CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE INSTALLING, ACCESSING OR USING FORMS TUTOR(TM).  THIS IS A LEGALLY BINDING AGREEMENT.  YOUR CONTINUED ACCESS TO OR USE OF FORMS TUTOR(TM) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH MAY BE FOUND AT WWW.CAR.ORG OR SUCH OTHER WEBSITE AS DESIGNATED BY REAL ESTATE BUSINESS SERVICES, INC., AND WHICH MAY BE REVISED FROM TIME TO TIME. 

IMPORTANT NOTE:  FORMS TUTOR(TM) IS AN EDUCATIONAL GUIDE FOR FILLING OUT AND COMPLETING FORMS ONLY, AND SHOULD NOT BE USED AS A SUBSTITUTE FOR, OR CONSTRUED AS, PROFESSIONAL ADVICE ON REAL ESTATE, TAX, LEGAL, BUSINESS OR OTHER MATTERS CONCERNING YOUR TRANSACTION.  THE FACTS OF YOUR PARTICULAR TRANSACTION MAY REQUIRE THAT YOU FILL OUT AND COMPLETE A FORM IN A MANNER OTHER THAN AS SUGGESTED BY FORMS TUTOR(TM), INCLUDING BUT NOT LIMITED TO FEDERAL, STATE OR LOCAL LAWS, RULES OR REGULATIONS, OR BROKER/OFFICE SPECIFIC FORMS OR REQUIREMENTS.  PLEASE CONSULT A RELEVANT PROFESSIONAL TO OBTAIN ADVICE FOR YOUR PARTICULAR TRANSACTION. 

This End-User License Agreement ("Agreement") is a legally binding agreement between you and Real Estate Business Services, Inc. ("REBS," "us," "we," or "our") regarding the REBS software product currently known as Forms Tutor(TM) and any related tutorials, FAQ's, help files, manuals and viewers (individually and collectively, "FORMS TUTOR(TM)").  By downloading, installing, copying, or otherwise accessing or using FORMS TUTOR(TM), you agree to be bound by the terms of this Agreement, which include a software license and disclaimer of software and hardware warranty.  If you do not agree to the terms of this Agreement, you may not install, access or use FORMS TUTOR(TM). 

SECTION 1.  FORMS TUTOR(TM); GRANT OF LICENSE. 

FORMS TUTOR(TM) is owned by and/or licensed to REBS and is protected by copyright laws, international copyright treaties and other intellectual property laws and treaties.  FORMS TUTOR(TM) is being licensed to you (not sold) as follows:

A. Grant of License. 

1. Individual Purchase.  If you purchased FORMS TUTOR(TM) as an individual user, REBS grants you a license to use FORMS TUTOR(TM) for a period commencing on the date of purchase and ending twelve (12) months after the date of purchase.
2. Multi-User or Third Party Purchase.  If you are using a multi-user version of FORMS TUTOR(TM), or if FORMS TUTOR(TM) is being provided to you under the terms of an agreement between REBS and/or C.A.R. and a third party, such as your real estate brokerage, a state or local association/board of REALTORS® or a multiple listing service, REBS grants you a license to use FORMS TUTOR(TM) for a period commencing on the date REBS creates your account and ending one (1) year after the date REBS creates your account; provided, however, that your license may terminate earlier in accordance with the agreement between REBS or and/or C.A.R. and the third party.  Please see Section 4 for more information on termination of your FORMS TUTOR(TM) license.
3. If you are a California Association of REALTORS® ("C.A.R.") member (hereinafter "C.A.R. Member") during the 2008 membership year, REBS grants you a license to use FORMS TUTOR(TM) through March 31, 2009.

B. Installation and Use.

REBS grants you the right to use FORMS TUTOR(TM) online located at the website designated by REBS on any number of personal computers owned by you.  The license is registered to you as an individual user.

SECTION 2.  GENERAL TERMS AND CONDITIONS
A. Account Setup.  Use of FORMS TUTOR(TM) may require that you open an account.  You may do this yourself, or your broker or administrator may do this for you.  The registration process will provide us with current, complete and accurate information as prompted by the applicable registration form(s).  Your email address may be required, and you will need to choose a password.  Our use of your email address is an integral part of FORMS TUTOR(TM).  You may need it to log into FORMS TUTOR(TM), and in some circumstances FORMS TUTOR(TM) may auto-generate email messages to you.
B. Password; Account Activities.  You are entirely responsible for maintaining the confidentiality of your password, security question(s) and answer(s) and all other account credentials. You may not give your password or credentials to anyone else, and you may not use anyone else's account at any time.  Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify REBS immediately of any unauthorized access or use of your account or any other breach of security that potentially compromises the privacy of your account credentials, documents, or information.  REBS will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by REBS or another party due to someone else using your account or password.
C. Prohibitions on Use.  As a condition of your use of FORMS TUTOR(TM), you agree that you will not use FORMS TUTOR(TM) for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use FORMS TUTOR(TM) in any manner that could damage, disable, overburden, or impair any REBS server(s), or the network(s) connected to any REBS server(s), or interfere with any other party's use of FORMS TUTOR(TM). You may not attempt to gain unauthorized access to FORMS TUTOR(TM), other accounts, computer systems or networks connected to any REBS server(s), through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through FORMS TUTOR(TM).  By way of example, and not as a complete list, you agree that when using FORMS TUTOR(TM), you will not:
o Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
o Harvest or otherwise collect information about others, including e-mail addresses.
o Create a false identity for the purpose of misleading others.
o Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
o Violate any code of conduct or other guidelines which may be applicable.
o Violate any applicable laws or regulations.
o Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of FORMS TUTOR(TM) or other user or usage information or any portion thereof.
o Use FORMS TUTOR(TM) or the REBS server(s) in connection with surveys, contests, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Any unauthorized reproduction, distribution or use of FORMS TUTOR(TM) in whole or in part is expressly prohibited, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.

SECTION 3.  OTHER RIGHTS AND LIMITATIONS.

A.  Maintenance of Trademark and Copyright Notices.  You may not remove or alter any trademark or copyright notices on FORMS TUTOR(TM).

B. Distribution and Reproduction.  You may not distribute or reproduce copies of FORMS TUTOR(TM) to third parties, including but not limited to transferring FORMS TUTOR(TM) electronically from one computer to another through any communications means or over a computer network. You may not reproduce any portion of FORMS TUTOR(TM) on any website in any way, except as expressly permitted by this Agreement.

C. Prohibition on Reverse Engineering, Decompilation, and Disassembly.  You may not reverse engineer, decompile, or disassemble FORMS TUTOR(TM), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

D. Rental.  You may not rent, lease, or lend FORMS TUTOR(TM).

E. Transfer.  You may not transfer any or all of your rights or obligations under this Agreement.

F. Support Services.  REBS may provide you with support services related to FORMS TUTOR(TM) ("Support Services").  Use of such Support Services will be governed by REBS' then current polices and procedures or as may be described in the user manual built into FORMS TUTOR(TM), if applicable.  Any supplemental software code provided to you as part of the Support Services shall be considered part of FORMS TUTOR(TM) and subject to the terms and conditions of this Agreement.  With respect to technical information and/or feedback you provide to REBS as part of the Support Services, REBS may use such information for its business purposes, including for product support and development.

G. Compliance with Applicable Laws.  You must comply with all applicable laws regarding use of FORMS TUTOR(TM), including but not limited to those relating to privacy, personal information, telephone calls, faxes, e-mails and security breaches.

H. Data Exchanging Features.  This Agreement does not grant you, and specifically excludes, the right to use the data exchanging features contained within FORMS TUTOR(TM), if any, that allow data exchange between FORMS TUTOR(TM) and any other product.  Use of such data exchanging features requires that you enter into a separate end user license agreement, unless REBS has otherwise given its consent for you to use such features.  Please contact REBS for information with regard to obtaining a license to use the data exchanging features contained within FORMS TUTOR(TM).  You agree that REBS and its affiliates may use the data entered into the forms by you for real estate related business purposes and for internal business purposes. 

SECTION 4.  TERM AND TERMINATION.  This Agreement is effective for the time frame set forth in Section 1 and terminates automatically at the end of that time frame; provided, however, if FORMS TUTOR(TM) is being provided to you under the terms of an agreement between REBS and/or C.A.R. and a third party, such as a state/local association of REALTORS®, a real estate brokerage or a multiple listing service, the term of this Agreement shall expire in accordance with the terms of the agreement between REBS and/or C.A.R. and such third party, which may be earlier than the time frame set forth in this Agreement.  Without prejudice to any other rights, REBS may terminate this Agreement immediately and without notice if you fail to comply with any of the terms and conditions of this Agreement.  In such event, you must immediately cease all use of FORMS TUTOR(TM), destroy all copies of FORMS TUTOR(TM) and uninstall any and all versions of FORMS TUTOR(TM) from each and every computer in which FORMS TUTOR(TM) is installed, if applicable.

SECTION 5.  OWNERSHIP. All right, title and interest in FORMS TUTOR(TM), including but not limited to all copyrights, trademarks and trade secrets and any copies thereof, are owned by REBS and/or its suppliers and licensors.  The trademark "Forms TUTOR(TM)" is owned by REBS.  All rights not expressly granted are reserved by REBS.

SECTION 6.  EXPORT RESTRICTIONS.  You agree that you will not export or re-export FORMS TUTOR(TM) to any country, person, entity or end user subject to U.S.A. export restrictions. 

SECTION 7.  LIMITED WARRANTY; DISCLAIMER OF OTHER WARRANTIES; LIMITATION OF LIABILITY; REFUNDS FOR INDIVIDUAL FORMS TUTOR(TM) LICENSE PURCHASES.

A. Limited Warranty.  REBS warrants that FORMS TUTOR(TM) will be free of defects in materials and workmanship for a period of ninety (90) calendar days from the date of your purchase or acquisition, as applicable.  Within this period, REBS will promptly repair FORMS TUTOR(TM) without charge.  This warranty will be limited to repair of FORMS TUTOR(TM) and will not encompass any damages whatsoever.

B. Disclaimer of Warranties.  OTHER THAN THE LIMITED WARRANTY IN SUBSECTION (A) ABOVE, REBS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR FORMS TUTOR(TM).  FORMS TUTOR(TM) AND ANY RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NONINFRINGEMENT.  REBS MAKES NO REPRESENTATION OR WARRANTY THAT THE FILLING OUT OR COMPLETION OF FORMS AS SUGGESTED BY FORMS TUTOR(TM) WILL BE SUITABLE, APPROPRIATE OR LEGALLY CORRECT FOR YOUR PARTICULAR TRANSACTION, OR THAT ANY USE OF FORMS TUTOR(TM) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.  REBS DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY INTERFERENCE OR SUSPENSION OF INTERNET SERVICE OR FOR ANY LOSS OR CORRUPTION OF DOCUMENTS, DATA, OR LOSS OF ANY OTHER MATERIALS YOU MAY STORE ON THE INTERNET.  REBS WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR YOUR DECISION TO FILL OUT OR COMPLETE THE FORMS AS SUGGESTED BY FORMS TUTOR(TM) .  REBS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, OR AVAILABILITY OF FORMS TUTOR(TM) FOR ANY PURPOSE.  THE ENTIRE RISK ARISING OUT OF YOUR USE OR THE PERFORMANCE OF FORMS TUTOR(TM) REMAINS WITH YOU. 

C. Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REBS OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE FORMS TUTOR(TM) OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF REBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE REBS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR FORMS TUTOR(TM) OR US $5.00.  BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  YOU SPECIFICALLY AGREE THAT REBS SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF YOUR DATA, ANY MATERIAL, CONTENT, DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTION CREATED, ACCESSED OR STORED IN CONNECTION WITH FORMS TUTOR(TM), WHETHER EXPRESS, IMPLIED OR STATUTORY.
D. Professional Advice.  FORMS TUTOR(TM) IS AN EDUCATIONAL GUIDE FOR FILLING OUT AND COMPLETING FORMS ONLY, AND SHOULD NOT BE USED AS A SUBSTITUTE FOR, OR CONSTRUED AS, PROFESSIONAL ADVICE ON REAL ESTATE, TAX, LEGAL, BUSINESS OR OTHER MATTERS CONCERNING YOUR TRANSACTION.  THE FACTS OF YOUR PARTICULAR TRANSACTION MAY REQUIRE THAT YOU FILL OUT AND COMPLETE A FORM IN A MANNER OTHER THAN AS SUGGESTED BY FORMS TUTOR(TM), INCLUDING BUT NOT LIMITED TO FEDERAL, STATE OR LOCAL LAWS, RULES OR REGULATIONS, OR BROKER/OFFICE SPECIFIC FORMS OR REQUIREMENTS.  PLEASE CONSULT A RELEVANT PROFESSIONAL TO OBTAIN ADVICE FOR YOUR PARTICULAR TRANSACTION. 

SECTION 8.  MISCELLANEOUS.

A. Entire Agreement.  Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and REBS and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and REBS.

B. Jurisdiction and Venue.  This Agreement is governed by and construed in accordance with the substantive and procedural laws of the State of California, U.S.A., excluding its conflict of law principles.  Any action or proceeding brought in connection with this Agreement, whether in law or equity, will be filed exclusively in a court of competent jurisdiction located within the County of Los Angeles, State of California.  You hereby waive any objection you may have in any such action based on lack of personal jurisdiction, improper venue or inconvenient forum. 

C. Relationship.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and REBS as a result of this Agreement.

D. Indemnification. You agree to indemnify, defend and hold REBS, its parents, subsidiaries, affiliates, and its and their directors, officers, employees, agents and licensors harmless from any claim, action, demand, liability loss, cost, expense or damage, including reasonable attorneys' fees, arising out of or any way connected with your access to, use of or conduct in connection with FORMS TUTOR(TM).

E. Severability.  If any part of this Agreement 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 the Agreement shall continue in effect.

F. Information Regarding REBS Products and Services.  You agree that REBS may send you information regarding products and services that may be interesting or valuable to you via the contact information you provided.  If you no longer wish to receive information regarding such products and services, please make your request by visiting www.rebs.com or call (213) 739-8200.  We will implement your request as quickly as possible.

G. Survival.  Sections 4 through 8, inclusive, shall survive the expiration or termination of this Agreement.

H. Typeface Designs.  FORMS TUTOR(TM) may contain software which generates typeface designs.  You may not separate the font software from FORMS TUTOR(TM).

I. Questions.  Should you have any questions concerning this Agreement, or if you desire to contact REBS for any reason, please contact REBS at:

Real Estate Business Services, Inc.
525 South Virgil Avenue
Los Angeles, California 90020
www.rebs.com