Terms & Conditions



IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS OF USE

RES.NET Corporation, U.S. Real Estate Services, Inc., its subsidiaries, owners, and representatives ("RES.NET", "we", "us", "our") provide various products and services (collectively, "RES.NET Products") to help you manage, maintain, market, and become more informed about real estate and related industries. RES.NET Network refers to all the account holders that register through different RES.NET Products where each account holder has a unique account identifier ("Account ID"). "You" or "your" means either you as an individual or your company if you are using RES.NET Products in your capacity as an employee or agent of a company. RES.NET ("we", "us", "our") mean RES.NET Corporation, a California corporation that is a wholly-owned subsidiary of U.S. Real Estate Services, Inc., a Nevada corporation, located at 25520 Commercentre Dr., First Floor, Lake Forest, CA 92630. This Terms and Conditions of Use is a binding legal document between us and you, which explains your rights and obligations as a user of our products.



By clicking the submit button to acknowledge acceptance of Terms and Conditions of Use, or by allowing the checkbox acknowledging the Terms and Conditions of Use to remain checked, or by using any RES.NET Products, you agree to be bound by this Terms and Conditions of Use. If you do not agree to this Terms and Conditions of Use, then do not check the checkbox and do not use RES.NET Products.



The Terms and Conditions of Use also includes any RES.NET policies or documents referenced in this document, including RES.NET's privacy policy at http://www.res.net/privacy-statement.



RES.NET may make modifications to this Terms and Conditions of Use, policies, other documents, and RES.NET Products at any time. Any modified version will be effective at the time it is posted. Your continued use of RES.NET Products after any such changes shall constitute your acceptance and agreement to be bound by these changes. To keep abreast of your rights and relevant restrictions, please refer to this Terms and Conditions of Use and read it periodically. 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.



SPECIAL NOTICE

You are advised and you expressly accept and agree that RES.NET Products is providing you a forum to compile and review information concerning parcels of real estate; that we are not providing any legal advice and we are not attorneys; that we are not providing any real estate advice and we are not real estate brokers or real estate agents; that we are not providing any financial investment advice and we are not financial advisers or consultants; that we are not providing mortgage advice and are not mortgage brokers; that we make no representation that you will be successful in selling or purchasing any real estate described or shown on any RES.NET Product; and that we 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 any RES.NET Products.



CONDITIONS OF USE

RES.NET Products provide information, goods, services and/or products and links to third party websites. 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 RES.NET Products or from third parties through RES.NET Products. We are not responsible for information, goods, services and/or products that you access, use or obtain from third parties through RES.NET Products or that are offered through links from RES.NET Products. We are not responsible for any other websites that you may link to from RES.NET Products. 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 RES.NET Products are strictly conditioned upon your adherence to the restrictions and limitations of use that are listed below. 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 us. :



  • You will use information through RES.NET Products 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 RES.NET Products 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 RES.NET Products 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 RES.NET Products 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 RES.NET Products, 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 RES.NET Products or third party websites without the prior express written permission from us.
  • You will not use RES.NET Products 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 RES.NET Products through the use of RES.NET Products' 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 us.
  • You will include a prominent or automatic link back to RES.NET Products 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 RES.NET Products 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 us.
  • You will not use RES.NET Products 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 RES.NET Products 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 we decide, in our sole discretion and subsequently inform you in writing, is not appropriate or permitted.
  • You will not use RES.NET Products 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 RES.NET Products 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 that appears of RES.NET Products or its features.
  • You will maintain a fully paid current account for the level and cost of the membership, service level, goods and services you select or provide.
  • You represent and warrant that you are duly licensed and have adequate insurance to conduct services on RES.NET Products. You will maintain current and in good standing any and all licensing and certifications, and insurance coverages as necessary or as required to conduct the services on RES.NET Products. Licensing and/or certifications shall be obtained from the applicable state licensing agency in the state of operation. Said insurance coverage must be in accordance with any applicable laws and regulations. You acknowledge that you may be required to provide proof of license and insurance coverage and shall do so by attaching a current copy of your license(s) and/or certification(s) and a copy of the declarations page of current insurance policies (such as an Errors & Omissions insurance) to your profile on RES.NET. You agree that if you fail to maintain current and in good standing any and all licensing and certifications, and insurance coverages as necessary or as required to conduct the services on RES.NET Products, we may suspend or terminate your account and disable any access to RES.NET Products.
  • 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 our name or trademarks without express written consent from this website, its owners or representatives.
  • 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.


Any use by you of RES.NET Products or any content that appears on RES.Net Products 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 RES.NET Products and its content are limited, revocable and nonexclusive.



PRIVACY

Please review our Privacy Policy (www.res.net/Privacy_Statement) to familiarize yourself with our practices regarding information we gather. This Terms and Conditions of Use incorporates by reference our Privacy Policy. By agreeing to the Terms and Conditions of Use, our Privacy Policy will also govern your use of RES.NET Products.



CONFIDENTIALITY

You agree that all code, inventions, features, know-how, business, technical, financial, performance and proprietary information and the terms and conditions you receive from us or acquire through the use of RES.NET Products and any in the RES.NET Network constitute as confidential information without any marking or further designation. You will hold all confidential information in strict confidence. You will safeguard confidential information with the same degree of care to avoid unauthorized disclosure as it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care. You will not use (or assist or permit any other person to use) any of the confidential information for any purpose not authorized by these terms and shall comply with all applicable privacy law, and shall not permit or assist any person to violate any of these requirements. You acknowledge and agree that a breach of confidentiality could cause irreparable and continuing harm to RES.NET for which there is not an adequate remedy at law and which is not compensated adequately by monetary damages. Therefore, in addition to any other remedies that RES.NET might have at law, we may seek an injunction or other equitable relief for any threatened or actual breach of this section, regardless of whether monetary damages caused by the breach can be proved.



COMMUNICATIONS BETWEEN US AND YOU

Each time you use RES.NET Products or send us an e-mail, you are communicating with us electronically. By and through your use of RES.NET Products, 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 RES.NET Products, 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 RES.NET Products belong to us or our business affiliates and are protected by United States and international copyright laws.



TRADEMARK

We claim all rights and privileges in graphics, logos, page headers, button icons, scripts and service names that are trademarks, registered trademarks or trade dress that appear in RES.NET Products, both in the United States and in other countries. Our trademarks and trade dress may not be used in any manner or in connection with any product or service that is not a RES.NET Product or expressly authorized by us. Our 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 us or RES.NET Products. All other trademarks that are not owned by us that appear on RES.NET Products are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.



PATENTS

One or more patents owned or jointly owned by or licensed to us may apply to RES.NET Products. We claim all rights and privileges to any such rights we may have in these patents. Other patents not owned by us are the property of their respective owners who may or may not be third parties or our business affiliates.



THE RES.NET NETWORK ACCOUNT YOU CREATE

You are responsible for maintaining the confidentiality of your RES.NET Network 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 RES.NET Products. We reserve the right to refuse service, terminate accounts, terminate services, terminate features of RES.NET Products, remove or edit content or cancel tasks and orders in our sole discretion.



You are fully responsible for any actions taken by any designated user you create under your account. You will inform each designated user of these terms and any changes to these terms, and will enforce such restrictions. Your acceptance of these Terms and Conditions of Use will also be deemed as acceptance of these terms by each and every one of your designated users.



MEMBERSHIP LEVELS

Some RES.NET Products offer several membership plans with corresponding levels of services and benefits and applicable fee. The services and benefits associated with each membership level are explained to you at the time of your registration. Once registered, you become an account holder in the RES.NET Network



Depending on the membership plan you select, you may be provided access to services which enable you to communicate with other account holders in the RES.NET Network. You authorize and agree to be part of the RES.NET Network database, which, when applicable fees and/or profile requirements are met, exposes your information and company to be selected by other account holders for service orders or file assignments. You agree that any services, updates, reports, documents and approvals are provided only through the RES.NET Network. You acknowledge and agree that nothing in these Terms and Conditions of Use requires us to recommend anyone to any account holder, and that generally, account holders may choose anyone directly from the RES.NET Network database without any input from us. You agree that you are not guaranteed to receive any orders whatsoever from any account holders, and understand that you will contract independently with each account holder for any services rendered and RES.NET has no responsibility for any failure by an account holder to make any payment owed. Your receipt of compensation from account holder is not a condition precedent to your obligation to pay RES.NET any membership, maintenance, technology access or any other fees when it becomes due.



In order to be eligible to receive an service order or file from an account holder in the RES.NET Network or in order to continue managing an existing file assignment from an account holder in the RES.NET Network, you must, when applicable, register for and maintain the appropriate level membership, a current and valid credit card on file, and any or all required profile credentials



MEMBERSHIP PAYMENTS AND FEES

Membership payments and fees, and maintenance fees when applicable, 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 that your membership commences (and can include annually, one month, three month, six month, monthly billable on the first of the month, etc.) or may be set to the first of the month.



You authorize and agree that we may charge your credit card, debit card or bank account, in advance, the membership fee, or maintenance fee when applicable, for the duration of the active applicable membership period that you selected during registration or implementation. You authorize and agree that we may modify and/or change the membership fee, or maintenance fee when applicable, and/or membership benefits specific to your membership level, upon thirty (30) days notice to you sent by e-mail or posted in the applicable RES.NET Product.



Some RES.NET Products will require you to pay a technology access fee. The fees are explained to you within the information provided at the time of your account registration. From time to time, we may increase the amount of any technology access fee charged. You authorize and agree that we may change these fees, upon thirty (30) days notice to you sent by e-mail or posted in the applicable RES.NET Product.



In purchasing our product(s), you agree to pay for your membership, maintenance fees, etc. With our automatic renewal, your account will maintain in active status until your account is terminated. Membership payments and fees, and maintenance fees will be billed automatically to the credit card on file, and will auto-renew on your anniversary day (or monthly), or at the first of the month until your account is terminated. We will notify you no later than seven days before charging your account, that your membership is ending, and that we will, unless otherwise notified by you, bill, at whatever membership rate is in effect at that time, automatically to the credit card on file, at the start of the renewal period.



You agree that if you apply for a free trial membership and do not cancel the trial membership, you authorize us to convert your trial membership into a paid membership for the membership level you selected in your trial. The trial membership that converts to a paid membership will be effective at 2:00 a.m. Pacific Time on the last day of the selected trial term upon registration.



If you want to cancel your membership, 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 membership account, please call: RES.NET Support at 1-800-760-7036.



ON-TIME PAYMENT

You are required to pay all charges on time and agree to submit an accompanying payment authorization in connection with these charges when requested by RES.NET. Credit card transactions require a valid credit card. We may terminate your account and all associated services, if and when you fail to pay fully and in a timely manner all amounts due to RES.NET. If your credit or debit card expires or is otherwise declined for payment; your account has a due and unpaid balance; or your membership is cancelled for any reason, then your access to RES.NET Products and its features, including any and all data in your file, can be modified, suspended or terminated without notice to you. If any payment you owe 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. You shall pay all costs of collection, including legal fees, incurred by RES.NET. You are 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. You are 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 RES.NET Products.



PAYMENT METHODS

Your complete billing address must be provided to process payments. We accept 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, we does not offer a one month free trial and may not credit the applicable account until additional procedures are completed and after our bank certifies receipt of funds — typically five (5) business days. We 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

You may contact our Customer Service by e-mail at support@res.net or telephone at 1-800-760-7036 concerning charges or other questions regarding the status of your account. However, if your account questions are not satisfactorily resolved within fifteen (15) business days of your 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, you must write to the Customer Service Department, at RES.NET, 25520 Commercentre Drive, First Floor, Lake Forest, California 92630 delivered by United States mail and provide a detailed basis and description of your concern. Otherwise, any and all such complaints are waived.



CANCELLATION

You may cancel your membership(s) at any time. You may be subject to a cancellation fee. 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 you in these Terms and Conditions of Use or in a related specific promotional offer.



You may cancel 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 1-800-760-7036 during business hours of 7:30 a.m. to 4:30 p.m. Pacific Time 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, First Floor, Lake Forest, California 92630. Cancellation requests sent by mail will not be processed or effective until received.



All fees and charges are nonrefundable (with the exception of an annual membership paid in full which is nonrefundable after the 15-day warranty period has expired)



The annual membership fee, when paid in full for the entire year, 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.



In the event that you were to cancel a Pro monthly membership, RES.NET will not process any future monthly payments and shall terminate the active membership on the last day of the active paid term, any previous payments that have been processed are non-refundable. You may cancel your membership for any or no reason at any time. Beginning on the sixteenth (16th) day from the commencement of the initial annual membership or if the annual membership is an account renewal, 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.



RES.NET reserves the right to cancel any membership and services at any time.



COMMUNICATION, COMMENTS AND OTHER CONTENT SUBMITTED BY YOU

In some circumstances we may permit you to submit for display within RES.NET Products 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 RES.NET Products and we do not routinely review the activities of RES.NET Product users or content submitted by RES.NET Product users.



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 us, 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 us 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 applicable RES.NET Products such as 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 us and their sub-licensees and/or assign 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 RES.NET Products a non-exclusive license to review and access any content that you submit to RES.NET Products 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. 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 us, those in the RES.NET Network, 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 RES.NET Products. 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.



To make a copyright infringement claim:

Please provide our copyright agent a written communication that provides substantially the information specified below.



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 RES.NET Products that are intended to be covered by one notification, a detailed representative list of the property or works that appear on RES.NET Products that are the subject of the claim;

A description of where the material that you claim is infringing is located on RES.NET Products. 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.



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.



Our Copyright Agent for notice of claims of copyright infringement that appear on RES.NET Products should be reached as follows:



Intellectual Properties, Legal Department
25520 Commercentre Drive, First Floor
Lake Forest, CA 92630
Telephone (800) 760-7036
Facsimile (949) 598-9960
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 RES.NET Products and their servers. Any services, products or item goods that you purchase from us, where delivery is intended to be done other than by electronic means, is purchased according to a shipment contract. Under a shipment contract, 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 us 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 RES.NET Products and use by another through your RES.NET Product account or by using your password; (ii) your access to RES.NET Products and use by another through your RES.NET Product account or by using your password; (iii) any violation by you of any term or condition of the Terms and Conditions of Use of RES.NET Products; (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 RES.NET Products 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 RES.NET Products 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 RES.NET Products. 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 that appear on RES.NET Products 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 RES.NET Products 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 that appear on RES.NET Products represent the retail price listed for the good, service or product itself, suggested by us, the business affiliate or third party, 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. For a good, service or product that you purchase from our business affiliates and other third parties at the time you place your order, you are solely responsible for confirming the price as these business affiliates and third parties may have different pricing policies.



OTHER BUSINESSES

Our business affiliates and other third parties, provide or sell goods, services and products that appear in RES.NET Products. We also provide links from RES.NET Products to the websites of business affiliates and third parties. You acknowledge and agree that these business affiliates and other third parties, including RES.NET Product account holders within the RES.NET Network are independent from RES.NET and do not constitute an agency relationship, other fiduciary relationship or joint venture. You accept and agree that we are not responsible for examining and evaluating the goods, services or products of these third parties we 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. We 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 policies.



eSIGNATURE

You, as an account holder in the RES.NET Network who have been provided by RES.NET an Account ID, may establish in your account profile an Electronic Signature ("eSignature") that, subject to certain restrictions and laws, may be used in all transactions within the RES.NET 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 you as though you signed such transaction documents in person. Accordingly, RES.NET advises each and every one of you to check with or seek advice from your attorney or legal counselor BEFORE OR PRIOR TO establishing your eSignature in your profile AND before using such eSignature in any transaction within the RES.NET Network.



The establishment of an eSignature in your profile shall mean that you have consented to use eSignatures for all transactions conducted within the RES.NET system.



It is recommended that you fully and completely read this Electronic Signature section in its entirety BEFORE OR PRIOR TO establishing your eSignature in your profile and/or using your eSignature in any transaction within the RES.NET Network.



Disclosures:

PRIOR TO OR BEFORE you establish your eSignature in your profile, you acknowledge and understand the following disclosures:



You do not need to establish your eSignature in your profile and/or do not need to use your eSignature in any transaction within the RES.NET Network even if you establish your eSignature in your profile.

You have 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, you may print a paper copy from your own computer. Should you request a printed paper copy from RES.NET, there will be a postage Fee charged to you.

You may withdraw your consent to use your eSignature at any time and without a Fee from RES.NET by accessing your profile and opting out by removing your eSignature. You may also elect not to use eSignature for a particular transaction or transactions. Prior to or before withdrawing your consent regarding use of your eSignature, you should consider any and all possible consequences and/or effects on the transaction or transactions for which you are or were using eSignatures, if any. RES.NET disclaims any and all responsibility for such consequences.

Once you have established your eSignature in your profile thereby consenting to such use, your 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 you withdrawing your consent for use of their eSignature. Each time you use your eSignature in a transaction, you shall receive an electronic confirmation from RES.NET informing you of such usage. The electronic confirmation shall be sent to you in accordance with the contact information set forth in your profile subject to: (i) you providing and maintaining accurate contact information in your 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 you. RES.NET reserves the right to stop delivery of electronic confirmation in its sole and absolute discretion.

Should you withdraw your consent for use of your eSignature, you 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 you. Should you desire to withdraw your consent to use eSignature for all transactions within the RES.NET Network, you may follow the procedures described in section 3 hereinabove or contact RES.NET at 1-800-760-7036.

Provided you are a member of the RES.NET Network, at any time during the course of any transaction, you may print a PDF format paper copy of any document or documents of any of your transaction(s) from your 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 1-800-760-7036. The applicable Fee and/or charge for such print out will be identified at that time by RES.NET.



Hardware & Software Requirements:

In order to access and/or use the RES.NET Network, you must be a member of RES.NET and have Adobe Acrobat Reader program. Should your 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 1-800-760-7036 to speak with RES.NET regarding such custom work.



Should there be any change to the hardware and/or software requirements necessary for you to use the RES.NET Network and/or eSignature programs, notice will be provided to you. In the event of such an occurrence, you may withdraw your consent to use eSignature from your 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 you are a member of RES.NET Network, you shall have access to your records that are stored on the RES.NET Network system. You are advised that should you 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 you 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 1-800-760-7036. The applicable Fee(s) and/or charge(s) for such print out will be identified at that time by RES.NET.



Liability and Responsibility:

RES.NET shall use its best efforts to maintain a secure program network for all authorized users of the RES.NET Network.



Once your profile is established including RES ID, Password, eSignature and other information contained therein, it is your sole responsibility to maintain security of your RES ID and Password. Should a person or persons gain access to the RES.NET Network using your RES ID and Password through no fault of RES.NET, whether authorized or unauthorized by you, you 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 profile.



In such instances, and as is more fully set forth in the Indemnification section of these terms, you would hold harmless, defend and indemnify U.S. Real Estate Services, Inc., RES.NET Corporation, their directors, officers, 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, you should immediately contact RES.NET if you suspect, believe and/or know that such RES ID and/or Password security has been compromised, stolen, accessed without your permission or knowledge and/or used in a manner that is in contravention of the terms and conditions. RES.NET may be contacted using the toll free telephone number 1-800-760-7036.



Termination of eSignature by RES.NET:

RES.NET reserves the right to revoke, at its sole and absolute discretion, with or without cause, your 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

RES.NET Products 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 RES.NET Products as provided by us on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of RES.NET Products 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 RES.NET Products, unless otherwise expressly specified in writing.



You expressly acknowledge, accept and agree that your use of RES.NET Products is at your sole risk. You further expressly acknowledge, accept and agree that we 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 RES.NET Products 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 RES.NET Products.



To the fullest extent possible or permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited, implied warranties of merchantability and fitness for a particular purpose, in connection with us and your use of RES.NET Products. We do not warrant that RES.NET Products or any website that can be linked to from RES.NET Products; information, content, materials, products (including software) or services included on or otherwise made available to you through RES.NET Products or that can be linked to from RES.NET Products; their servers; or e-mail sent from RES.NET Products are free of errors, inaccuracies, mistakes, mischaracterizations, offensive material, bugs, viruses, Trojan horses or other harmful components. We 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 RES.NET Products 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 RES.NET Products, including but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise expressly specified in writing.



Additionally, we assume no liability or responsibility for and you expressly waive any and all claims arising from (i) any use of RES.NET Products or its content that is not authorized or permitted (ii) any termination or interruption of the transmission to or from RES.NET Products (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.



FORCE MAJEURE

You agree that in no event shall RES.NET be liable for any failure or delay in performance due to causes or circumstances beyond its reasonable control and without its fault or negligence including, but not limited to, Acts of God, acts of the public enemy, acts of the United States of America, or any state, territory or political division of the United States of America, or of the District of Columbia, fires, floods or other natural disaster, strikes or any labor disputes, communication line failures, freight line embargoes and/or the like.



APPLICABLE LAW

By visiting and/or using RES.NET Products, 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 us.



DISPUTES AND LIMITED LIABILITY TO FEES

Any dispute involving RES.NET Products and/or RES.NET relating in any way to your visit to or use of RES.NET Products; 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 RES.NET Products and/or us or through RES.NET Products; or other content that appear on RES.NET Products shall be resolved by binding arbitration with the Rules of the American Arbitration Association. Any dispute, controversy or claim subject to this arbitration provision shall be decided by one arbitrator that is mutually acceptable to each party. Any arbitration proceeding shall be conducted in Orange County, California. You consent to the exclusive jurisdiction and venue in Orange County, California without regard to any conflicts of laws, statutes or principles. BOTH PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL, EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO COURT ACTION. Both parties agree and understand the arbitrator shall have all powers provided by the law and the terms. These powers include all legal and equitable remedies including, but not limited to, money damages, declaratory relief and injunctive relief. Neither party has a right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; there shall be no class action arbitration or relief. Unless the arbitrator decides otherwise, each party shall bear its own costs and expenses, including attorney's fees, in connection with any arbitration proceeding.



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 us 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 RES.NET Products or otherwise concerning or relating to RES.NET Products 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.



In any action, arbitration or proceeding for legal or equitable relief on any claim, in addition to any other recovery, the prevailing party will be entitled to reimbursement of its reasonable costs, membership or maintenance fees, access fees, expert witness fees and other expenses. You agree that the liability of RES.NET for any claim whatsoever, is limited to the amount of the membership, maintenance and/or technology access fees actually paid by you in the 365 days immediately preceding the date of your initial, formation assertion of the claim (such as the filing date of an action or filing date of an answer containing a counterclaim). Neither party will be liable under any circumstances for any consequential damages, punitive damages, nominal damages, personal injury, lost business, lost savings, lost profit, or any other similar amounts.



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