Terms Of Use
INTRODUCTION
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This Terms of Use Agreement (the “Agreement”) applies to the California Association of REALTORS® (“C.A.R.”) website located at the domain www.smartzonecar.org (the “Site”).
The Agreement contains a binding arbitration clause and class action waiver in Section 6.1. Because your legal rights may be impacted, we recommend that you read the provisions carefully.
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1. GENERAL PROVISIONS
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1.1 Acceptance of Terms
BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 6.1(B). If you do not agree to be legally bound by all the terms and conditions of the Agreement, you are prohibited from accessing and/or using the Site in any manner.
1.2 Modification of Terms
C.A.R. reserves the right to change, add or remove portions of the Agreement, at any time. Any such modification of terms shall become effective immediately upon posting. It is your responsibility to review the terms prior to each use of the Site. By continuing to use the Site, you agree to the most recent terms posted.
1.3 License to Use Site
A. Non-Members
As long as you comply with this Agreement, C.A.R. grants you a limited, non-exclusive license to use the Site and its content for personal and non-commercial use only.
B. Members and Paid Access
If you comply with this Agreement, and you are a C.A.R. member or have paid access, C.A.R. grants you a non-exclusive license to use the Site and its content for personal and limited commercial use, so long as the commercial use is consistent with the ordinary functions of a real estate professional or advisor to real estate professionals. However, C.A.R. members and those with paid access are not authorized to sell, license, or publish content from the Site without abiding by the procedures set forth in Section 3.1.
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2. CONTENT ON SITE
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2.1 Ownership and Purpose of Content
The Site belongs solely and exclusively to C.A.R. and its licensors. All materials, information and images (collectively, “content”) contained on the Site is owned, controlled or licensed by or to C.A.R. Any content shared on the Site is for informational purposes only and does not constitute legal or professional advice. C.A.R. reserves the right to modify content on the Site at any time.
2.2 Content is Protected by Law
Content on the Site is protected by applicable federal, state, and local laws, including but not limited to trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws.
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2.3 Linked Sites
The Site includes links to other sites operated by third parties. While C.A.R. takes reasonable steps to select and provide links that add value to the Site, C.A.R. is not responsible for the content contained on any linked site. Furthermore, unless expressly indicated otherwise, C.A.R. does not endorse, approve, or otherwise warrant the accuracy of any information contained on a linked site. You should review the terms and conditions of use and the privacy policy of the linked site before using that site.
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3. AUTHORIZED USE OF THE SITE
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Generally, use of the Site must conform with the license described in Section 1.3 of this Agreement. Examples of authorized uses are identified below. However, the list is merely illustrative and is not intended to be exhaustive.
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3.1 Reproduction of Site Materials
A. Non-Members
If you are not a member of C.A.R., and unless otherwise stated on the Site, you may reproduce articles, news stories, press releases, FAQs and other reading materials (collectively, "Material") from the Site for your personal, non-commercial use only, provided that such Material is not modified or revised in any manner.
Except as permitted herein or as otherwise stated on the Site, Material may not be reproduced, sold, licensed, transferred, modified, distributed, transmitted, used to create derivative works from, published, displayed, or otherwise used or exploited for any purpose without the express written permission of C.A.R. To request permission to reproduce Material for purposes other than personal, non-commercial use, please complete the required request form[BL1] . Use of any permitted Material must be used as provided by C.A.R., without editing or modification, and must be accompanied by proper attribution to C.A.R. as the source: “© CALIFORNIA ASSOCIATION OF REALTORS®. Reprinted under a limited license with permission.”
B. Members and Paid Access
If you are a member of C.A.R. or have paid access, and unless otherwise stated on the Site, you may reproduce Material from the Site for your personal and limited commercial use, so long as the commercial use is consistent with the ordinary functions of a real estate professional or advisor to real estate professionals.
Except as permitted herein or as otherwise stated on the Site, C.A.R. members and those with paid access may not sell, license, or publish Material without the express written permission of C.A.R. Permission can be obtained by submitting the required request form[BL2] . Use of any permitted Material must be used as provided by C.A.R., without editing or modification, and must be accompanied by proper attribution to C.A.R. as the source: “© CALIFORNIA ASSOCIATION OF REALTORS®. Reprinted under a limited license with permission.”
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4. UNAUTHORIZED USE OF THE SITE
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4.1 Illegal or Prohibited Use
You shall not use the Site for any purpose that violates any law, rule, or regulation of any federal, state, or local entity. Moreover, you shall not use the Site for any prohibited purpose. A prohibited use generally causes some form of harm to C.A.R. or others. Examples of prohibited uses are identified below. However, the list is merely illustrative and is not intended to be exhaustive.
You may not use the Site in any manner that could damage, disable, overburden or impair the Site, any of C.A.R.'s servers, or interfere with any other party's use of the Site. You may not attempt to gain any unauthorized access to the Site through hacking or any other means, or frame or copy the Site, or harvest or otherwise collect information about others without C.A.R.’s prior written permission. You shall not attempt to obtain any content not intentionally made available through the Site. You 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.
4.2 Suspension or Termination
C.A.R. reserves the right, in its sole discretion, to suspend or terminate your access to the Site for any reason, including but not limited to, your breach of this Agreement.
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5. LIABILITY OF PARTIES
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5.1 Disclaimer
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.
5.2 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 THE SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THE SITE.
5.3 Indemnification
You agree 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, resulting from your violation of any term of this Agreement or alleged illegal use of the Site.
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6. CLAIMS AND COMPLAINTS
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6.1 Governing Law; Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS.
A. Choice of Laws
The Agreement shall be governed in accordance with the laws of the State of California, excluding its conflict of law principles.
B. Arbitration
ALL CLAIMS AND DISPUTES INVOLVING THE AGREEMENT WILL BE SETTLED BY BINDING ARBITRATION. There is no judge or jury in arbitration, but an arbitrator can award the same damages and relief as a court. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and C.A.R. would have in court may not be available in arbitration.
The Federal Arbitration Act, 9 U.S.C. §1, et seq., and federal arbitration law shall apply to any dispute arising under the Agreement. Arbitration arising under the Agreement shall be administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration arising under the Agreement shall occur in the County of Los Angeles, California. Matters of arbitrability will be decided by the arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
C. Class Action Waiver
The parties agree that any DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
D. Service of Process
In any action involving this Agreement, each party hereby authorizes and accepts service of process by registered or certified mail, return receipt requested, postage prepaid, or nationally recognized overnight courier. You hereby waive any objection in any such action based on lack of personal jurisdiction, improper venue or inconvenient forum.
6.2 How to Submit Copyright Claims
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 allegedly infringing material.
C.A.R.’s designated agent can be contacted via e-mail at copyright@car.org, via phone at (213) 739-8336, or via mail at CALIFORNIA ASSOCIATION OF REALTORS, Attention: Copyright Attorney, 525 South Virgil Avenue, Los Angeles, CA 90020.
Please submit your notification to the above mail and/or e-mail address. See www.copyright.gov for proper notice requirements.
6.3 Notice for California Residents
California Civil Code Section 1789.3 entitles California residents to be provided with the following information.
If you have a question or complaint regarding the Site, you can contact C.A.R. via email at webmaster@car.org, via phone at (213) 739-8200, or via mail at 525 S. Virgil Ave, Los Angeles, CA 90020.
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by telephone at (800) 952-5210, or by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
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7. MISCELLANEOUS PROVISIONS
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7.1 Severability
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 the Agreement, and the remaining provisions shall continue in full force and effect.
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7.2 Transferability
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 written consent. C.A.R. may assign, transfer or sublicense any or all of its rights or obligations under the Agreement without restriction.
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7.3 Waiver
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.
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7.4 Construction
Any rule of construction that ambiguities are to be resolved against the drafting party shall not apply when interpreting this Agreement. The language in the Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
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7.5 Reservation of Rights
All rights not expressly granted or addressed herein are reserved by C.A.R.
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7.6 Entire Agreement
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 written or oral representations, agreements or understandings between you and C.A.R. relating to such subject matter.
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