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
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
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.
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
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
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
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
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.
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.
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
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.
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 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.
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 firstname.lastname@example.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.
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