Terms & Conditions Of Use
Effective February 28, 2013
Attom Data Solutions LL3. ("RealtyTrac," "we," or "us")
One Venture Plaza, Suite 300
Irvine, CA 92618
If you are a Member and you have registered an account with RealtyTrac, you will choose 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. 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. Some of the telephone numbers listed on the Site may be routed through a third party service ("Telephone Calling Service"). Telephone calls made to Attom Data Solutions, LLC or through the Telephone Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that Member makes a telephone call to Attom Data Solutions, LLC directly, or to Service Providers through the Telephone Calling Service, Member consents to such recording and monitoring. 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.
If you provide a mobile number and indicate your preferences for receiving text messages, we may text you information as part of our services. We do not charge to send or receive text messages as part of our Services. However, messages and data rates may apply. Please consult with your wireless carrier for applicable text messaging fees.
Once your mobile device has been activated, you may reply STOP to opt-out of our messaging service. We may modify or terminate our text messaging services from time to time, for any reason and without notice, including the right to terminate text messaging without notice, without liability to you, any other user or a third party.
You agree to provide a valid mobile phone number for these services. You further agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from (i) your provision of a mobile phone number that is not your own, or (ii) your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement.
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.
2. 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 Real Estate Professional Service Providers including Realtor.com and Opcity who have registered with RealtyTrac to receive such information. Members consent to receive calls, texts and voicemails at the number you provide, which may by recorded and auto-dialed or use prerecorded and artificial voice), and email, from these Providers. 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.
3. 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.
4. 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.
2. Limitations on Use
3. 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.
4. 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.
5. 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.3. § 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.
6. 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.
7. 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.
8. 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.
3. PAYMENT OF CHARGES, AUTOMATIC RENEWAL
1. Free Trials and Other Promotional Memberships
From time to time, RealtyTrac may offer free trial or other promotional memberships (each, a "Trial Membership") for the duration specified in the offer.
Only first-time members are eligible for a Trial Membership, except that existing or former Members who have not applied for a Trial Membership in a 12-month period will be re-eligible to apply for a Trial Membership. Some Trial Memberships may have different or additional eligibility conditions, which will be disclosed at the time the offer is made.
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. The Member’s credit card will not otherwise be billed for the trial.
Member agrees that if Member applies for such Trial Membership and does not cancel such Trial Membership before the end of the trial or promotional duration, Member authorizes RealtyTrac to convert the Member's Trial Membership into a regular paid membership and to charge Member's credit card or bank account in advance on a month-to-month basis for indefinite successive renewal terms, until cancelled.
To cancel the Member’s subscription at any time, follow the instructions under Section 5 CANCELLATION below. Member acknowledges and agrees that NO refund, offset or credit will be given for any cancellation of a Trial Membership or for subscription downgrades. Upon cancellation, Member will retain access to RealtyTrac through the end of Member’s Trial Membership duration.
2. Payment Terms and Charges
The base subscription to register as a Member on the Site is normally assessed on a monthly basis, but other Services and their respective billing arrangements, including without limitation “ZIP Code” products, may be made available to Members, at RealtyTrac's sole discretion. The membership fees, inclusive of any and all Services that Member has signed up for, (collectively, “Membership Fees”) are calculated from the day upon which Member's paid membership commences.
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 Fees for each agreed term of the Member's selected membership term. Member hereby authorizes RealtyTrac to modify the term Membership Fees charged to Member upon thirty (30) days’ notice to Member sent by e-mail to the address provided on registration. The Membership Fees, when paid, are non-refundable and accrue 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 11 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.
3. 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.
4. 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.
5. Account Discrepancies
Member may contact the RealtyTrac Customer Service Department by e-mail at email@example.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: Attom Data Solutions LL3., 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.
4. Term of Membership
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 cancellation by Member or by RealtyTrac, all fees due to RealtyTrac up to the end of the then-current term billing cycle at time of cancellation shall remain payable to RealtyTrac and no refunds will be provided for partial billing periods, unless otherwise specifically stated in an applicable promotional offer. Upon cancellation, Member will retain access to RealtyTrac through the end of Member’s billing period.
All members may cancel membership by one of the three methods below:
- Log into the member account and click the “Cancel” button under Account Info;
- Submit a cancellation request to: firstname.lastname@example.org; or
- Telephone a cancellation request to 800-670-2181 during the business hours of 7:00 AM to 4:00 PM 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.
6. OWNERSHIP AND SAFEKEEPING; MODIFICATION OF REALTYTRAC SERVICES
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.
7. USER SUBMISSIONS AND CONTENT
We may provide you with interactive opportunities through the Site. You represent and warrant that you are the owner of, or otherwise have the right to provide, all content that you submit, post and/or otherwise transmit through the Site (“User Content”). You hereby grant us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with our business and in all forms now known or hereafter invented, without notification to and/or approval by you, except as otherwise required by law.
Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to us through our suggestion, feedback, or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback, except as otherwise required by law.
Ratings and Reviews. To the extent that you are asked to rate and post reviews (“Ratings and Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by us and do not represent our views. We do not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews.
8. GOOD SAMARITAN CONTENT POLICY & COMPLAINT PROCEDURES.
a. Policy. It is the policy of the owners and operators of this Site to not tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory material to be posted at this site. We will do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable. The provisions of this Section 8 are intended to implement this policy but are not intended to impose a contractual obligation on the owners or operators of this Site to undertake, or refrain from undertaking, any particular course of conduct.
b. Complaint Procedures. If you believe that someone has posted material at this Site which infringes the intellectual property or other rights of third parties or which is in violation of U.S. law or which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable, or which constitutes child pornography, we ask you to promptly notify us by email at the following address: email@example.com. You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with responding to such communications.
c. In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including (1) the nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending material.
d. Indemnification/Waiver of Certain Rights. By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of California. In addition, you agree, at your own expense, to defend us and indemnify us against any liability which we may incur by our response to your complaint.
e. Waiver of Claims and Remedies. We expect visitors to take responsibility for their own actions, and, as set forth below in Section 11, Disclaimers and Limitations, cannot assume liability for any acts of users or third parties which take place at this Site. By this Agreement, you acknowledge that in establishing a complaint procedure we are taking on the role of a Good Samaritan and, in order to allow us to do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable, you agree to waive any claims or remedies which you might otherwise be able to make against us under any theory of law (including, but not limited to, intellectual property laws) arising out of or relating in any way to the content at this Site or our response, or failure to respond, to a complaint.
f. Investigation/Right to Purge Postings. You agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to this Site, with or without your permission, and with or without cause, in our sole discretion. By reserving this right, we do not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.
9. License and Copyright
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, Attom Data Solutions LL3.,One Venture Plaza, Suite 300, Irvine, CA 92618.
10. Third-Party Content and Services.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
11. 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 AVAILABL5." 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.
13. 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.
14. DISPUTE RESOLUTION
a.Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services or as a Member of our Services, to any advertising or marketing communications regarding us or our Services, to any products or services sold or distributed through the Services that you received as a Member, or to any aspect of your relationship or transactions with us as a Member of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or RealtyTrac may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
b.Arbitration Rules and Forum. 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.
d. Waiver of Jury Trial. YOU AND REALTYTRAC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and REALTYTRAC are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 14(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
e.Waiver of Class or Consolidated Actions. YOU AND REALTYTRAC AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor RealtyTrac is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 15.
f.Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor RealtyTrac can force the other to arbitrate as a result of this Agreement. To opt out, you must notify RealtyTrac in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: firstname.lastname@example.org. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
g.Survival. This Arbitration Agreement will survive any termination of your relationship with us.
h.Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.
15. OTHER TERMS