|This is a legal contract between you, the (MEMBER), and (REAL ESTATE PROS), so read it carefully. REAL ESTATE PROS is willing to establish and/or maintain a relationship with you, the MEMBER, only on the condition that you, the MEMBER, accept this contract. THESE TERMS AND CONDITIONS ("TAC") ESTABLISH THE OBLIGATIONS, PROMISES, AND TERMS TO WHICH YOU, THE MEMBER, AGREE AND ARE BOUND. BY COMPLETING THE SIGN UP FORMS FOR REAL ESTATE PROS OR USING THE REAL ESTATE PROS SITE OR BECOMING A REAL ESTATE PROS MEMBER YOU, THE MEMBER, ACCEPTS ALL ASPECTS OF THE "TAC". EACH TIME YOU, THE MEMBER, ACCESS OR USE THE REAL ESTATE PROS WEB SITE OR REQUEST OR ACCEPT ANY INFORMATION, GOODS, SERVICES, PRODUCTS, OR CONTENT FROM REAL ESTATE PROS, YOU THE MEMBER, UNDERSTAND AND AGREE THAT YOU, THE MEMBER, ARE ACCEPTING, AFFIRMING OR RE-AFFIRMING THE THEN EXISTING "TAC". EXCEPT AS OTHERWISE PROVIDED HEREIN, THE "TAC" APPLIES TO EVERY MEMBER. If you, the MEMBER, have any questions please click here to send an email message and we will reply with an answer.
- SCOPE OF SERVICES: REAL ESTATE PROS is an independent communications venue that allows Real Estate Professionals to market their services through the use of the REAL ESTATE PROS search engine and member directory. In using the REAL ESTATE PROS web site, the consumer can either visit the MEMBERS web site* through either the REAL ESTATE PROS search engine or member directory, or through the use of MEMBER profile pages which REAL ESTATE PROS markets to all of the major search engines. A consumer may also e-mail, phone, or write a MEMBER through the same said process to request further information for each MEMBER they wish to contact or do business with.
The information, content, goods, products and services available from REAL ESTATE PROS are continuously reviewed and enhanced for the benefit of REAL ESTATE PROS MEMBERS.
Although REAL ESTATE PROS has many agents or brokers that may be members of the National Association of REALTORS® ("NAR"), REAL ESTATE PROS is not affiliated with, sponsored, or endorsed by, the NAR . The names of other companies or associations, and their respective products and services, may be the trademarks of their respective owners. Use of such other trade and service marks is for identification and informational purposes only.
Links to other Internet sites that are not maintained by REAL ESTATE PROS are provided solely for your convenience and information. REAL ESTATE PROS makes no warranties or representations about the contents of or any products or services offered in such third-party sites and recommends that you read the privacy and security policies of those sites. REAL ESTATE PROS, realestatepros.org, the REAL ESTATE PROS logo, and the names of other products and services are trade and service marks of REAL ESTATE PROS LLC and are protected under federal and international laws.
- MEMBER RESPONSIBILITY: Each MEMBER agrees to be solely responsible for the MEMBER'S own information, and understands, accepts and/or provides advance consent to the full extent necessary to allow REAL ESTATE PROS to act as a conduit of said Information without incurring liability of any kind or nature. Not withstanding the foregoing, information: (a) shall not infringe REAL ESTATE PROS or any third party's contract, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination or advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing or include threats, hate speech, vulgarity, obscenity, pornography, adult or otherwise inappropriate material; (d) shall not contain any viruses, trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (e) shall not promote information, good, content, service or any product that you do not have a right to link to or include. Furthermore, a MEMBER may not post on REAL ESTATE PROS website or offer through our REAL ESTATE PROS affiliates any: (f) information, good, content, service or product that could cause REAL ESTATE PROS to interfere with any contract or rights of any person or violate any applicable law, statute, ordinance or regulation or otherwise incur liability of any type or nature, or (g) any information, good, content, service or other product that you are not legally or contractually permitted to perform, provide or promote under applicable laws or regulations, or any impermissible activity, including practices or promotions that might or do compete with REAL ESTATE PROS now or in the future. To the full extent necessary to enable REAL ESTATE PROS to access or otherwise use Information without liability, the submitting MEMBER grants REAL ESTATE PROS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right (or waiver) to exercise the copyright, publicity or any other rights that exist anywhere in the world in or with respect to the Information, in any media now known or not currently known. This provision does not entitle REAL ESTATE PROS to any ownership or exclusivity rights to the information but shall be deemed to allow REAL ESTATE PROS to freely use, modify and exploit the Information for REAL ESTATE PROS own business purposes and/or profit.
- PAYMENT TERMS: Credit card transactions require an acceptable and currently working credit card number. If the credit card expires or otherwise declines payment, the MEMBER'S listing in the REAL ESTATE PROS search engine can be modified or suspended and the MEMBER shall revert back to a referral status. All fees are quoted and payable in United States dollars.
Your exact billing address and name on your credit card must be provided to properly process payments. REAL ESTATE PROS accepts major credit cards including Visa, Master Card and American Express. REAL ESTATE PROS will also accept bank drafts including personal checks, money orders, cashiers checks, and company checks. However, for non-credit card payment methods REAL ESTATE PROS may not credit the applicable membership account until additional procedures are completed and after the bank certifies receipt of funds - typically ten (10) business days. REAL ESTATE PROS 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.
A MEMBER may always contact REAL ESTATE PROS customer service by e-mail or telephone concerning charges or other questions regarding the status of a membership account. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending e-mail, and in no event later than ninety (90) days after a questionable billing or other discrepancy should have been discovered, the MEMBER must write to the Customer Service Department, REAL ESTATE PROS - 2625 E. Rose Garden Lane - Phoenix, AZ 85050 delivered by United States mail or by fax to 602-953-6001. Failure to write within these time frames waives the right to question charges.
Real Estate Pros Fee Plan:
|NO MONTHLY FEE
referral status only**
1st Month Free
$7.95 per month
One time $5 set-up fee.
1st Month Free
$14.95 per month
One time $5 set-up fee
1st Month Free
$19.95 per month
One time $5 set-up fee
For ease of administration and to ensure all MEMBERS are kept satisfied, all SILVER, GOLD, AND PLATINUM membership fees will be automatically billed against the MEMBER'S credit card number, which has been provided on the membership form. Unless REAL ESTATE PROS is notified in writing or via E-Mail at least (5) days prior to the scheduled billing period, automatic renewal will occur on a monthly basis after the one month FREE TRIAL period has expired. The cost of renewal will not exceed the subscription cost at the time of the MEMBER'S initial
subscription. Cost of renewal will not be affected by any increase in this site's subscription rates.
- TERMINATION OF MEMBERSHIP: Membership participation may be canceled or terminated at any time in accordance with these TAC. However, no portion of any outstanding charges owed to REAL ESTATE PROS of any kind, including applicable subscription fees, are refundable by REAL ESTATE PROS and no outstanding fees will be waived or become negotiable. The MEMBERS will remain liable for any charges or other monetary obligations incurred pursuant to these TAC before cancellation or termination of membership. A MEMBER may cancel by delivering a written notice at least five (5) days prior to the monthly membership renewal charge date requesting cancellation by e-mailing or by writing Customer Service Department - REAL ESTATE PROS - 14300 N Northsight Blvd #101 - Scottsdale, AZ 85260 by United States mail or by sending us an e-mail. Without limiting any other remedies, REAL ESTATE PROS may issue a warning, temporarily suspend, indefinitely suspend or terminate MEMBER'S Membership and/or delete any of MEMBER'S listings, profiles, and any other information placed on the site if, in REAL ESTATE PROS sole discretion:
a) The MEMBER engages in any fraudulent activity in connection with the REAL ESTATE PROS website, or REAL ESTATE PROS suspects such activity; or
b) REAL ESTATE PROS is unable to verify or authenticate any Information provided to us by the MEMBER; or
c) The Member breaches the TAC in any manner; or
d) It is necessary to protect REAL ESTATE PROS interests.
- DISCONTINUATION OF SERVICE: REAL ESTATE PROS reserves the right to modify or discontinue service or any portion thereof, or the offering of any information, good, content, product or service with or without notice to any MEMBER. REAL ESTATE PROS shall not be liable to any MEMBER or any third party should REAL ESTATE PROS exercise its right to modify or discontinue service.
- NO RESALE OF SERVICES: REAL ESTATE PROS is protected by U.S. and international laws related to intellectual property. REAL ESTATE PROS, REAL ESTATE PROS.ORG, the REAL ESTATE PROS logo, and the names of other products and services are trade and service marks of REAL ESTATE PROS.ORG, LLC, and are protected under federal and international laws. Each Member agrees not to resell, reproduce, modify, display, transmit, distribute or copy goods, content, products, services or information obtained from REAL ESTATE PROS nor exploit membership or association with REAL ESTATE PROS for a commercial or advertising purpose without the express written permission of a corporate officer of REAL ESTATE PROS.
For the limited purpose of promoting REAL ESTATE PROS or identifying oneself as a REAL ESTATE PROS participating MEMBER, REAL ESTATE PROS may allow a MEMBER to link to REAL ESTATE PROS and use REAL ESTATE PROS logo, provided the appropriate trademark and copyright notices are used, as REAL ESTATE PROS may instruct. Permissions requests should be directed to REAL ESTATE PROS by e-mail. A MEMBER may not otherwise copy, distribute or create derivative works without express REAL ESTATE PROS permission.
- WEBSITE LINKS: REAL ESTATE PROS may display URLs or icons that allow MEMBERS to link to other websites, including, without limitation, sites operated by other MEMBERS or their affiliates. Any content, representations or warranties made on such other websites are the sole responsibility of the operator of the site, and REAL ESTATE PROS assumes no liability, obligation, or responsibility for such content, representations, or warranties of any kind, whether express or implied.
REAL ESTATE PROS is committed to providing an online environment that is secure and private for our MEMBERS. To help ensure the security of all data transmissions -- including account viewing, submitting profiles and billing information -- we employ leading edge encryption technology and passwords selected by our MEMBERS. A high level of security and privacy protection is in place when you visit the REAL ESTATE PROS MEMBERS section.
REAL ESTATE PROS understands that the privacy and security of your profile information and information that personally identifies you are important to you. Our employees are responsible for adhering to confidentiality standards that are designed to protect our customer's personal information.
Below is important information related to the protection and confidentiality of your personal and account information. If you have any questions, please feel free to email by clicking here.
Your username and password should never be shared with anyone and should be changed frequently. In certain cases, we may use your personal or account information to service your account to improve our services to you, to allow you direct access to non-public areas of your account, to provide new products and information that you have requested, and to inform you of additional products or services that may be of interest to you. We use proven encryption methods to transmit account information across the Internet to non-public areas of REALESTATEPROS.ORG. We restrict access to non-public areas of REALESTATEPROS.ORG by using a login process rather than cookies or less secure means. Any related account and personal information maintained by REAL ESTATE PROS is done so to fulfill our legal and regulatory requirements and to provide you with the products and services you have requested.
E-mail is an important communication channel for our MEMBERS. On occasion, we may use your e-mail address to send you communications with information about service and product information that we believe may be of interest to you. If you do not want to receive such unsolicited communications from REALESTATEPROS.ORG, simply contact us by clicking here.
In the course of serving advertisements to this site or in connection with certain e-mails or other forms of advertisements, our third-party advertisers may place or recognize a unique "cookie" on your browser. These companies may use information about your visits to this and other web sites in order to provide advertisements about goods and services of interest to you. Unless otherwise notified, they do not use names, addresses, email addresses or telephone numbers, and do not link online actions to an identifiable person. If you would like more information about how to turn off the cookie feature on your browser, please review the security section of your browser?s help guide.
- INDEMNIFICATION Each MEMBER agrees to indemnify and hold REAL ESTATE PROS and its successors, representatives, principals, officers, directors, shareholders, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of the use of the REAL ESTATE PROS service, any information, good, content, product or service provided by REAL ESTATE PROS, or any violation of these TAC or any other policy of REAL ESTATE PROS, or any infringement of any intellectual property or other personal or proprietary right of any person, by you, the MEMBER, or any other person using your MEMBER name and password.
- DISCLAIMER AND WARRANTY: REAL ESTATE PROS AND REAL ESTATE PROS SUPPLIERS PROVIDE INFORMATION, CONTENT, PRODUCTS, GOODS, OR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. REAL ESTATE PROS AND REAL ESTATE PROS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply. Should REAL ESTATE PROS exclusion and limitation of liability not apply, each MEMBER understands and agrees that REAL ESTATE PROS and REAL ESTATE PROS suppliers provide information, content, products, goods, or services "as is" and without any warranty or condition, express or implied, to the fullest extent permitted by applicable law. This warranty gives specific legal rights and other legal rights may exist that vary from state to state. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A MEMBER FROM OR THROUGH REAL ESTATE PROS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE BY THESE TAC.
Authentication on the internet is difficult, and although REAL ESTATE PROS makes every effort to confirm identity of each MEMBER, we however, cannot and do not confirm that each and every MEMBER are who they claim to be. REAL ESTATE PROS acts as a communications and marketing venue, and is not responsible for MEMBERS information they may submit to us. Specifically, without in any way limiting any other provision of these TAC, REAL ESTATE PROS does not control, warrant, or guarantee the quality, safety or legality of the subjects of advertising, the truth or accuracy of the information posted on website(s). REAL ESTATE PROS does not control, warrant, or guarantee that MEMBERS will receive any particular number of e-mail notifications, traffic, and/or referrals from the REAL ESTATE PROS web site or its affiliates. REAL ESTATE PROS does not control, warrant, or guarantee that any MEMBER is who he or she claims to be or is not acting under false pretenses. If you, the MEMBER, have any concerns about another MEMBER'S identity or display of accurate information, please click here to notify us. Consumers may contact the regulatory agencies in their state or local associations to verify license, status, credibility, or affiliation of any REAL ESTATE PROS MEMBER.
Each MEMBER consents to REAL ESTATE PROS use of such MEMBER'S personal or account information and/or e-mail address to service such MEMBER'S account to improve our services to such MEMBER, and to allow such MEMBER direct access to MEMBER'S personal account, and to provide new products or information that such MEMBER has requested, and to inform such MEMBER of additional products or services that may be of interest to such MEMBER, by e-mail, newsletters, direct mail, advertisements, or other means.
Some information available on or through REAL ESTATE PROS may have been obtained from third party sources and has not been verified by REAL ESTATE PROS. Information supplied by MEMBERS could be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Although we may, at our sole discretion, take actions to verify accuracy of information presented by MEMBERS of the site, such actions do not affect our rights or obligations under this Agreement. We expect that every MEMBER will use caution -- and common sense -- when using the REAL ESTATE PROS web site. REAL ESTATE PROS does not guarantee continuous, uninterrupted or secure access to REAL ESTATE PROS information, content, products, goods, or services, and operation of REAL ESTATE PROS may be interfered with by numerous factors outside of REAL ESTATE PROSS control.
REAL ESTATE PROS is not licensed to practice law. Each MEMBERS is therefore advised to contact an attorney licensed to practice in his or her community whenever legal assistance is appropriate. Each MEMBER understands and accepts the responsibility to do so without further guidance from REAL ESTATE PROS.
- LIMIT ON LIABILITY: IN NO EVENT SHALL REAL ESTATE PROS OR REAL ESTATE PRO'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. REAL ESTATE PRO'S LIABILITY, AND THE LIABILITY OF REAL ESTATE PRO'S SUPPLIERS, TO YOU, THE MEMBER, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU, THE Member, PAY TO REAL ESTATE PROS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100, whichever is less. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
- GENERAL COMPLIANCE WITH LAWS: Each Member agrees to comply with all applicable laws, statutes, ordinances, and regulations in their respective states or domiciles.
- NO AGENCY: REAL ESTATE PROS is completely independent from you and every MEMBER. You and REAL ESTATE PROS agree REAL ESTATE PROS is not engaged in any agency, partnership, joint venture, employee-employer, franchisor-franchisee or other type of relationship with you or other MEMBERS and no such relationship(s) are intended nor created by this agreement.
- NOTICES: Except as expressly stated otherwise, any notices shall be transmitted by E-Mail to Real Estate Pros (in the case of notices sent to REAL ESTATE PROS) or to the e-mail address you, the MEMBER, provide to REAL ESTATE PROS during the registration process (in your case). Failure to maintain a current and working e-mail address in your REAL ESTATE PROS membership account constitutes a waiver of your right to automatically receive this information through any other means, electronic or otherwise. Notice shall be deemed given 24 hours after e-mail is sent. Alternatively, REAL ESTATE PROS may give you, the MEMBER, notice through posting modified TAC or by sending certified mail, postage prepaid and return receipt requested, to the address provided to REAL ESTATE PROS during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
- CHANGES: REAL ESTATE PROS may amend the TAC at any time by posting amended TAC. By continuing to use the REAL ESTATE PROS service you, the MEMBER, agree that the amendments are immediately effective unless otherwise provided for in these TAC or applicable law. This agreement may not be otherwise amended except in a detailed writing between REAL ESTATE PROS and you, the MEMBER.
- GENERAL: The TAC shall be governed in all respects by the laws of the State of Arizona as such laws are applied to agreements entered into and to be performed entirely within Arizona between Arizona residents without giving effect to Arizona conflict of laws provisions or those of your actual state or country of residence. Both parties submit to jurisdiction in Arizona and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Maricopa County, Arizona. Should any part of the TAC be held invalid or unenforceable as written, that portion shall be reformed and/or construed consistent with applicable law as nearly as possible to reflect the original intentions of the contract and the remaining portions will remain in full force and effect. If the contemplated purpose of any provision of the TAC are held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. REAL ESTATE PROS failure to act with respect to a breach by a MEMBER or others does not waive REAL ESTATE PROS right to act with respect to subsequent or similar breaches.
- DISCLOSURES: The services hereunder are offered by REALESTATEPROS.ORG, a division of Internet Commerce Group an Arizona corporation, located at 2625 E. Rose Garden Lane - Phoenix, AZ 85050. REAL ESTATE PROS complies with all applicable laws. Pursuant to Arizona Civil Code Section 1789.3 an Arizona resident: a) may have these TAC e-mailed by sending a letter to the foregoing address with your e-mail address and a request for this information; b) may obtain pricing information by reviewing these TAC, sending a letter to the foregoing address with your e-mail address and a request for this information or by calling 1-888-279-1814; c) may contact the Division of Consumer Services of the Arizona Department of Consumer Affairs which maintains a complaint assistance unit which accepts correspondence directed to 2910 N. 44th Street, Suite 310, Phoenix, AZ? 85018, or by telephone by dialing (602) 255-4421.
- ENTIRE AGREEMENT: You, the MEMBER, and REAL ESTATE PROS acknowledge, understand and agree that these TAC constitute the entire and only understanding and agreement between us, that these TAC supersede all prior or contemporaneous agreements, discussions, or representations, whether oral or written, with respect to REAL ESTATE PROS, and that these TAC cannot be varied, amended, changed, waived, or discharged except in writing by the President of REAL ESTATE PROS. You, the MEMBER, further acknowledge that no promises, representations, inducements, agreements, or warranties, other than those explicitly set forth in these TAC, have been made to induce your acceptance of these TAC nor have you, the MEMBER, agreed to these TAC in reliance on any such promise, representation, inducement, or warranty.
- APPENDIX 1: DEFINED TERMS:
a) "Member Profile" means a description of the member's services, general background, professional experience, and links to member's e-mail address and/or web site.
b) "Charges" mean the REAL ESTATE PROS dues, fees (subscription, referral or otherwise), charges, rates, fee structure, or billing method(s), all or any of which are subject to change at any time and for any reason upon REAL ESTATE PROS providing notice.
c) "Communication Services" means e-mail notification to members regarding consumers looking for their services, and the submission of referrals, in response to such member profiles.
d) "Consumer" means an individual who is requesting or making inquiriy about the services of a "member".
e) "E-Mail notification," if used in connection with communication services, means advising a member that a consumer contact form has been submitted, without revealing personal information about the particular consumer.
f) "Endorsement" means any words or phrases spoken or written by another person and posted on REAL ESTATE PROS by a member to promote that member's services.
g) "Endorser" means any person providing a written or oral endorsement.
h) "REAL ESTATE PROS" or "REALESTATEPROS.ORG" means REAL ESTATE PROS, a division of Internet Commerce Group, Inc.
i) "Information" means any information, content, good, product, service, statement, name, member profile, endorsement, logo, trade name, graphic, media, text, icon, hypertext and/or graphical Internet link, domain name, marketing, computer program, or content, tool, functionality or operation of any kind whatsoever (individually or collectively), that a member provides or makes available to REAL ESTATE PROS or other REAL ESTATE PROS members whether through the member registration, member profile, or otherwise, whether or not submitted to in a public or private area, or through any e-mail or communication feature, such as a hypertext and/or graphical Internet link.
j)"Member" means any individual completing the registration procedure thereafter approved for membership, and one that has read and agreed to the terms and conditions contained herein this page.
k) * Refers to silver, gold, or platinum memberships only
l) ** refers to "FREE" members only who instead of paying a monthly membership fee for traffic generated to their web site, opt to pay a referral fee to be determined by the referrer and referree.