Effective: March 18, 2016
THIS TERMS AND CONDITIONS OF USE AGREEMENT (“AGREEMENT”) IS ENTERED INTO BETWEEN ANY PERSON OR ENTITY THAT ACCESSES OR USES THE SITE (DEFINED BELOW) IN ANY MANNER (“USER(S)” OR “YOU”) AND THE CALIFORNIA ASSOCIATION OF REALTORS®. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. USE OF THE SITE 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 access to and 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. "Content" shall mean all materials, information and images contained on the Site, including but not limited to, trademarks, copyrightable materials, advertisements, data, text, graphics, files, photos, software and video. "Site" shall mean the Internet site located at the URL address https://www.xpressreg.net/register/CAAR0919/start.asp.
2. Limited License for Personal and Non-Commercial Use Only; Printing of Site Content. Users of this Site are granted a limited, nonexclusive license to use the Site and its Content for personal and non-commercial use only. Unless otherwise stated on the Site, Users may print articles, news stories, press releases, FAQs and other reading materials ("Documents") from this Site for the User's personal, non-commercial use only, provided that such Documents are not modified or revised in any manner. Except as permitted herein or as otherwise stated on the Site, Content 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. Use of any permitted Content 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®, Inc. Reprinted under a limited license with permission.” Users shall not use this Site or the Content for any illegal or prohibited purpose, or in any manner that could damage, disable, overburden or impair the Site, Content, or any of C.A.R.'s servers, or interfere with any other party's use of the Site or Content. Users shall not attempt to gain any unauthorized access to the Site or 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 its 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 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.
3. Linking to or Framing this Site. Framing the Site for any purpose without the express written consent of C.A.R. is strictly prohibited.
5. Advertisers. Advertisement banners and other forms of advertising may exist on the Site. C.A.R. is not responsible for the claims or representations made by any advertiser on the Site, nor is C.A.R. responsible for the products and services of advertisers on the Site. Mere presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by C.A.R. in any respect unless expressly indicated otherwise.
6. Accuracy and Updating of Site Content. C.A.R. takes reasonable steps to maintain the accuracy of and update the Content on the Site. However, 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 the Site at any time without notice. User agrees that User must evaluate, and that User bears 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. Audio/Videotaping. By registering to attend C.A.R.’s Fall Business Meetings 2018, User consents to be audiotaped, videotaped, or otherwise recorded by any means of capturing User’s image and/or voice, and User grants C.A.R. the right to use User’s name, voice, and likeness worldwide in perpetuity for any purpose whatsoever without compensation. User releases C.A.R. from any and all liability related to or arising from C.A.R.’s use of User’s name, voice, or likeness. All right, title, and interest in and to such audiotapes, videotapes, or other recordings and copies or derivative works thereof shall belong solely and exclusively to C.A.R.
8. Purchases. C.A.R. may make available products and services for purchase through the Site. C.A.R. may use third-party suppliers and service providers to enable e-commerce functionality on the Site or direct Users to a third-party supplier’s website to facilitate the purchase using such third-party supplier’s e-commerce functionality. If User wishes to purchase any product or service made available by C.A.R. through the Site, User may be asked to supply certain information relevant to the purchase, including, without limitation, User’s credit card number, the expiration date of User’s credit card, User’s billing address and User’s shipping information. USER REPRESENTS AND WARRANTS THAT USER HAS THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE THROUGH THE SITE. By submitting such information, User grants C.A.R. the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by User or on User’s behalf. Verification of information may be required prior to the acknowledgement or completion of any purchase.
9. Links to Third Party Websites. This Site may contain links to independent third-party website that are not maintained, owned, or otherwise controlled by C.A.R. C.A.R. is not responsible for the content, accuracy, or opinions expressed on such third-party websites. Please be aware that these third-party websites have separate terms and conditions and privacy policies. A link to any third-party website does not imply approval, endorsement, or affiliation with said website by C.A.R. Your decision to access any third-party websites via any links on this Site is made at your own risk.
10. Products, Content and Specifications. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on this Site are subject to change at any time without notice. Refunds and exchanges will be subject to C.A.R.’s refund and exchange policies then in effect. User agrees to pay all charges that may be incurred by User or on User’s behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, User remains responsible for any taxes that may be applicable to User’s purchase(s). C.A.R. reserves the right, without prior notice, to limit the order quantity on any product, item, or service offered for sale on the Site and/or to refuse service to any customer. C.A.R. may also require verification of any information prior to the acceptance of any order.
11. DISCLAIMER. THE CONTENT ON THE C.A.R. 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 REPRESENT OR WARRANT THAT THE CONTENT AND FUNCTIONS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL ELECTRONIC COMPONENTS.
12. 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 ON, UPLOADED TO, OR DOWNLOADED FROM THIS SITE.
13. Notification of Changes. C.A.R. reserves the right, in its sole discretion, to modify or revise this Agreement at any time without giving notice. The most recent Terms and Conditions of Use will be available on this Site, which you should review prior to using the Site. Your continued use of the Site after such any changes occur will indicate your acceptance of such changes.
14. Suspension or Termination of Access. C.A.R. reserves the right, in its sole discretion, to suspend or terminate a User's access to the Site for any reason, including but not limited to, a User's breach of this Agreement.
15. 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, resulting from User's violation of any term of this Agreement or alleged illegal use of this Site.
16. Reservation of Rights. All rights not expressly granted or addressed herein are reserved by C.A.R.
17. Choice of Law; Jurisdiction and Venue. This Agreement shall be governed in accordance with the laws of the State of California, excluding its conflict of law principles. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the County of Los Angeles, State of California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. The Federal Arbitration Act and federal arbitration law apply to this Agreement. 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. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, or nationally recognized overnight courier. You hereby waive any objection you may have in any such action based on lack of personal jurisdiction, improper venue, or inconvenient forum.
18. Ownership of Site and Content. All right, title, and interest in and to the Site and Content belong solely and exclusively to C.A.R. and/or any third party owner of particular Content. The Site and the Content are protected by applicable federal, state and local laws, including but not limited to copyright and trademark laws.
19. 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.
20. 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.
21. 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, constitutes 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.