Terms of Use
YOUR RIGHTS, OBLIGATIONS, AND PRIVILEGES
GENERAL:
These Terms constitute the entire understanding and agreement between you and RealtyTrac with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and RealtyTrac. Failure by RealtyTrac 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 is 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. RealtyTrac reserves the right to change these Terms occasionally at its sole discretion, without prior notice.
MEMBERSHIPS
You are granted a non-exclusive, limited, revocable, personal, non-transferable license to use the Services as long as you comply with these Terms of Use. If you are a real estate or mortgage professional, you may use the Services for Pro Use to provide information to your clients and take action on their behalf. You must obtain all required authorizations and consents from your client if you use the Services for Pro Use. These Terms of Use do not give you a license to use, reproduce, distribute, display, or provide access to any portion of the Services on third-party websites. The Services may include software for use in connection with the Services.
FEE-BASED MEMBERSHIPS
Certain features of this Site are available only by registering for a Site membership. Some memberships may be fee-based ("Fee-Based Services"). If you choose to use the Fee-Based Service, you agree to pay using a valid credit card, debit card, or other electronic payment method, the monthly or annual subscription charges set forth on the Site, and other charges incurred on your account to access the Fee-Based Services.
Some registrations may offer a free or low-price trial period. After the trial period and every month thereafter, until you cancel, the membership fee will be automatically billed to the payment method you provided and authorized at the time of registration. The renewal charge will be the then current published rate for the term of your subscription. In the event RealtyTrac 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.
PRICING INFORMATION:
RealtyTrac may offer different membership type. Each membership type and the respective cancellation policies are explained below
Free Membership:You will have full access to the service for no fee.
Monthly 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 CANCELED.
CANCELLATION AND REFUND POLICY:
You understand that to cancel your subscription, you can cancel by emailing us at support@member.RealtyTrac.com or by calling us at (866) 700-0440 during the following hours;
Monday through Friday, 4 AM to 8 PM PST
Saturday and Sunday, 7 AM to 3:30 PM PST
All service fees are non-refundable.
TEXT MESSAGING HELP:
To obtain help, you may:
Text "HELP" to 96863 or 75142 to obtain help on your mobile phone.
Email us at: support@member.RealtyTrac.com Call us at: (866) 700-0440 M - F, 4 AM - 8 PM PST and S & S, 7 AM - 3:30 PM PST.
AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET, Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
TERMINATING TEXT MESSAGING
You may terminate any of the Services or subscriptions at any time by texting STOP to 96863 or 75142.
ACCESS TO TEXT MESSAGING:
MESSAGE AND DATA RATES MAY APPLY. YOUR CARRIER'S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH TEXT MESSAGING. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER'S CUSTOMER SUPPORT TEAM. The Wireless Carriers are not liable for delayed or undelivered messages.
FREQUENCY OF TEXT MESSAGING:
Text messaging delivers messages to your mobile phone up to 3 messages per day.
REWARDS PROGRAMS:
If you signed up for the service as part of a reward or incentive program, you must meet certain requirements in order to qualify for the reward benefit. For example, if you use a prepaid card or your trial fee is declined for any reason, you will not receive credit for this offer toward the reward benefit. Please contact customer service for any questions regarding eligibility.
PROMOTIONAL OFFERS AND DISCOUNTS:
From time to time, in RealtyTrac's sole discretion, RealtyTrac may offer a reduced membership fee, varying trial membership durations (if any), or different terms altogether 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.
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.
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 RealtyTrac, 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 RealtyTrac.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of RealtyTrac, licensors, independent contractors, providers, and affiliates (collectively, "Affiliates") without the prior written permission of RealtyTrac or the relevant Affiliate.
INFORMATION PROVIDED:
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 this 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 RealtyTrac nor its Affiliates shall have any liability arising from your purchases of third-party goods, services, or real property based upon the information provided on the Site. RealtyTrac 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:
The Site may contain links to other sites on the Internet, which may be maintained by third parties. Such links do not constitute an endorsement by or association with RealtyTrac or its Affiliates of any third-party site or any materials contained therein. RealtyTrac and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third party sites. You therefore are solely responsible for your visiting and relying on information provided on these third-party sites.
AGE RESTRICTIONS:
You represent and warrant to RealtyTrac 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.
FINANCIAL RESPONSIBILITY:
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.
INDEMNIFICATION:
You hereby agree to indemnify, defend and hold harmless RealtyTrac, 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 RealtyTrac 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 party obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. RealtyTrac 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 RealtyTrac. 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, RealtyTrac 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 RealtyTrac. RealtyTrac 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 REALTYTRAC OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR REALTYTRAC 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 REALTYTRAC, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF REALTYTRAC 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 REALTYTRAC 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. RealtyTrac supports Equal Housing Opportunities. We encourage users of our Site to follow appropriate guidelines to comply with both the Federal Housing Act and 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 any limitations in the sale or lease on your behalf 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 origin.
HOME BUYERS 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.
MODIFICATIONS:
(a) To these Terms.
RealtyTrac has the right to modify this Agreement and any policies affecting the Site in its sole discretion. 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 RealtyTrac 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: RealtyTrac 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. RealtyTrac may also impose limits on certain features and services or restrict your access to parts or all of the RealtyTrac Site without notice or liability.
YOUR RIGHTS:
RealtyTrac grants you a non-exclusive, non-transferable, limited right to access, and 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.
GOVERNING LAW:
These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any choice of law provisions.
MANDATORY ARBITRATION/CLASS ACTION WAIVER:
You agree that, with the exception of injunctive relief sought by RealtyTrac for any violation of RealtyTrac's proprietary or other rights, any and all disputes relating to these Terms, Privacy Policy, or your use of the Site or the Fee-Based Service shall be resolved by binding individual arbitration in accordance with the then current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. The location of arbitration shall be Palm Beach County, Florida, USA.
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 RealtyTrac indicates your agreement to the above terms and conditions.
RealtyTrac is the ultimate resource for locating, researching, and acquiring investment property in the United States.