Realty World, Inc. is the owner of www.realtyworld.com (the “Web Site”). All individual visitors (referred to herein as “You”) are invited to visit the Web Site subject to the following terms and conditions (the “Terms”).
SCOPE OF USE OF THE WEB SITE
As a condition to your use of this Web Site, You warrant to Realty World, Inc. that You will not use our Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If You violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. Realty World, Inc. reserves all rights and retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.
You agree that that you will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.
Realty World, Inc. reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Web Site after we have posted notice of such modifications, alterations or updates You agree to be bound by such revised Terms.
TRADEMARKS, COPYRIGHTS, OTHER INTELLECTUAL PROPERTY RIGHTS AND PROHIBITIONS OF USE OF THE WEB SITE
This Web Site is controlled and operated by Realty World, Inc., 1101 Dove St; Suite 228, Newport Beach, CA 92660, (714) 436-9009. All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Realty World, Inc. or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Realty World, Inc. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal use and not for any commercial purpose or use.
You agree that You will not modify, copy, distribute, transmit, display, perform, reproduce, publish license, transfer, download, post, creative derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Web Site, including, but not limited to the text, graphics, logos, photos, and audio and visual files, without express written permission from Realty World, Inc. You may request consent by faxing a request to Attn: President and Chief Operating Officer, Realty World, Inc. at (714) 436-9010. Without the prior written consent of Realty World, Inc. or the Providers, your modification of the content, materials, use of the content or materials on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of Realty World, Inc. and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. You may not use on your web site any trademarks, service marks or copyrighted materials that appear on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Web Site without prior written consent of Realty World, Inc.
The following trademarks are some of the marks owned by Realty World, Inc. and/or its affiliates. This is not intended to be an all inclusive list of all trademarks or service marks owned by Realty World, Inc. Unauthorized use of any of these marks may be in violation of federal and/or state law.
THE RIGHT AGENT MAKES ALL THE DIFFERENCE IN THE WORLD®
LINKED INTERNET SITES TO THE WEB SITE
THE LINKS IN THE WEB SITE WILL LET THE USER LEAVE REALTY WORLD’S WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OR POSSESSION OF REALTY WORLD, INC. AND REALTY WORLD, INC., ITS AFFILIATES, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITE LINKED TO THE WEB SITE. REALTY WORLD, INC. IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THE WEB SITE IS AT THE YOUR OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY REALTY WORLD, INC. OF THE LINKED SITE. YOU MAY NOT ESTABLISH A HYPERLINK TO THIS WEB SITE OR PROVIDE ANY LINKS THAT STATE OR IMPLY ANY SPONSORSHIP OR ENDORSEMENT OF YOUR WEB SITE BY REALTY WORLD, INC. OR ITS AFFILIATES OR PROVIDERS UNLESS REALTY WORLD, INC. OR ITS AFFILIATES OR PROVIDERS HAVE AGREED AND CONSENTED TO SUCH LINKS IN WRITING.
NO WARRANTIES FROM USE OF OUR WEB SITE
ALL INFORMATION AND CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, REALTY WORLD, INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER REALTY WORLD, INC., ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE SHALL BE FREE OF ANY INTERRUPTION, ERROR, DEFECT, THAT DEFECTS SHALL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE SHALL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WHETHER KNOWN OR UNKNOWN. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. REALTY WORLD, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT THE SOLE RISK OF THE USER AND NOT REALTY WORLD, INC. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM, IF ANY. YOU EXPRESSLY AGREE THAT NEITHER REALTY WORLD, INC., NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON AND/OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. YOU FURTHER AGREE THAT REALTY WORLD, INC. AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT REALTY WORLD, INC., ITS AFFILIATES, ITS EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, YOU AGREE THAT REALTY WORLD, INC.’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. REALTY WORLD, INC. RESERVES ALL RIGHTS AND APPLICABLE DEFENSES PERMITTED BY LAW.
LIMITATION OF LIABILITY
REALTY WORLD, INC. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEB SITE, EVEN IF REALTY WORLD, INC. OR THE WEB SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEB SITE, SOFTWARE, OR RELATED INFORMATION, RECORDS OR PROGRAMS.
AS A SERVICE TO ITS MEMBERS, REALTY WORLD PERMITS REAL ESTATE AGENTS AND BORKERS TO PUBLISH INFORMATION REGARDING THEMSELVES AND THEIR SERVICES ON THEIR WEBSITES LINKED TO THE WEB SITE, BUT REALTY WORLD IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY THE REAL ESTATE AGENTS OR OTHERWISE THROUGH THE WEB SITE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THEIR WEBSITES OR THE WEB SITE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT THEY MAY OBTAIN FROM THE WEB OR ANY OTHER WEB SITE LINKED TO THE WEB SITE IS FREE OF ALL ERRORS, MISSTATEMENTS. FURTHER, YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS TO ENSURE THAT ANY CONTENT THEY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR ANY OTHER DESTRUCTIVE PROGRAMS OR CODE.
INDEMNIFICATION FOR USE OF OUR WEB SITE
You agree to indemnify, defend, and hold harmless Realty World, Inc. and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by You of these Terms. You expressly agree that by using this site You relinquish all causes of action against Realty World, Inc., its officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees. This general release shall apply to all causes of action in state or federal courts and shall be an affirmative defense to any action, whether based in contract, tort, or negligence.
THIRD PARTY RIGHTS PERTAINING TO OUR WEB SITE
These Terms are for the benefit of Realty World, Inc., its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against You on its or their own behalf.
CONSENT TO JURISDICTION WITH REGARD TO LITIGATION PERTAINING TO CLAIMS ARISING OUT OF OR RELATING TO OUR WEB SITE
Unless otherwise specified, the content and information contained in this Web Site is presented solely for your convenience and/or information. This Web Site is controlled and operated by Realty World, Inc. through a third party located within California and within the jurisdiction of the United States District Court for the Central District of California and the Superior Court for the State of California for the County of Orange. Realty World, Inc. makes no representation that content in its Web Site is appropriate or available for use in other locations. All parties that use this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within such State. Any action You, any third party or Realty World, Inc. initiates to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in Orange County, California and You expressly consent to the jurisdiction of said courts. If any action is brought in any other Court outside California You agree You shall be liable for all attorney fees and legal costs involved in transferring the action to California for litigation. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.