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Realty
World America, 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
The
goal of this Web Site is to provide You with access to
a comprehensive network of real estate related
products/services and related links to meet your
needs. Please read our Terms of Use carefully
before continuing on with your use of this Web Site.
These Terms shall govern the use of the Web Site and
apply to all Internet traffic visiting the Web Site.
By accessing or using this Web Site, You agree to the
Terms. The Terms are meant to protect all of our
Web Site visitors and your use of this Web Site
signifies your agreement with these Terms. IF
YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB
SITE.
As
a condition to your use of this Web Site, You warrant
to Realty World America, 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 America, 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.
This
Web Site will permit You to link to many other web
sites on the world wide web (internet), that may or
may not be affiliated with this Web Site and/or Realty
World America, Inc., and that may have terms of use
that differ from, or contain terms in addition to, the
terms specified herein. Your access to such web
sites through links provided on this Web Site is
governed by the terms of use and policies of those web
sites, and not the terms of use for www.realtyworld.com.
MODIFICATION
OF THE TERMS OF USE FOR THE WEB SITE
Realty
World America, 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
America, Inc., 1503 South Coast Drive, Suite 111,
Costa Mesa, CA 92626, (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 America, 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 America, 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
America, Inc. You may request consent by faxing
a request to Attn: President and Chief Operating
Officer, Realty World America, Inc. at (714) 436-9010.
Without the prior written consent of Realty World
America, 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 America, 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 America,
Inc.
The
following trademarks are some of the marks owned by
Realty World America, 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
America, Inc. Unauthorized use of any of these marks
may be in violation of federal and/or state law.
REALTY
WORLD®
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
AMERICA, INC. AND REALTY WORLD AMERICA, 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 AMERICA, 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 AMERICA, 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
AMERICA, INC. OR ITS AFFILIATES OR PROVIDERS UNLESS
REALTY WORLD AMERICA, 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 AMERICA, 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 AMERICA,
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 AMERICA, 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 AMERICA, 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 AMERICA, 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 AMERICA, 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 AMERICA, 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 AMERICA, INC.’S LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
REALTY WORLD AMERICA, INC. RESERVES ALL RIGHTS AND
APPLICABLE DEFENSES PERMITTED BY LAW.
n
LIMITATION
OF LIABILITY
REALTY
WORLD AMERICA, 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 AMERICA, 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 America, 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 America, 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 America,
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 America, 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 America, 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 America,
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.
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