Terms and Conditions |
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Effective April 7, 2010
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eRealtyVest Inc.
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5000 Birch Street
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West Tower, Suite 3000
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support@erealtyvest.com
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(800) 852-0839
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By registering with eRealtyVest, herein after referred to as "eRealtyVest", "we" or "us", you become a registered user and a "Member", whereby eRealtyVest offers certain services under the condition that you agree and follow the terms set forth.
All use of this website, or any order of goods, services or computer software procured through the use of this Website, is governed by the Terms and Conditions. The Website owner may change such Terms and Conditions as it may, in its discretion, deem appropriate, without prior notice to the users hereof. Any use of this Website shall be governed by the Terms and Conditions in effect on the date of such use. If the website shows Terms and Conditions to have changed since user's last use, it is the user's obligation to make him or herself familiar with any changes to the Terms and Conditions that may apply to him or her. The owner of this Website grants and conveys to the User, throughout the direct or indirect use of this Website, and during the term of any authorized membership, a non-transferable license to use the data, information and services provided through this Website, subject to the License Restrictions as set forth below.
Upon registration as a Member, you are responsible for selecting a username and password and maintain confidentiality of that information. You will be solely responsible for all personal account activity. If you believe your username or password has been compromised, you should change them immediately via the Site and contact Customer Service at 1-800-852-0839
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License Restrictions
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User represents, warrants, affirms and agrees that the data, information and services provided by/through this web site to User will only be used by User exclusively for User's own personal use and that User will not permit or allow the data, information or services to be used by any other person or entity other than that which is the registered user. User further represents, warrants, affirms and agrees that User will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by/through this web site to any other User in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:
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Use other than User's own personal use; Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party; Marketing or telemarketing uses; World Wide Web, Internet or other online uses; Real estate valuation models, programs or systems, except for user's own personal use; Inclusion or in combination with any other software, data, database, information service or product of any kind, except for user's own personal use;
Extracting, selecting or drawing out any data element for any purpose, except for user's own personal use; Real estate appraisal, except for user's own personal use.
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Proprietary Rights
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User agrees that the data, information, services and eRealtyVest's name are proprietary information and the property of eRealtyVest, its suppliers and/or affiliates and are protected by copyright and other proprietary rights. User'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 and Conditions.
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Consequences of Non-Compliance with Terms and Conditions
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At any time that eRealtyVest believes, in its sole discretion, that the User has violated any term, condition, restriction, permitted use or limitation provided for in these Terms and Conditions, User's use may be immediately terminated, including any User membership, and User agrees that User's sole remedy for such termination of User's membership shall be to receive a pro-rata refund of the membership fee paid by User for the remaining days of the then current term of prepaid fees. Nothing stated herein shall limit eRealtyVest's right to pursue all claims and causes of action it may have against the User for violating these Terms and Conditions, including, but not limited to, monetary damages, injunctive relief, attorney's fees and court costs.
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Term Period of User Access
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The term of User's access is based upon the User's express agreement and continuous adherence to these Terms and Conditions, including User's fully paid membership fees. 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 eRealtyVest.
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However, if a User accepts a special introductory promotional offer for a membership or a multi-month discounted membership, then at the conclusion of the initial term of the special introductory promotional offer, term or multi-month discounted membership, the membership may automatically renew on a month to month basis, if User agrees and authorizes eRealtyVest to charge User's credit card or bank account on a monthly basis for an indefinite period.
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Such charges shall be at the then prevailing rate until terminated in accordance with the provisions of these Terms and Conditions, or other arrangements are made between eRealtyVest and User. User agrees that there is NO refund, offset or credit that will be given for any cancellation of a special introductory promotional offer of membership or a multi-month discounted membership. If User registers for a free trial, User agrees to be rolled into a pre-paid month-to-month membership at the end of the free trial period, unless User notifies eRealtyVest as provided in the terms of the offer.
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Termination
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eRealtyVest reserves the right to cancel services provided to any User at any time, in eRealtyVest's sole discretion. The User may cancel the User's usage or membership at any time by one of four ways:
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By e-mailing a cancellation request to support@eRealtyVest.com at least five (5) days prior to the desired cancellation date.
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By telephoning a cancellation request to eRealtyVest during business hours of 8am to 5pm PST Monday through Friday.
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By faxing a cancellation request to 949-288-6236 at least five (5) days prior to the desired cancellation date.
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By mailing a cancellation request at least ten (10) days prior to the desired cancellation date to:
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eRealtyVest
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Account Cancellation
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5000 Birch Street West Tower, Suite 3000
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Newport Beach, CA 92660
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Survival of Terms
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The License Restrictions and Proprietary Rights described herein survive any termination of this Agreement, User's use, membership or subscription to this web site.
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User Services
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User allows other Users to submit requests for service to independent third-party real estate and other related goods and services providers. User hereby agrees to supply such other Users, when choosing to do so, with accurate information about User, the goods and services User is interested in and the property the User wants to sell or hopes to buy.
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Any User of this site will use this information to provide certain details on an anonymous or non-anonymous basis to third-party affiliates who are, in most cases, members of this network. As users of this website use e-mail, telephones, fax machines and regular mail to provide goods and services to various entities, User hereby consents to receive such correspondence as may be directed to User to whom user has made his information available through our website.
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eRealtyVest may refer Professional Service Providers, mortgage lending, or other related "services" to Users, but eRealtyVest does not engage in real estate broker services. Real Estate brokerage activities are performed by licensed real estate brokers or agents. Other real estate services are provided by Professional Service Providers, mortgage lenders, attorneys, or other related "service providers". eRealtyVest has no contractual relationship with any of the foregoing service providers other than that which may be apparent from this website.
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User recognizes, acknowledges and accepts that eRealtyVest at no time acts as agent for any of the Professional Service Providers whose names may be listed on this website. User recognizes, acknowledges and accepts that eRealtyVest acts only as a facilitator in any matter for which this website is designed. User recognizes, acknowledges and accepts that eRealtyVest can only be liable to User in an amount not to exceed the subscription fee paid by User. Any use of this website, including, but not limited to, use of any data, use of any named entities, use of any addresses, or use of any prices quoted, are done at User's own risk, and any reliance thereon is not viewed as legally justifiable. It is incumbent upon each user to independently verify any and all information from this site. While eRealtyVest will undertake its best efforts to provide accurate information, it is recognized, acknowledged and accepted by User that eRealtyVest is only providing information submitted by other entities and cannot therefore guarantee its authenticity.
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Similarly, any entities, persons or properties referred to Users by eRealtyVest through the use of this website, are subject to the same independent verification requirements as hereinbefore described in the previous paragraph. It should be recognized, acknowledged and accepted by User that the terms of any agreement between a Professional Service Provider and/or mortgage lending institution and any User are not endorsed, recommended or otherwise known to or by eRealtyVest.
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For its provision of goods, services or referrals to any Users, eRealtyVest may receive payment from various Service or Goods Providers. User's use of this web site and the utilization of its services constitutes User's acknowledgment of, and agreement to, this compensation arrangement.
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eRealtyVest may from time to time offer eligible Users promotional opportunities. Not all Users may be eligible to receive all promotional opportunities.
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Real Estate Broker and Agent Services
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The eRealtyVest Network is a service provided to some Users that allows potential home sellers and homebuyers to request help from real estate brokers or agents. When a User seeks such services through this website, the User must provide information relevant to the prospective real estate transaction. This information is forwarded to selected local brokers or agents who have registered with eRealtyVest to receive such information. All such brokers and agents are independent third parties to eRealtyVest. eRealtyVest makes no representation or warranty as to the quality or qualification of any Professional Service Provider referred to User. It is the User's responsibility to independently investigate the qualifications of each Professional Service Provider prior to entering into any agreement.
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Property Posting Services
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Some Users, based upon special relationships with eRealtyVest, may post properties for sale on this web site to market those properties to other eRealtyVest Users. All Users affirm and agree to provide eRealtyVest with current and accurate information concerning each and every property so listed. All Users agree to provide only content that any User 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.
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User further agrees not to provide any information or content to eRealtyVest, whether online or otherwise, that is unlawful, untruthful, harmful, malicious, hateful, cruel, offensive, defamatory, slanderous, libelous, derogatory, discriminatory or objectionable in any way.
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Grant of License to eRealtyVest
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A User who posts a property or properties for sale on this web site grants to eRealtyVest an unlimited, unrestricted and royalty-free license to publish and display all, part or a modified version of the content provided by the User on any eRealtyVest controlled or sponsored web site and on all other eRealtyVest controlled or sponsored publications or services. A User who posts a property or properties for sale on its website, grants to eRealtyVest 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 User to all its Users, partners or affiliates and to any media which it shall deem in its sole discretion appropriate.
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Other Service Providers
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eRealtyVest may include advertising on its web sites for third-party service providers. eRealtyVest is not responsible for and makes no warranty or representation as to the quality or performance of the services offered by or through such service providers. It is the User's responsibility to independently investigate the qualifications of each service provider, to verify the claims of each service provider, and to carefully review each service provider's offering prior to entering into any agreement with same.
eRealtyVest is not responsible or liable for any acts or omissions created or performed by these other Service Providers. eRealtyVest's web sites may contain links to web sites maintained by third-party Service Providers. Such links are provided for the User's convenience and reference only. eRealtyVest does not operate or control, in any respect, any information, software, products or services available on such web sites, and does not assume any responsibility for their performance. eRealtyVest'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.
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Third-Party Content and Screening
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eRealtyVest accumulates data and content provided by third parties, 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 eRealtyVest. It therefore reserves the right, but is not obligated, to screen and review any content provided to eRealtyVest, and remove or edit any content, if it does not in its discretion seem appropriate.
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The eRealtyVest Real Estate Forum is a Third Party Resource that is moderated by an eRealtyVest administrator. A separate username and password may be used to register with the forum. However, If a user attempts to register in the forum, but is not an eRealtyVest member, then their forum access will be suspended.
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Modification of eRealtyVest Services
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eRealtyVest reserves the right to modify or discontinue any service, portion or attribute thereof, and the offering of any information, goods, content or product, with or without notice to any User. eRealtyVest shall not be liable to any User in the event that eRealtyVest exercises its right to modify or discontinue any service.
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DISCLAIMERS AND LIMITATIONS
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eRealtyVest does not guarantee the accuracy of the information contained in this web site and instructs the User to independently verify the accuracy of the information therein provided. Errors may occur as the result of human or mechanical error in any phase of the preparation, filing, aggregating or transcribing of the public records from which eRealtyVest receives and ultimately presents the information on its web sites. In addition, eRealtyVest may make changes and improvements to the information provided herein at any time. Resale property rating is based on information gathered by various sources from public records. As a result there may be inherent errors in this information that are not the fault of eRealtyVest. In addition, each property may have characteristics which affect its value, and which are not known to eRealtyVest because they are not of public record. As always, User should make its own determination of value.
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THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". EREALTYVEST, ITS SUPPLIERS, PARTICIPATING LENDERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND SERVICE PROVIDED THEREIN, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, BY THE USER'S USE OF EREALTYVEST SERVICES. THE USER AGREES AND ACKNOWLEDGES THAT THE USER'S USE OF ALL OF EREALTYVEST INFORMATION, SOFTWARE, PRODUCTS, GOODS OR SERVICES PROVIDED IN, BY OR THROUGH EREALTYVEST OR ITS WEB SITES IS AT THE USER'S OWN RISK. EREALTYVEST, ITS SUPPLIERS AND PROVIDERS, 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 EREALTYVEST's SERVICES OR WITH THE DELAY OR INABILITY TO USE ITS WEB SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS OR SERVICES OBTAINED THROUGH THE WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OR INABILITY TO USE SUCH WEB SITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE USER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES AND EVEN IF EREALTYVEST 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 THE USER, IF THE USER RESIDES IN SUCH A JURISDICTION.
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INDEMNITY
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As a condition of the use of eRealtyVest web sites, the User agrees to indemnify eRealtyVest 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 User's use of eRealtyVest's services.
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DISPUTE RESOLUTION
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The User agrees that any claim or controversy, arising out of or relating to the use of eRealtyVest's services, information, content and data displayed on the eRealtyVest web sites; the goods or services provided by eRealtyVest, or to any acts or omissions for which the User may contend eRealtyVest 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 User shall select an arbitrator from a panel of arbitrators acceptable to eRealtyVest. In any arbitration, the User shall 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. Any judgment upon the award rendered by the arbitrator may be entered only in a court of competent jurisdiction in Orange County, California. User and eRealtyVest 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 USER AND EREALTYVEST WILL BE RESOLVED BY BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA. THE USER THUS GIVES UP THE USER'S RIGHT TO BRING THIS MATTER IN A COURT OF LAW, TO ASSERT OR DEFEND THE USER'S RIGHTS. THE USER ALSO GIVES UP THE USER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS IN A COURT OF LAW. THE USER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE USER AND EREALTYVEST 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.
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OTHER TERMS
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These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, including its conflict of laws principles. If any part of these Terms and Conditions 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 or provisions shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in full force and 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.
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