly contact a Home Seller or Home Buyer in any manner without Buyer/Seller
consent;
- You will not use or attempt to use any facility provided by RealtyTrac wholly or
partly in order to provide you with information concerning the commissions, fees,
prices, or other terms offered by other Professional Members;
- You will not respond to a request for service that you i) do not offer, ii) are
not permitted or licensed to offer based on applicable laws and regulations, or
iii) do not intend in good faith to contract with an RealtyTrac web site User to
provide service;
- You will not submit a Profile or Proposal or Bid or Endorsement or refer RealtyTrac
supplied requests for service to any other person or business entity for resale;
- You will not take any action that may undermine the integrity of any RealtyTrac
web site User or Professional Member initialed feedback system, including, without
limitation: supplying inaccurate information to, or accessible by, any of the RealtyTrac
services;
- You will not use any RealtyTrac web site User feedback rating system that may be
available from time to time for any purpose other than to facilitate promotion of
information among RealtyTrac web site Users and Professional Members;
- You have secured and will maintain any required supervising broker's authorization
and payment of a fee that will be incurred by virtue of your RealtyTrac Service
Provider terms, if you are a licensed real estate salesperson, broker, associate
or other non-supervising broker real estate professional legally permitted to conduct
or participate in certain real property transactions in your state of residence
or employment, but subject to broker oversight;
- You hereby grant RealtyTrac permission to e-mail or display your Profile and such
other information as may be supplied by you to RealtyTrac on or from RealtyTrac's
web site (www.RealtyTrac.com) and such other partner and affiliate web sites as
RealtyTrac shall deem advisable, in its sole determination, for marketing purposes;
- You will use Advertisement(s) that: (i) are Advertisements and as such are complete,
accurate and verifiable, and do not misstate, misquote the endorser (including words
taken out of context) and have been posted with the endorser's full and unqualified
permission; (ii) include the marketer's name and telephone number; (iii) do not
name any other real estate professional or promote goods or services provided by
someone other than the real estate professional posting an Advertisement; (iv) do
not contain links to other web pages, pictures or JavaScript; (v) will provide to
RealtyTrac and RealtyTrac web site Users and/or members Property Listings that are
accurate and current, and comply with all professional, regulatory and contractual
requirements, including such requirements relating to the promotion and advertising
of those Property Listings; and (vi) will be responsible for setting your own fees
and commissions in compliance with all applicable laws and regulations.
Proprietary Rights
Professional Member represents, warrants, affirms and agrees that the data, information,
services and RealtyTrac name are proprietary information and property of RealtyTrac,
its suppliers and/or affiliates and are protected by copyright, trademark, trade
name and other proprietary rights. Professional Member's usage of this web site,
even as a member, only allows limited use of 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 RealtyTrac believes, in its sole discretion, that the Professional
Member has violated any term, condition, restriction, permitted use or limitation
provided in these Terms of Use, Professional Member's use may be immediately terminated,
including any membership, and Professional Member agrees that Professional Member's
sole remedy for such termination of Professional Member's membership shall be to
receive a pro-rata refund of the membership fee paid by Professional Member for
the remaining days of the then current term of prepaid fees. Nothing stated herein
shall limit RealtyTrac's right to pursue all claims and causes of action it may
have against the Professional Member for violating these Terms of Use including,
but not limited to, monetary damages, injunctive relief, attorney's fees and court
costs.
Term Period of Professional Member Access
The term of Profession Member's access is based upon Professional Member's express
agreement and adherence to these Terms of Use and to Professional Member's fully
paid membership fees associated with members when applicable. All paid membership
shall be for 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 User or RealtyTrac. However, if
the Professional Member accepts a special introductory promotional offer for a membership
or a multi-month discounted membership, then at the conclusion of the specific initial
term of the special introductory promotional offer term or multi-month discounted
membership, the membership shall automatically renew on and Professional Member
agrees and authorizes RealtyTrac to charge Professional Member's credit card or
bank account on a pre-paid basis for a month-to-month basis for indefinite successive
month-to-month renewal terms at the then prevailing regular published monthly retail
rate at time of renewal until terminated in accordance with the provisions of these
Terms of Use. Professional Member agrees that there is NO refund, offset or credit
that will be given for any cancellation of a special introductory promotional offer
membership or a multi-month discounted membership. If Professional Member registers
for a free trial, Professional Member agrees to be rolled into a pre-paid month-to-month
membership at the end of the free trial period, if Professional Member does not
cancel the free trial prior to the expiration. The Professional Member agrees and
authorizes RealtyTrac to process a charge to the Professional Member's credit card
or checking account provided by Professional Member during Professional Member's
registration or member information update process to prepay Professional Member's
membership. The initial term begins at the end of the free trial period, unless
the Professional Member cancels within the free trial period.
Termination
RealtyTrac reserves the right to cancel the services provided to Professional Member
at any time, in RealtyTrac's sole discretion.
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. A Professional Member
must provide a 30-day cancellation notice prior to the actual effective cancellation
date requested which can be delivered one of three ways:
- By mailing a cancellation request at least thirty (30) days prior to the desired
cancellation date to Customer Service Department, RealtyTrac Inc., One Venture Plaza,
Suite 300, Irvine, CA 92618.
- By faxing a cancellation request to 949-861-9415 at least thirty (30) days prior
to the desired cancellation date.
- By telephoning a cancellation request to 888-444-3336 during business hours of 8am
to 5pm PST Monday through Friday.
Survival of Terms
The License Restriction and Proprietary Rights described herein survive any termination
of this Agreement, Term of Use and/or any Professional Member's use, membership
or subscription to this web site.
Resale Property Posting Services
Professional Members may post properties for sale on this web site to market those
properties to other RealtyTrac Users. Professional Members affirm that all the information
and content Professional Member provides to RealtyTrac, whether online or otherwise,
is accurate and complete. Professional Member, also agrees to update RealtyTrac
with current and accurate information, if at any time the information Professional
Member provided to RealtyTrac changes. RealtyTrac reserves its right to terminate
or suspend access to the RealtyTrac property posting services to any Professional
Member whose information RealtyTrac believes, at RealtyTrac's sole discretion, to
be inaccurate or misleading or otherwise objectionable.
Professional Member agrees to only provide content that Professional 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.
Professional Member further agrees not to provide any information or content to
RealtyTrac, whether online or otherwise, that is unlawful, harmful, malicious, hateful,
cruel, offensive, defamatory, slanderous, libelous, derogatory or objectionable
in any other way.
Additional charges may apply. Should additional charges apply, charges are subject
to the Payment of Charges detailed below.
Grant of License to RealtyTrac
A Professional Member who posts a property or properties for sale on this web site
grants to RealtyTrac an unlimited, unrestricted and royalty-free license to publish
and display all, part or a modified version of the content provided by the Professional
Member on any RealtyTrac controlled or sponsored web site and on all other RealtyTrac
controlled or sponsored publications and services. Furthermore, a Professional Member
who posts a property or properties for sale with/to RealtyTrac, grants RealtyTrac
permission to make analytic use of and to distribute, by e-mail or otherwise, all,
part or a modified version of the content provided by the Professional Member to
all RealtyTrac Users, partners and affiliates and to any media RealtyTrac shall
deem advisable in its sole determination for marketing purposes.
Lead Management System
RealtyTrac partners with SharperAgent to provide the Lead Management System. Should
the Professional Member subscribe to the Lead Management System with SharperAgent
through RealtyTrac, the Professional Member agrees to allow RealtyTrac to transmit
the Professional Member's information to Sharper Agent.
Additional charges applies for the Lead Management System and are subject to the
Payment of Charges detailed in the SharperAgent Lead Management System offering.
Other Service Providers
From time to time RealtyTrac may include on its web sites third-party service providers
such as, but not limited to, moving, magazine, coaching or a mortgage service provider.
RealtyTrac posts these services on its web sites as a service to its Professional
Members. RealtyTrac 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 Professional Member's responsibility, and RealtyTrac
encourages this for all Professional Members, to independently investigate the qualifications
of each service provider and to carefully review each service provider offering
prior to entering into any engagement.
RealtyTrac is not responsible or liable for any acts or omissions created or performed
by these other Service Providers. RealtyTrac's web sites may contain links to web
sites maintained by third-party Service Providers. Such links are provided for Professional
Member convenience and reference only. RealtyTrac does not operate or control, in
any respect, any information, software, products or services available on such web
sites. RealtyTrac's inclusion of a link to such web sites does not imply any endorsement,
warranty, guarantee or recommendation of these web sites, contents, products or
services of the sponsoring organization.
Third-Party Content and Screening
RealtyTrac is a data aggregator of content supplied by third parties, Users and/or
members, and Professional 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 Users of RealtyTrac. RealtyTrac reserves
the right, but is not obligated, to screen and review any content provided to RealtyTrac
and remove or edit any content, if it does not comply with laws, rules or regulations,
or for any other reason RealtyTrac deems relevant.
Modification of RealtyTrac Services
RealtyTrac reserves the right to modify or discontinue any service or a portion
or attribute thereof, or the offering of any information, goods, content, product
or service with or without notice to any Professional Member or Professional Service
Provider. RealtyTrac shall not be liable to any Professional Member or any third
party should RealtyTrac exercise its right to modify or discontinue any service.
PAYMENT OF CHARGES
Fees and Requirements for Professionals Members
RealtyTrac offers services targeted to Professional Members. To receive these services
Professional Members must accurately complete a Professional Service Provider Agreement
for each service offered and agree to relevant payment obligations. Depending on
the service chosen, the Professional Member may be required to supply a valid credit
card that is available for periodic payments. Alternatively, where applicable, the
Professional Member agrees that fees due to RealtyTrac for advertising and marketing
services shall be paid directly to directly to RealtyTrac Inc.
Applicable fee(s) are payable whenever a Professional Member purchases marketing/advertising
services for a "Local Territory" and "Accepts Leads" submitted by Users and/or members
of RealtyTrac.com. For Professional Members receiving Seller and/or Buyer leads
from RealtyTrac all leads shall be included along with the purchase of marketing/advertising
services for a "Local Territory (ies) and all applicable monthly fees are payable
on the 1st day of the term that the Professional Member's selected service commences.
A. On Time Payment
A Professional Member is expected to pay all charges on time and may be required
to submit an accompanying payment and/or payment authorization in connection with
charges. Credit card transactions require an acceptable and currently working credit
card number. RealtyTrac may terminate or disable a Professional Member's account
or service if the Professional Member fails to pay any amount due to RealtyTrac
when due. If the Professional Member's credit card expires or otherwise declines
payment, access to RealtyTrac services and its web sites can be modified or suspended
without notice to the Professional Member. If any payment is more than thirty (30)
calendar days past due, interest at the rate of 15% of the balance per annum, or
the maximum allowable by law, whichever is less, accrue on the total amount of the
delinquent sum, and the entire amount unpaid charges or other outstanding balance
(if any), plus this assessment, will become immediately due and payable. The Professional
Member shall pay all costs of collection, including legal fees, incurred by RealtyTrac.
The Professional Member is responsible for any premium charges incurred in connection
with the use of and/or by requesting or accessing RealtyTrac information, content,
goods, product or services that are provided at an extra cost. Each time RealtyTrac
is accessed or used, the Professional Member affirms that RealtyTrac is authorized
to obtain payment from through a selected payment method. All fees are quoted and
payable in United States dollars. The Professional Member is also responsible for
paying all applicable taxes for information, contents, goods, products or services
and any other costs incurred in connection with the use of or access to RealtyTrac
including charges incurred on the Professional Member's account by the Professional
Member, or anyone the Professional Member allows to use the Professional Member's
account.
B. Payment Methods
Professional Member's complete billing address and telephone number must be provided
to process payments. RealtyTrac accepts major credit cards including Visa, MasterCard,
American Express and for some charges may accept bank drafts, including personal
checks, money orders, cashiers checks, and company checks. However, for non-credit
card payment methods, RealtyTrac, may not credit the applicable account until additional
procedures are completed and after the bank certifies receipt of funds - typically
ten (10) business days. 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.
C. Account Discrepancies
A Professional Member may contact the RealtyTrac Customer Service Department by
e-mail or telephone concerning charges or other questions regarding the status of
an account. However, if the Professional Member's account questions are not satisfactorily
resolved within fifteen (15) business days of Professional Member's calling or sending
e-mail, and in no event later than ninety (90) days after a questionable account
billing or other discrepancy should have been or could have been reasonably discovered,
the Professional Member must write to the Customer Service Department, RealtyTrac
Inc., One Venture Plaza, Suite 300, Irvine, CA 92618 delivered by United States
mail or by fax to 949.305.0803. Otherwise, any and all such Professional Member
complaints are waived by the Professional Member.
DISCLAIMERS AND LIMITATIONS
RealtyTrac does not guarantee the accuracy and/or quality of the information, goods
and/or services offered or advertised on this web site. Errors may occur as a result
of human and/or mechanical error in the preparation, aggregating, and/or transferring
of the property information from which RealtyTrac receives and ultimately presents
the information on the RealtyTrac web sites. In addition, RealtyTrac may make changes
and improvements to the information provided herein at any time. THE WEB SITE AND
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED
"AS IS." REALTYTRAC AND/OR ITS SUPPLIERS, 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 WHATSOEVER RELATING
TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND SERVICE PROVIDED
HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE PROFESSIONAL
MEMBER'S USE OF REALTYTRAC'S SERVICES, THE PROFESSIONAL MEMBER AGREES AND ACKNOWLEDGES
THAT THE PROFESSIONAL MEMBER'S USE OF ALL REALTYTRAC INFORMATION, SOFTWARE, PRODUCTS,
GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH REALTYTRAC AND OR ITS WEB SITES
IS AT THE PROFESSIONAL MEMBER'S OWN RISK. REALTYTRAC AND/OR ITS SUPPLIERS, 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 REALTYTRAC'S
SERVICES OR WITH THE DELAY OR INABILITY TO USE ITS WEB SITES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEB SITES, OR OTHERWISE
ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
REGARDLESS OF WHETHER OR NOT YOU KNOW, SUSPECT, OR HAVE BEEN ADVISED OF THE POSSIBILITY
OF ANY SUCH DAMAGES AND EVEN IF REALTYTRAC AND/OR ITS SUPPLIERS KNOW, SUSPECT OR
HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU,
IF THE PROFESSIONAL MEMBER RESIDES IN SUCH A JURISDICTION.
INDEMNITY
As a condition of use of RealtyTrac web sites, you agree to indemnify RealtyTrac
and its suppliers, distributors, participating Lenders, Professional Service Providers
or other Service Providers from and against any and all liabilities, expenses (including
attorneys' fees) and damages arising out of claims resulting from your use of RealtyTrac's
services, including without limitation any claims alleging facts that, if true,
would constitute a breach by you of this Agreement.
ERRORS AND DELAYS
RealtyTrac is not responsible for any errors or delays in responding to a qualification
form or referral form caused by an incorrect e-mail address provided by you or other
technical problems beyond our reasonable control.
DISPUTE RESOLUTION
The Professional Member agrees that any claim or controversy, arising out of or
relating to the use of RealtyTrac services, information, content and data displayed
on the RealtyTrac web sites; the goods or services provided by RealtyTrac, or to
any acts or omissions for which the Professional 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.
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 Professional Member shall select
an arbitrator from a panel of arbitrators acceptable to RealtyTrac. 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 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 Orange County, California. Professional 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
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 PROFESSIONAL MEMBER AND REALTYTRAC WILL BE
RESOLVED BY BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA. THE PROFESSIONAL MEMBER
THUS GIVES UP THE PROFESSIONAL MEMBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND
THE PROFESSIONAL MEMBER'S RIGHTS. THE PROFESSIONAL MEMBER ALSO GIVES UP THE PROFESSIONAL
MEMBER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. THE PROFESSIONAL MEMBER'S
RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE PROFESSIONAL
MEMBER AND REALTYTRAC 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 ORANGE COUNTY, CALIFORNIA.
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 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.