Effective February 28, 2013
Attom Data Solutions LLC. ("RealtyTrac," "we," or "us")
One Venture Plaza, Suite 300
Irvine, CA 92618
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
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, Attom Data Solutions 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 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 800-670-2181 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.
The Services and the Content are and shall remain the sole and exclusive property of RealtyTrac. Member shall have
all rights not expressly granted herein are reserved by RealtyTrac. Member acknowledges and agrees that only RealtyTrac
shall have the right to alter, maintain, enhance or otherwise modify the Services and the Content. Member shall not
disassemble, decompile, manipulate or reverse engineer the Services or the Content, and shall take all necessary steps
to prevent such disassembly, decompiling, manipulation or reverse engineering of the Services or the Content.
Under no circumstances shall Member sell, license, publish, display, copy, distribute, or otherwise make available the
Services or the Content in any form or by any means, including without limitation the transfer to a third party, except
Services and the Content, and to prevent unauthorized use or disclosure thereof. Member is responsible for all access
to and use of the Services and the Content by means of Member's equipment or under Member's user ID and password,
whether or not Member has knowledge of or authorizes such access or use. Member shall be responsible for maintaining
the confidentiality of all assigned user IDs and passwords, and Member shall be responsible for all charges relating
to the use of such user IDs and passwords, whether or not authorized by Member.
RealtyTrac reserves the right to modify or to discontinue any and all Services and/or Content or any portion or attribute thereof, with or without notice to any Member. RealtyTrac shall not liable to any Member in the event that RealtyTrac exercises its rights under this Section.
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.
You agree to comply with all applicable laws, statutes, ordinances, and regulations in connection with your use of the
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 in excess of those
disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
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