Effective August 27th, 2012: Last Updated on August 26th, 2012:
Welcome to Realty-Developer.com, operated by Real Estate Proforma llc. This User Agreement ("Agreement") sets forth the legally binding terms for your use of Realty-Developer.com. By using Realty-Developer.com you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse Realty-Developer.com) or you are a "Member" (which means that you have registered with Realty-Developer.com). The term "User" refers to a Visitor or a Member. You are only authorized to use Realty-Developer.com (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave Realty-Developer.com and discontinue use of Realty-Developer.com immediately. If you wish to become a Member, communicate and make use of the Realty-Developer.com Members Area, you must read this Agreement and indicate your acceptance during the registration process.
Realty-Developer.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of Realty-Developer.com at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) your use of Realty-Developer.com does not violate any applicable law or regulation.
2. Term. This Agreement shall remain in full force and effect while you use Realty-Developer.com or are a Member. You may terminate your Membership at any time, for any reason, by signing-in in to your Membership account and terminating your Membership. If you have difficulty terminating your account please contact Realty-Developer.com, through the Realty-Developer.com support ticket system or email form on Realty-Developer.com. Termination of your account is not available by calling Realty-Developer.com. Realty-Developer.com may terminate your Membership at any time, without warning. If you cancel payment for your membership through your credit card company without first contacting Realty-Developer.com and attempting to resolve any dispute, using one of the contact methods listed above, then you agree to pay reasonable damages to Realty-Developer.com including attorneys’ fees, credit card processor fees and all reasonable legal costs involved in collection of refunded membership fees and all other reasonable costs and damages incurred by Realty-Developer.com. In addition, if you sign up for Membership, then refuse to pay your membership fees, you agree to pay $100 per document downloaded from the member’s area.
3. Fees. You acknowledge that Realty-Developer.com reserves the right to charge for the Realty-Developer.com Members area, and to change fees from time to time in its discretion. If Realty-Developer.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Realty-Developer.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your membership account.
5. Non-commercial Use by Members. Realty-Developer.com is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Realty-Developer.com. Illegal and/or unauthorized use of Realty-Developer.com, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Realty-Developer.com is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Realty-Developer.com.
6. Proprietary Rights in content on Realty-Developer.com
6.1. After posting your content to Realty-Developer.com, you will allow all other Realty-Developer.com Members rights to use such content. By displaying or posting any content on Realty-Developer.com, you hereby grant to Realty-Developer.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content solely on and through Realty-Developer.com. The license you grant to Realty-Developer.com is non-exclusive (meaning you are free to license your content to anyone else in addition to Realty-Developer.com), fully-paid and royalty-free (meaning that Realty-Developer.com is not required to pay you for the use on Realty-Developer.com of the content that you post), sub-licensable (so that Realty-Developer.com is able to use its affiliates and subcontractors such as Internet content-delivery networks to provide Realty-Developer.com), and worldwide (because the Internet and Realty-Developer.com are global in reach). This license will terminate at the time you remove your Membership from Realty-Developer.com. The license does not grant Realty-Developer.com the right to distribute your content outside of Realty-Developer.com.
6.2. You represent and warrant that: (i) you own the content posted by you on or through Realty-Developer.com or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through Realty-Developer.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any content posted by you to or through Realty-Developer.com.
6.3. Realty-Developer.com content is protected by copyright, trademark, patent, trade secret and other laws, and Realty-Developer.com owns and retains all rights in Realty-Developer.com website content and Services not posted by Realty-Developer.com members. Realty-Developer.com hereby grants you a limited, revocable, non-sub-licensable license to use Realty-Developer.com, resources and content (excluding any software code) solely for your personal use. By becoming a member of Realty-Developer.com, you agree to pay a fine of $100 for any un-authorized redistribution of Realty-Developer documents, per document, per incident.
6.4. Realty-Developer.com contains content of Users and other Realty-Developer.com licensors. Content posted by you, may be copied, modified, altered, and translated, to assist Users. No documents provided on Realty-Developer.com are intended to be complete legal documents, but rather as guides and templates to assist Users with their real estate goals. Please consult professionals and obtain legal consultation, as Realty-Developer.com does not take responsibility for its content or the actions of its members.
7. Content Posted
7.1. Realty-Developer.com may delete any content that in the sole judgment of Realty-Developer.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Realty-Developer.com assumes no responsibility for monitoring Realty-Developer.com for inappropriate content or conduct. If at any time Realty-Developer.com chooses, in its sole discretion, to monitor the Realty-Developer Site, Realty-Developer.com, nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
7.2. You are solely responsible for the content that you post on Realty-Developer.com and any material or information that you transmit to other Members and for your interactions with other Users. Realty-Developer.com makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other Members.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Realty-Developer.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Realty-Developer.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Realty-Developer.com in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on Realty-Developer.com ; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Realty-Developer.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Realty-Developer llc, Email: contact@Realty-Developer.com Attn: Copyright Agent;
9. You are solely responsible for your interactions with other Realty-Developer.com Members. Realty-Developer.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Disclaimers. Realty-Developer.com is not responsible for any incorrect or inaccurate content posted on Realty-Developer.com whether caused by Users of Realty-Developer.com or by any of the equipment or programming associated with or utilized in Realty-Developer.com. Content posted by Members of Realty-Developer.com may contain links to other websites. Realty-Developer.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Realty-Developer.com. Inclusion of any linked website posted by members on Realty-Developer.com does not imply approval or endorsement of the linked website by Realty-Developer.com. When you access these third-party sites, you do so at your own risk. Realty-Developer.com takes no responsibility for third party advertisements which are posted on Realty-Developer.com or through member content uploads to Realty-Developer.com, nor does it take any responsibility for the goods or services provided by its advertisers. Realty-Developer.com is not responsible for the conduct, whether online or offline, of any User of Realty-Developer.com. Realty-Developer.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Realty-Developer.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email players due to technical problems or traffic congestion on the Internet or on any of Realty-Developer.com or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with Realty-Developer.com. Realty-Developer.com Services are provided "AS-IS" and as available and Realty-Developer.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Realty-Developer.com cannot guarantee and does not promise any specific results from use of Realty-Developer.com.
12. Limitation on Liability. IN NO EVENT SHALL REALTY-DEVELOPER.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF REALTY-DEVELOPER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REALTY-DEVELOPER.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO REALTY-DEVELOPER.COM FOR REALTY-DEVELOPER.COM DURING THE TERM OF MEMBERSHIP.
13. Disputes. If there is any dispute about or involving Realty-Developer.com Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Diego. Either Realty-Developer.com or you may demand that any dispute between Realty-Developer.com and you about or involving Realty-Developer.com must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, California, USA, provided that the foregoing shall not prevent Realty-Developer.com from seeking injunctive relief in a court of competent jurisdiction.
14. Indemnity.You agree to indemnify and hold Realty-Developer.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Realty-Developer.com in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on Realty-Developer.com or through Realty-Developer.com causes Realty-Developer.com to be liable to another.
15. Other. This Agreement is accepted upon your use of Realty-Developer.com and is further affirmed by you becoming a Member. The failure of Realty-Developer.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact@Realty-Developer.com with any questions regarding this Agreement.