Realtytrac trial period

Effective September 1, 2010 - Realtytrac trial period.


RealtyTrac Inc. ("RealtyTrac," "we," or "us")

One Venture Plaza, Suite 300

Irvine, CA 92618

info@realtytrac.com



By registering with RealtyTrac, you become a registered user and a "Member", whereby RealtyTrac offers certain services to you, the Member, conditioned on your agreement to adhere to the following terms of use ("Terms of Use").



Member accepts these Terms of Use by registering as a Member and using RealtyTrac's website (the "Site") or the services, information, goods, content, or products made available through the Site (each a "Service" or, collectively, the "Services"). These Terms of Use are subject to change by RealtyTrac, in its sole discretion, at any time, without prior notice to you. Your continued access to or use of the Site or the Services after such changes have become effective constitutes your conclusive acceptance of the modified Terms of Use.



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 have been compromised, you should change them immediately via the Site and contact Customer Service at 1-877-888-8722.

1. License and Copyright



The content of the Site, including without limitation, its "look and feel" (e.g., text, graphics, images, logos, and button icons), editorial content, data, information, notices, software (including HTML or XML-based computer programs) and other material (collectively, the "Content"), are protected under both United States and foreign copyright, trademark, and other laws. The Content belongs or is licensed to RealtyTrac. We hereby grant you the right to view and use the Site subject to these Terms of Use. You may download or print a copy of Content for internal use only. Permission to reprint or electronically reproduce any Content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.



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: Rick Sharga, Vice President of Sales and Marketing, RealtyTrac Inc., One Venture Plaza, Suite 300, Irvine, CA 92618.

2. Services



1. Member Service Requests

RealtyTrac allows 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 RealtyTrac with information about themselves and the property they want to sell or hope to buy, and hereby permit RealtyTrac to provide some or all of this information to third parties. As RealtyTrac uses e-mail and telephones to provide the Services, all RealtyTrac Members hereby consent to receiving e-mails and telephone calls from RealtyTrac to qualify for, participate in, and otherwise receive the Services. 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 RealtyTrac, whether through the Site or otherwise, is accurate and complete. Member also agrees to update RealtyTrac with current and accurate information, if at any time the information Member provides to RealtyTrac changes.



RealtyTrac 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.

2. Real Estate Broker/Agent Services

The RealtyTrac Agent Network is a Service provided to Members that allows potential home sellers and home buyers to request Services from Professional Service Providers, as more fully set forth on the Site. Members using the RealtyTrac Agent Network must provide RealtyTrac with information relevant to the applicable real estate transaction, and hereby permit RealtyTrac to forward such information to selected Professional Service Providers who have registered with RealtyTrac to receive such information. Members acknowledge and agree that all such Professional Service Providers are independent third parties with respect to RealtyTrac. All real estate listings, prices and descriptions provided on any such Professional Service Provider's website or on a website to which you may be linked following your submission of a showing or listing request are electronically placed on such websites by such third-party Professional Service Providers and not by RealtyTrac.

3. Property Posting Services

Members may post properties for sale on the Site for the purpose of marketing those properties to other users of the Site and/or Services. Member represents, warrants and affirms that all of the information and Member Content that Member provides to RealtyTrac, whether through the Site or otherwise, is accurate and complete. Member also agrees to update RealtyTrac with current and accurate information and associated Member Content, if at any time such information Member previously provided to RealtyTrac changes.

4. Other Services

From time to time RealtyTrac 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. RealtyTrac 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. Member hereby 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.



3. Limitations on Use



1. Unless expressly authorized in these Terms of Use, the Services and the Content may be used by Member solely for personal, noncommercial purposes. The Services and the Content may not be shared with or used by any of Member's agents, representatives, consultants, officers, directors, shareholders or affiliates, or any third party, including through joint marketing arrangements.

2. Unless expressly authorized in these Terms of Use, Member shall not: (i) disclose, use, distribute, publish, disseminate, reproduce, reformat or modify the Services or the Content or any portion thereof in any manner, (ii) transfer, sell, convey, resell, or sublicense the Services or the Content or any portion thereof in any manner, (iii) permit any parent, subsidiaries, affiliated entities or other third parties to use the Services or the Content or any portion thereof, (iv) process any portion of the Services or the Content, or permit any portion of the Services or the Content to be processed with other data, information, editorial content, software (including HTML or XML-based computer programs) or other material from any other source, (v) allow access to the Services or the Content through any terminals located outside of Member's operations, (vi) use the Services or the Content to create, enhance or structure any database in any form for resale or distribution, or (vii) use the Services or the Content to create derivative work or derivative products of any kind.

3. 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.

4. 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.

5. 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.

6. 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.

7. Member shall not remove, alter or obscure any proprietary notices contained in the Services or the Content or other materials provided by RealtyTrac hereunder, and shall reproduce all such notices on all copies or portions thereof.

8. Member represents, warrants, affirms and agrees that it is authorized by law or contractual agreement to provide all Member Content licensed to RealtyTrac 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 RealtyTrac or otherwise provided hereunder is not unlawful, harmful, malicious, hateful, cruel, offensive, defamatory, slanderous, libelous, derogatory or objectionable in any way.



4. PAYMENT OF CHARGES



1. Payment Term and Changes

The fee to register as a Member on the Site is normally assessed on a monthly basis, but other billing arrangements may be made available to Members, in RealtyTrac's sole discretion. The membership fee is calculated from the day upon which Member's paid membership commences. Member agrees that if Member applies for a seven (7) day free trial membership ("Trial Membership") and does not cancel such Trial Membership, Member authorizes RealtyTrac to convert the Member's Trial Membership into a regular paid membership for the term selected, effective seven (7) days, or one hundred sixty-eight (168) hours following Member's initiation of the Trial Membership. Member hereby authorizes RealtyTrac to charge Member's credit card, debit card or bank account, in advance, for the amount of Member's regular membership fee for each agreed term of the Member's selected membership term. Member hereby authorizes RealtyTrac to modify the term membership fee charged to Member upon thirty (30) days notice to Member sent by e-mail to the address provided on registration. The membership fee, when paid, is non-refundable and accrues on the first day of each term or successive renewal term until canceled, regardless of whether or not the Member actually uses the Site, the Services or the Content. Notwithstanding the language in this paragraph, if a membership resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.



From time to time at its sole discretion, RealtyTrac may offer different subscription terms on its Site, and the membership fees for such subscriptions may vary.



Various Services and/or Content on the Site, whether offered by RealtyTrac, third-party Service Providers or others, may require additional fees or charges.

2. 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 RealtyTrac. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. RealtyTrac may terminate or disable Member's membership if Member fails to pay fully and in a timely manner all amounts due to RealtyTrac. If Member's credit card expires or is otherwise declined for payment, access to the Services and the Site may be modified, suspended or cancelled, in RealtyTrac'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 RealtyTrac 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 RealtyTrac 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.

3. Payment Methods

Member's complete billing address and telephone number must be provided to process payments. RealtyTrac accepts most major credit cards and may accept bank drafts, including personal checks, money orders, cashiers checks and company checks sent by mail. However, for non-credit card or non-electronic payment methods, RealtyTrac does not offer a Trial Membership and may not credit the applicable account until additional procedures are completed and after RealtyTrac's bank certifies receipt of funds — typically ten (10) business days after receipt of a check. RealtyTrac may charge a twenty dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.

4. Account Discrepancies

Member may contact the RealtyTrac Customer Service Department by e-mail at support@realtytrac.com or telephone at 877.888.8722 concerning charges or other questions regarding the status of Member's account. However, if Member's account-related questions are not satisfactorily resolved within fifteen (15) business days of Member's first calling or sending an e-mail to the RealtyTrac Customer Service Department regarding such questions, Member must write to the RealtyTrac Customer Service Department at: RealtyTrac Inc., 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.



5. Term of Membership



The term of Member's access to the Site, Services and Content is based upon Member's express agreement and adherence to these Terms of Use and to Member's fully paid membership and other fees. Member's membership to the Site shall be for the initial term (e.g., daily, monthly, quarterly, semi-annually or annually) as may be agreed by Member and RealtyTrac through online registration, telephone order or otherwise, and shall automatically renew for indefinite successive renewal terms for the same period as the initial term or on a month to month basis, depending on agreed upon terms, unless terminated by Member or RealtyTrac in accordance with the provisions of these Terms of Use. However, if Member accepts a special or introductory promotional offer for a membership, then at the conclusion of the initial term specified in such special introductory promotional offer, the membership shall automatically renew and Member hereby authorizes RealtyTrac to charge Member's credit card or bank account in advance on a month-to-month basis for indefinite successive renewal terms at the then prevailing regular published monthly retail rate at the time of such renewal until terminated in accordance with the provisions of these Terms of Use.



Member acknowledges and agrees that NO refund, offset or credit will be given for any cancellation of a special introductory promotional offer membership or for subscription downgrades. If Member registers for a free Trial Membership, Member agrees to be enrolled into a pre-paid month-to-month membership at the end of the free trial period if Member has not canceled the Trial Membership prior to the expiration thereof.

6. Termination



Either RealtyTrac or Member may cancel Member's membership at any time for any reason (unless otherwise stated in an applicable promotional offer). In the event of termination by Member or by RealtyTrac, all fees due to RealtyTrac up to the end of the then-current term billing cycle at time of termination shall remain payable to RealtyTrac unless otherwise specifically stated in an applicable promotional offer.



Member may terminate membership by one of five ways that applies to their type of membership, as follows:



1. All members may terminate membership online, using the "Edit My Profile" feature in the "My RealtyTrac" section of the Site, accessible to Member upon login.

2. All members may terminate membership by e-mailing a cancellation request to support@realtytrac.com at least five (5) days prior to the desired cancellation date.

3. All members may terminate membership by telephoning a cancellation request to 877.888.8722 during the business hours of 8am to 5pm PST Monday through Friday. A $5 dollar service and processing fee will be applied for paying membership cancellation requests processed via telephone.

4. All members may terminate a membership by faxing a cancellation request to 949.861.9413 at least five (5) days prior to the desired cancellation date.

5. Only paying members may terminate by mailing a cancellation request to RealtyTrac Inc., One Venture Plaza, Suite 300, Irvine, CA 92618. Such cancellation will be effective approximately ten (10) days after receipt.



RealtyTrac reserves its right to terminate or suspend access to the Services and the Content to any Member whose information RealtyTrac believes, at RealtyTrac's sole discretion, to be inaccurate or misleading.



If at any time RealtyTrac believes, in its sole discretion, that the Member has violated any provision of these Terms of Use, RealtyTrac may immediately terminate Member's membership and all other Services without any right of Member to a refund or other remedy, and all fees due to RealtyTrac up to the end of the then-current billing cycle at the time of such termination shall remain payable to RealtyTrac. Such termination will not limit any other right by RealtyTrac under contract, tort or any other legal theory to pursue any claim or cause of action against the Member for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney's fees and court costs.

7. Ownership and Safekeeping; Modification of RealtyTrac Services



The Services and the Content are and shall remain the sole and exclusive property of RealtyTrac. Member shall have only the limited rights with respect to the Services and the Content as expressly granted in these Terms of Use, and all rights not expressly granted herein are reserved by RealtyTrac. Member acknowledges and agrees that only RealtyTrac shall have the right to alter, maintain, enhance or otherwise modify the Services and the Content. Member shall not disassemble, decompile, manipulate or reverse engineer the Services or the Content, and shall take all necessary steps to prevent such disassembly, decompiling, manipulation or reverse engineering of the Services or the Content. Under no circumstances shall Member sell, license, publish, display, copy, distribute, or otherwise make available the Services or the Content in any form or by any means, including without limitation the transfer to a third party, except as expressly permitted in these Terms of Use. Member will take all reasonable steps to protect the security of the Services and the Content, and to prevent unauthorized use or disclosure thereof. Member is responsible for all access to and use of the Services and the Content by means of Member's equipment or under Member's user ID and password, whether or not Member has knowledge of or authorizes such access or use. Member shall be responsible for maintaining the confidentiality of all assigned user IDs and passwords, and Member shall be responsible for all charges relating to the use of such user IDs and passwords, whether or not authorized by Member.



RealtyTrac 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. RealtyTrac shall not liable to any Member in the event that RealtyTrac exercises its rights under this Section.

8. Third-Party Content and Services.



1. 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. RealtyTrac 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. RealtyTrac'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.

2. RealtyTrac 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, RealtyTrac 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 RealtyTrac deems relevant in its sole discretion.

3. Property descriptions and other information used in RealtyTrac'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 RealtyTrac or any Professional Service Provider, and such descriptions, data, and information are not intended to be binding on any Professional Service Provider. All listings are subject to prior sale and may not be available when your request is processed. All prices and terms are subject to change without notice.

4. 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 RealtyTrac has no liability to Member in relation to the any Service provided by a Service Provider, or any acts or omissions of any Service Provider.

5. For its Services and referrals, RealtyTrac may receive payment from Service Providers. Membership with RealtyTrac and use of the Services and/or the Content constitutes Member's acknowledgment of and agreement to this compensation arrangement.



9. DISCLAIMERS AND LIMITATIONS



RealtyTrac attempts to ensure that the Content is accurate and reliable; however, errors sometimes occur. RealtyTrac does not guarantee the accuracy of the Content and advises you independently to verify the accuracy of the information provided. We make no guarantee, whether express or implied, that you will find a real estate listing that meets your specifications. In addition, RealtyTrac may make changes and improvements to the Content at any time. RealtyTrac 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." REALTYTRAC 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 REALTYTRAC 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 REALTYTRAC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF MEMBERSHIP FEES ACTUALLY PAID BY MEMBER 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.

10. Indemnity



As a condition of use of the Site or Services, Member hereby agrees to indemnify RealtyTrac (including its affiliates and the officers, directors, employees, and agents of each of same) and its suppliers (including distributors or other Service Providers) and other Members from and against any and all liabilities, expenses (including attorneys' fees) and damages resulting from claims arising out of or relating in any way to Member's posting of Member Content or use of the Services or the Site (including but not limited to infringement of third parties' intellectual property rights or negligent or wrongful conduct), including without limitation, any claims alleging facts, that if true, would constitute a breach by Member of these Terms of Use.

11. COMPLIANCE WITH LAWS



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.

12. DISPUTE RESOLUTION



Member agrees that any claim or controversy arising out of or relating to the use of the Site, the Services or the Content, or to any acts or omissions for which the Member may contend RealtyTrac is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally and exclusively settled by arbitration in Orange County, California. Such 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. In any arbitration, RealtyTrac will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor. Any judgment upon the award rendered by the arbitrator may be entered only in a state or federal court located in Orange County, California, and Member agrees to submit to the jurisdiction of such court for that purpose. Member and RealtyTrac 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 those permitted under these Terms of Use and in no event more than actual compensatory damages. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under these Terms of Use with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.



THESE TERMS OF USE PROVIDE THAT ALL DISPUTES BETWEEN THE MEMBER AND REALTYTRAC WILL BE RESOLVED BY BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA. THE MEMBER THUS GIVES UP THE MEMBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE MEMBER'S RIGHTS. THE MEMBER ALSO GIVES UP THE MEMBER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AND TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH A DISPUTE. THE MEMBER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE MEMBER AND REALTYTRAC RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE TO SUBMIT EXCLUSIVELY TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA, FOR THAT PURPOSE.



You also acknowledge and understand that, with respect to any Dispute, in the event we incur attorney fees or expenses in connection with the collection of sums owed to us by you under these Terms of Use, we shall be entitled to recovery of those fees and expenses from you.

13. OTHER TERMS



These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict or choice of laws principles. If any part of these Terms of Use 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 of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to these Terms of Use 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.