Last Revised: September 30, 2011
Website Terms & Conditions of Use
Welcome to our website! We hope you enjoy your visit, and that you find goods, services and information that are valuable and interesting to you. Before you begin using the site or the REALTOR® Badge, however, please read the website terms and conditions of use, outlined below. You must agree to the terms and conditions before using our site or the REALTOR® Badge.
TERMS AND CONDITIONS OF USE
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEBSITE. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY, AS YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND AS SUCH CREATES A BINDING CONTRACT BETWEEN YOU AND REAL ESTATE BUSINESS SERVICES, INC. ("REBS"). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE.
REBS DOES NOT (A) REPRESENT OR ASSIST INDIVIDUALS OR ENTITIES IN PURCHASING, SELLING OR LEASING REAL ESTATE; (B) MAKE, SOLICIT, NEGOTIATE ON BEHALF OF OR ASSIST INDIVIDUALS OR ENTITIES IN OBTAINING LOANS TO PURCHASE REAL ESTATE; OR (C) PROVIDE LEGAL REPRESENTATION OR ADVICE IN CONNECTION WITH REAL ESTATE TRANSACTIONS. INDIVIDUALS AND ENTITES SEEKING THESE TYPES OF SERVICES SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Definitions."Agreement" shall mean this website terms and conditions of use agreement. "REALTOR® Badge" shall mean a personalized web widget that verifies your status as a member of the National Association of REALTORS® ("NAR") and displays your REALTOR® information from the National REALTOR® Database System ("NRDS"), including office and designation information. "Content" shall mean all documents, materials and images on this Site, including but not limited to the REALTOR® Badge, data, text, graphics, files, photos, software, audio, video, trademarks and copyrightable materials, excluding Submissions (as defined below). "Site" shall mean this website. "We," "us" and "our" shall mean REBS, its subsidiaries and affiliates.
Personal and Non-Commercial Use; Printing Site Content. You may access and use the Site and its Content for your personal and non-commercial use only. Unless specifically prohibited, articles, news stories, press releases, FAQs and other reading materials may be printed for your personal and non-commercial use only.
Use of the REALTOR® Badge. You must be a member of NAR in order to display the REALTOR® Badge in any manner. You are forbidden from using the REALTOR® Badge anywhere online in any manner if you are not currently a member of NAR. If you were once a member of NAR but are now no longer an active member, you must remove the REALTOR® Badge from your website and anywhere else online that you have it displayed. If you believe that you are a REALTOR® but the REALTOR® Badge indicates that you are not a REALTOR®, please contact your local association of REALTORS® and/or remove the REALTOR® Badge from your website. In California, you may not use or display the REALTOR® Badge if you are or subsequently become unauthorized to engage in the practice of real estate by the California Department of Real Estate until your status as a REALTOR® can be verified by NAR.
Limitations on Site and Content Use. The Content on this Site may not be copied, reproduced, modified, used to create derivative works from, sold, licensed, displayed, distributed, transmitted, published or performed without our prior written consent. The Content and the Site may not be used for any illegal or prohibited purpose. You agree that you will not upload any time bombs, Trojan horses, viruses, corrupted files, worms or other files or software, and you will not use the Site or the Content in any manner, that may damage, disable, overburden or interrupt the Site, Content, or any other computers or software. You agree that you will not attempt to obtain any Content or gain access to any area of the Site that is not intentionally made available to you, whether through password mining, hacking or any other means, and that you will not engage in "screen" or "database" scraping, data mining, harvesting or any other unauthorized or illegal means of data gathering or extraction. HTML Meta tags or "hidden text" using our business names or trademarks may not be used without our prior written permission.
Ownership Of Content; Copyright and Trademark. All right, title and interest in the Content belongs solely and exclusively to us, or the Content may be licensed to us by a third party. The Content is protected by applicable federal, state and local laws, including but not limited to copyright and trademark laws, and any unauthorized use is expressly prohibited. All rights in the Content are expressly reserved.
Third Party Content; Third Party Goods and Services. This Site may contain Content that is owned or licensed by a third party. We are not responsible for and do not warrant or guarantee the completeness, accuracy or reliability of such third party Content. The existence of third party Content on this Site is not and should not be construed as our endorsement, approval or sponsorship of the third party or its Content.
Goods and services offered by third parties may be made available to you on the Site. You understand and agree that, unless expressly indicated otherwise, (a) we do not endorse, approve or sponsor such third party goods and services; (b) we do not warrant or guarantee the availability, quality or sufficiency of such third party goods and services; and (c) we are not responsible or liable for the performance or non-performance of any transaction between you and such third parties in connection with their goods or services. Should a dispute arise between you and a third party in connection with its goods and services made available to you on this Site, you hereby release us and our directors, officers, employees and affiliates from any claims, actions, liabilities, loss, costs, damages, or expenses of every kind and nature, whether known or unknown, in connection with such dispute.
Linking to and Framing this Site; Links to Third Party Sites; Accuracy of Content on Third Party Sites. Links to or "framing" any Content, the Site or any webpage in the Site require our prior written permission. Additionally, this Site may contain links to other sites owned and/or operated by third parties. We are not responsible for the availability of any third party site or its content, and we do not warrant or guarantee the accuracy of any content contained on a third party site. You should review the terms and conditions of use and the privacy policies of the third party site, if any, before using that site.
Advertisers. Advertisement "banners" and other forms of advertising may exist on the Site. However, we are not responsible for the claims or representations made by any advertiser on the Site nor are we responsible for the products and services of advertisers on the Site. Furthermore, mere presence of an advertiser on the Site does not constitute our endorsement, approval, or sponsorship of any advertiser in any respect unless expressly indicated otherwise.
Forums; Submissions. From time to time a discussion forum, bulletin board, news group, chat area, community, or other feature or service designed so that Site users may communicate with others ("Forum") may be made available to you on this Site. While we appreciate the value of open communication and the free exchange of ideas and opinions, we do not actively review, monitor, control, screen or edit any text, images, files, or other materials that may be uploaded or posted in any Forum ("Submissions"), nor do we guarantee the accuracy, legality or reliability of any Submissions. As such, under no circumstances will we be responsible or liable for any Submissions, and you are advised to investigate and evaluate Submissions prior to relying on any of them. You understand that your Submissions may be accessible to and viewed by the general public, therefore you should exercise caution before including information, especially any personally identifiable information, in a Submission.
You represent and warrant that you have the legal right and/or have obtained all licenses and permissions necessary to post your Submission, and that your Submission does not and will not violate any law, rule or regulation, or infringe on the rights of any third party, including but not limited to copyright, trademark, patent, privacy or publicity rights. You agree not to post any Submission that is defamatory, harmful, tortuous, libelous, sexually explicit, obscene, inappropriate, indecent, profane or misleading, or that is done with the intent to harass, stalk or threaten others. You agree not to use Submissions or the Forum in connection with surveys, contests, pyramid schemes, chain letters, political campaigning, "spamming" or unsolicited e-mails, commercial or otherwise. Your Submissions may not contain any advertisements or solicitations without our prior written consent. We reserve the right to limit or terminate access to Forums at any time for any reason without notice.
By posting a Submission, you grant us the right, at our sole discretion, to use, copy, reproduce, modify, distribute, transmit, sublicense, publish and display your Submission at any time without consideration, and you represent and warrant that you have the legal right to grant us the rights in this section. We reserve the right to modify or delete any Submission at any time without notice. You agree that you will not impersonate any other person when posting a Submission or create a false identity to mislead others.
You agree that we have no liability whatsoever for any Submission you may post, and you agree to indemnify, defend and hold us, our directors, officers, employees, agents and affiliates harmless from any claims, actions, liabilities, loss, costs, damages, or expenses, including reasonable attorney's fees, that may arise directly or indirectly from your Submissions.
A Forum may have rules particular to that Forum, and you agree to abide by those rules when you participate in that Forum.
Confidentiality of Account; Truthful Information. Should you be assigned an account or password in connection with any services we offer at the Site, you are responsible for maintaining the confidentiality of your account and password and all activities that occur under your account or password. You agree to provide truthful and accurate information when using the services we provide on this Site. In the event you provide false or misleading information, we reserve the right to cease providing any services to you, to terminate your account, and to terminate your access to the Site.
DISCLAIMER. THE CONTENT AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES CONCERNING THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETELESS, TIMELINESS OR SUITABILITY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO THE REALTOR® BADGE, OR THE SITE. WE DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE SITE AND THE CONTENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE ACCESS TO OR UNINTERRUPTED AND ERROR-FREE OPERATION OF THE SITE OR THE CONTENT.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, OR LOSS OF OR DAMAGE TO DATA, PROGRAMS OR PROPERTY ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR MATERIALS DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THE REALTOR® BADGE.
Accurate Information. In order for you to access certain areas of or to use certain services within the Site, you may be required to provide information. Should you choose to access such areas or use such services, you agree to provide accurate, truthful and complete information, and to refrain from making any misrepresentations or impersonating any person or entity when providing such information.
Limitation, Suspension or Termination of Access and Use. We reserve the right, in our sole discretion, to limit, suspend or terminate your access to and use of the Site at any time for any reason without notice, including but not limited to, your breach of this Agreement.
General. This Agreement constitutes the entire agreement between you and us and supercedes all prior or contemporaneous communications and proposals, whether written, oral or electronic. No partnership, joint venture, or agency relationship between you and us exists as a result of this Agreement. If any part of this Agreement is found to be illegal or unenforceable, the remainder shall continue in full force and effect.
Choice of Law; Jurisdiction and Venue. This Agreement shall be governed in accordance with the laws of the State of California. In the event a dispute arises in connection with this Agreement or use of the Site, such dispute shall be submitted to a state or federal court with appropriate jurisdiction located in the City and County of Los Angeles, California, USA.
Indemnification. You agree to defend, indemnify and hold us and our directors, officers, employees, agents and affiliates harmless from all claims, actions, damages, liabilities, loss, costs and expenses, including but not limited to reasonable attorney's fees, resulting from your violation of any term of this Agreement or illegal use of this Site.
Reservation of Rights. We reserve all rights not expressly granted or addressed herein.
Procedure for Notice of Copyright Infringement Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512. If you wish to notify us of Content or Submissions on this Site that may result in copyright infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512, please mail your notification to our designated agent at:
Real Estate Business Services, Inc.
525 South Virgil Avenue
Los Angeles, CA 90020
Contact Us. Should you have any questions or comments, please don't hesitate to contact us at: Real Estate Business Services, Inc., 525 South Virgil Avenue, Los Angeles, California 90020. Thank you!