THIS TERMS AND CONDITIONS OF USE AGREEMENT (“AGREEMENT”) IS ENTERED INTO BETWEEN ANY PERSON OR ENTITY THAT ACCESSES OR USES THE SITE IN ANY MANNER (“USER(S)” OR “YOU”) AND THE CALIFORNIA ASSOCIATION OF REALTORS®. BY ACCESSING THE SITE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. USE OF THE SITE OR ITS CONTENT (DEFINED BELOW) IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR ASSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING AND/OR USING THIS SITE IN ANY MANNER.
The following terms and conditions govern use of this Site:
1. Definitions. "C.A.R." shall mean the CALIFORNIA ASSOCIATION OF REALTORS®, its employees, officers, directors, and all other persons or entities affiliated with C.A.R. responsible for creating, maintaining, and publishing this Site. "C.A.R. Content" shall mean all template materials, software, and all materials therein, provided by C.A.R. and available through the Site, including but not limited to data, text, graphics, files, photos, software and video. “User Content” shall mean all materials, information and images provided by You to and through the Site, including but not limited to trademarks, copyrightable materials, advertisements, data, text, graphics, files, photos, and shall also include Your name, telephone number and other contact information made available to and through the Site and shall be deemed to include all User Content included in any Combined Content by User. “Combined Content” shall mean the video file and all related intellectual property resulting from the combination of C.A.R. Content and User Content. "Site" shall mean the Internet site located at the URL address www.realtorreelmaker.com. “Content” may refer to C.A.R. Content, User Content, Combined Content (as defined below) or any combination thereof as the context requires.
3. Restrictions on Use of Site and C.A.R. Content. Users shall not use this Site or the C.A.R. Content for any illegal or prohibited purpose, or in any manner that could damage, disable, overburden or impair the Site, C.A.R. Content or any of C.A.R.'s servers, or interfere with any other party's use of the Site or C.A.R. Content. Users shall not attempt to gain any unauthorized access to the Site or C.A.R. Content, through data or password mining, hacking, robots, spiders, other similar data gathering and extraction tools or any other means, whether automatic or manual, to monitor or copy the Site and/or C.A.R. Content or harvest or otherwise collect information about others, including e-mail addresses, without C.A.R.’s prior written permission. Users shall not attempt to obtain any C.A.R. Content not intentionally made available to them at this Site. Users shall not upload any files that contain Trojan horses, viruses, cancelbots, corrupted files, worms, or other programs or software that may damage or interrupt the websites, computers or software of C.A.R. or others.
4. Framing the Site. Framing the Site for any purpose without the express written consent of C.A.R. is strictly prohibited.
6. Updating of Site Content. C.A.R. does not make any representations or warranties regarding the accuracy of the Content, nor does C.A.R. make any commitment to update the Content. C.A.R. reserves the right in its sole discretion to add, remove or otherwise modify the Content and/or the Site at any time without notice. User agrees that User must evaluate, and that User bear all risks associated with, the use of the Site and the Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of any Content or other materials available through the Site.
7. License to User Content; Restrictions; C.A.R.'s Right to Remove User Content or Combined Content. User hereby grants to C.A.R. a worldwide, nonexclusive, transferable, sublicensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to User, to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform User Content in any media now known or hereafter developed for any purpose whatsoever including, but not limited to, hosting and displaying the User Content or Combined Content on the Site or any other website owned or operated by C.A.R. or any affiliated entity, use on social media platforms, or in advertising in conjunction with the promotion of C.A.R. or its affiliated entities, or any of their products or services. C.A.R. may exploit User Content and Combined Content howsoever it chooses in any and all markets and media now known or hereafter devised, throughout the world in perpetuity without additional notification, permission, approval or compensation. For all User Content uploaded by User, User represents and warrants that such User Content, and User’s provision thereof to and through the Site, complies with all applicable laws, rules and regulations and that the User Content will not violate any law or infringe on the rights of any third party, including, but not limited to, copyright, trademark, patent, privacy, appearance, or publicity rights. User further irrevocably waives any moral rights or other rights with respect to attribution of authorship or integrity of materials regarding User Content and Combined Content that User may have under any applicable law under any legal theory. If any third party has any rights (for example but not limited to copyrights, trademarks, or publicity rights) in the User Content (collectively, “Third Party IP”), User represents and warrants to C.A.R. that User has secured all rights necessary for User to grant the licenses in this Agreement. User hereby grants to C.A.R. a perpetual, irrevocable, royalty-free, nonexclusive, worldwide license, including the right to sublicense, to use such Third Party IP to the same extent as other User Content. This license includes the right to edit, amend, and make derivative works from User Content or Combined Content. For the avoidance of doubt, Third Party IP is included within User Content. User shall not post any User Content that (1) is defamatory, libelous, sexually explicit, obscene, inappropriate, indecent, or profane, or that is done with the intent to harass, stalk or threaten others; (2) contains material that promotes bigotry, racism, hatred or harm against any group or individual or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, age or any other protected status; (3) impersonates any other person or creates a false identity to mislead others; (4) disparages C.A.R. or any other person or entity affiliated with C.A.R. or the Site; or (5) contains any advertisements or solicitations without C.A.R.'s prior written consent. User shall not use User Content, Combined Content or the Site in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail or spamming. User Content must not contain any material that is illegal in any applicable jurisdiction, and C.A.R. reserves the right to forward any User Content or Combined Content containing illegal contents to the appropriate authorities. C.A.R. has the right to delete or modify any User Content and/or Combined Content that violates the provisions of this paragraph or at any time without notice. User agrees to and shall indemnify, defend and hold harmless C.A.R., its affiliated entities and their respective directors, officers, employees and agents from and against any and all claims, demands, causes of action, damages, costs and expenses (including without limitation attorneys' fees) arising out of or related to, directly or indirectly, the User Content uploaded by User. User hereby waives, releases and discharges any and all claims whatsoever against C.A.R. for its use of the User Content (including, but not limited to any alleged or actual infringement or misappropriation of any proprietary rights in any information contained in the User Content, including User Content included in Combined Content by User). All User Content uploaded to the Site or otherwise sent to C.A.R. will be treated as non-confidential and non-proprietary. C.A.R., in its sole discretion, reserves the right to review, edit or remove any User Content or Combined Content as well as the right to refuse to post any User Content or Combined Content. C.A.R. does not guarantee that it will review all User Content or Combined Content, nor does C.A.R. guarantee the accuracy, legality or reliability of any User Content or Combined Content, and under no circumstances will C.A.R. be responsible or liable for User Content or User Content included in Combined Content by User, and Users are advised to investigate and evaluate User Content and Combined Content prior to relying on any of them. Users understand that User Content and Combined Content may be accessible to and viewed by the general public, therefore Users should exercise caution before including any personally identifiable information in User Content and/or Combined Content.
8. Attribution; Release. When utilizing User Content and/or Combined Content in any manner, C.A.R. may, but is not required to, include any attribution or other reference to User, including without limitation User’s name, broker affiliation, CalBRE license number, or address or telephone number provided by User. User hereby grants to C.A.R. a perpetual, irrevocable, royalty-free, nonexclusive, worldwide license including the right to sublicense the use User’s rights of publicity in connection with the User Content and Combined Content for any purpose whatsoever. User also grants to C.A.R. a license to use User’s name to identify User’ as a user of the Site. You understand and agree that you will not be entitled to any compensation because of C.A.R.’s use of User Content or Combined Content, if any, or any rights of publicity in connection therewith. By submitting User Content, You consent to the use by C.A.R. and its licensees, successors, and assigns of Your user name, likeness, name, appearance, biographical material, and any other identifying information, including without limitation, any information contained in Your User Content, as used, edited, altered, fictionalized, or modified by C.A.R., in its sole discretion, in any and all markets and media, now known or hereafter devised, throughout the world in perpetuity, including, without limitation, in and in connection with C.A.R., the Site, or related sites or services, and in and in connection with any advertising, promotion, and publicity.
9. Products, Content and Specifications. All descriptions, images, references, features, content, specifications, products and services described or depicted on this Site are subject to change at any time without notice.
10. DISCLAIMER. THE CONTENT ON THE SITE IS PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, C.A.R. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. C.A.R. DOES NOT WARRANT OR GUARANTEE THE ACCURACY, AVAILABILITY, RELIABILITY, ACCESS TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE OR THE CONTENT.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL C.A.R. BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, CONTENT, DATA OR PROGRAMS ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THIS SITE.
12. Modification of Agreement. With the exception of the arbitration provisions detailed Section 16 of this Agreement, C.A.R. reserves the right, in its sole discretion, to modify or revise this Agreement at any time without giving notice. Your continued use of the Site after such changes will indicate Your acceptance of such changes.
13. Suspension or Termination of Access. C.A.R. reserves the right, in its sole discretion, to suspend or terminate User's access to the Site for any reason without notice, including but not limited to, User's breach of this Agreement.
14. Indemnification. User agrees to defend, indemnify and hold harmless C.A.R. from all actions, liabilities, losses, claims, damages, costs, and expenses including but not limited to reasonable attorney's fees, arising out of or related to the User's violation of any term of this Agreement or alleged illegal use of this Site.
15. Reservation of Rights. All rights not expressly granted or addressed herein are reserved by C.A.R.
16. Arbitration; Choice of Law; Jurisdiction and Venue; Class Action Waiver. You agree to timely notify C.A.R. and mediate all disputes and claims regarding this Agreement. Any dispute, claim or controversy arising out of or relating to this Agreement that is not settled through mediation shall be decided by a confidential, individual, binding arbitration in Los Angeles, California before a single Arbitrator at the JAMS office, administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules which are available at www.jamsadr.com or www.car.org/legal/calarbrules/. Each party shall bear his or her own attorney fees and costs, except that the Arbitrator may award a party attorney fees or costs if such an award is authorized by an applicable law or contract. The aggrieved party must file and give written notice of any claim to the other party no later than the expiration of the statute of limitations (deadline for filing) that the law prescribes for the claim; otherwise the claim shall be void and deemed waived. The Arbitrator shall apply the substantive law of the applicable state, or federal law, or both, as applicable to the claim(s) asserted, and is authorized to award any remedy allowed by applicable law. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between You and C.A.R. alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. This class action waiver is an essential and material term to this Agreement and shall supersede any contrary agreements, statements or rules in the JAMS Rules. Judgment on the Award may be entered in any court having jurisdiction. Nothing in this Section 17 shall preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You represent and warrant that You understand the meaning and effect of this arbitration and waiver agreement in Section 17 of this Agreement and that you have been provided reasonable time and opportunity to consult with legal counsel regarding this Agreement to arbitrate. This Agreement to Arbitrate shall be governed by the Federal Arbitration Act, 9 US.C. § 1 et seq.
17. Ownership of Site and Content. All right, title and interest in and to the Site and C.A.R. Content, including C.A.R. Content contained in any Combined Content, belong solely and exclusively to C.A.R. The Site, and the C.A.R. Content and the Combined Content are protected by applicable federal, state and local laws, including but not limited to copyright and trademark laws. The text, graphics, and their selection and arrangement of the Site and C.A.R. Content are the copyrighted works of C.A.R. and/or its licensors, as applicable. All rights are reserved.
18. Notice for California Residents. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: if a User has a question or complaint regarding the Site, please send an e-mail to email@example.com. Users may also contact C.A.R. by writing to 525 S. Virgil Ave, Los Angeles, CA 90020, or by calling C.A.R. at (213) 739-8200. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. 512. If You believe in good faith that any Content on the Site infringes Your rights under U.S. Copyright Law, You may send a notice to C.A.R. pursuant to The Digital Millennium Copyright Act of 1998, 17 U.S.C. 512, (“DMCA”) requesting that C.A.R. either remove or disable access to the infringing material. See www.copyright.gov for proper notice requirements. Please mail Your notification to our designated agent at: DMCA Notification/Attention: Assistant General Counsel, 525 South Virgil Avenue, Los Angeles, California 90020, email Your notice to firstname.lastname@example.org, or fax Your notification to our designated agent at (213) 480-7724.
20. Miscellaneous. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, then such provision shall be deemed severable from the remainder of this Agreement, and the remaining provisions shall continue in full force and effect. You may not assign, transfer or sublicense any or all of Your rights or obligations under this Agreement, in whole or in part, without C.A.R.’s express prior written consent. C.A.R. may assign, transfer or sublicense any or all of its rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any heading, caption or section title contained herein is included for convenience of reference only and will not be construed to define or limit any of the provisions contained herein. This Agreement, together with all policies referred to herein, is the entire agreement between You and C.A.R. relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral representations, agreements or understandings between You and C.A.R. relating to such subject matter.
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