Effective January 5, 2012
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.
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 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.
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.
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
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.
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