These Terms of Service ("TOS") constitute a legally binding agreement made by and between TourVision Real Estate ("TourVision") and you, whether personally or on behalf of an entity ("you"). These TOS govern your use of the TourVision web sites (the "Network") and the services offered by TourVision on the Network (the "Services"), so please read them carefully.
BY ACCESSING OR USING ANY PART OF THE NETWORK, YOU AGREE THAT YOU HAVE
READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO BE
SO BOUND, DO NOT ACCESS OR USE THE NETWORK.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS
CHANGE FREQUENTLY. ACCORDINGLY, TOURVISION RESERVES THE RIGHT TO MAKE CHANGES
TO THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USE OF THE SERVICES CONSTITUTES
ASSENT TO ANY NEW PROVISIONS OF THIS TOS THAT MAY BE POSTED ON THE NETWORK.
- The Network. The Network is an independent source of information about real estate and related information. The Network is designed to permit any person who has access to the Internet to find real estate information. The Network is not intended to be a solicitation for the purchase, sale, or lease of real property outside of the State of California.
- Using The Network and the Services.
- Eligibility. Except as expressly provided below, fee-based Services may only be used by, and Membership is limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming Members and, except as specifically provided below, using fee-based Services.
- Becoming a Member. As described below, certain Services are offered only to Members.
- Membership Registration. To become a Member, you must create an account with TourVision through the online registration process on the Network. In creating an account, you must provide TourVision with accurate and complete registration information, as prompted in the registration form. You must promptly notify TourVision if any of this information changes. If you fail to provide or update this information, TourVision may terminate your right to use the Network or the Services.
- Passwords. When you become a Member, you will be asked to choose a password. You must keep your password confidential. You will be responsible for all use of your password and account, including, without limitation, any use by any unauthorized third party. You must notify TourVision immediately if you believe your password or account has been obtained or may be accessed or used by any unauthorized person or entity. In addition, you must notify TourVision immediately if you become aware of any other breach or attempted breach of the security of the Network. For security purposes, TourVision recommends that you change your password often. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be an employee of TourVision. TourVision's employees will never ask for your password. You must notify TourVision if you receive such a request.
- The Services.
- Real Estate Information. The Network offers the public the ability to browse, search, and review real estate and related information. The real estate information presented on the Network is licensed for our use from third parties and cannot be reused without prior written permission from TourVision. TourVision has no responsibility for confirming the accuracy and truthfulness of this information.
- Payment. You must pay for your use of the Services in accordance with the instructions provided on the Network.
- Taxes. You will solely be responsible for all taxes arising from, relating to or connected with your use of the Network or Services, except for taxes relating to TourVision's income.
- Your Content.
- License. By posting, storing or transmitting any content on or to the Network, you hereby grant TourVision a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby irrevocably waive any claims based on moral rights, if any.
- Objectionable Content. You are solely responsible for your interactions with other users of the Network and any content that you post. TourVision will not be liable for any damage or harm resulting from any content or your interactions with other users of the Network. TourVision reserves the right, but has no obligation, to monitor interactions between you and other users of the Network and take any other action to restrict access to or the availability of any material that we or another user of the Network may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates these TOS).
- Prohibited Content. You may not post, submit or transmit any content that: (i) is libelous, defamatory or slanderous; (ii) advocates the violent overthrow of the government of the United States; (iii) incites, encourages or threatens immediate physical harm against another; (iv) presents an immediate and genuine danger to another person or entity; or (v) violates any applicable law, regulation, or rule.
- User Conduct.
- Prohibited Conduct. In your use of the Network and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the Services, the Network or any web sites linked to the Network; (iii) interfere with or damage the Network or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user's account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) TourVision; or create or use a false identity; (v) attempt to obtain unauthorized access to the Network or portions of the Network that are restricted from general access; (vi) engage, directly or indirectly, in transmission of "spam," chain letters, junk mail or any other type of unsolicited solicitation, except in those areas of the Network that are designated for solicitations; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Network or the Services; (viii) use any meta tags or any other "hidden text" utilizing TourVision's name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by TourVision; (x) engage in any activity that interferes with any third party's ability to use or enjoy the Network or Services; or (xi) assist any third party in engaging in any activity prohibited by these TOS.
- Other Users. If you become aware of any conduct that violates these TOS, we encourages you to contact us. TourVision reserves the right, but will have no obligation, to respond to such communications.
- Intellectual Property Rights.
- Copyright. All materials on the Services and the Network, including without limitation, the TourVision logo, design, text, graphics, other files, and the selection and arrangement thereof are either owned by TourVision or are the property of TourVision's suppliers or licensors. You may not use such materials without permission. Copyright © 1993-2012 TourVision Real Estate ALL RIGHTS RESERVED.
- Trademarks. TourVision and the TourVision logo are trademarks owned by TourVision. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of TourVision. You hereby acknowledge that any use by you of such trademarks or trade dress is for the sole benefit of TourVision and all goodwill generated by such use will inure to TourVision. If you use TourVision's trademarks or logos, you must include appropriate attribution to TourVision. All other trademarks, trade names and the like that appear on the Network or the Services are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names without express permission.
- Ownership and Use. TourVision will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of these TOS or otherwise, except as expressly set forth in these TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Network or through the Services, except as expressly set forth in these TOS. Notwithstanding the foregoing, you may use the content and materials on our Network and available through our Services in the normal course of your use of the Network and Services. You may not use any third-party intellectual property without the express written permission of the applicable third party, except as permitted by law.
- Copyright Policy and Copyright Agent. TourVision respects the intellectual property rights of others and expects its users to do the same. TourVision may remove content that in its sole discretion appears to infringe the intellectual property rights of others. In addition, TourVision, in its sole and absolute discretion, may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that a user of the Network or the Services has infringed your intellectual property rights, please notify TourVision's Copyright Agent, and provide the following information:
Linking and Framing. You may create a hyperlink to TourVision's Network; provided that neither you nor the link portrays TourVision or any of its products and services in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with TourVision. TourVision may revoke this permission at any time for any reason upon notice to you. You may not "frame," inline link, or similarly display any TourVision content or property, including, without limitation, the Network. You may not use any TourVision logo or other of its trademarks as part of the link without express written permission.
Representations and Warranties.
- A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
- An identification of the intellectual property claimed to have been infringed.
- A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
- A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
Indemnification. You agree to hold TourVision and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the "Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these TOS by you or (ii) arising from, related to, or connected with your use of the Network or the Services. If you are obligated to provide indemnification pursuant to this provision, TourVision may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of TourVision.
- By Each Party. Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under these TOS, (ii) the assent to and performance by it of its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) these TOS constitute legal, valid and binding obligations of the parties executing or assenting to these TOS, enforceable in accordance with their terms and conditions.
- By You. You represent and warrant to TourVision that: (i) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other right of any third party in your use of the Network or the Services and (ii) you will comply with all applicable laws, rules and regulations in your use of the Services and the Network, including these TOS.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
- TourVision is not responsible for disclosing any facts materially affecting the value or desirability of any property, as required by California Civil Code Section 2079 et seq., listed on its Network by brokers, agents, individuals or entities not employed by TourVision.
- TourVision is not responsible for the accuracy of any information provided by multiple listing services, global positioning services, or any governmental agencies or employees listed on the Network.
- You should independently verify the accuracy and completeness of all information relating to each listing on the Network, by making a personal home and neighborhood inspection and by hiring the services of a licensed contractor to verify the condition of any real property improvements.
Force Majeure. TourVision will not be liable for failing to perform under these TOS by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to TourVision to perform, fire, terrorism, natural disaster or war.
Arbitration. All disputes arising out of or relating to these TOS (including its formation, performance or alleged breach) or your use of our Services or the Network will be exclusively resolved under confidential binding arbitration held in Sacramento, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, TourVision will have the right to seek injunctive or other equitable relief in state or federal court located in Sacramento, California to enforce these terms or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.
Changes to the Network or Service. TourVision may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Network or the Services, temporarily or permanently, at any time without notice to you, and TourVision will not be liable for doing so. Without limiting the foregoing, and notwithstanding anything contained in these TOS, TourVision will have the right from time to time to change the amount of the fees or institute new fees relating to the Services. Further, TourVision may impose limits on the amount of storage space for Member web sites, or delete materials: (i) stored for an excessive period of time; (ii) out-of-date materials; or (iii) relating to an inactive Member account.
- DISCLAIMER OF WARRANTIES. TourVision PROVIDES THE NETWORK AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TourVision DOES NOT REPRESENT OR WARRANT THAT THE NETWORK OR SERVICES OR THEIR USE (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. TourVision MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
- THIRD PARTY SERVICES. THE THIRD-PARTY LINKS, SERVICES, Goods, RESOURCES AND INFORMATION THAT TourVision PROVIDES ON OR MAKES AVAILABLE THROUGH THE NETWORK, INCLUDING, WITHOUT LIMITATION, THOSE AVAILABLE THROUGH THIRD-PARTY ADVERTISEMENTS, ARE NOT CONTROLLED BY TourVision. ACCORDINGLY, TourVision MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE for YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION.
- EXCLUSION OF DAMAGES. TourVision WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE NETWORK OR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TOS, THE NETWORK OR SERVICES EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU TO TourVision DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $25.
Notices and Electronic Communications. All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, or (iii) overnight courier. If you give notice to TourVision, you must use the address shown in Section 9. If TourVision provides notice to you, TourVision must use the contact information provided by you to TourVision. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if by delivery by U.S. mail, on the date of receipt appearing on a return receipt card, or (iii) if by overnight courier, on the date receipt is confirmed by such courier service.
Waiver of Class Action Rights. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these TOS must be asserted individually.
Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Network or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Additional Terms. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the state of California without reference to conflict of law principles. These TOS and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferable by you without the prior written consent of TourVision. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these TOS. You and TourVision are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
- By TourVision. TourVision will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account or your access to the Network or Services, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these TOS, (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) exceeding your credit card limit; (v) "chargeback" of a fee or other payment; or (vi) your membership account becoming inactive for an extended period of time.
- By You. If you are a Member, you may terminate your account for any reason at any time by terminating it through the "Your Account" feature on the Network or providing notice to TourVision of your intention to do so, subject to these TOS.
- Effect of Termination. If your account is terminated, TourVision may delete any web sites, files, graphics or other content or materials relating to your use of the Network or Services on TourVision's servers or otherwise in its possession and TourVision will have no liability to you or any third party for doing so. Following termination, you will not be permitted to use the Network or the Services. If your account or your access to the Network or Services is terminated, TourVision reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Network or the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP).
- Your Obligations Upon Termination. If your account is terminated, you must immediately pay TourVision any fees that you owe it.
- Survival. These TOS will survive indefinitely unless and until TourVision chooses to terminate them, regardless of whether any account you open is terminated by you or TourVision or if you have the right to access or use the Network or the Services.
7/22/2011 7:25 PM
Real Estate Broker #00573887, California Department of Real Estate
Copyright © 1993-2012 TourVision Real Estate. All Rights Reserved.
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