RES.NET Terms & Conditions of Use

SPECIAL NOTICE

You are advised and you expressly accept and agree that this website is providing you a forum to compile and review information concerning parcels of real estate; that this website and its owners and representatives are not providing any legal advice and they are not attorneys; that this website and its owners and representatives are not providing any real estate advice and they are not real estate brokers or real estate agents; that this website and its owners and representatives are not providing any financial investment advice and they are not financial advisers or consultants; that this website and its owners and representatives are not providing mortgage advice and are not mortgage brokers; that this website and its owners and representatives make no representation that you will be successful in selling or purchasing any real estate described or shown on this website; and that this website and its owners and representatives do not represent that you will have all the information or data necessary to make a decision to sell or purchase any real estate described or shown on this website. This website and its owners and representatives are merely providing tools and resources to help you manage, maintain, market and become more informed about real estate that may be of interest to you. We wish you luck on your use of our website and look forward to hearing from you about your process.

CONDITIONS OF USE

Thank you for visiting our website. We advise you and invite you to familiarize yourself with these Terms and Conditions of Use and which will control your use of this website along with our Privacy Policy; subject to changes in the Terms and Conditions of Use and/or Privacy Policy that may be made from time to time. Please read these Terms and Conditions of Use carefully and revisit them frequently to remain informed of any changes. This website will provide information, goods, services and/or products and links to third party websites. These may not be the only terms, agreements and conditions that apply to your use of this website. You may be subject to additional terms, agreements and conditions that affect specific information, goods, services and/or products that you access, use or obtain from this website or from third parties that offer information, goods, services and/or products through this website. This website and its owners and representatives are not responsible for information, goods, services and/or products that you access, use or obtain from third parties through this website or that are offered through links from this website. We are not responsible for any other websites that you may link to from this website. We are not responsible for any information, goods, services and/or products offered to you through third party websites. By using this website, you acknowledge, accept and agree that you are making certain affirmations that include, but are not limited to (i) that you are eighteen (18) years of age; (ii) you are legally emancipated; (iii) legally free from all legal disabilities; (iv) are acting under lawful and authorized authority from the business entity you represent; (v) that you are fully aware, able and competent to understand and accept all of the terms, conditions, representations, obligations, warranties, affirmations, waivers, limitations and releases contained in these Terms and Conditions of Use and our Privacy Policy; (vi) and that you are committed to be bound by, adhere to and comply with these Terms and Conditions of Use and our Privacy Policy.

RESTRICTIONS AND LIMITATIONS OF USE

Your permission, access and license to use this website are strictly conditioned upon your adherence to the restrictions and limitations of use that are listed below. You are hereby granted permission and authorization to access and use this website as described in these Terms and Conditions of Use conditioned upon strict compliance with the following provisions:

  • You will use information through this website and/or upload content, data, information or video/audio submissions in compliance with the tasks that you are contracted to perform.
  • You will use information through this website and/or upload content, data, information or video/audio submissions for which you have lawful and contractual authority.
  • You will upload content, data, information and/or video/audio submissions that are truthful and accurate and that you will revise, update and/or remove information that you know, become aware of or have authoritative information that leads you to believe it is or has become false or inaccurate
  • You will perform the tasks you are contracted to perform with all necessary licenses, permits authority reasonably and/or lawfully required to perform such acts.
  • You will provide and/or upload content, data, information or video/audio submissions that depict real estate that you own or have a valid contract with the owner to provide.
  • You will not use this website or any of its software, branding and logos, images, content, data, information, video, audio, photos, user/customer comments, user/customer video, audio/photo submissions, Video/Audio Content Player or any related technologies and features in a manner that is intended or has the effect of presenting content or information that is fraudulent, deceptive, misleading or false.
  • You will not change, distort, decode, decompile, block, disable, impair, alter or modify any part of this website or its features, including its software, content, branding and logos, images, content, data, information, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features.
  • You will not copy, display, distribute, link to or link from any branding and logos, images, content, data, information, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features on this website without the prior express written permission from this website’s owners or its representatives.
  • You will not access any branding and logos, images, content, data, information, images, video, audio, photos, user/customer comments or user/customer video/audio/photo submissions displayed or contained within this website through any system, methodology, technology or means other than by the normal operation of the website, the Video/Audio Content Player or other method expressly authorized by this website’s owners or its representatives.
  • You will not engage in the sale of marketing or advertising services related directly to the content, data, information, images, video, audio, photos, user/customer comments or user/customer video/audio/photo submissions on this website or third party websites without the prior express written permission from this website’s owners or its representatives.
  • You will not use this website in any manner for the intended purpose of or that has an outcome of obtaining advertising or subscription revenue without the prior express written permission from this website’s owners or its representatives.
  • You will not charge a fee or receive any consideration from a third party to link to, link from or access any software, content, data, information, branding and logos, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features within this website, without the prior express written permission from this website’s owners or representatives.
  • You will not engage in any activity that is intended to or has the effect of competing with this website through the use of this website’s software, branding and logos, content, data, information, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features, without the prior express written permission from this website’s owners or representatives.
  • You will include a prominent or automatic link back to this website on each page that the Video/Audio Content Player functions on your website, if you use the Video/Audio Content Player on your website.
  • You will not employ or make use of any mechanical or automated system (i.e., including, but not limited to, robots, spiders or off-line readers) that has the intended purpose or has the effect of sending messages or making links to or from this website or any of its software, branding and logos, content, data, information, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features in a manner that would occur in any given time period more frequently than an average or normal person could cause using a standard on-line web browser; without the prior express written permission from this website’s owners or representatives.
  • You will not use this website in any manner that is not in strict compliance with these Terms and Conditions of Use; our Privacy Policy; and all applicable local, state, federal and international laws and regulations that control or regulate your actions and activities.
  • You will not use this website or any of its software, content, branding and logos, content, data, information, images video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features in a manner that this website’s owners or representatives decide, in their sole discretion and subsequently inform you in writing, is not appropriate or permitted.
  • You will not use this website or any of its software, branding and logos, content, data, information, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features in a manner that is intended to or has the effect of harassing, defaming, insulting, offending, inflaming, irritating, abusing or annoying any person or entity.
  • You will not use this website or any of its software, branding and logos, content, data, information, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features in a manner that is intended to or has the effect of violating the intellectual property rights of any person or entity.
  • You will not change, distort, block, disable, impair, alter, modify or interfere with security tools and features of this website, particularly those that are intended to secure or protect personal identifiable information; credit card information; or access, use, copying or distribution of the content of this website or its features.
  • You will maintain a fully paid current account for the level and cost of the membership level, service level, goods and services you select.

PRIVACY

Please review our Privacy Policy notice relating to this website, which also governs your use and visit to this website.

COMMUNICATIONS BETWEEN US AND YOU

Each time you visit this website or send us an e-mail, you are communicating with us electronically. By and through your use of this website, you consent to receive communications from us and particularly to receive electronic communication from us. Your consent allows us to communicate with you by e-mail, by posting notices on this website, by telephone, by mail or any other available means of communication. You accept and agree that all agreements, notices, disclosures and other communication that are provided to you by electronic means shall satisfy any legal requirement that such communication be in writing.

COPYRIGHT

All content, data, information, text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations, and software included or contained in this website are the property of this website, its owners, representatives or its business affiliates and are protected by United States and international copyright laws. The entire compilation of assembled content, data, information, text, graphics, logos, button icons, images, video clips, audio clips, digital downloads, data compilations and software is the exclusive property of this website and its owners and is protected by United States and international copyright laws.

TRADEMARK

This website and its owners claim all rights and privileges in its graphics, logos, page headers, button icons, scripts and service names that are trademarks, registered trademarks or trade dress of this website or its owner, both in the United States and all other countries. This website’s and its owner’s trademarks and trade dress may not be used in any manner or in connection with any product or service that is not owned by this website and its owners or expressly authorized by this website and its owners. This website’s and its owner’s trademarks or trade dress may not be used in any manner that is likely to cause confusion among the public, potential customers or consumers and may not be used in any manner that disparages or discredits this website, its owners or representatives. All other trademarks that are not owned by this website or its owners that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by this website or its owners.

PATENTS

One or more patents owned by or licensed to this website or its owners and/or its business affiliates may apply to this website or to the features and services that are accessible through this website. This website, its owners and its business affiliates claim all rights and privileges to any such rights they may have in these patents.

LICENSE AND SITE ACCESS

We may grant you a limited non-exclusive license to access and make use of this website consistent with all terms, conditions and restrictions asserted by this website. The rights, privileges and licenses granted to you or conferred upon you pursuant to these Terms and Conditions of Use may not be assigned or otherwise transferred by you, but all rights, privileges and licenses granted by you to this website are fully transferrable and assignable by this website and/or its owners.

You are not permitted to download (other than page caching) or modify any portion of the software, branding and logos, content, user/customer comments, user/customer video/audio/photo submissions, Video/Audio Content Player or any related technologies and features of this website except as permitted herein or otherwise permitted with the express written consent of this website, its owners or representatives. Data, information, images, video, audio and photos may be downloaded for the licensee’s own personal and business purposes consistent with the intended operations and business applications for which this website and its systems and applications were intended. data, information, images, video, audio, photos. This license does not permit any resale of access or use of this website or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this website; any downloading or copying of account information for the benefit of another individual, business, person, merchant or other entity; or use of any data mining, robots, or similar data gathering and extraction tools other than as expressly permitted herein. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from us.

You are not permitted to frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this website or its owners without express written consent from this website, its owners or representatives. You may not use any meta tags or any other “hidden text” utilizing this website’s, its owners’ or representatives’ name or trademarks without express written consent from this website, its owners or representatives. Any use by you of this website or any website content that is not expressly authorized will terminate and void the permission and/or license granted to you by us. Your permission and/or license to use this website and its content are limited, revocable and nonexclusive. You may create a hyperlink to the homepage of this website so long as the hyperlink does not portray this website, its owners, or its goods, products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link other than for the licensee’s own personal and business purposes consistent with the intended operations and business applications for which this website and its systems and applications were intended (example: an agent can upload the agent’s logo and provide a URL link to the agent’ own website); unless you obtain the express written consent from this website, its owners or representatives.

THE WEBSITE ACCOUNT YOU CREATE

You are responsible for maintaining the confidentiality of your website account and password and for restricting access to your computer. You accept and agree that you bear sole and exclusive responsibility for all activities, expressly including costs and charges, which occur through use of your account and/or password with this website. We do not intend to sell or market any goods, services or products to children or minors. We intend to sell and market goods, services and products to adults, who can make purchases with a credit card or other permitted payment method. If you are under 18, you may use this website only with the permission, approval, supervision and direction of a parent or guardian. We reserve the right to refuse service, terminate accounts, terminate services, terminate website features, remove or edit content or cancel orders in our sole discretion.

MEMBERSHIP LEVELS

This website offers the licensed user several levels of membership with corresponding levels of functionality. You are responsible for selecting the membership level that suits your own personal preferences. The services and benefits associated with each membership level are explained to you within the information provided at the time of your registration. Each membership level may have a separate applicable fee.

MEMBERSHIP PERIODS

Membership periods and fees are primarily applied on an auto-renewal basis, but other periods may be available on a trial or promotional basis. When a membership period and/or fee is applicable, it is calculated from the day of the membership period (can include annually, one month, three month, six month, etc.) that the Member's membership commences. The Member agrees that if the Member applies for a free trial membership and does not cancel the trial membership, the Member authorizes RES.NET to convert the Member's trial membership into a paid membership for the membership level they selected in their trial. The trial membership that converts to a paid membership will be effective at 11:00 a.m. P.S.T. on the same calendar day of the next succeeding month that the trial membership began. The Member authorizes and agrees that RES.NET may charge to the Member's credit card, debit card or bank account, in advance, the Member's membership fee for the period of the applicable membership level selected by the Member during the membership registration. The Member authorizes and agrees that RES.NET may, modify and/or change the membership fee and/or membership benefits applicable to the Member’s membership level, upon thirty (30) days notice to the Member sent by e-mail. The membership fee, when paid, is only refundable within the first fifteen (15) days from the start of the initial registration of the paid membership , but is subject to a ten percent (10.00%) processing charge that will be applied to the membership prior to initiating the refund. A Member may cancel his/her/its membership for any or no reason at any time. Beginning on the sixteenth (16th) day from the commencement of the membership, , the entire membership fee is non-refundable. Notwithstanding the language in this paragraph, if the membership resulted from a special introductory promotional offer, then the terms of that specific membership promotional offer shall control.

In purchasing our product, you agree to pay for your subscription. All fees and charges are nonrefundable after the 15-day warranty period has expired. With our automatic renewal, your subscription will maintain in active status until your account is terminated. Subscription fees will be billed automatically to the credit card designated during the initial purchase process, and will auto-renew on your anniversary day until your subscription is terminated. RES.NET will notify you no later than seven days before charging your account, that your subscription is ending, and that RES.NET will, unless otherwise notified by you, bill, at whatever subscription rate is in effect at that time, automatically to the credit card designated during your initial purchase, at the start of the membership period.

If you want to cancel your subscription, switch to a different credit card or there is a change in your credit card name, expiration date, or if you would like to make any changes to your subscription account, please call:
RES.NET support -- 1-800-760-7036

ON TIME PAYMENT

The Member is required to pay all charges on time and agrees to submit an accompanying payment authorization in connection with these charges when requested by RES.NET. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. RES.NET may terminate or disable the Member's membership and all associated services, if and when the Member fails to pay fully and in a timely manner all amounts due to RES.NET. If the Member's credit or debit card expires or is otherwise declined for payment; the Members account has a due and unpaid balance; or the Member’s membership is cancelled for any reason, then the Member’s access to this website and its features, including any and all data uploaded and/or saved by the Member, can be modified, suspended or terminated without notice to the Member. If any Member payment is more than thirty (30) calendar days past due, interest may then be applied on the delinquent sum at the rate of ten percent (10.00%) per annum, pro-rated daily, or the maximum rate allowable by law. The Member shall pay all costs of collection, including legal fees, incurred by RES.NET. The Member is responsible for any premium charges incurred in connection with the use of information, content, goods, products or services that are provided at an extra cost. All fees are quoted and payable in United States Dollars. The Member is also responsible for paying all applicable taxes for information, content, goods, products or services and any other costs incurred in connection with the use of or access to this website.

PAYMENT METHODS

The Member's complete billing address and telephone number must be provided to process payments. RES.NET accepts major credit cards including Visa, MasterCard and American Express and may accept bank drafts, including personal checks, money orders, cashier’s checks, and company checks sent by mail. However, for mailed payments, RES.NET does not offer a one month free trial and may not credit the applicable account until additional procedures are completed and after RES.NET's bank certifies receipt of funds — typically five (5) business days. RES.NET may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.

ACCOUNT DISCREPANCIES

A Member may contact RES.NET Customer Service by e-mail at support@res.net or telephone at 800-760-7036 concerning charges or other questions regarding the status of the Member’s account or membership. However, if the Member's account questions are not satisfactorily resolved within fifteen (15) business days of Member's calling or sending an e-mail, and in no event later than ninety (90) days after a questionable account billing or other discrepancy should have been discovered, the Member must write to the Customer Service Department, at RES.NET, 25520 Commercentre Drive, 2nd Floor, Lake Forest, California 92630 delivered by United States mail and provide a detailed basis and description of the Member’s concern. Otherwise, any and all such Member complaints are waived.

TERMINATION

RES.NET reserves the right to cancel membership and services to any Member at any time. The Member may cancel the Member's subscriptions at any time. All fees due to RES.NET up to the end of the then current term billing cycle at time of termination shall remain payable to RES.NET unless otherwise specifically provided otherwise to the Member in these Terms and Conditions of Use or in a related specific promotional offer.

The Member may terminate the membership contract by one of three (3) ways:

  • By e-mailing a cancellation request to support@res.net at least five (5) days prior to the desired cancellation date.
  • By telephoning a cancellation request to 800-760-7036 during business hours of 7:30 a.m. to 4:30 p.m. PST Monday through Friday. A $5 dollar service and processing fee will be applied for all cancellations processed via telephone in addition to any other costs or fees provided elsewhere in these Terms and Conditions of Use.
  • By mailing a cancellation request at least ten (10) days prior to the desired cancellation date to RES.NET, 25520 Commercentre Drive, 2nd Floor, Lake Forest, California 92630. Cancellation requests sent by mail will not be processed or effective until received.

COMMUNICATION, COMMENTS AND OTHER CONTENT SUBMITTED BY YOU

In some circumstances we may permit you to submit for display within this website content which may include, but not be limited to, communication, comments, reviews, texts, graphics, logos, button icons, data, images, photos, audio clips, video clips, and/or other content; and to submit suggestions, ideas, content, questions, or other information, provided that what you submit is not illegal, offensive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise harmful or objectionable to any other person or entity; and provided that it does not consist of or contain software viruses, Trojan horses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, a fictitious name or otherwise take any action that is intended to or has the effect of misleading anyone as to the origin or substance of any content that you may submit. We reserve the right, but do not assume any responsibility or obligation to monitor, edit, review or remove any activity or content you or others may engage in or submit with regard to this website and we do not routinely review the activities of website users or content submitted by website users. The visual depictions of real property that you submit or upload must be accurate, truthful and un-retouched video or still photo images.

When you do submit content, data, information, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, you accept and agree that you have granted to this website, its owners and representatives, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable and transferable right to market, sell, rent, assign, reproduce, modify, alter, adapt, archive, compile, to perform analytics upon, publish, translate, create derivative works from, distribute, transfer and display such content throughout the world in any media at no cost, burden expense, charge or obligation to us. You accept and agree that you have granted to this website, its owners and representatives the right to automatically display and publish your property details, to include public information, such as value range, property characteristics, transaction type, pictures and videos to the Buyer Portal, the RES.NET site provided to buyers seeking to purchase property, if you have not changed the Buyer Portal status to Unpublished. You accept and agree that you grant to this website, its owners and representatives and their sub-licensees and/or assigns the right to use your name, personal identifiable information and/or likeness that you submit in connection with such content, if we/they choose for any lawful purpose, including marketing purposes. You accept and agree that you hereby grant and convey to each user, visitor and customer of this website a non-exclusive license to review and access any content that you submit to this website and that they may use, display, distribute, reproduce, publish, adapt, create links to or from and make comments about such as content as permitted or authorized by these Terms and Conditions of Use. You accept, agree, represent and warrant that you own or otherwise control all of the rights to the content, data, information, images, video, audio, photos, user/customer comments and user/customer video/audio/photo submissions that you submit to us; that the content is accurate; that any use of what you submit to us does not violate this policy and will not cause injury to any person or entity; and that you will indemnify this website, its owners and representatives, its website users, sub-licensees, assigns, successors and business affiliates for all claims resulting from what is submitted by you. We have the right, but do not assume any responsibility or the obligation to monitor, edit, review or remove any activity or content, data, information, images, video, audio, photos, user/customer comments and user/customer video/audio/photo submissions you or others may engage in or submit with regard to this website. We take no responsibility and assume no liability for any activity of and/or content, data, information, images, video, audio, photos, user/customer comments and user/customer video/audio/photo submissions posted by you or any third party.

SUBMITTING COPYRIGHT COMPLAINTS

We respect the intellectual property of others. If you believe that your property or work has been copied or used in any manner that constitutes copyright infringement, please submit your detailed concerns or complaints to us in writing as soon as possible so that prompt action may be taken to investigate the matter appropriately.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your property or work has been copied in any way that constitutes copyright infringement and you wish to file a copyright infringement notification with us, you will need to provide our website copyright agent a written communication that provides substantially the information specified below. We will investigate the allegations in your notification. We reserve the right to forward your notification to the person or entity that provided the allegedly infringing material to us or is allegedly making unauthorized use of the material. Please note that this procedure is exclusively for notifying us that you believe that your copyrighted property or work has been infringed. You may wish to consult with legal counsel of your choosing and/or review the Digital Millennium Act section 512(c) (3) to confirm that you comply with the necessary requirements. Be advised that Section 512(f) of the Digital Millennium Copyright Act provides that liability may be imposed on any person who knowingly, materially represents that a work, material or activity is infringing on an alleged copyright interest.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest that is or has been allegedly infringed;
  • A descriptive identification of the copyrighted property or work that you claim is being or has been infringed upon or, if numerous copyrighted works appear on this website that are intended to be covered by one notification, a detailed representative list of the property or works that appear on this website that are the subject of the claim;
  • A description of where the material that you claim is infringing is located on this website. Providing URLs to the copyrighted property or work that is the subject of your claim will better assist us in locating the copyrighted property or work that is the subject of your complaint;
  • Your full legal name, address, telephone number and e-mail address, so that we or the service provider can contact you concerning your claim;
  • A statement by you that you have a good-faith belief that the use of the copyrighted property or work is not authorized by the copyright owner, its agent or the law;
  • A statement by you, under penalty of perjury, that the above information supplied in your notice of claim is accurate and that you are the copyright owner or that you are an authorized agent to act on behalf of the copyright owner of the exclusive right that is being or has been allegedly infringed.
  • Our website Copyright Agent for notice of claims of copyright infringement on this website should be reached as follows:
  • Intellectual Properties, Legal Department
    25520 Commercentre Drive, 2nd Floor
    Lake Forest, Ca. 92630
    Telephone (800) 760-7036
    Facsimile (949) 266-8587
    E-Mail: copyright@res.net

RISK OF LOSS

You agree and accept that you assume all risk of loss for the failure of electronic delivery of any content, data, information, goods, services, or products, if such failure is the result of trouble or defects of your software, your hardware, your computer, your ISP provider, the internet, failure to maintain and pay for any subscription fees or any other cause outside of this website’s own servers. Any service, product or item that you purchase from us is purchased according to a shipment contract, if delivery is intended to be done other than by electronic means. If delivery is intended to be accomplished by other than electronic means, all risk of loss and title for such items that you purchase shall pass to you upon our delivery of the purchased item to the carrier.

INDEMNIFICATION

You acknowledge, accept and agree to defend and hold harmless this website, its owners, officers, directors, employees, agents and representatives from and against any and all claims, causes of action, obligations, duties, responsibilities, damages, losses, liabilities, debts, costs, expenses, attorney’s fees and expenses, court costs, litigation fees and expenses, and costs and expenses of arbitration and/or mediation associated with or arising from (i) your use of this website and use by another through your website account or by using your password; (ii) your access to this website and use by another through your website account or by using your password; (iii) any violation by you of any term or condition of the Terms and Conditions of Use of this website; (iv) any violation of any third party right, benefit, privilege or license, including but not limited to copyright, patent or other intellectual property right; or (v) any claim that content, data, information, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions provided by you to this website caused any harm or damage to a third party. You acknowledge, accept and agree that the provisions of this paragraph shall survive the termination of your use of this website for any reason, whether voluntary or otherwise, and the Terms and Conditions of Use.

DESCRIPTION OF GOODS, SERVICES AND PRODUCTS

We attempt to be as accurate as possible when describing goods, services and products within this website. However, we do not warrant that content, data, information, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, goods, services and product descriptions or other content of this website are accurate, complete, reliable, current or error-free. If a good, service or product offered by us is not as described, your sole remedy is to return it in an unused condition and receive a refund, net of shipping and handling costs and charges. If the good, service or product is of a recurring variety, then you agree and accept that your total possible refund will be equal to the charge for the one (1) period in which the recurring good, service or product was intended to be provided or delivered. If a good, service or product of one of our business affiliates or other third party that is offered on this website is not as described, you accept and agree that your sole and exclusive remedy(ies) shall be obtained from the business affiliate or third party that provided the good, service or product (i.e., not from us).

PRICING

Except where noted otherwise, the price displayed for goods, services and products on this website represents the retail price listed for the good, service or product itself, suggested by us, the business affiliate or third party manufacturer or supplier, and does not include any taxes, tariffs, surcharges or shipping charges. The displayed price is a comparative price estimate and may or may not represent the prevailing actual price in every area on any particular day. We will confirm the price of a good, service or product you order directly from us at the time of purchase. Please be aware that this policy applies only to goods, services or products sold, transmitted and shipped by us. You are solely responsible for confirming the price of a good, service or product that you purchase from our business affiliates and other third parties at the time you place your order; as these business affiliates and third parties may follow different pricing policies.

OTHER BUSINESSES

Our business affiliates and other third parties, other than us, provide goods, services and products or sell goods, services and products on this website. We also provide links from this website to the websites of business affiliated companies and certain other businesses. You accept and agree that this website and its owners are not responsible for examining and evaluating the goods, services or products of these third parties and this website and its owners do not warrant or represent that the goods, services or products of any of these third parties are good and merchantable for the uses and purposes intended or that the content of their websites is true, correct, accurate or reliable. This website and its owners do not assume any responsibility or liability for the goods, services, products, actions or content of those and any third parties. You should carefully review their terms and conditions, privacy statement and other conditions of use.

eSIGNATURE

Subscribers and/or their Designated Users (“User”) who, are members of the RES.NET Network, have been provided by RES.NET their RES ID’s and created a Subscriber/User Password, may establish in their Subscriber/User Profile their Electronic Signature (“ eSignature”) that, subject to certain restrictions and laws, be used in all transactions within the RES.NET Network system.

Electronic Signatures or eSignatures, unless prohibited by state(s), territory(s), country(s), jurisdiction(s), region(s) and/or local laws, will be binding upon a Subscriber/User as though the Subscriber/User signed such transaction documents in person. Accordingly, RES.NET advises each and every Subscriber/User to check with or seek advice from their attorney or legal counselor BEFORE OR PRIOR TO establishing their eSignature in their Subscriber/User Profile AND before using such eSignature in any transaction within the RES.NET Network.

The establishment of a Subscriber’s/User’s eSignature in their Subscriber’s/User’s Profile shall mean that such Subscriber/User has consented to use eSignatures for all transactions conducted within the RES.NET Network system.

It is recommended each Subscriber/User fully and completely read this Electronic Signature section in its entirety BEFORE OR PRIOR TO establishing their eSignature in their Subscriber/User Profile and/or using their eSignature in any transaction within the RES.NET Network.

Disclosures

PRIOR TO OR BEFORE a Subscriber/User establishes his/her/its eSignature in their Subscriber/User Profile, Subscriber/User acknowledges and understands the following disclosures:

  • Subscriber/User does not need to establish their eSignature in their Subscriber/User Profile and/or does not need to use their eSignature in any transaction within the RES.NET Network even if they establish their eSignature in their Subscriber/User Profile.

  • Subscriber/User has the option or can elect to use a non-electronic or paper document for signature or transaction purposes. As all eSignature document transactions in the RES.NET Network are in the PDF format, the Subscriber/User may print a paper copy from their own computer. Should a Subscriber/User request a printed paper copy from RES.NET, there will be a postage Fee charged to the requesting Subscriber/User.

  • Subscriber/User may withdraw their consent to use their eSignature at any time and without a Fee from RES.NET by accessing their Subscriber/User Profile and opting out by removing their eSignature. Subscriber/User may also elect not to use eSignature for a particular transaction or transactions. Prior to or before withdrawing their consent regarding use of a Subscriber/User’s eSignature, Subscribers/Users should consider any and all possible consequences and/or effects on the transaction or transactions for which they are or were using eSignatures, if any. RES.NET disclaims any and all responsibility for such consequences.

  • Once a Subscriber/User has established his/her/its eSignature in their Subscriber/User Profile thereby consenting to such use, their eSignature may be used for any and all transactions within the RES.NET Network, subject to the laws governing such usage for the transaction or transactions and/or a Subscriber(s)/User(s) withdrawing their consent for use of their eSignature.

    Each time a Subscriber/User uses their eSignature in a transaction, the Subscriber/User shall receive an electronic confirmation from RES.NET informing them of such usage. The electronic confirmation shall be sent to the Subscriber/User in accordance with the contact information set forth in their Subscriber/User Profile subject to: (i) Subscriber/User providing and maintaining accurate contact information in their Subscriber/User Profile; (ii) there are no technical and/or electronic malfunctions preventing RES.NET from sending confirmation; (iii) fraud and/or improper access and/or usage by any person and/or entity to any transaction within the RES.NET Network; and (iv) gross negligence, willful misconduct or omission by any subscriber/User. RES.NET reserves the right to stop delivery of electronic confirmation in its sole and absolute discretion.

  • Should a Subscriber/User withdraw their consent for use of their eSignature, Subscriber/User may print some or all of the documents in paper form and personally sign those documents. In such instances, such printed documents would not be stored in the RES.NET Network and responsibility for maintaining records of such documents would lie solely with the Subscriber/User.

    Should a Subscriber/User desire to withdraw their consent to use eSignature for all transactions within the RES.NET Network, Subscriber/User may follow the procedures described in paragraph 3 hereinabove or contact RES.NET at the toll free telephone number identified in the Master Services Agreement for assistance.

  • Provided the Subscriber/User is a member of the RES.NET Network, at any time during the course of any transaction, Subscriber/User may print a PDF format paper copy of any document or documents of any of Subscriber’s/User’s transaction(s) from Subscriber’s/User’s own computer or may request such paper copy from RES.NET subject to a Fee charge for postage.

    If a person or entity who used to be a member of the RES.NET Network but is not currently a member, desires a paper copy of a particular transaction(s) and/or document(s), such person or entity may request such print out by contacting RES.NET at the toll free telephone number identified in the Master Services Agreement. The applicable Fee and/or charge for such print out will be identified at that time by RES.NET.

Hardware & Software Requirements
  • All hardware and software requirements necessary to use the RES.NET Network and eSignature programs are specified in the Master Services Agreement and/or applicable Statement of Work. In order to access and/or use the RES.NET Network, Subscriber/User must be a member of RES.NET and have Adobe Acrobat Reader program, which can be downloaded onto Subscriber’s/User’s computer free of charge via a link on RES.NET Network. Should Subscriber’s/User’s computer and/or software be incompatible and/or require customization in order to use the RES.NET Network and/or eSignature programs, RES.NET can provide such custom programming at an additional Fee(s) and charges. Please contact RES.NET at the toll free telephone number provided in the Master Services Agreement to speak with RES.NET regarding such custom work.

  • Should there be any change to the hardware and/or software requirements necessary for a Subscriber/User to use the RES.NET Network and/or eSignature programs, notice will be provided to any affected Subscribers/Users. In the event of such an occurrence, any affected Subscriber/User may withdraw their consent to use eSignature from their Subscriber/User Profile without charge or Fee.

Record Retention
  • RES.NET shall maintain and store electronic records of all transactions that have been conducted within the RES.NET Network including those using eSignatures. As long as they are members of RES.NET Network, Subscribers/Users shall have access to their records that are stored on the RES.NET Network system. Subscribers/Users are advised that should they elect to use the paper print out option, such transactions will not be stored electronically by RES.NET and such records must be maintained and stored by Subscriber/User only.

    If a person or entity who used to be a member of the RES.NET Network but is not currently a member needs access to records being stored on Res.NET Network system, that person or entity may request a print out of a particular transaction(s) and/or document(s) by contacting RES.NET at the toll free telephone number identified in the Master Services Agreement. The applicable Fee(s) and/or charge(s) for such print out will be identified at that time by RES.NET.

Liability and Responsibility

As more fully set forth in the Master Services Agreement, RES.NET shall use its best efforts to maintain a secure program network for all authorized Subscribers/Users of the RES.NET Network.

Once a Subscriber’s/User’s Profile is established including RES ID, Password, eSignature and other information contained therein, it is the sole responsibility of each Subscriber/User to maintain security of their RES ID and Password. Should a person or persons gain access to the RES.NET Network using a Subscriber’s/User’s RES ID and Password through no fault of RES.NET, whether authorized or unauthorized by that Subscriber/User, that Subscriber/User shall be solely responsible for all liability and damages caused by or resulting from such access including, but not limited to, electronic signatures, personal information, confidential information and other information whether or not contained in any Subscriber/User Profile.

In such instances, and as is more fully set forth in the Indemnification section in the Master Services Agreement, that Subscriber/User would hold harmless, defend and indemnify U.S. Real Estate Services, Inc., RES.NET Corporation, their directors, officer, employees, agents, independent contractors and the like from any and all claims, lawsuits, liability, damages, expenses, costs, and/or costs of defense including, but not limited to, reasonable attorney’s fees.

Consequently, Subscriber/User should immediately contact RES.NET if Subscriber/User suspects, believes and/or knows that such RES ID and/or Password security has been compromised, stolen, accessed without Subscriber’s/User’s permission or knowledge and/or used in a manner that is in contravention of the terms and conditions set forth in the Master Services Agreement. RES.NET may be contacted using the toll free telephone number identified in the Master Services Agreement.

Termination of eSignature by RES.NET

RES.NET reserves the right to revoke, at its sole and absolute discretion, with or without cause, a Subscriber’s/User’s privilege and/or access to use eSignature for any and/or all transactions within the RES.NET Network system.

DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY AND WAIVER OF RIGHTS

This website and all content, data, information, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, goods, services and product descriptions, materials, products (including software) described, referenced, included on or otherwise made available to you through this website as provided by this website and its owners on an “as is” and “as available” basis, unless otherwise specified in writing. This website and its owners make no representations or warranties of any kind, express or implied, as to the operation of this website or the content, data, information, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, goods, services and product descriptions, materials, products (including software) described, referenced, included on or otherwise made available to you through this website, unless otherwise expressly specified in writing.

You expressly acknowledge, accept and agree that your use of this website is at your sole risk. You further expressly acknowledge, accept and agree that this website and its owners, officers, directors, employees, agents and representatives shall not be liable or responsible in any way for any content, data, information, video, audio, data, photographic, digital graphic, text, images, reviews, comments, communications, logos or other content submitted by any visitor, user or customer of this website or any conduct of a third party that is inaccurate, offensive, derogatory, defamatory, indecent, illicit, objectionable or illegal; you expressly acknowledge, accept and agree that you assume all risk of harm, loss and damage that may result from the foregoing; and you agree to and hereby do waive any and all claims and/or causes of action concerning, relating to or arising out of use of this website.

To the fullest extent possible or permissible by applicable law, this website and its owners, directors, employees, agents and representatives disclaim all warranties, express or implied, including, but not limited, implied warranties of merchantability and fitness for a particular purpose, in connection with this website and your use of this website. This website and its owners, officers, directors, employees, agents and representatives do not warrant that this website or any website that can be linked to from this website; information, content, materials, products (including software) or services included on or otherwise made available to you through this site or that can be linked to from this website; their servers; or e-mail sent from this website are free of errors, inaccuracies, mistakes, mischaracterizations, offensive material, bugs, viruses, Trojan horses or other harmful components. This website and its owners, offices, directors, employees, agents and representatives assume no liability or responsibility for any damages of any kind (whether such damages may be personal injury or property damage) arising from the use of this website or from any content, data, information, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, goods, services and product descriptions, materials, products (including software) or services included on or otherwise made available to you through this website, including but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise expressly specified in writing.

Additionally, this website and its owners, officers, directors, employees, agents and representatives assume no liability or responsibility for and you expressly waive any and all claims arising from (i) any use of this website or its content that is not authorized or permitted (ii) any termination or interruption of the transmission to or from our website (iii) any lost profits or revenues, regardless of whether such losses were foreseeable or anticipated; (iv) any unauthorized use or access of our secure servers, including any use or access of personal, financial or other information maintained or stored in said servers, or (v) any omissions or errors in video, audio, data, photographic, digital graphic, text, images, reviews, comments, communications, logos or other content.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

APPLICABLE LAW

By visiting and/or using this website, you accept and agree that the laws of the State of California, without regard to the principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and this website and/or its owners.

DISPUTES

Any dispute involving this website and/or its owners relating in any way to your visit to or use of this website; to content, data, information, images, video, audio, photos, user/customer comments, user/customer video/audio/photo submissions, goods, services and product descriptions; goods, services or products advertised, marketed, sold or distributed by this website and/or its owners or through this website; or other content of this website shall be adjudicated in any state or federal court in Orange County, California, and you consent to the exclusive jurisdiction and venue in such courts without regard to any conflicts of laws, statues or principles. If any terms or condition contained herein is deemed to be invalid by a court of competent jurisdiction, then the remaining portions of these Terms and Conditions of Use shall remain in full force and effect to the fullest extent possible and shall not be affected by the invalid provisions. Any waiver of a condition or term of these Terms and Conditions of Use by this website, its owners, officers, directors, employees, agents or representatives shall not be deemed to constitute or permit a future, continuing or other waiver of any other term or condition and any failure to assert enforcement of a condition or term of these Terms and Conditions of Use shall not constitute a waiver of such condition or term. You expressly agree that any and all claims and/or causes of action concerning, relating to or arising out of use of this website or otherwise concerning or relating to this website must be commenced within one (1) year from the date the claim or cause of action accrued and, if not commenced within this one (1) year, will otherwise be forever and permanently barred.

SITE CONDITIONS, POLICIES, MODIFICATION AND SEVERABILITY

We reserve the right to make changes to this website, its policies, these Terms and Conditions of Use and our Privacy Policy at any time. Your continued use of this website after any such changes shall constitute your acceptance and agreement to be bound by these changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, any such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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