last updated May 25, 2018
PLEASE NOTE: OUR PRIVACY POLICY CHANGES FROM TIME TO TIME. PLEASE CHECK BACK FOR UPDATES.
ATTOM respects the privacy of our users and understands the importance of maintaining your privacy. This Privacy Policy describes what information we collect from you, why we collect it, and to whom we may disclose it.
By using our Site, you represent that you are at least 18 years of age. Our Site provides you with information, resources, tools, products and services specific to U.S.-based residential real property markets, and with information about us and our advertisers, and our respective products and services. Entering the Site constitutes your acceptance and agreement to all the terms contained in this Privacy Policy. This Privacy Policy is governed by and subject to our Terms of Use. Please do not enter the Site if you are unwilling or unable to abide by the terms of this Privacy Policy and our Terms of Use.
The ATTOM family of websites includes, but is not necessarily limited to, the following websites (collectively referred to herein as the “Site”):
Our Site links to other websites and media that may collect User Information, as defined below. This Privacy Policy applies only to your use of the Site, and it addresses only data collected or processed through the Site. This Privacy Policy does not apply to any other data collection or processing (which includes but is not limited to data collection practices and data processing practices of websites other than the Site) or to data collection offline or through any process or service that does not contain a direct link to this Privacy Policy. We are not responsible for the privacy practices or content of any linked websites. Please refer to the privacy policies and statements of linked websites to obtain information regarding their data collection practices, security, use, and disclosure policies.
As used herein, the terms “consumer” and “consumers” generally includes any visitor to or user of the Site, other than Professionals. The term “Professional(s)” means individuals, companies, and other organizations or persons acting as real estate professionals or otherwise engaged in a business relevant to the Site, including, without limitation, REALTORS®, agents, lenders, brokers, real estate professionals, product or service providers, home service professionals and other service professionals. Except as otherwise indicated, Professionals, consumers, and other persons using the Site are individually and collectively referred to as “you,” “your,” or “yours” as appropriate. ATTOM Data Solutions LLC. are referred to collectively herein as "ATTOM," "we," "us," or "our" as appropriate.
The term "User Information" means information that you provide to us which personally identifies you, such as your name, phone number, email address, and any other data that would allow someone to contact you. You should take care when posting or publishing any User Information on the Site. For certain Professionals, User Information also means your license number or MLS ID number.
The term "non-personally identifiable information" means electronically collected information about your preferences and use of the Site, but which does not specifically identify you. Information in a form that is aggregated with other information, anonymized, or otherwise processed so as not to be reasonably identifiable with you, and information in a form that otherwise is detached, combined, organized, segmented, modified or processed so as not to be reasonably capable of being associated with you, will not be considered User Information, and will not be restricted by this Privacy Policy as to use, sharing, or otherwise.
1. What Information Do We Collect? Information collected from you will vary, depending on how you access, visit, use or otherwise take advantage of the Site and what information you may choose to provide to us (whether through email or otherwise). It may be possible to browse various sections of the Site without submitting any User Information.
You can choose not to provide us with User Information, but then you may not be able to fully take advantage of certain features of our Site and we may not be able to provide you with certain information, products and/or services you request from us.
a. Account Information. If you create an account to take advantage of the full range of features and services on our Site, or if you use or purchase products or services through the Site, we require you to disclose, and we collect, your User Information, including, by way of example but without limitation, your name; email address; address; city, state, and zip code; telephone number; facsimile number; credit card type; credit card number; credit card expiration date; name on credit card; 3-digit or 4-digit credit card security code; first and last name as appearing on check; bank routing number; checking account number; driver’s license number and issuing state; date of birth; company name; business telephone number; and MLS ID number (for certain Professionals).
b. Submissions. We collect and store submissions you make through the Site. The term "submissions" refers to the information that you submit or post to the Site for public display, including your User Information that you choose to display as part of your account profile.
c. Feedback. If you contact us to provide feedback, give us a compliment, register a complaint, or ask a question, we collect User Information and other content you may provide in your communication.
d. Activity. Like many websites or media on or using the Internet, we collect information relating to your activity on the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, clickthroughs, navigational information, clickstream data, timestamp information and other information ("Web Data").
e. Cookies and Beacons. We incorporate cookies and web beacons in the Site in order to uniquely identify your browser. The terms "cookies" and "web beacons" refer to small pieces of information that a website sends to your computer's hard drive while you are viewing the Site. Cookies are small files that we or others send to and store on or with your computer so that your computer, browser, mobile app or other application can be recognized as unique the next time you access, visit, use or otherwise take advantage of the Site or other media. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). Persistent cookies can be removed by following the directions in your browser’s help file. Cookies may also reflect demographic data pertaining to you or to other data linked to information you submit. One use or consequence of cookies is to enable you to receive customized ads, alerts, content, services or information. You are always free to decline any cookies we use by adjusting the settings of your browser, as your browser may permit; however, some products, services or features might not be available or operate properly if cookies are not enabled. Some of our advertisers and third-party service providers may also utilize their own cookies. You may be able to opt-out of third-party cookies, or learn more, by going to http://www.networkadvertising.org/managing/opt_out.asp. The data we automatically gather about you also includes “pixels” and may also include information gathered in connection with your use of third-party websites and media (for example, through the use of “web beacons” or “pixels”).
2. How Is Information About You Used Or Shared? The use of information we may gather about you depends on the context in which it is collected. Please note there are different categories below for use and sharing of information, depending upon the features of the Site you wish to utilize.
a. User Information. We collect User Information so that we or third parties may respond to you, correspond with you, and provide you with the products and services you request through the Site. We may send you updates such as website news, special offers from us, messages from other users, and special offers from merchants and service providers. Your User Information may also be shared among our family of websites, as identified above; to help us offer content, advertisements, products, and services that we believe will be of interest to you; and to make your use of the Site more convenient by, for example, limiting the number of times you are required to register with us. Your email address serves as a unique identifier in our record system, and together with your password, is designed to help us prevent unauthorized access to User Information you choose to store on the Site. In addition, if you have provided your email address, we might use your email address to deliver, or facilitate delivery of, relevant advertisements and information to you on or by way of the Site or on or by way of other websites or media, including, for example, popular social media sites and features.
We may also use User Information to investigate, enforce, and apply our Terms of Use and Privacy Policy. We may disclose User Information to third parties in accordance with your instructions in order to facilitate the provision of products and/or services you request through the Site, to conduct quality assurance testing, to facilitate the creation of accounts, and to fulfill requests by you for technical and/or customer support. Except as set forth in (a) through (d) below, we do not permit third parties to use User Information other than to provide the products or services requested by you. When sharing User Information in such a manner, we may also share your computer’s Internet Protocol (IP) address, identification number or location. We may also disclose User Information to third parties in a good faith belief that such disclosure is reasonably necessary to (a) take action regarding suspected illegal activities; (b) investigate, enforce, or apply our Terms of Use and Privacy Policy; (c) comply with legal process, such as a search warrant, subpoena, statute, or court order; or (d) protect our rights, reputation, and property, or that of our users, affiliates, or the public. Please note that we are not required to question or contest the validity of any search warrant, subpoena, or other similar governmental request that we receive.
b. Non-Personally Identifiable Information. We collect non-personally identifiable information to operate, develop, and improve the Site, its functionality, and our products and services. You cannot be specifically identified by non-personally identifiable information. Non-personally identifiable information may be collected in aggregate form to allow us to do a number of things, including to determine the total number of users of the Site; to prepare utilization reports; to diagnose and correct compatibility problems or other problems with the Site; and to perform statistical analyses to enable us to build higher quality, more useful online services. We may disclose non-personally identifiable information in aggregate form to third parties. We also use non-personally identifiable information to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site. Non-personally identifiable information also helps us to improve functionality and relevance of the Site, and to learn things like user preferences, popular search categories, click-through rates, and what kinds of offers users like to see. Information that is automatically gathered, electronically or otherwise, including through the use of cookies and other technology, may be shared among our family of websites identified above.
We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your User Information) about your visits to the Site and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to learn how you can opt out, please see: http://www.networkadvertising.org/managing/opt_out.asp.
Information may also be shared with other third parties, including listing providers, advertisers, service providers and others, so that we may better understand how the Site is used, to enhance the overall experience on the Site and otherwise in connection with our operation of the Site and conducting related business, but when so shared with third parties, any User Information will be included for such purpose(s) only if first put in aggregated form or the third party will be contractually or otherwise restricted as to the use of User Information (for example, restricted to use of the information only in connection with the purpose for which you shared it with ATTOM). We may also share Web Data with third parties who may serve relevant or specialized advertising and/or recommendations to you while browsing the Site or while browsing third party websites.
We use third-party analytics service providers, such as Google Analytics, to evaluate and provide us with information regarding the use of the Site. Such service providers use cookies, web beacons, pixels, embedded scripts and other technologies to automatically collect information about use of the Site, to report use trends, and to compile metrics regarding the Site. This Privacy Policy does not cover any use of information that such third parties may have collected from you. Should you wish to learn more about Google’s specific practices, please visit https://policies.google.com/privacy/partners. You can opt out of Google Analytics by downloading Google Analytics’ opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
c. Professionals. This paragraph applies only to Professionals, but does not apply to a Professional to the extent modified in a separate written agreement signed by an authorized officer of ATTOM, into which we may enter in our sole discretion and without notice to others. Professionals may receive information from, or originating from, you if you submit a request on the Site for the Professional’s products or services or related information, and the information might include, without limitation, your User Information. Because protecting personal privacy is important, we require that Professionals treat User Information as if it was still on the Site and in accordance with this Privacy Policy. Professionals may use User Information sent to the Professionals via our Site only for the purposes of providing to you the products and/or services about which you inquired, or for such purpose(s), if any, specified by us in connection with such information being made available to you. We require that Professionals not make any other use of User Information and that Professionals otherwise not share or transmit User Information with or to any third party without your consent.
d. Asset transfers: We continue to develop our business and in doing so might choose to buy, sell, expand, restructure, or transfer businesses or assets. User Information and other information we collect from you is generally one of the assets acquired, sold, transferred, otherwise shared, or affected in connection with such transactions.
3. How Do You Protect My User Information?
Whenever User Information is stored on our computers (which may be for an indefinite period, or a more limited time based on obsolescence or other factors), we take appropriate security measures (including physical, electronic and procedural measures) to help safeguard it from unauthorized access and disclosure. Only authorized employees are permitted to access User Information, and they may do so only for permitted business functions. In addition, we use firewalls to help prevent unauthorized persons from gaining access to User Information.
We use industry-standard measures to protect the User Information we store. If you establish an account with us, your account is password protected. We limit access to User Information to those employees and contractors who need access to perform their job function, such as our customer service personnel. Although we take appropriate measures to safeguard against the unauthorized disclosure of information, we cannot assure you that User Information will never be disclosed. Since certain User Information (i.e., your credit card numbers and/or bank account number) is especially sensitive, we take special care to keep it secure. We will only electronically transmit or ask for this information over secure Internet connections using precautions such as SSL (Secure Sockets Layer) encryption (an accepted standard for online security), security keys, and password authentication from any third parties receiving this information. To the extent that we may ask for and will store User Information such as your credit card number or financial information, this information will be stored using precautions such as secure designated servers, where access is limited to individuals in departments charged with using such information only in connection with processing your orders and/or payment for products and services purchased; provided, however, that if those orders and/or payments processed by our business partners, marketing allies, service providers, and Professionals that provide or participate in providing the service or product requested or participate in the payment process, such entities may store such information on their servers and their storage is governed by their privacy policy and security procedures, over which we have no control. Please be aware that each company we do business with (including, without limitation, Professionals) has its own policies regarding its use, sharing, storage, and protection of information about you, and that such policies may differ from those outlined in this Privacy Policy.
We want you to feel comfortable and secure while using our Site. We hope you’ll use common sense whenever you send User Information over the Internet. Just as importantly, we encourage you to let us know immediately if you suspect that the User Information you share with us is being used in any way contrary to this Privacy Policy.
Finally, unfortunately no data transmission over the Internet, nor any storage of information on servers or other media, can be guaranteed or made to be 100% secure. While we strive to protect User Information, as outlined in this Privacy Policy, we cannot promise, guarantee or warrant the complete security of information. You hereby acknowledge that we are not responsible for any intercepted information sent via the internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner. If you have any questions about our security measures, please send an email to support@realtytrac.com.
4. How Can I Limit the Sharing Of My User Information?
We may provide areas on our Site where you can post information about yourself and others and communicate with others. Such postings are governed by our Terms of Use. In addition, please note that such postings may appear on other websites or when searches are executed on the subject of your posting. Whenever you voluntarily disclose User Information on a publicly-viewable web page, that information will be publicly available and can be collected, used, and stored, by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your postings or what other users may do with the information, including User Information, that you voluntarily post online, so we encourage you to exercise discretion and caution with respect to User Information and other information that personally identifies you. Please do not include any information in your postings or submissions that you expect to keep private.
You should always take care with how you handle and disclose User Information. For example, you should avoid sending User Information through insecure email.
Our Site may contain a “comment” section where users can submit and publish comments, questions, and answers. Do not offer any information that personally identifies you in any content you submit online, including in any comment, question, or answer, unless you want that information displayed publicly. While your email address will not be published, the actual content of any comment, question, or answer you submit are considered public property. We do not actively monitor these sections of the Site, and assume no liability for any content therein, or for any actions taken in reliance thereon. If we are alerted to something we deem inappropriate in any way, we may delete it at our discretion. We may use login validation for the “comment” section in order to reduce "comment spam." We will remove "comment spam" from the comment section at our discretion.
You may send inquiries to other users, merchants, service providers, and Professionals via clickable links and submission forms on our Site listings. If you choose to send any such inquiry, any User Information you disclose, including your e-mail address and any other information you supply, will be stored by us, and will also be sent to and made visible to the user, merchant, service provider, or Professional in question so that they might reply directly to you. If you communicate with the user, merchant, service provider, or Professional by phone, your telephone conversation may be recorded. Do not share User Information in any e-mail, post, inquiry, or phone call if you do not want to be contacted. We may, from time to time, use third party e-mail servers to send and track receipt of your inquiry e-mails, and to analyze the pattern of inquiry usage reported by these third-party tracking systems.
5. How Can I Access or Change My User Information?
You may view or edit your User Information, as follows.
6. Third Party Websites
The Site may contain links and/or hyperlinks to third party websites with which we have no affiliation. Except as set forth herein, we do not share your User Information with said third parties, and we are not responsible for their privacy practices. Again, please be aware that each company we do business with (including, without limitation, Professionals) has its own policies regarding its use, sharing, storage, and protection of information about you, and that such policies may differ from those outlined in this Privacy Policy. We suggest you read the privacy policy and practices of all third party websites you visit before providing any User Information.
7. Embedded Maps
Some of the Site’s features implement Google Maps’ or Bing Maps’ web mapping data. Your use of Google Maps is subject to Google’s terms of use. Please visit https://policies.google.com/privacy?hl=en&gl=us for more information. Your use of Bing Maps is subject to Microsoft’s privacy policy. Please visit https://privacy.microsoft.com/en-us for more information.
8. Information of Others
You may choose to provide us with another person's e-mail address for the purpose of inviting them to create an account on the Site. If you do so, you represent to us that you have obtained, in advance, the consent of that other person to disclose his or her e-mail address to us. We will use the information you provide about the other person to contact him or her, and if necessary remind him or her, about the invitation.
9. Opting Out of E-mails From Us
Users who receive e-mails from us may opt-out of receiving further e-mails by following the instructions contained in our e-mails or please opt out by clicking on this link to our opt-out procedure. Notwithstanding your indicated e-mail preferences, we may e-mail you notice of any updates to our Terms of Use or Privacy Policy.
10. Children's Privacy
All users of the Site must be at least 18 years of age, and by using the Site, you represent to us that you are at least 18 years of age. We never collect or maintain information from any person we actually know is under 13 years of age. No part of our Site is structured to attract anyone under 13 years of age. If you are under the age of 13, you should not register, create any account, or provide information on our Site. If you have knowledge that a child under the age of 13 has submitted his or her personally identifiable information to us, please send an email to: support@realtytrac.com.
11. Site for Use By U.S. Residents Only
The Site is intended for use only by residents of the United States. This Privacy Policy applies only to collection, use, storage and processing of information submitted on our Site from residents of the United States. By using the Site, you represent to us that you are a resident of the United States.
If you are a U.S. resident accessing the Site from outside the United States, you understand and agree that by accessing and visiting the Site, your information will be transferred to, stored, and processed in the United States where our servers are located and our central database is operated; you understand and agree that our data protection measures might not be as comprehensive or protective as those in required by the laws in the country from which you are accessing our Site; and you understand and agree that by using our Site, your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.
12. Special Notification for California Residents
Users of the Site who reside in California and have provided their User Information may request information regarding certain disclosures of this information to third parties for the third parties’ direct marketing purposes. Such requests may be submitted to us once per calendar year, and, if you desire such information, your request must be submitted to us by mail to the following mailing address: CA Privacy Request, One Venture Plaza, Suite 300, Irvine, California 92618. Any such request must include “California Privacy Rights Request” in the first line of the request, and include your name, street address, city, state, and zip code. We reserve our right not to respond to requests submitted other than as expressly set forth in this paragraph.
13. No Rights of Third Parties
This Privacy Policy does not create rights enforceable by third parties or require disclosure to third parties of any User Information relating to users of the Site.
14. Effective Date and Modifications to this Privacy Policy
This Privacy Policy is effective as of April 19, 2018.
This Privacy Policy may be modified by us at any time. When changes are made, we will notify you by making the revised version available on the Site and will indicate the date that revisions were last made. We may also notify you by e-mail. You should revisit this Privacy Policy on a regular basis as revised versions will be binding on you. Any such modification will be effective immediately upon our posting of the new Privacy Policy on the Site. Your continued use of the Site after any posted modification to the Privacy Policy indicates your acceptance of the revised Privacy Policy. If you do not agree to any provision of this Privacy Policy, or any modification of it, please do not use the Site.
15. How to Contact Us
If you have any questions about this Privacy Policy, please contact us by email at support@realtytrac.com.
Effective February 28, 2013
Attom Data Solutions LLC. ("RealtyTrac," "we," or "us")
One Venture Plaza, Suite 300
Irvine, CA 92618
info@realtytrac.com
By registering with RealtyTrac, you become a registered user and a "Member", whereby RealtyTrac offers certain services to you, the Member, conditioned on your agreement to adhere to the following terms of use ("Terms of Use").
Member accepts these Terms of Use by registering as a Member and using RealtyTrac's website (the "Site") or the services, information, goods, content, or products made available through the Site (each a "Service" or, collectively, the "Services"). These Terms of Use are subject to change by RealtyTrac, in its sole discretion, at any time, without prior notice to you. Your continued access to or use of the Site or the Services after such changes have become effective constitutes your conclusive acceptance of the modified Terms of Use.
Upon registration as a Member, you self select a username and password. It is your responsibility to maintain the confidentiality of that username and password, as you will be responsible for all activity transacted under that username and password through the Site. If you believe your username or password has been compromised, you should change them immediately via the Site and contact Customer Service at 1-800-905-1648.
The content of the Site, including without limitation, its "look and feel" (e.g., text, graphics, images, logos, and button icons), editorial content, data, information, notices, software (including HTML or XML-based computer programs) and other material (collectively, the "Content"), are protected under both United States and foreign copyright, trademark, and other laws. The Content belongs or is licensed to RealtyTrac. We hereby grant you the right to view and use the Site subject to these Terms of Use. You may download or print a copy of Content for internal use only. Permission to reprint or electronically reproduce any Content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
Member grants to RealtyTrac an unlimited, unrestricted, irrevocable, perpetual and royalty-free license to publish and display, in accordance with applicable law, all, part or a modified version of any information, data or other content that Member provides via the Site or any other RealtyTrac-controlled or sponsored website or RealtyTrac-controlled or sponsored publications and services ("Member Content"). Furthermore, any Member who posts Member Content on the Site or any RealtyTrac-controlled or sponsored website, including without limitation, properties for sale, hereby grants to RealtyTrac the right to distribute, by e-mail or otherwise, all, part or a modified version of such Member Content to any third party, including any media RealtyTrac may deem advisable in its sole determination for marketing purposes.
If you believe any Content infringes your copyright rights, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the photograph that you claim is infringing and where it is located on the Site; (4) your address, telephone number, and email address; (5) 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; (6) 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. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: General Counsel, Attom Data Solutions LLC.,One Venture Plaza, Suite 300, Irvine, CA 92618.
RealtyTrac allows Members through the Site to submit requests for Services to independent third-party real estate brokers and agents ("Professional Service Providers"), as well as third-party providers of related services, including but not limited to mortgage, moving, and magazine services (providers of such services and Professional Service Providers collectively, "Service Providers"). Members who make such requests to Service Providers hereby agree to supply RealtyTrac with information about themselves and the property they want to sell or hope to buy, and hereby permit RealtyTrac to provide some or all of this information to third parties. As RealtyTrac uses e-mail and telephones to provide the Services, all RealtyTrac Members hereby consent to receiving e-mails and telephone calls from RealtyTrac to qualify for, participate in, and otherwise receive the Services. Some of the telephone numbers listed on the Site may be routed through a third party service ("Telephone Calling Service"). Telephone calls made to Attom Data Solutions LLC. or through the Telephone Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that Member makes a telephone call to Attom Data Solutions LLC. directly, or to Service Providers through the Telephone Calling Service, Member consents to such recording and monitoring. Member also consents to receiving e-mails and telephone calls from Service Providers and other third parties, as Member's requests for Services may require services from such third parties.
Member affirms that all of the information Member provides to RealtyTrac, whether through the Site or otherwise, is accurate and complete. Member also agrees to update RealtyTrac with current and accurate information, if at any time the information Member provides to RealtyTrac changes.
RealtyTrac may from time to time offer eligible Members promotional opportunities, such as alternative membership products, training courses and publications. Not all Members may be eligible to receive all promotional opportunities.
The fee to register as a Member on the Site is normally assessed on a monthly basis, but other billing arrangements may be made available to Members, in RealtyTrac's sole discretion. The membership fee is calculated from the day upon which Member's paid membership commences. Member agrees that if Member applies for a seven (7) day free trial membership ("Trial Membership") and does not cancel such Trial Membership, Member authorizes RealtyTrac to convert the Member's Trial Membership into a regular paid membership for the term selected, effective seven (7) days, or one hundred sixty-eight (168) hours following Member's initiation of the Trial Membership.
Upon registration for the Trial Membership, Member shall provide a valid credit card number, and authorizes RealtyTrac, at its discretion, to verify the account is valid by processing a minimal charge which will be instantly refunded to the credit card charged.
Member hereby authorizes RealtyTrac to charge Member's credit card, debit card or bank account, in advance, for the amount of Member's regular membership fee for each agreed term of the Member's selected membership term. Member hereby authorizes RealtyTrac to modify the term membership fee charged to Member upon thirty (30) days notice to Member sent by e-mail to the address provided on registration. The membership fee, when paid, is non-refundable and accrues on the first day of each term or successive renewal term until canceled, regardless of whether or not the Member actually uses the Site, the Services or the Content. Notwithstanding the language in this paragraph, if a membership resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.
From time to time at its sole discretion, RealtyTrac may offer different subscription terms on its Site, and the membership fees for such subscriptions may vary.
The fee for a Member who has opted to make single property purchases is assessed at the time of purchase. The purchase entitles the Member to online access to the property(ies), and that access shall expire thirty (30) days from the day of purchase. Single property purchases are final, and there are no prorations. Refunds or credits may be considered on a case by case basis where it is determined the property data is incorrect or invalid; however, these terms and conditions are generally controlled by the Disclaimers and Limitations set out in Section 9 below.
Various Services and/or Content on the Site, whether offered by RealtyTrac, third-party Service Providers or others, may require additional fees or charges.
The term of Member's access to the Site, Services and Content is based upon Member's express agreement and adherence to these Terms of Use and to Member's fully paid membership and/or other fees. Member's membership to the Site shall be for the initial term (e.g., daily, monthly, quarterly, semi-annually or annually) as may be agreed by Member and RealtyTrac through online registration, telephone order or otherwise, and shall automatically renew for indefinite successive renewal terms for the same period as the initial term or on a month to month basis, depending on agreed upon terms, unless terminated by Member or RealtyTrac in accordance with the provisions of these Terms of Use. However, if Member accepts a special or introductory promotional offer for a membership, then at the conclusion of the initial term specified in such special introductory promotional offer, the membership shall automatically renew and Member hereby authorizes RealtyTrac to charge Member's credit card or bank account in advance on a month-to-month basis for indefinite successive renewal terms at the then prevailing regular published monthly retail rate at the time of such renewal until terminated in accordance with the provisions of these Terms of Use.
Member acknowledges and agrees that NO refund, offset or credit will be given for any cancellation of a special introductory promotional offer membership or for subscription downgrades. If Member registers for a free Trial Membership, Member agrees to be enrolled into a pre-paid month-to-month membership at the end of the free trial period if Member has not canceled the Trial Membership prior to the expiration thereof.
Either RealtyTrac or Member may cancel Member's membership at any time for any reason (unless otherwise stated in an applicable promotional offer). In the event of termination by Member or by RealtyTrac, all fees due to RealtyTrac up to the end of the then-current term billing cycle at time of termination shall remain payable to RealtyTrac unless otherwise specifically stated in an applicable promotional offer.
All members may terminate membership by telephoning a cancellation request to 800-670-2181 during the business hours of 7:00 AM to 4:00 PM Pacific Time, Monday through Friday.
RealtyTrac reserves its right to terminate or suspend access to the Services and the Content to any Member whose information RealtyTrac believes, at RealtyTrac's sole discretion, to be inaccurate or misleading.
If at any time RealtyTrac believes, in its sole discretion, that the Member has violated any provision of these Terms of Use, RealtyTrac may immediately terminate Member's membership and all other Services without any right of Member to a refund or other remedy, and all fees due to RealtyTrac up to the end of the then-current billing cycle at the time of such termination shall remain payable to RealtyTrac. Such termination will not limit any other right by RealtyTrac under contract, tort or any other legal theory to pursue any claim or cause of action against the Member for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney's fees and court costs.
The Services and the Content are and shall remain the sole and exclusive property of RealtyTrac. Member shall have
only the limited rights with respect to the Services and the Content as expressly granted in these Terms of Use, and
all rights not expressly granted herein are reserved by RealtyTrac. Member acknowledges and agrees that only RealtyTrac
shall have the right to alter, maintain, enhance or otherwise modify the Services and the Content. Member shall not
disassemble, decompile, manipulate or reverse engineer the Services or the Content, and shall take all necessary steps
to prevent such disassembly, decompiling, manipulation or reverse engineering of the Services or the Content.
Under no circumstances shall Member sell, license, publish, display, copy, distribute, or otherwise make available the
Services or the Content in any form or by any means, including without limitation the transfer to a third party, except
as expressly permitted in these Terms of Use. Member will take all reasonable steps to protect the security of the
Services and the Content, and to prevent unauthorized use or disclosure thereof. Member is responsible for all access
to and use of the Services and the Content by means of Member's equipment or under Member's user ID and password,
whether or not Member has knowledge of or authorizes such access or use. Member shall be responsible for maintaining
the confidentiality of all assigned user IDs and passwords, and Member shall be responsible for all charges relating
to the use of such user IDs and passwords, whether or not authorized by Member.
RealtyTrac reserves the right to modify or to discontinue any and all Services and/or Content or any portion or
attribute thereof, with or without notice to any Member. RealtyTrac shall not liable to any Member in the event
that RealtyTrac exercises its rights under this Section.
RealtyTrac attempts to ensure that the Content is accurate and reliable; however, errors sometimes occur. RealtyTrac
does not guarantee the accuracy of the Content and advises you independently to verify the accuracy of the information
provided. We make no guarantee, whether express or implied, that you will find a real estate listing that meets your
specifications. In addition, RealtyTrac may make changes and improvements to the Content at any time. RealtyTrac makes
no representation or warranty as to the quality or qualification of any Service Provider referred to Member, and is
not responsible or liable for any acts or omissions created or performed by such Service Providers.
THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." REALTYTRAC AND ITS SUPPLIERS
(INCLUDING PARTICIPATING LENDERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE
PROVIDERS) DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATEVER RELATING TO THE
SITE, THE CONTENT AND THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE CONTENT IS UP-TO-DATE, ACCURATE OR
COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT
THE SITE, THE SERVICES AND THE CONTENT WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN
HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
BY MEMBER'S USE OF THE SERVICES, THE CONTENT OR THE SITE, MEMBER AGREES AND ACKNOWLEDGES THAT MEMBER'S USE OF THE
SERVICES, THE CONTENT AND THE SITE IS AT MEMBER'S OWN RISK. NEITHER REALTYTRAC NOR ITS SUPPLIERS ARE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE CONTENT OR THE USE OF THE SERVICES OR THE SITE, OR WITH DELAY OR INABILITY TO USE THE SITE,
WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT THE MEMBER
KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
If you are a California resident, you waive California Civil Code § 1542, which says "A general release does not
extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing
the release, which if not known to him or her must have materially affected his or her settlement with the debtor."
TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO
EVENT SHALL REALTYTRAC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR: (A) THE GREATER OF
LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF MEMBERSHIP FEES ACTUALLY PAID BY MEMBER WITHIN THE TWELVE MONTHS PRIOR
TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.
As a condition of use of the Site or Services, Member hereby agrees to indemnify RealtyTrac (including its affiliates and the officers, directors, employees, and agents of each of same) and its suppliers (including distributors or other Service Providers) and other Members from and against any and all liabilities, expenses (including attorneys' fees) and damages resulting from claims arising out of or relating in any way to Member's posting of Member Content or use of the Services or the Site (including but not limited to infringement of third parties' intellectual property rights or negligent or wrongful conduct), including without limitation, any claims alleging facts, that if true, would constitute a breach by Member of these Terms of Use.
You agree to comply with all applicable laws, statutes, ordinances, and regulations in connection with your use of the
Site.
The Services may be subject to United States export controls and may not be accessed or used by: (1) a national or
resident of Cuba, Sudan, North Korea, Iran, Syria, or any other country subject to United States embargo that makes
provision of Services through this Site unlawful; or (2) any person or entity identified on the U.S. Treasury
Department's list of Specially Designated Nationals or any other list that prohibits the provision of Services through
this Site. You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under
the control of any such country or on any such list.
Member agrees that any claim or controversy arising out of or relating to the use of the Site, the Services or the
Content, or to any acts or omissions for which the Member may contend RealtyTrac is liable, including but not limited
to any claim or controversy ("Dispute"), shall be finally and exclusively settled by arbitration in Orange County,
California. Such arbitration shall be held before one arbitrator under the commercial arbitration rules of the
American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the
AAA rules. In any arbitration, RealtyTrac will pay the filing fee, plus the costs associated with the first day of
arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration
process, a party must make a written demand therefor. Any judgment upon the award rendered by the arbitrator may be
entered only in a state or federal court located in Orange County, California, and Member agrees to submit to the
jurisdiction of such court for that purpose. Member and RealtyTrac agree that the arbitrator shall have limited
authority to award damages such that the arbitrator shall not have the power to award damages in excess of those
permitted under these Terms of Use and in no event more than actual compensatory damages. The agreement to arbitrate
shall not be construed as an agreement or consolidation of arbitration under these Terms of Use with arbitration of
disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THESE TERMS OF USE PROVIDE THAT ALL DISPUTES BETWEEN THE MEMBER AND REALTYTRAC WILL BE RESOLVED BY BINDING ARBITRATION
IN ORANGE COUNTY, CALIFORNIA. THE MEMBER THUS GIVES UP THE MEMBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE
MEMBER'S RIGHTS. THE MEMBER ALSO GIVES UP THE MEMBER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AND TO SERVE AS
A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH A DISPUTE. THE MEMBER'S RIGHTS
WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE MEMBER AND REALTYTRAC RETAIN THE RIGHT TO
PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE TO SUBMIT EXCLUSIVELY TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS
LOCATED IN ORANGE COUNTY, CALIFORNIA, FOR THAT PURPOSE.
You also acknowledge and understand that, with respect to any Dispute, in the event we incur attorney fees or expenses
in connection with the collection of sums owed to us by you under these Terms of Use, we shall be entitled to recovery
of those fees and expenses from you.
These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict or choice of laws principles. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.