YOUR RIGHTS, OBLIGATIONS AND PRIVILEGES
This page contains our full User Agreement. You may wish to print this page for reference. This Agreement sets forth the terms and conditions for you to access the RealtyStore.com Web site. Your use of this site constitutes your agreement to these Terms of Use.
FEE-BASED SERVICE CHARGES:
Certain features of this site are available only through the purchase of a site subscription ("Fee-Based Services").
| (a) |
You agree to pay, using a valid credit card or debit card, the monthly or annual subscription charges set forth on the Site and other charges incurred on your account in order to access the Fee-Based Services. |
| (b) |
After the trial period, and every month thereafter until you cancel, the membership fee will be automatically billed to your credit card (or debited from your checking account, if you authorized that option). The renewal charge will be the then current published rate for the term of your subscription. In the event RealtyStore.com cannot charge your account, we reserve the right to continue trying to bill your account or to terminate your access to the Fee-Based Services. |
| (c) |
You may be subject to a pre-authorization at the time you order your Online Membership. THE PRE-AUTHORIZATION IS NOT A CHARGE TO YOUR CREDIT CARD, HOWEVER THE THEN APPLICABLE MONTHLY SUBSCRIPTION CHARGE MAY BE RESERVED AGAINST YOUR AVAILABLE CREDIT CARD LIMIT. FOR FURTHER DETAILS, CONTACT YOUR CREDIT CARD ISSUER FOR FURTHER DETAILS. |
CANCELLATION POLICY:
You understand that to cancel your subscription, you can login to the RealtyStore.com Site at any time and proceed to the "My Account" page. Once on the "My Account" page, scroll down to the "Membership Information" section and click on the "Cancel" link, adjacent to "Membership Status". On the "Membership Status" page you will click the "Cancel Membership" link. Your account is immediately canceled and you will be issued a cancellation confirmation number. If you do not receive a cancellation confirmation number, then your account was not canceled. You may also cancel by email or telephone by calling 1.800.473.1783. All service fees are non-refundable.
PRICING INFORMATION:
RealtyStore offers several membership types including Trial Memberships, a Standard Membership and an Annual Membership. Each membership type and the respective cancellation policies are explained below:
| (a) |
7-Day Trial Membership: You will have full access to the service for 7-days for a nominal trial fee. If you do not cancel the service during the trial period, you will be billed $49.60 exactly 7-days, on the hour, from the date and time you originally registered. For example, if you signed up for the trial on January 1 at 2PM, you would be billed for the first month of service on January 8 at 2PM. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON A MONTHLY BASIS UNTIL CANCELLED. |
| (b) |
Standard Membership: You will be billed $49.60, immediately upon registration. There is NO trial with the Standard Membership. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON A MONTHLY BASIS UNTIL CANCELLED. |
| (c) |
Annual Membership: You will be billed $199.00 immediately upon registration. You do not need to cancel your annual subscription, as you will only be billed one time. To continue your membership after the initial one-year term, you will need to re-register for a new account. |
REALTYSTORE PROFESSIONAL NETWORK ("REP"):
By joining the REP program, you unconditionally accept the REP terms of service described below.
RealtyStore.com allows REP Service Providers to purchase marketing and advertising space on the RealtyStore.com site on a nonexclusive basis, for a monthly fee, payable in advance after a trial period. Service Providers purchase geographical areas based on postal zip codes known as a "Region". Properties listed in a Region will randomly display the profile of the REP Service Provider who has purchased the applicable Region. When a RealtyStore.com subscriber has accessed or clicked on a particular property in the Region, the REP Service Provider who has purchased that Region will have their profile displayed as a preferred service provider.
REP Service Providers must submit valid contact, license and payment information when registering for the nonexclusive REP program. REP Service Providers hereby represent and warrant the accuracy of the information provided and the authority to enter into a legally binding contract with RealtyStore.com for the marketing services provided herein. Fees charged to REP Service Providers for access to a Region are subject to change on a monthly basis and are determined at the sole discretion of RealtyStore.com. All marketing fees are payable in advance on a month-to-month basis and REP Service Providers agree that the minimum service period is one (1) month. Termination shall occur and be effective on the first (1st) day of the subsequent month and all REP service fees are non-refundable. Billing for the REP services will be recurring on a month-to-month basis until canceled by the REP Service Provider.
USER EMAIL OR TESTIMONIALS:
If you are a customer and send an email to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the site sees fit. Any communication which, in its sole discretion, the site deems to be a testimonial, may be publicized for commercial purposes.
NO-COMMERCIAL USE:
You agree to use the Site and Fee-Based Services only in a noncommercial manner. The RealtyStore.com's services are intended for individual or private use only. Any other use is strictly prohibited.
COPYRIGHT AND TRADEMARKS:
All materials on the Site, including without limitation text, images, software, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by RealtyStore.com, its content suppliers and/or other content providers and is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of RealtyStore.com.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of RealtyStore.com, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of RealtyStore.com or the relevant Affiliate.
INFORMATION PROVIDED:
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. RealtyStore.com reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither RealtyStore.com nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.
LINKS TO OTHER SITES:
The Site may contain links to other sites on the Internet, which may be maintained by third parties. Such links do not constitute an endorsement by RealtyStore.com or its Affiliates of any third-party site or any materials contained therein. RealtyStore.com and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
AGE RESTRICTIONS:
You represent and warrant to RealtyStore.com that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
FINANCIAL RESPONSIBILITY:
You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.
INDEMNIFICATION:
You hereby agree to indemnify, defend and hold harmless RealtyStore.com and its Affiliates from and against any and all liability and costs incurred by RealtyStore.com or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. RealtyStore.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of RealtyStore.com.
DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, REALTYSTORE.COM AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY REALTYSTORE.COM. REALTYSTORE.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY.
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL REALTYSTORE.COM OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR REALTYSTORE.COM OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF REALTYSTORE.COM, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF REALTYSTORE.COM AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE REALTYSTORE.COM AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
MODIFICATIONS:
(a) To the Agreement.
RealtyStore.com has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of RealtyStore.com in providing the Site, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription.
(b) To the Site:
RealtyStore.com has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. RealtyStore.com may also impose limits on certain features and services or restrict your access to parts or all of the RealtyStore.com Site without notice or liability.
YOUR RIGHTS:
RealtyStore.com grants you a non-exclusive, non-transferable, limited right to access, use this Web site (the "Site") and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
GENERAL:
This Agreement constitutes the entire agreement between you and RealtyStore.com with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and RealtyStore.com. Failure by RealtyStore.com to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. The laws of the state of California shall govern interpretation and enforcement of this agreement. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
This Agreement (the "Agreement") is between you and RealtyStore.com. If you do not wish to be bound by these terms and conditions of use, you should not visit or use the RealtyStore.com Web site. Realtystore.com reserves the right to change these Terms of Use from time to time at its sole discretion, without prior notice.
Subscribing to RealtyStore.com indicates your agreement to the terms and conditions set forth above.
