Clarus Resource Terms of Use

Clarus™ Resource Suite
Website Terms and Conditions of Use

Effective: February 1, 2008
Welcome to the Clarus™ Resource Suite We hope you enjoy your visit, and that you find products, services and information that are valuable and interesting to you. Before you begin using this website, please read the website terms and conditions of use, outlined below. You must agree to the terms and conditions of use before using our website, whether as a registered user or guest. Users should check these terms and conditions of use periodically. By using the website after we post changes to these terms and conditions of use, you agree to be bound by those changes.

WEBSITE TERMS AND CONDITIONS OF USE

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEBSITE. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY, AS YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND AS SUCH CREATES A BINDING CONTRACT BETWEEN YOU AND REAL ESTATE BUSINESS SERVICES, INC. ("REBS") THE OWNER OR DISTRIBUTOR OF THE CLARUSTM SUITE OF PRODUCTS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE.

REBS DOES NOT (A) REPRESENT OR ASSIST INDIVIDUALS OR ENTITIES IN PURCHASING, SELLING OR LEASING REAL ESTATE; (B) MAKE, SOLICIT, NEGOTIATE ON BEHALF OF OR ASSIST INDIVIDUALS OR ENTITIES IN OBTAINING LOANS TO PURCHASE REAL ESTATE; OR (C) PROVIDE LEGAL REPRESENTATION OR ADVICE IN CONNECTION WITH REAL ESTATE TRANSACTIONS. INDIVIDUALS AND ENTITIES SEEKING THESE TYPES OF SERVICES SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Definitions. "Agreement" shall mean this Website Terms and Conditions of Use agreement. "Content" shall mean all documents, materials and images on this Site, including but not limited to data, text, graphics, files, photos, software, audio, video, trademarks and copyrightable materials, excluding Submissions (as defined below). "Site" shall mean the Clarustm Resource Suite website. "We," "us" and "our" shall mean REBS.

Personal and Non-Commercial Use; Printing Site Content. You may access and use the Site and its Content for your personal and non-commercial use only. Unless specifically prohibited, articles, news stories, press releases, FAQs and other reading materials may be printed for your personal and non-commercial use only.

Limitations on Site and Content Use. The Content on this Site may not be copied, reproduced, displayed, modified, used to create derivative works from, sold, licensed, distributed, published, or otherwise exploited without our prior written consent. The Content and the Site may not be used for any illegal or prohibited purpose. You agree that you will not upload any time bombs, Trojan horses, viruses, corrupted files, worms or other files or software, and you will not use the Site or the Content in any manner that may damage, disable, overburden or interrupt the Site, Content, or any other computers or software. You agree that you will not attempt to obtain any Content or gain access to any area of the Site that is not intentionally made available to you, whether through password mining, hacking or any other means, and that you will not engage in "screen" or "database" scraping, data mining, harvesting or any other unauthorized or illegal means of data gathering or extraction. HTML Meta tags or "hidden text" using our business names or trademarks may not be used without our prior written permission.

Product and Service Information. The products and services offered on the Site may also offered by local boards/associations of REALTORS® throughout the state, however, prices and availability may vary. Prices shown on the Site apply to the products and services on the Site and may change at any time without notice. If you are visiting this Site via a link from your local board/association of REALTORS®, you are supporting your local board/association with your purchases. All online prices are consistent on this Site, whether accessed through a local board/association website or directly through the Site. The only price variance that might exist is when local boards/associations are also resellers and carry physical stock at their location. Boards/associations featuring REALTOR® products via their local store may periodically discount or promote merchandise that might not otherwise be reflected on this Site product mall, or visa versa. We attempt to display all products shown on the Site in an accurate manner; however, because of the technical differences in the equipment of users, we cannot be responsible for photographic differences in size, shape and color of the products.

The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.

Shipping, Returns and Back Orders. REBS will process all orders in a timely and efficient manner. If for some reason your order has been delayed, contact REBS customer service line at outside California or in California call . REBS customer service staff will then track your order and notify you of the status. REBS is not responsible for products lost or destroyed in transit, but REBS will work with the courier to assist in the recovery of the merchandise when possible. If the product cannot be recovered, as a courtesy REBS may at its discretion replace the product at no additional cost to the customer unless product is a discontinued item, in which case no replacement product will be provided.
All sales from the Site are final. If you need to return a defective product, please contact REBS customer service at outside California or in California call for a return product authorization code and instructions on how to return your product for a replacement, credit or refund in accordance with REBS’ Return Policy. REBS makes every attempt to keep all products in stock; however, we occasionally experience a shortage of products in stock, known as a backorder. If a product is in back order, you will be notified at the point of purchase and given the option of continuing with your purchase waiting and for the product to be restocked, or returning to the Site at a later date to see if the product is back in stock. Merchandise that was backordered is filled immediately upon REBS’ receipt of the product. Please review REBS’ Return Policy for more information.

Contests/Promotions/Discounts. This Site may periodically feature contests, promotions, and product discounts. REBS reserves the right to limit and restrict promotional efforts at REBS’ discretion.

Third Party Goods and Services. Products and services offered by third parties may be made available to you on the Site. You understand and agree that, unless expressly indicated otherwise, (a) we do not endorse, approve or sponsor such third party or its goods and services; (b) we are not responsible for and do not warrant or guarantee the availability, quality, completeness or reliability of such third party goods and services; and (c) we are not responsible or liable for the performance or non-performance of any transaction between you and such third parties in connection with their goods or services. Should a dispute arise between you and a third party in connection with its goods and services made available to you on this Site, you hereby release REBS, its parent, affiliates, and its and their directors, officers, employees, agents and licensees from any claims, actions, liabilities, loss, costs, damages, or expenses of every kind and nature, whether known or unknown, in connection with such dispute.

Linking to and Framing this Site; Links to Third Party Sites; Accuracy of Content on Third Party Sites. Links to or "framing" any Content, the Site or any webpage in the Site requires our prior written permission. Additionally, this Site may contain links to other sites owned and/or operated by third parties. We are not responsible for the availability of any third party site or its content, and we do not warrant or guarantee the accuracy of any content contained on a third party site. You should review the terms and conditions of use and the privacy policies of the third party site, if any, before using that site.

Advertisers. Advertisement "banners" and other forms of advertising may exist on the Site. However, we are not responsible for the claims or representations made by any advertiser on the Site nor are we responsible for the products and services of advertisers on the Site. Furthermore, mere presence of an advertiser on the Site does not constitute our endorsement, approval, or sponsorship of any advertiser in any respect unless expressly indicated otherwise.

Forums; Submissions. From time to time a discussion forum, bulletin board, news group, chat area, community, or other feature or service designed so that Site users may communicate with others ("Forum") may be made available to you on this Site. While we appreciate the value of open communication and the free exchange of ideas and opinions, we do not actively review, monitor, control, screen or edit any text, images, files, or other materials that may be uploaded or posted in any Forum ("Submissions"), nor do we guarantee the accuracy, legality or reliability of any Submissions. As such, under no circumstances will we be responsible or liable for any Submissions, and you are advised to investigate and evaluate Submissions prior to relying on any of them. You understand that your Submissions may be accessible to and viewed by the general public, therefore you should exercise caution before including information, especially any personally identifiable information such as your name, address, social security number or credit card number, in a Submission.

You represent and warrant that you have the legal right and/or have obtained all licenses and permissions necessary to post your Submission, and that your Submission does not and will not violate any law, rule or regulation, or infringe on the rights of any third party, including but not limited to copyright, trademark, patent, privacy or publicity rights. You agree not to post any Submission that is defamatory, harmful, tortuous, libelous, sexually explicit, obscene, inappropriate, indecent, profane or misleading, or that is done with the intent to harass, stalk or threaten others. You agree not to use Submissions or the Forum in connection with surveys, contests, pyramid schemes, chain letters, political campaigning, "spamming" or unsolicited e-mails, commercial or otherwise. Your Submissions may not contain any advertisements or solicitations without our prior written consent. We reserve the right to limit or terminate access to Forums at any time for any reason without notice.

By posting a Submission, you grant us the right, at our sole discretion, to use, copy, reproduce, modify, distribute, transmit, sublicense, publish and display your Submission at any time without consideration, and you represent and warrant that you have the legal right to grant us the rights in this section. We reserve the right to modify or delete any Submission at any time without notice. You agree that you will not impersonate any other person when posting a Submission or create a false identity to mislead others.

You agree that we have no liability whatsoever for any Submission you may post, and you agree to indemnify, defend and hold REBS, its parent, affiliate and its and their directors, officers, employees, agents and licensees harmless from any claims, actions, liabilities, loss, costs, damages, or expenses, including reasonable attorney's fees, that may arise directly or indirectly from your Submissions.

A Forum may have rules particular to that Forum, and you agree to abide by those particular rules when you participate in that Forum.

Additional Terms of Use. Certain web pages, Content or services within the Site may have additional terms and conditions that govern the access to and use of those particular web pages, Content and services. You agree to be bound by such additional terms and conditions in connection with your access to and use of those web pages, Content or services. Should there be a conflict between the additional terms and conditions and this Agreement, the additional terms and conditions shall control.

Accurate Information. In order for you to access certain areas of or to use certain services within the Site, you may be required to provide information. Should you choose to access such areas or use such services, you agree to provide accurate, truthful and complete information, and to refrain from making any misrepresentations or impersonating any person or entity when providing such information.

Confidentiality of Account; Truthful Information. Should you be assigned an account or password in connection with any services we offer at the Site, you are responsible for maintaining the confidentiality of your account and password and all activities that occur under your account or password. You are entirely responsible and liable for all activities conducted under your account and password. In addition to the guidelines listed above, below are some, though not all, violations that may result in the termination of your access. By using the Site, you are agreeing to the following rules of conduct as well as the guidelines set forth above. You agree not to do any of the following actions while using the Site:
(1) intentionally misrepresent your membership or association status for the sake of receiving discounts. If your membership cannot be verified upon registration, you will be charged a non-member fee and REBS has the right to revoke your registration on the Site;
(2) transmit via or through the Site any information, data, text, files, links, software, communication or other materials that is or which REBS considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable;
(3) attempt to transmit any "virus", "Trojan horse" or other software destruction or disruption device;
(4) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner;
(5) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; and
(6) infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.

You agree to provide truthful and accurate information when using the services we provide on this Site. In the event you provide false or misleading information, we reserve the right to cease providing any services to you, to terminate your account, and to terminate your access to the Site.

DISCLAIMER. THE CONTENT AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES CONCERNING THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETELESS, TIMELINESS OR SUITABILITY OF THE CONTENT OR THE SITE. WE DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE SITE AND THE CONTENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR GUARANTEE ACCESS TO OR UNINTERRUPTED AND ERROR-FREE OPERATION OF THE SITE OR THE CONTENT.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REBS, ITS PARENT, AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSEES BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, OR LOSS OF OR DAMAGE TO DATA, PROGRAMS OR PROPERTY ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR MATERIALS DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO THE CONTENT. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).

Ownership of Content; Copyright and Trademark. All right, title and interest in the Content belongs solely and exclusively to REBS, or the Content may be licensed to REBS by a third party. The Content is protected by applicable federal, state and local laws, including but not limited to copyright and trademark laws, and any unauthorized use is expressly prohibited. All rights in the Content are expressly reserved.

Privacy. REBS is concerned about your privacy. Please review the REBS Privacy Policy on this Site for more information.
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Limitation, Suspension or Termination of Access and Use. We reserve the right, in our sole discretion, to limit, suspend or terminate your access to and use of the Site at any time for any reason without notice, including but not limited to, your breach of this Agreement.

General. This Agreement constitutes the entire agreement between you and us and supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic. No partnership, joint venture, or agency relationship between you and us exists as a result of this Agreement. If any part of this Agreement is found to be illegal or unenforceable, the remainder shall continue in full force and effect.

Choice of Law; Jurisdiction and Venue. This Agreement shall be governed in accordance with the laws of the State of California. In the event a dispute arises in connection with this Agreement or use of the Site, such dispute shall be submitted to a state or federal court with appropriate jurisdiction located in the City and County of Los Angeles, California, U.S.A.

Jurisdiction. REBS operates the Site from its offices within the United States. REBS makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations.

Indemnification. You agree to defend, indemnify and hold REBS, its parent, affiliates and its and their directors, officers, employees, agents and licensees harmless from all claims, actions, damages, liabilities, loss, costs and expenses, including but not limited to reasonable attorney's fees, resulting from your violation of any term of this Agreement or illegal use of this Site. You agree to cooperate as fully as reasonably required in the defense of any claim. REBS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Survival. In the event this Agreement is terminated for any reason, the obligations regarding Content on the Site, and the ownership of Content, representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by REBS, your sole remedy is to terminate this Agreement.

Discrimination; Legal Age. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. No person under the age of 18 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older and professionally affiliated with the real estate industry.

Reservation of Rights. We reserve all rights not expressly granted or addressed herein.

Procedure for Notice of Copyright Infringement Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512. If you wish to notify us of Content or Submissions on this Site that may result in copyright infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512, please mail your notification to our designated agent at: DMCA Notification/Attention: General Counsel, Real Estate Business Services, Inc., 525 South Virgil Avenue, Los Angeles, California 90020, or fax your notification to our designated agent at .

Accuracy and Updating of Site Content. REBS takes reasonable steps to maintain the accuracy and update the Content on the Site. However, REBS does not warrant the accuracy nor make any commitment to update the Content.

Modification of Agreement, Site and Content. We reserve the right, in our sole discretion, to modify or revise this Agreement in whole or in part, at any time without giving notice, and such modification or revision shall become effective upon posting to the Site. You agree to be bound by any modification or revision of this Agreement upon posting. The most current version of the Agreement can be reviewed by clicking on the "terms of use" link located at the bottom of the home page of this Site. We reserve the right in our sole discretion to add, remove or modify the Site or any Content on this Site without notice.

Comments, Complaints, Questions. Our goal at REBS is to provide users with a positive shopping experience. If you have comments, complaints, or questions regarding the use of this site, the content, products, or technology as it relates to this site, please forward your concerns or inquiries to Product Mall Contact. All contacts will be responded to as quickly as possible. Should you have any questions or comments, please don't hesitate to contact us at: Real Estate Business Services, Inc. 525 South Virgil Avenue, Los Angeles, California 90020.