THIS TERMS AND CONDITIONS OF USE AGREEMENT (“AGREEMENT”) IS ENTERED INTO BETWEEN ANY PERSON OR ENTITY THAT ACCESSES OR USES THE SITE IN ANY MANNER (“USER(S)” OR “YOU”) AND THE CALIFORNIA ASSOCIATION OF REALTORS®. BY ACCESSING THE SITE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. USE OF THE SITE IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR ASSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING AND/OR USING THIS SITE IN ANY MANNER.
The following terms and conditions govern use of this Site:
Definitions."C.A.R." shall mean the CALIFORNIA ASSOCIATION OF REALTORS®, its employees, officers, directors, and all other persons or entities affiliated with C.A.R. responsible for creating, maintaining, and publishing this Site. "Content" shall mean all materials, information and images contained on the Site, including but not limited to, trademarks, copyrightable materials, advertisements, data, text, graphics, files, photos, software and video. "Site" shall mean the Internet site located at the URL address http://www.car.org.
3. Registration; Usernames and Passwords.Users may be required to register with C.A.R. in order to access certain areas of the Site. A User’s user name and password are for the User’s personal use only, and not for use by any other person. User is responsible for maintaining the confidentiality of any password User may use to access the Site, and agrees not to transfer User’s password or user name, or lend or otherwise transfer User’s use of or access to the Site, to any third party. User is fully responsible for all interaction with the Site that occurs in connection with User’s password or user name. User agrees to immediately notify C.A.R. of any unauthorized use of User’s password or user name or any other breach of security related to User’s account or the Site, and to ensure that User “logs off” from the account with the Site at the end of each session. C.A.R is not liable for any loss or damage arising from User’s failure to comply with any of the foregoing obligations.
Links to or Framing this Site.Users may not frame the Site for any purpose without the express written consent of C.A.R.
6.Advertisers.Advertisement banners and other forms of advertising exist on the Site. C.A.R. is not responsible for the claims or representations made by any advertiser on the Site nor is C.A.R. responsible for the products and services of advertisers on the Site. Mere presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by C.A.R. in any respect unless expressly indicated otherwise.
7. Additional Terms and Conditions on Certain Sections of of the Site.In addition to this Agreement, Users who access and use certain sections on this Site, such as "Legal" and "International Real Estate", may be bound by additional terms and conditions of use governing those sections. Users should review the additional terms and conditions before accessing and using these sections. By accessing these sections, User agrees to be bound by any such additional terms and conditions. In the event the additional terms and conditions are inconsistent with this Agreement, the additional terms and conditions shall control.
Accuracy and Updating of Site Content.C.A.R. takes reasonable steps to maintain the accuracy of and update the Content on the Site. However, C.A.R. does not make any representations or warranties regarding the accuracy of the Content, nor does C.A.R. make any commitment to update the Content. C.A.R. reserves the right in its sole discretion to add, remove or otherwise modify the Content and the Site at any time without notice. User agrees that User must evaluate, and that User bear all risks associated with, the use of the Site and the Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of any Content or other materials available through the Site.
9.Forums and Blogs; Responsibility for Submissions; C.A.R.'s Right to Remove Submissions. From time to time a discussion forum, bulletin board, blog, chat area, news group, community, or other feature designed so that Users may upload data and images or communicate with others ("Forum") may be made available to Users on this Site. C.A.R., in its sole discretion, reserves the right to review, control or edit any text, data, images, files, or other materials that may be uploaded, posted or submitted in any Forum ("Submissions") as well as the right to refuse to post any such Submission. C.A.R. does not guarantee that it will review every Submission, nor does C.A.R. guarantee the accuracy, legality or reliability of any Submissions, and under no circumstances will C.A.R. be responsible or liable for Submissions, and Users are advised to investigate and evaluate Submissions prior to relying on any of them. Users understand that Submissions may be accessible to and viewed by the general public, therefore Users should exercise caution before including any personally identifiable information in a Submission.
Users retain ownership of Submissions made available in a Forum through the Site. User hereby grants to C.A.R. a worldwide, nonexclusive, transferable, sublicensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to User, to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed. For each Submission, User represents and warrants that User has all rights necessary for User to grant the licenses in this section, and that such Submission, and User’s provision thereof to and through the Site, complies with all applicable laws, rules and regulations and that the Submission will not violate any law or infringe on the rights of any third party, including but not limited to copyright, trademark, patent, privacy or publicity rights. User further irrevocably waives any moral rights or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that User may have under any applicable law under any legal theory.
Users shall not post any Submission that is defamatory, libelous, sexually explicit, obscene, inappropriate, indecent, or profane, or that is done with the intent to harass, stalk or threaten others. Users shall not use Submissions or the Forum in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail or spamming. Users shall not impersonate any other person when posting a Submission or create a false identity to mislead others. C.A.R. has the right to delete any Submission at any time without notice. User agrees to indemnify, defend and hold C.A.R. harmless from any claims, actions, liabilities, loss, costs, damages, or expenses, including reasonable attorney's fees, that may arise directly or indirectly from the User's Submissions. Submissions may not contain any advertisements or solicitations without C.A.R.'s prior written consent.
Each Forum may have rules particular to that Forum, and Users agree to abide by those rules when participating in that Forum. C.A.R. reserves the right to limit or terminate access to Forums at any time for any reason without notice.
C.A.R. may post blogs on the Site, which may be written by C.A.R. or contributing authors. C.A.R. blogs and their contents are made available for informational and educational purposes only, and do not provide legal, business or tax advice. You agree and understand that your use of C.A.R. blogs does not create an attorney-client relationship, and the contents of C.A.R. blogs do not constitute legal advice. Information provided through C.A.R. blogs may not reflect the most current legal developments and is not guaranteed to be correct, complete, up-to-date, or applicable to your particular transaction or situation. You should contact an appropriate professional for advice on your particular transaction or situation. C.A.R. and all contributing authors to C.A.R. blogs expressly disclaim any and all liability to any persons or entities with respect to actions they take or do not take based on the contents of C.A.R. blogs, and you agree that by visiting and viewing C.A.R. blogs, C.A.R., its affiliates, and the contributing authors to C.A.R. blogs are not liable for the contents of the blogs.
The information provided and comments posted in C.A.R. blogs are exclusively the personal views of the authors, unless otherwise attributed. Information and comments provided through C.A.R. blogs do not necessarily represent the views of C.A.R. or C.A.R. blog editors and should not be attributed to them unless expressly indicated. The posting of an item on C.A.R. blogs does not mean that C.A.R. or C.A.R. blog editors approve or disapprove of the selection or contents of that item.
The text, graphics, and their selection and arrangement on C.A.R. blogs are the copyrighted works of C.A.R. and/or its licensors, as applicable. All rights are reserved.
No articles on the C.A.R. blog may be reproduced without the express written permission of C.A.R. If C.A.R. does grant permission to a website to reproduce a portion of an article, the text must be accompanied by a link to the full article on the C.A.R. blog. The text must also be accompanied by a statement asserting that the text has been reproduced with the permission of C.A.R. C.A.R. may terminate a grant of permission at any time if C.A.R. determines that such grant is no longer in the best interests of C.A.R. To obtain a permission to reproduce C.A.R. blog content, please email firstname.lastname@example.org or submit the permission to republish form.
10. Purchases. C.A.R. may make available products and services for purchase through the Site. C.A.R. may use third-party suppliers and service providers to enable e-commerce functionality on the Site or direct Users to a third-party supplier’s website to facilitate the purchase using such third-party supplier’s e-commerce functionality. If User wishes to purchase any product or service made available by C.A.R. through the Site, User may be asked to supply certain information relevant to the purchase, including, without limitation, User’s credit card number, the expiration date of User’s credit card, User’s billing address and User’s shipping information. USER REPRESENTS AND WARRANTS THAT USER HAS THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE THROUGH THE SITE. By submitting such information, User grants C.A.R. the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by User or on User’s behalf. Verification of information may be required prior to the acknowledgement or completion of any purchase.
11. Products, Content and Specifications. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Refunds and exchanges will be subject to C.A.R.’s refund and exchange policies then in effect. User agrees to pay all charges that may be incurred by User or on User’s behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, User remains responsible for any taxes that may be applicable to User’s purchase(s). C.A.R. reserves the right, without prior notice, to limit the order quantity on any product, item or service offered for sale on the Site and/or to refuse service to any customer. C.A.R. may also require verification of any information prior to the acceptance of any order.
12. Translation Limitations. Warning: Translation May Be Imprecise and Inaccurate. The CALIFORNIA ASSOCIATION OF REALTORS® ("C.A.R.") Web site is being translated using a machine translation software powered by SYSTRAN. C.A.R. and its partners strive to achieve accuracy, however no automated translation is perfect nor is it intended to replace human translators. Any translation of materials into languages other than English is intended solely as a convenience to the non-English-reading public. Translation accuracy is not guaranteed nor implied. Discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translation, please refer to the English version of the web page, which is the official version of all web pages on this site.
You assume all risk, liability, and responsibility for any translation. While reasonable efforts are made to provide a translation, no liability and no responsibility are assumed by either C.A.R. or its partners for any errors, omissions, or ambiguities in the translations. In no event are C.A.R., its owners, advertisers, affiliates, and associated parties, liable for any damages whatsoever arising out of your use of translations for the website or the content thereof, including direct, indirect, incidental, consequential or punitive damages. WITHOUT LIMITING ANY OF THE FOREGOING, TRANSLATIONS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
14. DISCLAIMER.THE CONTENT ON THE C.A.R. SITE IS PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, C.A.R. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. C.A.R. DOES NOT WARRANT OR GUARANTEE THE ACCURACY, AVAILABILITY, RELIABILITY, ACCESS TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE OR THE CONTENT.
LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL C.A.R. BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, CONTENT, DATA OR PROGRAMS ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THIS SITE..
Modification of Agreement.C.A.R. reserves the right, in its sole discretion, to modify or revise this Agreement at any time without giving notice. Your continued use of the Site after such changes will indicate your acceptance of such changes.
Suspension or Termination of Access.C.A.R. reserves the right, in its sole discretion, to suspend or terminate a User's access to the Site for any reason, including but not limited to, a User's breach of this Agreement.
Indemnification.User agrees to defend, indemnify and hold harmless C.A.R. from all actions, liabilities, losses, claims, damages, costs, and expenses including but not limited to reasonable attorney's fees, resulting from the User's violation of any term of this Agreement or alleged illegal use of this Site.
Reservation of Rights.All rights not expressly granted or addressed herein are reserved by C.A.R.
20.Choice of Law; Jurisdiction and Venue.This Agreement shall be governed in accordance with the laws of the State of California, excluding its conflict of law principles. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the County of Los Angeles, State of California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, or nationally recognized overnight courier. You hereby waive any objection you may have in any such action based on lack of personal jurisdiction, improper venue or inconvenient forum.
21.Ownership of Site and Content. All right, title and interest in and to the Site and Content belong solely and exclusively to C.A.R. and/or any third party owner of particular Content. The Site and the Content are protected by applicable federal, state and local laws, including but not limited to copyright and trademark laws.
22. Notice for California Residents. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: If a User has a question or complaint regarding the Site, please send an email to email@example.com. Users may also contact C.A.R. by writing to 525 S. Virgil Ave, Los Angeles, CA 90020, or by calling C.A.R. at (213) 739-8200. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
23. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. 512. If you believe in good faith that any Content on the Site infringes your rights under U.S. Copyright Law, you may send a notice to C.A.R. pursuant to The Digital Millennium Copyright Act of 1998, 17 U.S.C. 512, (“DMCA”) requesting that C.A.R. either remove or disable access to the infringing material. See www.copyright.gov for proper notice requirements. Please mail your notification to our designated agent at: DMCA Notification/Attention: Assistant General Counsel, 525 South Virgil Avenue, Los Angeles, California 90020, email your notice to firstname.lastname@example.org, or fax your notification to our designated agent at (213) 480-7724.
24. Miscellaneous.If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, then such provision shall be deemed severable from the remainder of this Agreement, and the remaining provisions shall continue in full force and effect. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement, in whole or in part, without C.A.R.’s express prior written consent. C.A.R. may assign, transfer or sublicense any or all of its rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any heading, caption or section title contained herein is included for convenience of reference only and will not be construed to define or limit any of the provisions contained herein. This Agreement, together with all policies referred to herein, is the entire agreement between you and C.A.R. relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral representations, agreements or understandings between you and C.A.R. relating to such subject matter.