Terms and Conditions
REALTOREXPOSURE, INC TERMS AND CONDITIONS
Updated November 5, 2006
1. AGREEMENT BETWEEN USER AND REALTOREXPOSURE, INC.
The RealtorExposure, Inc. web site is available to home buyers and sellers as well as to agents and is stipulated upon your acceptance without modification of the terms, conditions and notices contained in these Terms & Conditions. As a User, your access and/or use of this Web site establishes your express agreement to all such terms, conditions and notices. If you do not agree with these Terms & Conditions, you are not authorized to use this Web site. It is recommended that you link to and review these Terms & Conditions because your continued usage of this Web site indicates your agreement with any revisions to these Terms & Conditions.
2. ACCOUNTS AND REGISTRATION
In order to access certain content and/or services on the Web site, you may be required to register an account with RealtorExposure, Inc. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to immediately notify RealtorExposure, Inc. of any unauthorized use of your password or account or any other breach of security, and to make certain that you exit from your account at the end of each session. Please notify us via email at support@realtorexposure.com or via voicemail at 866-622-7060 of any potential unauthorized use(s) of your account, or breach of security.
3. USER PROVIDED INFORMATION
By submitting your personal information to RealtorExposure, Inc. through the Web site, you hereby grant to RealtorExposure, Inc. a royalty-free license to use and disclose this information in accordance with RealtorExposure, Inc.’s Privacy Policy and these Terms & Conditions. Please review RealtorExposure, Inc. Privacy Policy before submitting any personally identifiable information to RealtorExposure, Inc. In using our services you warrant, represent, and agree that: (i) you will provide RealtorExposure, Inc. with truthful and accurate information and will promptly inform RealtorExposure, Inc. of any required updates to such information; (ii) you are of legal age (18 or over in most states) and are otherwise capable of forming a legally binding contract; and (iii) if you sign up with RealtorExposure, Inc. as a potential buyer or seller, you represent and warrant and agree that you are interested in being contacted by real estate agents, brokers, lenders and mortgage companies about real estate and loan services.
4. USER CONDUCT
You agree to abide by all applicable local, state, national, and foreign laws, treatises, ordinances, and regulations in connection with the use of the Web site and the RealtorExposure, Inc. services. Without limiting the foregoing, you agree not to use the Web site and/or RealtorExposure, Inc. services to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Web site or any email address obtained through a service on the Website any unlawful, harassing, libelous, harassing, defamatory, threatening, harmful, abusive, invasive of another's privacy, vulgar, obscene, or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) interfere with or disrupt servers or networks connected to the Web sites or violate the regulations, policies, or procedures of such networks; (e) attempt to gain unauthorized access to the Web site, other accounts, computer systems, or networks connected to the Web site, through password mining or any other means; or (f) harass or interfere with another user's use and enjoyment of the Web site. RealtorExposure, Inc. has no obligation to monitor the Web site or any User's use thereof or retain the content of any user session. However, RealtorExposure, Inc. reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. If RealtorExposure, Inc. becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms & Conditions or our Privacy Policy, RealtorExposure, Inc. may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation RealtorExposure, Inc. may suspend services to any User being investigated and/or remove any material from our servers You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms & Conditions or the Privacy Policy could be subject to criminal or civil penalties.
5. PROPRIETARY RIGHTS; NO RESALE OF SERVICES
RealtorExposure, Inc. has invested a significant amount of time, effort, and resources in the creation of this Website. The content and services available through this Web site are the sole property of RealtorExposure, Inc. or its licensors, and are protected by U.S. and international patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, RealtorExposure, Inc.-owned content which you receive through this Website may be downloaded, displayed, and printed for your individual use only. Content owned by RealtorExposure, Inc.’s licensors may be subject to additional restrictions. Except as provided in the foregoing sentence, you agree not to resell, reproduce, modify, display, transmit, distribute or copy goods, content, products, services, or information obtained from RealtorExposure, Inc.
6. LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to web sites operated by parties other than RealtorExposure, Inc. Such hyperlinks are provided for your reference only. RealtorExposure, Inc. does not control such third party web sites or their content, and cannot guarantee, represent, or warrant that the content of these third party web sites is accurate, legal, and/or inoffensive. RealtorExposure, Inc. does not endorse the content of other web sites, and cannot warrant that these web sites do not contain viruses or other features that may adversely affect your computer. By using the Web site to link to another third party web site, you agree and understand that you may not make any claim against RealtorExposure, Inc. for any damages or losses resulting from your use of the Web site to link to a third party web site.
TERMS APPLICABLE TO AGENTS AND BROKERS ONLY
RESPONSIBILITY OF REAL ESTATE AGENTS AND BROKERS
If you are a real estate agent and/or broker using our services (an “Agent”), you warrant, represent and agree that you are a reputable Agent with a current and valid license to perform the services in the service area you are marketing to.
MONTHLY SERVICE FEE
RealtorExposure, Inc. offers Agents various marketing services which are further described on the Web site and by contacting a sales agent. Certain services require a monthly service fee (the "Monthly Service Fee"). The Monthly Service Fee will be automatically charged to your credit card each month on or about the same date you sign up for the Monthly Service until such time as you provide RealtorExposure, Inc. with effective notice (as described in the paragraph below) of your intent to terminate your subscription to the Monthly Service.
RealtorExposure, Inc. reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which notice may be provided by email or through posting such notice on the Web site). In addition, RealtorExposure, Inc. reserves the right to issue discounts to Agents as it sees fit. If RealtorExposure, Inc. issues a discount to a particular Agent, RealtorExposure, Inc. is not obligated to issue any discount to another Agent nor to issue any further discounts in the future.
AUTOMATIC LEAD DELIVERY
Users are required to receive Automatic Lead Delivery to their designated email address but may also receive leads to their mobile phone via text messaging.
If you have agreed to participate in RealtorExposure, Inc.’s SEM MLS LEAD GENERATION SYSTEM, you be will charged on your credit card a specified Fee on or about the same day of every month beginning on the date a month after your RealtorExposure, Inc. is launched. Upon verbal approval to initiate your SEM MLS LEAD GENERATION SYSTEM, RealtorExposure, Inc. will manually charge your credit card the value of one month of service (pre-payment). Your authorization will remain in effect for the number of billing cycle month you agreed to upon joining the program. Please note that if you originally enrolled in RealtorExposure, Inc.’s SEM MLS LEAD GENERATION SYSTEM over the phone, RealtorExposure, Inc. may require you to subsequently fax a written credit card authorization form to RealtorExposure, Inc. in order to maintain your enrollment.
After expiration of the term of the program listed in the terms and conditions of sale you will be charged a Monthly Service Fee to keep your RealtorExposure, Inc. membership open unless you notify at least two (2) weeks prior to the end of the term.
The SEM MLS LEAD GENERATION SYSTEM program is non-transferable and your payment obligations during the term are non-cancelable and non-refundable.
PAYMENT METHODS; DELINQUINT PAYMENTS.
You must provide RealtorExposure, Inc. your exact billing address and telephone number so that RealtorExposure, Inc. can properly process payments for leads and other services provided by RealtorExposure, Inc. here under. RealtorExposure, Inc. accepts major credit cards including Visa, MasterCard, Discover, and American Express. No portion of any outstanding charges paid or owed to RealtorExposure, Inc. of any kind, including applicable subscription fees, is refundable to you.
Your RealtorExposure, Inc. account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. You understand and agree that RealtorExposure, Inc. may suspended, terminated archive, or purge your membership if you are delinquent on payment for more than one billing cycle and may assign your outstanding balance to a collection agency.
REFUNDS FOR BILLING DISCREPANCIES
If RealtorExposure, Inc. determines that a charge from RealtorExposure, Inc. was made in error, RealtorExposure, Inc. will refund the card provided you notify RealtorExposure, Inc. within 15 days of the statement date. Please keep in mind that it may not be possible for RealtorExposure, Inc. to issue refunds to cards that have been cancelled and RealtorExposure, Inc. will only refund the card in question. All billing issues must be directed to billing@realtorexposure.com or faxed to 360-.933-7303. RealtorExposure, Inc. will review the billing dispute and respond within 3 business days. You must provide the credit card number in question to have a billing dispute reviewed. Cancellations are not allowed and all purchases are final. If a billing issue is not raised by you within fifteen (15) business days after a questionable billing or other discrepancy should have been discovered, you waive the right to question those charges.
INDEMNITY
In addition to the general indemnity set forth in Section 11 below, as an Agent, you agree to defend, indemnify, and hold harmless RealtorExposure, Inc. and its affiliates, officers, directors, employees, and consultants, from and against any and all claims, losses, liabilities, and damages of any kind resulting from your use of the Leads, including, without limitation, any interaction you have with any consumers.
9. DISCLAIMER OF WARRANTY
THE INFORMATION, SOFTWARE, PRODUCTS, PRICING AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. REALTOREXPOSURE, INC. SHALL NOT BE HELD ACCOUNTABLE FOR SUCH ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. REALTOREXPOSURE, INC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY TIME. EXCEPT FOR THE LIMITED CONTACT WARRANTY SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. REALTOREXPOSURE, INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REALTOREXPOSURE, INC. OR ITS REPRESENTATIVE SHALL CREATE A WARRANTY AS IT IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. EXCEPT FOR THE LIMITED CONTACT WARRANTY, YOU ACCEPT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS AND/OR SERVICES; SHOULD ANY GOODS OR SERVICES PROVIDED HEREUNDER PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, YOU AND NOT REALTOREXPOSURE, INC. ASSUME THE COSTS TO CORRECT SUCH DEFECT.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL REALTOREXPOSURE, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY PERSONAL INJURY SUSTAINED THROUGH YOUR USE OF THIS WEBSITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR THROUGH CONTACT WITH THE CONSUMERS SET FORTH IN THE LEADS, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE. IN NO EVENT SHALL REALTOREXPOSURE, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF INTERRUPTION OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SERVICES, LOSS OF DATA, OR LOSS OF GOODWILL) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR WITH ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF REALTOREXPOSURE, INC. AND/OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL REALTOREXPOSURE INC.’S AGGREGATE LIABILITY IN CONNECTION WITH THIS WEBSITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, EXCEED THE FEES ACTUALLY PAID TO REALTOREXPOSURE, INC. BY THE AGENT. The foregoing limitations shall apply even if the above stated remedy fails of its essential purpose. You acknowledge that the limitations of liability in these Terms & Conditions and the allocation of risk herein are an essential element of the bargain between the parties, without which RealtorExposure, Inc. would not have provided Services to the consumer. RealtorExposure, Inc. pricing reflects this allocation of risk and the limitation of liability specified herein.
11. USER INDEMNITY
You agree to defend, indemnify, and hold harmless RealtorExposure, Inc and its affiliates, officers, directors, employees, and consultants, from and against any and all claims, losses, liabilities, and damages of any kind resulting from: (1) your failure to comply with these Terms & Conditions; (2) your use of the Website or any information disclosed therein; (3) your negligence and/or intentional misconduct; (4) breach of any representation, warranty or obligation hereunder and/or (4) any authorized disclosure of Personal Information (including, without limitation, your authorization that RealtorExposure, Inc disclose your personal information to real estate agents).
12. TERMINATION OF SERVICES
RealtorExposure, Inc reserves the right to remove any and all information on the Web site and/or to cancel any and all services provided on or through the Web site or provided to anyone at any time. In addition, if RealtorExposure, Inc. has reason to believe you are in breach of these Terms & Conditions or any other obligations owed to RealtorExposure, Inc then without limiting any other remedies, RealtorExposure, Inc. may issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership and delete any other information placed by you on the Web site at RealtorExposure, Inc.'s sole discretion.
13. ASSIGNMENT
You may not assign these Terms & Conditions, in whole or in part, without RealtorExposure, Inc.’s prior written consent, and any attempted assignment without such consent shall be null and void. RealtorExposure, Inc. may assume and assign these Terms & Conditions without your consent to a successor-in-interest in connection with a change of control, merger, sale of all or substantially all of its assets to which this Agreement relates or other corporate reorganization. Subject to the foregoing, these Terms & Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
14. GENERAL
These Terms & Conditions are governed by the laws of the State of California, USA. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RealtorExposure, Inc. as a result of these Terms & Conditions or use of this Web site. RealtorExposure, Inc.'s performance of its obligations hereunder and/or any services offered on the Web site is subject to existing laws and legal process, and nothing contained in these Terms & Conditions is in derogation of RealtorExposure, Inc.'s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by RealtorExposure, Inc. with respect to such use. If any part of these Terms & Conditions is 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 will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms & Conditions shall continue in effect. These Terms & Conditions may not be amended by you. RealtorExposure, Inc.’s waiver of any term, condition or notice contained within these Terms & Conditions shall not be construed as a waiver of any subsequent breach or failure of the same term or condition or a waiver of any other term or condition or notice contained in these Terms & Conditions. RealtorExposure, Inc. shall not be responsible for any delay or failure in performance of its obligations under these Terms & Conditions that is caused directly or indirectly by events, occurrences, or causes beyond its reasonable control. These Terms & Conditions constitute the entire agreement between you and RealtorExposure, Inc. with respect to this Web site and the services provided thereon and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and RealtorExposure, Inc. with respect to this Web site (including any prior versions of these Terms & Conditions). A printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.