CaliforniaeRealty.com

TERMS AND CONDITIONS OF USE

Welcome to CaliforniaeRealty.com, California eRealty, Central California eRealty and our California eRealty hosted affiliate Web sites (individually and together, the "Site"). PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SITE AS SERVICES PROVIDED ON THE SITE (“SERVICES”) TO YOU ARE SUBJECT TO THE FOLLOWING TERMS. This Site is owned and operated by California e Realty Technologies Corp. (referred to as "California eRealty"). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, LISTING, PURCHASING, BROWSING OR ENJOYING THE SERVICES. BY PURCHASING, USING, LISTING, BROWSING OR ENJOYING THE SERVICES ON CALIFORNIA EREALTY, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM.  In these Terms, “Web site” refers to California eRealty. “You” and “Visitors” refers to users of California eRealty. “Customers” refers to users who purchase any product or Service on California eRealty, including without limitation listing their properties on the Web site for free or otherwise. The words “we,” “us,” and “our” refer to California eRealty, Corp., the owner and operator of this Web site.

By using this Site, ordering or using Applications, ordering products, or clicking on a button indicating your consent, you agree to these Terms including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law. If you do not agree to these Terms, you do not have permission to use the Site. California eRealty reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.

You may also be subject to additional terms and conditions if you elect to list your home or residential property for sale on a Multiple Listing Service “MLS”, purchase a home with us, use third-party content, services, or software (including Applications) accessed through or promoted on the Site.

1. ACCESS, REGISTRATION AND ORDERING OBLIGATIONS
In consideration of your use of the Site, you agree to provide true, accurate, timely and complete information about yourself and your property as prompted by the Site registration or ordering process, provided that in connection with registration of an Account with California eRealty you accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access California eRealty using your name in whole or in part without our permission. If you believe someone has accessed California eRealty using your user name and password without your authorization, e-mail us immediately at the address listed below. You also agree that California eRealty may - exclusively send you via email notification - notices, announcements, offers and alerts regarding California eRealty owned, operated or affiliated sites and services and that you will frequently and diligently check your designated email or other designated electronic medium for communications. In addition, you agree to the timely updating of that information in order to maintain its truth, accuracy and completeness. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. California eRealty may deny you access to the Site or reject your order in the event that your information is untrue, inaccurate or incomplete. You agree to pay all fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. We may bill charges automatically to your credit card. All fees will be billed at the time you register or purchase products (or as soon thereafter as fees or charges are incurred or after services are rendered, for the amount applicable thereto, in the case of an Entry Only Listing on a Multiple Listing Service “MLS” and/or Realtor.com) and are nonrefundable. You are responsible for all fees and charges incurred to access California eRealty through an Internet access provider or other third party service.

2. CUSTOMER RESPONSIBILITIES
You agree and acknowledge that your access to and/or use of the Services are for personal, NONCOMMERCIAL PURPOSES only. IP Addresses are logged for compliance and enforcement.  That is, you agree and acknowledge that your use of the Web site and Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on California eRealty, rather than as a commercial enterprise for a third party or to enhance, promote, or otherwise further a commercial enterprise of your own. Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, reverse engineer or exploit any portion of the Services or access or use the Services for any commercial purpose whatsoever. Other than providing links to virtual tours of your property, YOU MAY NOT INCLUDE A LINK TO ANY WEBSITE IN YOUR LISTING.

3. TERMS AND CONDITIONS OF USE AND PRIVACY POLICY
California eRealty respects your right to privacy and understands that visitors to, users of and customers of California eRealty need to be in control of their personal information. To that end California eRealty has developed a Privacy Policy, and you should review it carefully. The Terms and Conditions of Use and Privacy Policy for California eRealty are hereby incorporated by reference into these Terms and your agreement to these Terms means that you also expressly agree to be bound by the Terms and Conditions of Use and Privacy Policy for California eRealty.  In the event of a conflict between these Terms and the Privacy Policy, these Terms shall take precedence.

 4. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site or California eRealty may, at California eRealty's option, be conducted electronically. California eRealty may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

5. ADDITIONAL TERMS, CONDITIONS AND CUSTOMER RESPONSIBILITIES REGARDING FLAT FEE MLS LISTINGS AND RELATED ADVERTISING AND/OR OTHER REAL ESTATE SERVICES
“Entry Only Flat Fee MLS Listing”. You agree to provide us with the requested listing information and any requested paperwork or documentation within three business days from the time you sign up for our services to input your listing into your local MLS system.  The listing information includes, but is not limited to, all requested details about your home, one primary designated phone number, one primary designated email address and a minimum of one picture of your home. You may cancel your MLS listing or make price changes at any time with no additional cost or further obligation. You further agree to offer to pay a selling agent (agent who may bring you a buyer) a commission between two and three percent before your listing can go on the MLS system. While commissions are not fixed by law, they are negotiable between a seller and his agent and we strongly suggest a minimum of two to two and one half percent (three percent is typical). Commissions stated in the MLS cannot be negotiated after-the-fact between you and a party or their representatives regarding a specific offer that has been presented by a member of the respective MLS relying upon that offer of commission.  Should you accept an offer from a MLS member selling agent you are bound to pay the commission you agreed upon up-front in the MLS listing. Should you find a buyer yourself and a MLS member was not the procuring cause for you finding the buyer, you are under no obligation to pay any commission. In all instances not prohibited by any rules and regulations of a MLS and/or Realtor.com, California eRealty will use its best efforts to forward all buyer leads directly to you, thereby bypassing us and increasing your chances of paying no commissions upon the sale of your home.  As an additional benefit to you, under no circumstances will we have any entitlement to or collect the buyers commission you have offered in the MLS, even if we refer a buyer to you that has contacted us about your listing. You may however at a later time wish to use our Limited Representation Services for a much smaller than traditional commission, in order to facilitate the transaction of selling your home, but are not obligated to do so in any way, nor are we obligated in any way to facilitate or represent you in negotiations, preparation of any contracts or any required disclosures or further represent you as an agent in, or party to, the transaction under an Entry Only Flat Fee MLS Listing Agreement. You also agree to keep California eRealty updated as to the status of your residential property for sale.  Such notices must be submitted or listings updated on the site at which time you accept an offer (pending status) and also when your home closes escrow (sold status). Upon the sale of your home you agree to provide California eRealty with the final selling price of your home as that is a condition of being listing in the Multiple Listing Service.

Billing Procedures. Only a credit authorization hold will be placed on your credit card regarding payments for the MLS and Realtor.com Entry Only Listing or a portion thereof if a "Package" service and payment for this portion relating to the Entry Only MLS Listing will not be transferred until your property is listed for sale on the MLS and Realtor.com; typically $249. The remainder of the "Package" price, if ordered and applicable, will be billed immediately for additional package materials and products. Your listing will typically be listed on the MLS and our website within 24-48 hours of the time at which we receive from you required details and paperwork regarding your home; the fee or payment relating to Entry Only MLS Listings will be transferred at that time. You also understand that changes and updates to your listing must be made in writing via this website, email, or fax. You will be able to make unlimited changes to the listing on the listing on this site and unlimited price changes on the MLS, but after the listing goes live on the MLS you will have only 48 hours to review your listing for accuracy, after which additional changes to the MLS listing will be charged at $25 per change, excluding price changes.  You may cancel your MLS listing at anytime.

Refund and Return Policy. California eRealty will provide a refund of the Entry Only Flat Fee MLS Listing fee within the first (three) days of signing up for your listing less a $50 administration fee. After your listing appears on the Multiple Listing Service, all sales are final.  You may cancel at anytime, but your entry only listing fee will not be refunded.  Regarding individual and packaged products, Custom For Sale signs and any other services will not be eligible for refunds as the ordering and production processes are almost instantaneous from the time you place an order for our service or products.  The only products eligible for refunds upon return will be open house signs and lockboxes.  We have a 25% re-stocking charge for these items. Make sure that you obtain a First Article of Approval. Call 1-866-223-7325 for a Return Authorization Number (RAN) within 15 days of receipt of your order. We will only accept returns that have a valid RAN visible on the outer packaging and are freight prepaid. All returns are subject to inspection by California eRealty, UPS and/or designated carrier. We only credit products that are unused and undamaged and in re-sellable condition.

Damaged Merchandise We guarantee all product orders that leave our distribution center are shipped in good condition. All damage claims must be acknowledged to our Customer Service Department within 15 working days of receipt of order. In the event that you discover damages please notify us so that we may file a damage claim with the delivering carrier. Please remember to keep damages for 7-10 working days so UPS or other Carrier can inspect items.

Buyer Rebates. Rebated commission amounts depend on the commission the seller(s) and/or listing broker pay us.  Furthermore, commission rebates vary from 25% to 50% of the amount we receive on re-sale homes versus new subdivision home construction, respectively. When you buy a home, we pay you a California eRealty Rebate equal to either 25% (re-sale) or 50% (new construction) of the entire commission we receive from the seller. There is no maximum. If the seller pays us a commission, we share 25% to 50% of that amount with you. You never pay any commission to us. We will mail you the rebate check within fourteen days after closing. Or, if you prefer, you can take the rebate as a credit at closing. In some states, the rebate must be taken as a closing credit.

Qualifying for a California eRealty Rebate. We cannot represent you in the purchase of a property, if you are obligated to work with another broker on that purchase. In order for us to receive a commission - and for you to receive a California eRealty Rebate - you should make it clear that California eRealty is representing you as your broker by following these steps.

• Request that California eRealty visit a new home subdivision or model home with you on your first visit.
• If an Agent of California eRealty can not be with you, you may print a California eRealty business card from the web site or request that we send you one before going to an appointment or open house.
• Give the California eRealty business card to the listing agent and inform them that California eRealty is your broker and ask if you may still view the home.
• Schedule appointments to see homes through California eRealty to avoid a costly mistake that could jeopardize eligibility for a rebate through California eRealty.
• Make any offer for the home or property through California eRealty.

* Brokers are not allowed to get together as a group to set standard commission rates or standard commission splits. These can and must be negotiated individually in each transaction. The amount of commission, who pays it, and the commission split, vary widely in the industry.

The rebate ("Rebate") will be equal to 25% to 50% of the total commission, if any, that California eRealty Realty, Inc. ("California eRealty") actually receives from the seller(s) and/or listing broker in connection with the purchase. Thus, the amount of the Rebate is affected by the commission rate, if any, paid to California eRealty by the seller(s) and/or listing broker.

California eRealty will pay the Rebate, if any, by company check within 14 days after the closing of the purchase; provided, however, that (i) if the buyer requests, by giving written notice to California eRealty at least 5 business days before the closing, that the Rebate be paid as a credit against the purchase price at closing, then California eRealty will, if permitted by applicable law, use reasonable efforts to cause the Rebate to be so paid; and (ii) if under applicable law the Rebate may not be paid after closing but may be paid at closing, then California eRealty will use reasonable efforts to cause the Rebate to be paid as a credit against the purchase price at the closing. If paid by company check, the Rebate will be paid to the order of the person(s) named as the buyer(s) or borrower(s) on the HUD-1 Closing Statement or equivalent statement (including, in the case of a Section 1031 Exchange, to the order of any qualified intermediary who is named as the buyer or borrower on the closing statement, for the benefit of the Section 1031 Buyer). If paid as a closing credit, the Rebate will be paid on behalf of such person(s). As used herein, (i) "Section 1031 Exchange" means an exchange of real estate pursuant to Section 1031 of the Internal Revenue Code, as amended from time to time, and (ii) "Section 1031 Buyer" means the person conducting a Section 1031 Exchange through a qualified intermediary who will receive replacement property in such exchange.

Notwithstanding the foregoing, if at any time California eRealty reasonably determines that a Commission Dispute exists or is reasonably likely to occur, then California eRealty may delay paying the Rebate until 14 days after such Commission Dispute has been Resolved. "Commission Dispute" means any dispute or uncertainty regarding (i) whether California eRealty is entitled to a commission from the seller(s) and/or listing broker, (ii) the amount of such commission, (iii) the manner or timing of payment of such commission, or (iv) any other term, condition or aspect of such commission. "Resolved" or "finally determined" means (i) resolved by mutual agreement, settlement or written instruction of all interested parties; or (ii) determined by any final, non-appealable judgment of a court. If California eRealty pays any Rebate and it is later determined that California eRealty is not entitled to all or part of the commission on which such Rebate was calculated, then the Rebate amount will be recalculated and the buyer will immediately repay to or at the order of California eRealty the excess portion, if any, of the Rebate that California eRealty paid. California eRealty has no obligation to take any action (including filing or defending any arbitration claim) to enforce, collect or establish entitlement to, any commission.

This rebate offer is void, and California eRealty has no obligation to pay the Rebate or any portion thereof to the extent prohibited by applicable law or the buyer’s lender(s), including at any time (including after a delay referred to in the previous paragraph) that such payment is so prohibited. California eRealty has no obligation to pay the Rebate unless and until (i) all of the buyers sign any agreement reasonably requested by California eRealty confirming the Rebate, and (ii) in the case of a Section 1031 Exchange in which the qualified intermediary is listed as the buyer or borrower in the closing statement, the Section 1031 Buyer also signs such an agreement.

A Rebate may have tax implications. California eRealty recommends that buyers consult with a tax advisor regarding same. To the extent, if any, that California eRealty determines that the filing of any tax return (including any Form 1099 or other information return) is necessary or prudent in connection with any Rebate, California eRealty may make such filing.California eRealty’s rebate program (and obligation to pay the Rebate) is subject to discontinuation or modification by California eRealty at any time. However, California eRealty will not modify a buyer's Rebate with respect to any specific property after the buyer has made an offer on that property.

6. TERMINATION
You agree that we, in our sole discretion, may terminate your user access to the Services, excluding any MLS Listing, and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you and effective immediately, if we believe that you have violated or acted inconsistently with these Terms. You agree that we may terminate your account if it remains inactive for an extended period of time. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time.

7. DISCLAIMERS AND LIMITATION OF LIABILITY
USE OF THE SITE IS AT YOUR OWN RISK. USE OF APPLICATIONS OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. NEITHER CALIFORNIA EREALTY, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS OF ANY OF THEM, MAKES ANY WARRANTY OF ANY KIND REGARDING CALIFORNIA EREALTY AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH CALIFORNIA EREALTY; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING CALIFORNIA EREALTY OR THE SERVICES. CALIFORNIA EREALTY HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORN BY YOU.

IN ADDITION, CALIFORNIA EREALTY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.

8. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER CALIFORNIA EREALTY NOR ANY OF CALIFORNIA EREALTY'S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF CALIFORNIA EREALTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

9. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of California eRealty, California eRealty's suppliers, and any third parties advertised or mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password and/or phone number even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify, and hold California eRealty (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).

10. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, CALIFORNIA E REALTY TECHNOLOGIES CORP., AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF CALIFORNIA EREALTY; (2) CALIFORNIA EREALTY'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.

11. LINKS; ADVERTISERS
The Site contains links to third party sites that are not under the control of California eRealty and California eRealty is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. California eRealty provides links only as a convenience and the inclusion of the link does not imply that California eRealty endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that California eRealty shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers or third party providers.

12. ARBITRATION. The Terms and the relationship between you and California eRealty are governed by the laws of the state of California without regard to its conflict of law provisions. YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through California eRealty may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.

California eRealty 's failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, to the Terms, or to your Listing must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not resell, assign or transfer any of your rights or obligations under the Terms to any other entity without California eRealty 's express written permission. Neither party to the Terms will be liable to the other for any delay or failure in performance under the Terms resulting directly or indirectly from acts of nature or causes beyond its reasonable control. The section titles in the Terms are for convenience only and have no legal or contractual effect.

13. LICENSE
You hereby grant to California eRealty and its successors and assigns, a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right, in any media now known or currently known, to exercise all copyright and other intellectual property rights with respect the Content you provide to us to be published on the Site or on or through the Services or otherwise through the Services, to use, distribute, display, reproduce, modify and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. The foregoing does not apply to Content contained on hyper linked pages or any other Content you do not submit to us.

14. SURVIVAL
Any limitations on liability explicitly set forth herein shall survive the expiration or earlier termination of the Terms for any reason. California eRealty, the Site and Affiliates proprietary rights (including any and all intellectual property rights) in and to the Content and the Services shall survive the expiration or earlier termination of the Terms for any reason.

15. NOTICES
Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to California eRealty, such notices shall be addressed to billing@californiaerealty.com or to California eRealty at P.O. Box 2461, Visalia, California, 93279, USA. If to Applicant, such notices shall be addressed to the electronic or mailing address specified in Applicant's registration form, or such other address as either party may give the other by notice as provided in this Section. It is the Applicant's responsibility to provide an accurate address and to ensure that California eRealty is notified of any changes to Applicant's address as specified in this Section.

16.  ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the Service and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter, excluding the California eRealty Terms of Service and the California eRealty Privacy Policy.

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