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and content on this site and sold through this site is owned
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License Agreement
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Quality
Guarantee
All products
offered on this site carry a full guarantee. Unless otherwise
stated, you may return any product in original condition within
30 days of purchase for a full refund.
Liability
REIC of
LA shall not be held liable for any damages allegedly sustained
from use of this site's information, products, or services.
BEFORE
YOU ENTER ANY OF OUR WEBSITE PAGES, PLEASE READ THE TERMS
AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT CAREFULLY.
BY ENTERING
ANY OF OUR WEBSITE PAGES, YOU ARE AGREEING TO BECOME A PARTY
TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER
AGREEMENT.
Subscriber
Agreement
The Web
site located at http://realestateclubla.com
and affiliated site URLs ("Site") is provided by
REIC of LA. Your access to and use of the Site is governed
by this Subscriber Agreement ("Agreement"). As used
in this Agreement, "REIC of LA", "we,"
"us'" or "our" refers to REIC of LA, and
"you" or "your" refers to you, the user
of the Site. The Agreement below is the agreement you consented
to upon subscribing to the site.
1.
Access and Passwords
As part
of the subscription process for this Site, you have selected
or been assigned a particular username and password in accordance
with REIC of LA's username and password guidelines. YOU AGREE
THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE
USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT
OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD.
You agree that all actions taken by you, or any other user
that accesses the Site using your username and password, at
or through the Site will be attributed to and legally bind
you, even with respect to acts for which the user had no actual
authority or made an error. You assume all resulting liability
from use of the Site and any services available on it by you
or others using your username or password. If you lose your
username or password, please contact us at: info@realestateclubla.com.
2.
Subscription Fees and Payments
You can
always find the current Subscription Fees posted on our site.
Your subscription will continue and renew automatically, unless
terminated by REIC of LA or until you notify REIC of LA by
email or as designated on the Site of your decision to terminate
your subscription. If there are any annual, monthly, or similar
periodic fees for your subscription, these fees will be billed
automatically to the credit card designated during the registration
process for the Site or subsequently designated by you to
REIC of LA, at the start of the annual, monthly, or similar
period, and at the start of each renewal period, unless you
terminate your subscription before the relevant period begins.
You agree to pay or have paid all fees and charges incurred
in connection with your username and password for the Site
(including any applicable taxes) at the rates in effect when
the charges were incurred. All fees and charges are not transferrable
and nonrefundable. REIC of LA may change the fees and charges
then in effect, or add new fees or charges, by giving you
notice in advance. All fees and charges incurred in connection
with your REIC of LA username and password will be billed
to the credit card designated during the registration process
for the Site or subsequently designated by you to REIC of
LA. If you want to designate a different card or there is
a change in credit card validity or expiration date, or if
you believe someone has accessed the Site using your username
and password without your authorization, you may email us
at info@realestateclubla.com.
You are also responsible for any fees or charges incurred
to access the Site through an Internet service provider or
other third party service. YOU, AND NOT REIC of LA, ARE RESPONSIBLE
FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD
PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3.
Privacy
Our Privacy
Notice is a part of this Agreement and its terms are incorporated
herein by this reference. Please read it now at the link on
our site.
4.
User Conduct
The Site
may contain bulletin board services, news groups, forums,
and/or other message or communication facilities ("Communication
Services") designed to enable you to communicate with
others. You agree to use the Communication Services only to
submit or post messages and material that are proper and,
when applicable, related to the particular Communication Service.
You are also prohibited from submitting to, posting or transmitting
through realestateclubla.com any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited
to any material that encourages conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international
law. Content that consists of or contains software viruses,
political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam" is prohibited.
You may not use a false email or postal address, impersonate
any person or entity, or otherwise mislead as to the origin
of your posted content.
Any opinions,
advice, statements, services, offers, or other information
that constitutes part of the content expressed or made available
by third parties are those of the respective authors or distributors
and not of REIC of LA nor its affiliates, not any of their
officers, directors, employees, or agents. You acknowledge
that REIC of LA does not pre-screen all content, but that
REIC of LA and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or move
any content that is made available via the Communication Services.
Without limiting the foregoing, REIC of LA and its designees
shall have the right to remove any content that violates this
Agreement or is otherwise objectionable. You specifically
agree that REIC of LA is not responsible for any content sent
using and/or included in the Site by any third party.
5.
Copyright and Restrictions
This Web
site contains proprietary material of REIC of LA (or material
that other suppliers have licensed to REIC of LA for their
use) which is protected by copyright and other laws respecting
proprietary rights. REIC of LA retains all rights in the material
and media, including (without limitation) all copyright and
other proprietary rights worldwide in all media. You may not
use REIC of LA except as expressly permitted under this Agreement
and under U.S. copyright laws. Any routine and/or systematic
redistribution of any portion of the products licensed herein
is expressly prohibited.
End users
who are duly authorized may access REIC of LA for individual
use, i.e., may view the information on screen; may download
small portions of the information to a computer disk for personal
convenience and later reference; and may print paper copies
of small portions for personal use only.
The rights
granted here are an expansion of the rights granted under
the Copyright Act and do not include any rights to reproduce
in its entirety any portion of the information or materials
contained therein. No part of the information may be duplicated
in any medium or format beyond the express terms of this Agreement
without prior written authorization from REIC of LA. Any use
not authorized by the Agreement is prohibited and is not a
fair use under the U.S. copyright law.
You acknowledge
that the information (and the licensed materials contained
therein) is highly proprietary in nature and that unauthorized
copying, transfer or use may cause REIC of LA and/or REIC
of LA's suppliers irreparable injury that cannot be adequately
compensated for by means of monetary damages. You agree that
any breach of this provision by you, or any subscriber or
end-user, may be enforced by REIC of LA, and/or any of REIC
of LA's suppliers, by means of equitable relief (including,
but not limited to, injunctive relief) in addition to any
other available rights and remedies.
You agree
that any supplier of any portion of the licensed materials
may enforce its rights against you, even though that supplier
is not a party to the Agreement.
You may
not and may not permit others to: reproduce, publish, distribute,
sell, or otherwise access or use any material retrieved from
or contained in or on this Site in any manner whatsoever that
may infringe any copyright or proprietary interest of REIC
of LA; distribute the information contained in and/on this
Site to other users not duly authorized to Access the Site;
distribute, rent, sublicense, lease, transfer or assign the
information or Agreement; decompile, disassemble, or otherwise
reverse-engineer this Site or information contained in or
on this Site or any software contained therein, or alter,
translate, modify, or adapt it to create derivative works.
Unauthorized reproduction, transfer, and/or use may be a violation
of criminal as well as civil law.
You are
expressly prohibited from placing or installing any portion
of the information on any electronic media, including, but
not limited to, local or wide area networks, timesharing services,
multiple processing units, multiple site arrangements, service
or software rental bureaus, list servers, online services,
electronic bulletin boards or forums, World Wide Web sites
or any other server that is Internet-enabled, without written
authorization by REIC of LA.
If you
breach any provision of this Agreement, REIC of LA may immediately
terminate this Agreement and all licenses granted hereunder
without prior notice and in addition to any other available
rights and remedies.
6.
Limitations on Use
The following
activities are prohibited. You agree not to:
a. Use
Web-accelerated browsers or products (including but not limited
to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other
applications that are capable of copying large portions of
content from the Site. REIC of LA can detect the use of these
systems through live logfile analysis and will ban any future
use by offenders.
b. Use
robots and crawlers, or similar technology, without following
the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and
we will ban any offenders. If you are using a robot/crawler
to check realestateclubla.com links, it must operate according
to the robot guidelines (see above). Do not leave new robots
unattended and allow a minimum of 1 minute between automated
requests.
c. Use
any device, software or routine or the like to interfere or
attempt to interfere with any Site functionality;
d. Take
any action that imposes an unreasonable or disproportionately
large load on the Site infrastructure;
e. Use
any email addresses appearing on the Site for purposes not
relating specifically to the Site;
f. Access
the Site by any means other than through the interface that
is provided by REIC of LA, or attempt or access any area of
the Site to which your access is not authorized; or
g. Reverse
engineer, reverse assemble or otherwise attempt to discover
any source code relating the Site, except to the extent that
such activity is expressly permitted by applicable law notwithstanding
this limitation.
7.
Accuracy and Availability of Information
The Site
contains database information and other content compiled by
REIC of LA. While we use commercially reasonable efforts to
provide accurate information, REIC of LA gives no warranty
as to the accuracy of the database and other content on the
Site. REIC of LA reserves the right to withdraw or delete
information or content from the Site at any time.
8.
Links to Third Party Sites
REIC of
LA does not endorse the content on any third-party Web site,
including Web sites of REIC of LA's affiliates ("Third-Party
Sites"). REIC of LA is not responsible for the content
of Third-Party Sites that you reach through links on the Site,
sites framed within the Site, or third-party advertisements
on the Site, and we do not make any representations regarding
their content or accuracy. Your use of Third-Party Sites is
at your own risk and subject to the terms and conditions of
use for such sites. Any transaction that you conduct at a
Third-Party site will be between you and the party providing
that Web site. This means that REIC of LA is not your agent
and is not a party to any transaction at a Third-Party Site.
9.
Representations and Warranties
You represent
and warrant to REIC of LA that: (a) you possess the legal
right and ability to enter into this Agreement; (b) all information
submitted by you to the Site is true and accurate; (c) you
will be responsible for all use of your username and password
even if such use was conducted without your authority or permission;
(d) you are at least 18 years old; and (e) you will not use
the Site for any purpose that is unlawful or prohibited by
this Agreement.
10.
Disclaimer of Warranties
ALL CONTENT,
SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS
SITE BY REIC of LA AND ITS AFFILIATES ARE PROVIDED "AS
IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES
OF ANY KIND, AND REIC of LA AND ITS AFFILIATES HEREBY DISCLAIM
ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
REIC of LA DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING:
(a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY
OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND
ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE;
(d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF
THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT
WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE
SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET
ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
11.
Limitation of Damages
IN NO
EVENT WILL REIC of LA OR ANY OF ITS AFFILIATES BE LIABLE FOR
ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED
ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF
FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND
EVEN IF REIC of LA HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
12.
Limitation of Liability; Exclusive Remedy
ALSO,
IN NO EVENT WILL REIC of LA OR ANY OF ITS AFFILIATES BE LIABLE
TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL
DOLLAR AMOUNT ACTUALLY RECEIVED BY REIC of LA FROM YOU FOR
ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE
SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
13.
Indemnity
You agree
to indemnify and hold us harmless, and pay our attorney's
fees and costs, if we become liable for or incur any damages
in connection with your breach of this Agreement. You may
not settle any dispute without our prior consent, which may
only be given in a non-electronic writing signed by an authorized
representative of REIC of LA.
14.
Consent to Electronic Notices and Other Communications
You agree
that all of your transactions relating to the Site may, at
our option, be conducted electronically, including any that
we are otherwise required to provide in "writing".
For example, we may send you notice via postings at the Site
or via email to any email address that you provide to us during
registration as a Site member. If you do not wish to deal
with us electronically, you should not use the Site or enter
into this Agreement. If applicable law now or later requires
us to communicate with you non-electronically, we reserve
the right to charge a fee for doing so. Notice will be deemed
given 24 hours after the email is sent, unless (for email)
we are notified that the email address is invalid. Alternatively,
we may give you notice by mail to the address provided during
registration.
15.
Print a Copy for Your Records
You agree
to print or make an electronic copy of this Agreement (and
any amendment from time to time) and retain it in your records.
You also agree to make a copy of any other information that
we deliver to you in writing.
16.
Termination
REIC of
LA may terminate your subscription and/or access, or suspend
access to all or part of the Site, without notice, for any
conduct that REIC of LA, in its sole discretion, believes
is in violation of this Agreement, any applicable law, or
any act which is harmful to the interests of another user,
service provider, or REIC of LA. REIC of LA may also elect
not to renew your subscription and access by providing a notice
of nonrenewal prior to the end of your current subscription
term. Applicable sections of this agreement will survive any
termination or expiration of this Agreement.
17.
Assignment
You agree
not to assign your rights under this Agreement without the
consent of an authorized representative of REIC of LA in a
non-electronic record, and any assignment without REIC of
LA's consent will be voidable at REIC of LA's option. This
Agreement will inure to the benefit of and bind the parties'
respective successors and permitted assigns.
18.
Applicable Law and Disputes
This Agreement
is governed by the laws of the State of California, without
regard to principles of conflict of laws.
To the
extent you have in any manner violated or threatened to violate
REIC of LA and/or its affiliates' intellectual property rights,
REIC of LA and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State
of California, and you consent to exclusive jurisdiction and
venue in such courts.
Any other
disputes will be resolved as follows:
If a dispute
arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the
following location: Los Angeles County. Any costs and fees
other than attorney fees associated with the mediation will
be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: info@realestateclubla.com,
under the rules of the American Arbitration Association. Judgment
upon the award rendered by the arbitration may be entered
in any court with jurisdiction to do so.
19.
Amendments
REIC of
LA may change the provisions of this Agreement. When REIC
of LA changes the terms of this Agreement, REIC of LA will
notify you by email or online postings on this Site. The changes
will also appear in this document, which you can access any
time. You already agreed to be bound by the changes when you
first subscribed to the site. If you do not agree to be bound
by the changes, you should not use the Site again and you
should cancel your subscription to the Site. Even if you have
not clicked on the "I Agree" button or checked the
I agree box when subscribing, if you use the Site after you
have been notified of a change to this Agreement, you are
agreeing now to be bound by that change.
20.
Entire Agreement; Severability; No Waiver
This Agreement
(including all documents incorporated by reference) is the
entire agreement between the parties for its subject matter
and supercedes all prior and contemporaneous communications
between the parties. No term of this Agreement may be waived
by REIC of LA except in a signed, non-electronic writing signed
by an authorized representative of REIC of LA.
21.
General
If any
provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties agree that its remaining
provisions will remain in full force and effect, provided
that the allocation of risks described herein is given effect
to the fullest extent possible. Our failure to act with respect
to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. You agree
that no joint venture, partnership, employment or agency relationship
exists between you and REIC of LA or its affiliates as a result
of this Agreement or your use of the Site.
22.
Attorney Fees
In any
action, proceeding or arbitration between the parties arising
out of this Agreement, the prevailing party shall be entitled
to reasonable attorney fees and costs from the non-prevailing
party.
