YOUR RIGHTS, OBLIGATIONS AND PRIVILEGES
You do not have to register with the Site to view benefits available through this Site but only registered users of the Fee Based Service can access the features and services that RealtyStore.com currently offers. By becoming a registered user you agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your Registration and refuse any and all current or future use of the Site and the Service (or any portion thereof).
FEE-BASED SERVICE CHARGES
Certain features of this Site are available only through the purchase of a site subscription ("Fee-Based Services").
If you choose to use the Fee-Based Service, you agree to pay, using a valid credit 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.
If your registration offered a free trial period, after the trial period, and every month thereafter until you cancel, the membership fee will be automatically billed to the credit card your provided and authorized at time of registration. 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, in our sole discretion, to continue trying to bill your account or to terminate your access to the Fee-Based Services.
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.
RealtyStore offers several membership types including Trial Memberships and a 3-Month Membership. Each membership type and the respective cancellation policies are explained below:
30 day Trial Membership: You will have full access to the service for 30 days for a nominal trial fee of $1.00. If you do not cancel the service during the trial period, you will be billed $49.60 exactly 30 days, on the hour, from the date and time you originally registered. YOUR ACCOUNT WILL THEREAFTER CONTINUE TO BE BILLED ON A MONTHLY BASIS UNTIL CANCELLED.
3-Month Membership: You will be billed $99.00 immediately upon registration. You do not need to cancel your 3-month subscription, as you will only be billed one time. To continue your membership after the initial 3-month term, you will need to re-register for a new account.
At its sole discretion, RealtyStore.com may offer different subscription terms on its Site and the membership fees for such subscriptions may vary from time to time.Content on the Site, as well as various services, whether offered by RealtyStore.com, third-party Service Providers or others, may require additional fees.
You understand that to cancel your subscription, you can login to the Site at any time and proceed to the "My Account" page. Once on the "My Account" page, scroll down to the "Membership Status" section and click on the "Cancel" link, adjacent to "Status". Follow instructions to complete your cancellation and receive a cancellation confirmation number. We suggest you make a record of your cancellation confirmation number for future reference. 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 (800) 473-1783. All service fees are non-refundable.
IMPORTANT NOTICE - YOUR WRITTEN INSTRUCTIONS UNDER THE FAIR CREDIT REPORTING ACT
The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:
- You have been denied credit, insurance or employment in the past 60 days as a result of your report
- You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the day you make the certification
- You are a recipient of public welfare assistance
- You have reason to believe that your file at the agency contains inaccurate information due to fraud
The FCRA also permits consumers to dispute inaccurate information in their credit report without charge.
The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian, Equifax, and TransUnion) once every 12 months through a central source. Georgia residents can receive two disclosures per year. Although comprehensive, the credit reports from each of the three national credit reporting companies that are available from RealtyStore.com may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228.
By registering, you are authorizing RealtyStore.com to (i) retain a copy of your credit score(s) and report(s) in its records along with other information you are submitting through RealtyStore.com's registration form (collectively with credit score(s) and report(s), "Registration Information"), and (ii) use such Registration Information (A) to the extent necessary to process your order and/or engage in business maintenance, (B) to match you with product and service offers from RealtyStore.com or its marketing partners, which offers shall be sent via email or through display of advertising on RealtyStore.com, and (C) to use such Registration Information to provide statistical analysis and reports in aggregate with other users' Registration Information. RealtyStore.com will not share your Registration Information with any third party including any of its marketing partners.
NOT A CREDIT REPAIR ORGANIZATION OR CONTRACT
We offer access to your credit report, credit score and other credit information. We and our affiliates are not credit repair organizations, and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access any of the Service in order to do so.
WE WILL COOPERATE WITH LAW ENFORCEMENT AUTHORITIES AND THE COURTS
We have no obligation to monitor your use of the Service. You agree, however, that we retain the right to monitor your use of the Service, and to disclose any information as necessary or appropriate to satisfy any law, regulation or governmental request, to operate the Sites and the Services properly, to ensure your compliance with these Terms and Conditions, and to protect us, our affiliates, the Providers, and the general public.
We reserve the right, and you hereby authorize us, to cooperate with law enforcement authorities, including but not limited to complying with warrants, court orders and subpoenas. We also reserve the right, and you hereby authorize us, to comply with any civil court orders and subpoenas. In addition, if we decide to investigate or resolve possible misuse by you involving the Service, you authorize us to disclose to law enforcement or other government officials any information about you in our possession in connection with your use of the Sites or the Services.
We may take the actions described above without giving notice to you.
These Terms constitute the entire understanding and 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 these Terms shall not be construed as a waiver of any provision or right. In the event that any portion of these Terms are 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.
If you do not wish to be bound by these Terms, you should not visit or use the Site. Realtystore.com reserves the right to change these Terms from time to time at its sole discretion, without prior notice.
From time to time, in RealtyStore.com's sole discretion, RealtyStore.com may offer a reduced membership fee, varying trial membership durations (if any) or different terms altogether, for a specified promotional period, to first-time or other selected customers. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time. Specific details of your offer not covered in these Terms will be explained on the web page where you indicate your acceptance of the promotional offer.
HOME TESTIMONIAL POLICY
Participation in the testimonial offer is strictly voluntary and open to paying members of RealtyStore.com only. No business, corporation, or other entity shall be eligible for registration. Individuals may hold only one member account. Only one account per household is permitted. Individuals with multiple households or addresses may only hold one member account. To be eligible to receive our $500 bonus you must be an active member of RealtyStore.com at time of signing of purchase agreement and escrow closing. RealtyStore.com will payout $500 for your photo and audio testimonial describing your experience finding your property on RealtyStore.com. Pictures and testimonial may be used for promotional purposes by RealtyStore.com and/or its affiliates. Property must have been found on RealtyStore.com and not have been listed on the MLS (Multiple Listing Service) at time of purchase. A copy of the signed purchase agreement and grant deed recorded with the county recorder office matching the paying members' information must be furnished to be eligible for payout. Payout will be sent in the form of a check for $500. The company limits the total payouts to 10 per month. Payout month eligibility will be determined by date of signed purchase agreement. If you believe you meet these terms, send your information and documentation to email@example.com. Upon successful verification of our terms and conditions, please allow 2-3 weeks for delivery of your check.
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 this Site, or if you communicate with the Site by phone or mail, we collect 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 we see fit. Any communication which, in our sole discretion, the site we deem to be a testimonial, may be publicized for commercial purposes.
You agree to use the Site and Fee-Based Services only in a noncommercial manner. The Site'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.
Except as otherwise permitted on the Site, 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.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed, made available, or otherwise distributed through the Site is at your sole risk. The information on Site is provided solely for informational purposes and does not constitute an offer to sell, rent, or advertise real estate. There are no warranties or representations concerning any of these properties including their availability. Information on this Site is deemed reliable but not guaranteed and should be independently verified. Neither RealtyStore.com nor its Affiliates shall have any liability arising from your purchases of third party goods, or services or real property based upon the information provided on the Site. 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.
LINKS TO OTHER SITES
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 (and Fee Based Service, if applicable) in accordance with this Agreement.
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, including, without limitation, authorizing any other person or entity to utilize your account.
You hereby agree to indemnify, defend and hold harmless RealtyStore.com, and its Affiliates and each of their respective officers, directors and employees ("Indemnified Parties"), from and against any and all liability, loss, damage, expense and costs (including attorneys' fees) incurred by or imposed on any of them RealtyStore.com or the Affiliates in connection with any claim arising out of or in any way relating to any breach or alleged breach of any of your use of the Site or the Fee-Based Service or your violation of these Terms, applicable law or the rights of any third partyobligations 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. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
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.
EQUAL HOUSING OPPORTUNITY
Property owners and managers are subject to the Fair Housing Act, which prohibits "any preference, limitation, or discrimination in the sale, rental and financing of dwellings because of race, color, religion, sex, handicap, familial status, or national origin."
RealtyStore.com supports Equal Housing Opportunity and we encourage users of our Site to follow appropriate guidelines to comply with both the Federal Housing Act, as well as any applicable state and local regulations.
PROPERTY OWNER'S OR MANAGER'S RESPONSIBILITIES
As a property owner or manager you have a responsibility and a requirement under the law not to discriminate in the sale or lease of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. You cannot instruct your agent to convey on your behalf any limitations in the sale or lease because your agent is bound by law not to discriminate. Agents in a sale or lease transaction are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. They are prohibited from complying with a request from the property owner or manager to act in a discriminatory manner in the sale or lease. Moreover, a property owner or manager cannot establish discriminatory terms or conditions in the purchase or lease, deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national original.
HOME BUYER'S OR RENTER'S RIGHTS
As someone seeking to buy or lease a home, apartment or condo, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the pricing or financing of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your fair housing rights.
(a) To these Terms.
RealtyStore.com has the right to modify this Agreement and any policies affecting the Site in its sole discrestion. 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 and in its sole discretion, 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.
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 these Terms. 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.
These Terms are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any choice of law provisions.
MANDATORY ARBITRATION/CLASS ACTION WAIVER
All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person. You also acknowledge and agree that you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, and/or to participate as a member of a class of claimants in any lawsuit filed against us and/or related third parties.
Subscribing to RealtyStore.com indicates your agreement to the terms and conditions set forth above.