Terms and Conditions

Effective: September 1, 2014

The following terms and conditions govern access to and use of this website (“Site” as defined below). If you do not agree to the terms and conditions below, you may not access or use 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 http://www.centerforcaliforniarealestate.org. "User" shall mean any person or entity that accesses or uses the Site in any manner.

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. Users may print articles, reports, news stories, press releases, FAQs, videos and other materials from this Site for the User's personal, non-commercial use only, provided that such materials are not modified or revised in any manner. Except as permitted herein, 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. Users agree not to 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 agree that they shall not attempt to gain any unauthorized access to the Site or Content, through password mining, hacking or any other means, or harvest or otherwise collect information about others, including e-mail addresses. Users agree that they will 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. Users may link to this Site as long as it is not done in any intentionally misleading manner. Users may not frame the Site for any purpose without the express written consent of C.A.R.

4. Links to Third Party Sites; Accuracy of Content on Linked Sites. Links to other sites operated by independent third parties exist on this Site. 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 or content contained on a linked site. Users should review the terms and conditions of use and the privacy policy of the linked site, if any, before using that site.

5. Accuracy and Updating of Site Content. C.A.R. takes reasonable steps to maintain the accuracy 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.

6. 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 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.


7. 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.

8. Translation Limitations. Warning: translation may be imprecise and inaccurate.
Content on this Site may be provided in a translated format. C.A.R. and its partners strive to achieve accuracy. However, no translation is perfect. Any translation of materials into languages other than English is intended solely as a convenience to the non-English-reading public. Translation accuracy is not guaranteed nor implied. Discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translation, please refer to the English version of the web page, which is the official version of all web pages on this Site.

You assume all risk, liability, and responsibility for any translation. While reasonable efforts are made to provide a translation, no liability and no responsibility are assumed by either C.A.R. or its partners for any errors, omissions, or ambiguities in the translations. In no event are C.A.R., its owners, advertisers, affiliates, and associated parties, liable for any damages whatsoever arising out of your use of translations on the Site or the Content thereof, including direct, indirect, incidental, consequential or punitive damages. Without limiting any of the foregoing, translations are provided "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

9. DISCLAIMER. THE 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 OR THE CONTENT.

10. 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, DATA OR PROGRAMS ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THIS SITE.

11. Modification of Agreement. C.A.R. reserves the right, in its sole discretion, to modify or revise this Agreement at any time without giving notice. Users agree to be bound by any modification or revision of the Agreement upon electronic posting to the Site.

12. 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.

13. 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 the User's violation of any term of this Agreement or alleged illegal use of this Site.

14. Reservation of Rights. All rights not expressly granted or addressed herein are expressly reserved by C.A.R.

15. 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. In the event a dispute arises between User and C.A.R. from 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, USA.

16. 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.

17. 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 email to webmaster@car.org. 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.

18. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. 512. If you wish to notify C.A.R. of Content on the Site that may result in copyright infringement pursuant to 17 U.S.C. 512, 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 notification to copyright@car.org, or fax your notification to our designated agent at (213) 480-7724.

19. 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, is 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.

20. USER'S CONSENT TO BE LEGALLY BOUND TO AGREEMENT. IN CONSIDERATION OF BEING ALLOWED TO USE THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE. 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.

 







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