Upon registration as a Member, you self-select a username and password. It is your responsibility to maintain the confidentiality of that username and password, as you will be responsible for all activity transacted under that username and password through the Site. If you believe your username or password has been compromised, you should change them immediately via the Site and contact Customer Service at 1-800-692-0465.
Member grants to RealtyTrac an unlimited, unrestricted, irrevocable, perpetual and royalty-free license to publish and display, in accordance with applicable law, all, part or a modified version of any information, data or other content that Member provides via the Site or any other RealtyTrac controlled or sponsored website or RealtyTrac controlled or sponsored publications and services ("Member Content"). Furthermore, any Member who posts Member Content on the Site or any RealtyTrac-controlled or sponsored website, including without limitation, properties for sale, hereby grants to RealtyTrac the right to distribute, by e-mail or otherwise, all, part or a modified version of such Member Content to any third party, including any media RealtyTrac may deem advisable in its sole determination for marketing purposes.
If you believe any Content infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the photograph that you claim is infringing and where it is located on the Site; (4) your address, telephone number, and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: General Counsel, Renwood RealtyTrac LLC., One Venture Plaza, Suite 300, Irvine, CA 92618.
a. Member Service Requests
Home Disclosure may choose to allow Members through the Site to submit requests for Services to independent third-party real estate brokers and agents ("Professional Service Providers"), as well as third-party providers of related services, including but not limited to mortgage, moving, and magazine services (providers of such services and Professional Service Providers collectively, "Service Providers"). Members who make such requests to Service Providers hereby agree to supply Home Disclosure with information about themselves and the property they want to sell or hope to buy, and hereby permit Home Disclosure to provide some or all of this information to third parties. As Home Disclosure uses e-mail and telephones to provide the Services, all Home Disclosure Members hereby consent to receiving e-mails and telephone calls from Home Disclosure to qualify for, participate in, and otherwise receive the Services. Some of the telephone numbers listed on the Site may be routed through a third party service ("Telephone Calling Service"). Telephone calls made to Home Disclosure or through the Telephone Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that Member makes a telephone call to Home Disclosure directly, or to Service Providers through the Telephone Calling Service, Member consents to such recording and monitoring. Member also consents to receiving e-mails and telephone calls from Service Providers and other third parties, as Member's requests for Services may require services from such third parties.
Member affirms that all of the information Member provides to Home Disclosure, whether through the Site or otherwise, is accurate and complete. Member also agrees to update Home Disclosure with current and accurate information, if at any time the information Member provided to Home Disclosure changes. Member affirms and agrees that Home Disclosure may provide Member’s contact information to third-party services providers so that they may contact member directly to provide promotional opportunities.
Home Disclosure may from time to time offer eligible Members promotional opportunities, such as alternative membership products, training courses and publications. Not all Members may be eligible to receive all promotional opportunities.
b. Other Services
From time to time Home Disclosure may make available through the Site third-party Service Providers which may offer certain Services to Members, including without limitation, moving services, magazines and mortgage services. Home Disclosure makes such third-party Service Providers available through the Site in exchange for a fee or other consideration from such third-party Service Providers, and as a convenience to Members or Members may be contacted directly by third-party Service Providers. Member here by acknowledges and agrees that it is Member's responsibility independently to investigate the qualifications of each Service Provider and to review carefully each Service Provider offering prior to entering into any engagement with such Service Provider.
c. Member shall abide by all applicable federal, state, and local laws and regulations of any kind governing fair information practices and consumers' rights to privacy, including without limitation any applicable non-solicitation laws and regulations.
d. Member shall not use the Services or the Content: (i) in conducting any marketing or telemarketing activities; (ii) for redistribution or publication via the Internet; (iii) to create real estate valuation models, programs or systems; (iv) for the purpose of extracting, selecting or otherwise removing any data elements contained in the Services or the Content for any reason; (v) in conducting real estate appraisal; (vi) for the purpose of debt collection; (vii) in connection with evaluating risk, underwriting, or marketing or selling insurance products of any kind, including without limitation, life, health, long-term care, disability casualty, umbrella, mortgage, title or property, or (viii) in connection with the marketing or sale of legal services or products of any kind, including without limitation, bankruptcy or real estate title/lien history.
e. Member shall not use the Services or the Content: (i) as a factor in establishing an individual's eligibility for credit or insurance; (ii) in evaluating an individual for employment purposes; (iii) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority; (iv) in a way that would cause the Services or the Content to constitute a "consumer report" under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; or (v) in any other manner that would cause such use of the Services and/or the Content to be construed as a consumer report by any authority having jurisdiction over any of the parties.
f. Member shall not use the Services or the Content in any way that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
g. Member shall not remove, alter or obscure any proprietary notices contained in the Services or the Content or other materials provided by Home Disclosure hereunder, and shall reproduce all such notices on all copies or portions thereof.
h. Member represents, warrants, affirms and agrees that it is authorized by law or contractual agreement to provide all Member Content licensed to Home Disclosure hereunder, and that such Member Content or the provision thereof does not violate any other agreement, third-party contract or the proprietary rights of any third-party. Member further represents, warrants, affirms and agrees that all Member Content licensed to Home Disclosure or otherwise provided hereunder is not unlawful, harmful, malicious, hateful, cruel, offensive, defamatory, slanderous, libelous, derogatory or objectionable in any way.
a. Payment Terms and Charges
The fee to purchase Home Disclosure reports are listed on the billing page on the site. Member hereby authorizes Home Disclosure to charge Member's credit card, debit card or bank account, in advance, for the amount of Member's purchase based on the selected product Member purchased.
From time to time at its sole discretion, Home Disclosure may offer different pricing terms on its Site and the report fees may vary.
Various Services and/or Content on the Site, whether offered by Home Disclosure, third-party Service Providers or others, may require additional fees or charges.
b. On Time Payment
Member is required to pay all charges on time, and agrees to submit an accompanying payment authorization in connection with these charges when requested by Home Disclosure. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. Home Disclosure may terminate or disable Member's membership if Member fails to pay fully and in a timely manner all amounts due to Home Disclosure. If Member's credit card expires or is otherwise declined for payment, access to the Services and delivery of the purchased reports may be modified, suspended or cancelled, in Home Disclosure's sole discretion and without notice to Member. If any Member payment is more than thirty (30) calendar days past due, interest pro-rated daily, at the rate of 15 percent per annum on such past due amounts, or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges, plus this assessment, will become immediately due and payable. Member shall pay all costs incurred by Home Disclosure with respect to collection of any past due amount, including legal fees. Each time Member accesses or uses the Site or the Services, Member affirms that Home Disclosure is authorized to obtain payment through a selected payment method. All fees are quoted and payable in United States Dollars. Member is also responsible for paying all applicable taxes for Services and/or Content, and any other costs incurred in connection with the use of or access to the Site.
c. Payment Methods
Home Disclosure accepts most major credit cards.
d. Refund Policy
Refunds or credits may be considered on a case by case basis where it is determined the property data is incorrect or invalid. Refunds may not be given if you have initiated another form of resolution with your credit card company, such as credit card charge-backs.
Member may contact the Home Disclosure Customer Service Department by e-mail at firstname.lastname@example.org or telephone at 1-800-692-0465 concerning charges or other questions regarding the status of Member's purchases. However, if Member's purchases related questions are not satisfactorily resolved within fifteen (15) business days of Member's first calling or sending an e-mail to the Home Disclosure Customer Service Department regarding such questions, Member must write to the Home Disclosure Customer Service Department at: One Venture Plaza, Suite 300, Irvine, CA 92618, delivered by United States mail or by fax to 949.305.0803. Notwithstanding the foregoing, in no event may Member dispute any charge or account billing hereunder later than ninety (90) days after such questionable account billing or other discrepancy should have been or could have been reasonably discovered by Member.
Otherwise, except as required by applicable law, any and all such Member complaints are waived by Member.
Either Home Disclosure or Member may cancel Member's membership at any time for any reason. All members may terminate membership by telephoning a cancellation request to 1-800-692-0465 during the business hours of 7am to 6:30pm Pacific Time, Monday through Friday and 8am to 4pm Pacific Time, Saturday and Sunday.
Home Disclosure reserves its right to terminate or suspend access to the Services and the Content to any Member whose information Home Disclosure believes, at Home Disclosure's sole discretion, to be inaccurate or misleading.
Home Disclosure reserves the right to modify or to discontinue any and all Services and/or Content or any portion or attribute thereof, with or without notice to any Member. Home Disclosure shall not liable to any Member in the event that Home Disclosure exercises its rights under this Section.
a. The Site may contain links to websites maintained by third parties ("Third Party Websites"), including Service Providers. Such links to Third Party Websites are provided for Member's convenience and reference only. Home Disclosure does not operate or control, in any respect, any information, content, software, products or services available on such Third Party Websites, and is not responsible for any content on such Third Party Websites, including the website of any Service Provider or any other third party. Home Disclosure's inclusion of links to such Third Party Websites does not imply any endorsement, warranty, guarantee or recommendation of such Third Party Websites, or of the content, products or services, or of the sponsoring organization thereof.
b. Home Disclosure is a data aggregator of content supplied by third parties and Members and assumes no obligation to exercise editorial control over the opinions, advice, statements, Services, offers or other content provided by third parties, including Members. Nevertheless, Home Disclosure reserves the right to screen, review, edit or remove any content if it does not comply with laws, rules or regulations, or for any other reason Home Disclosure deems relevant in its sole discretion.
c. Property descriptions and other information used in Home Disclosure's research tools for selecting properties and determining pricing on any Professional Service Provider's website or on a website to which you may be linked have not been verified by Home Disclosure or any Professional Service Provider, and such descriptions, data, and information are not intended to be binding on any Professional Service Provider.
d. Member acknowledges and agrees that its use of any Service provided to Member by a Service Provider shall be subject to the terms of a separate agreement between the Member and the applicable Service Provider, and that Home Disclosure has no liability to Member in relation to any Service provided by a Service Provider, or any acts or omissions of any Service Provider.
e. For its Services and referrals, Home Disclosure may receive payment from Service Providers. Membership with Home Disclosure and use of the Services and/or the Content constitutes Member's acknowledgment of and agreement to this compensation arrangement.
Home Disclosure attempts to ensure that the Content is accurate and reliable; however, errors sometimes occur. Home Disclosure does not guarantee the accuracy of the Content and advises you independently to verify the accuracy of the information provided. In addition, Home Disclosure may make changes and improvements to the Content at any time. Home Disclosure makes no representation or warranty as to the quality or qualification of any Service Provider referred to Member, and is not responsible or liable for any acts or omissions created or performed by such Service Providers.
THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." HOME DISCLOSURE AND ITS SUPPLIERS (INCLUDING PARTICIPATING LENDERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS) DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER RELATING TO THE SITE, THE CONTENT AND THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE CONTENT IS UP-TO-DATE, ACCURATE OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, THE SERVICES AND THE CONTENT WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
BY MEMBER'S USE OF THE SERVICES, THE CONTENT OR THE SITE, MEMBER AGREES AND ACKNOWLEDGES THAT MEMBER'S USE OF THE SERVICES, THE CONTENT AND THE SITE IS AT MEMBER'S OWN RISK. NEITHER HOME DISCLOSURE NOR ITS SUPPLIERS ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONTENT OR THE USE OF THE SERVICES OR THE SITE, OR WITH DELAY OR INABILITY TO USE THE SITE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
If you are a California resident, you waive California Civil Code § 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known to him or her must have materially affected his or her settlement with the debtor."
TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL HOME DISCLOSURE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF FEES, IF ANY, ACTUALLY PAID BY MEMBER TO HOME DISCLOSURE WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.
You agree to comply with all applicable laws, statutes, ordinances, and regulations in connection with your use of the Site.
The Services may be subject to United States export controls and may not be accessed or used by: (1) a national or resident of Cuba, Sudan, North Korea, Iran, Syria, or any other country subject to United States embargo that makes provision of Services through this Site unlawful; or (2) any person or entity identified on the U.S. Treasury Department's list of Specially Designated Nationals or any other list that prohibits the provision of Services through this Site. You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under the control of any such country or on any such list.