Terms and Conditions of Use

The following Terms and Conditions of Use (the "Agreement") constitutes an agreement between you and Realty Bargains, Inc., ("Realty Bargains"), operator of realtybargains.com and(the "Website"). By using the Website, you agree to be bound by and accept the terms of this Agreement.

Realty Bargains may alter the terms of this Agreement from time to time with prior notice to you. No alteration of this Agreement by you will be binding upon Realty Bargains except as expressly agreed in writing signed by an authorized agent of Realty Bargains.

Please read this Agreement carefully. This Agreement limits Realty Bargains's liability and may substantively affect your rights.

1. Use of the Website

Permitted Use of the Website - Use of and access to the Website is limited by the terms of this Agreement.

You agree:

  • Not to use any robot, spider, scraper or other automated means to access the Website for any purpose without Realty Bargains express written permission.
  • Not to take any action that imposes, or may impose in Realty Bargains sole discretion, an unreasonable or disproportionately large load on Realty Bargains servers or other infrastructure, or to interfere or attempt to interfere with the proper operation of the Website or any activities conducted on the Website.
  • Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website, including but not limited to "framing" Website content within another site, except for your own reasonable personal use, without the prior express written permission of Realty Bargains.
  • To use the Website only for lawful purposes, and to comply with all applicable laws and regulations in connection with your use of the Website.
  • Use of User Accounts - Access to certain areas of the Website, and content and services contained therein, requires the creation of a User Account having a unique user name and password. Without limiting the foregoing, you may not share your username and/or password for your User Account with any party for purposes of allowing such party to access the Website using your User Account. You are responsible for all activities of persons using your User Account to access the Website, including but not limited to such person's compliance with the terms of this Agreement.
  • Termination of Use - Realty Bargains may at its sole discretion terminate or limit your use of the Website for any reason, including without limitation for any violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in Realty Bargains sole opinion adversely impacts the operation of the Website. Realty Bargains may so terminate or limit your use of the Website without prior notice to you. If such termination or limitation is for reasonable cause, Realty Bargains will not be obligated to refund any fees paid by you.
2. Listings

Realty Bargains publishes information obtained from third parties regarding real estate and real property being offered for sale, auction and the like ("Listings"). Realty Bargains is not affiliated with any party providing Listings, is not involved in any transactions between users of the Site regarding Listings, and acts only as a venue for Listings. Realty Bargains does not warrant the truth or accuracy of Listings contained on the Site.

Realty Bargains uses its best efforts to ensure the accuracy of all information not contained in Listings ("Non-Listing Content") that is provided by Realty Bargains. You agree to release and hold harmless Realty Bargains for any damages arising out of false or inaccurate content contained on the Site, whether such content is contained in Listings or Non-Listing Content.

3. Services

Services Generally - Realty Bargains may provide services in connection with the Website. Realty Bargains will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless Realty Bargains for any damages arising out of your use of the Website, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Website.

Bulk Email Services - Realty Bargains, as an Internet Access Service, may provide you with bulk email services which permit you, as Sender, to initiate bulk email transmissions. You agree to comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, 15 U.S.C. § 7701 et seq., and to indemnify and hold harmless Realty Bargains for any damages arising out of your use of bulk email services.

4. Fees for Content and Services

Pay Per Use Content - You may incur access fees for accessing certain content ("Pay Per Use Content") provided by Realty Bargains. The fees for Pay Per Use Content will be conspicuously posted, and you will not be allowed to access any Pay Per Use Content without first approving such fees. You agree to pay Realty Bargains all fees charged by Realty Bargains for Pay Per Use Content you elect to access.

Subscription Based Content - Certain site content may be accessed through one or more paid subscriptions ("Subscription Based Content"). The scope of Subscription Based Content and associated fees will be provided during the subscription sign-up and purchase process. By purchasing Subscription Based Content, you agree to pay Realty Bargains all subscription fees on a recurring basis, and authorize Realty Bargains to process payment of such fees in the same manner as you selected when you initiated such subscription until you cancel such subscriptions in accordance with the terms of such subscription.

Pay Per Use Services - You may incur access fees for utilizing certain services ("Pay Per Use Services") provided by Realty Bargains. The fees for Pay Per Use Services will be conspicuously posted, and you will not be allowed to use any Pay Per Use Services without first approving such fees. You agree to pay Realty Bargains all fees charged by Realty Bargains for Pay Per Use Services you elect to use.

Subscription Based Services - Certain Services may be accessed through one or more paid subscriptions ("Subscription Based Services"). The scope of Subscription Based Services and associated fees will be provided during the subscription sign-up and purchase process. By purchasing Subscription Based Services, you agree to pay Realty Bargains all subscription fees on a recurring basis, and authorize Realty Bargains to process payment of such fees in the same manner as you selected when you initiated such subscription until you cancel such subscriptions in accordance with the terms of such subscription.

NOTE: Late payments that are overdue past two weeks are subject to collection.

5. Cancellation of Subscriptions and Cancellation Policy

a) You can request to cancel your subscription at any time via your Account Info page available at the "My RB" link after logging in to your account. You could also do this by requesting such cancellation by emailing us at support@realtybargains.com. Please note that in order to avoid misrepresentation and/or miscommunication, we do not entertain cancellation requests by phone or voice messages.

b) Your cancellation will become effective upon the conclusion of the subscription period in effect when your cancellation request is processed.

c) There will be no further charges to your account after the date of cancellation.

d) Realty Bargains will not refund any subscription fees paid by you prior to the effective date of cancellation. However, if you decide to cancel before the end of your billing cycle, you will continue to have access to our listings till the end of your billing period.

e) Please note that you are charged from month to month and we do not pro-rate the monthly subscription fee.

f) RealtyBargains does not offer refunds for Realtors who advertise with our agent network program, once the purchase is made all sales are final.

5.1 Cancellation of offers with Free Trial

a) In case of offers with 7 day free trial, If you cancel your subscription within the first 7 days or 168 hours of signing up for the 7 day Trial, you will not be charged. After the 7 day trial, the applicable monthly subscription fee will be charged on a monthly basis till the subscriber cancels membership.

b) Please note that Agent network members are not entitled to any free trial unless specified via a written communication at the time of registration. Agent network members can request for cancellation as stated under 5 (a) above.

c) Please note that the 7 day free trial ends exactly 168 hours from the time of registration. For example, if you registered on July 1, 2009 at 11:00:00 AM CST, your free trial ends on July 8, 2009 at 11:00:00 AM CST. If you do not cancel your membership within this period, your free trial will automatically be converted to a paid membership account from July 8 2009, 11:00:01 AM CST on a monthly basis till we receive a cancellation request from you.

d) The 7-day free trial is inclusive of Saturdays, Sundays and all holidays. If you do not cancel within the free trial period you will/can be billed after the very second your free trial expires - irrespective of the fact that it falls on a holiday or not.

e) If you cancel within the Free Trial period, you will not be charged at all. When we receive such a cancellation request from you, the applicable amount which is under 'hold' on your account will be released.

f) You are entitled to only ONE free trial. Please note that you will automatically be billed if you sign up for a free trial again (after cancellation).

5.2 Cancellation Confirmation

a.a) If you cancel online, a 'Cancellation Accepted' email will be emailed to the email address that you had used to register with us. You should receive the email within a few minutes of canceling online. For your records, please keep a copy of this email at all times.

a.b) Please note that if you do not receive the 'Cancellation Accepted' email within an hour of cancellation, then it means that your cancellation did not go through. You can try to cancel your account online again or contact support at 516-216-4166 or email support@realtybargains.com for assistance. (Please note that in case of all email communications to you, if by any chance you don't find our email(s) in your Inbox, please check your Spam / Junk email folder)

b.a) If you request for cancellation via an email to support@realtybargains.com, your request will be processed within 2 business days. For your records, please keep a copy of the email that you sent to support@realtybargains.com.

b.b)We will not entertain any cancellation dispute without a copy of the cancellation request email that you sent to support@realtybargains.com

b.c) A "Cancellation Accepted" email will be emailed to you as soon as the cancellation is processed. If you don't receive such an email, please contact support at 516-216-4166 or email support@realtybargains.com for assistance. (Please note that in case of all email communications to you, if by any chance you don't find our email(s) in your Inbox, please check your Spam / Junk email folder)

6. User Provided Site Content

User Provided Content - Realty Bargains may publish information provided to it by users of the Website ("User Provided Content"). Realty Bargains is not affiliated with any party providing User Provided Content and acts only as a venue for such User Provided Content. Realty Bargains does not warrant the truth or accuracy of User Provided Content. You agree to release and hold harmless Realty Bargains for any damages arising out of false or inaccurate User Provided Content.

Alteration and Removal of User Provided Content - Realty Bargains may alter without prior notice to you any User Provided Content which in its opinion is false, inaccurate or materially misleading on its face or other. Realty Bargains may remove without prior notice to you any material from any User Provided Content which in its sole opinion is profane or offensive to other users of the Website.

License to User Provided Content - You hereby grant Realty Bargains an irrevocable, world-wide, non-exclusive, perpetual license to any information, material or works that you submit to Realty Bargains for publication on the Website, including but not limited to information, materials or works that you submit to Realty Bargains. You are solely liable for the content of any information, material or works that you submit to Realty Bargains, and agree to indemnify and hold harmless Realty Bargains for any damages or actions arising out of such information, material or works you submit.

7. Third Party and Other Content

Third Party Content - Realty Bargains may provide content authored by third parties such as articles, interactive educational content, seminars, interviews, and audio and audio-visual content ("Third Party Content"). The views expressed in Third Party Content are those of the authors of such content and not necessarily of Realty Bargains. Realty Bargains shall not be liable for the truth or accuracy of Third Party Content.

Reliance on Third Party Content - Certain Third Party Content purports to contain strategic, business or other advice, "tips" and/or guidance. Realty Bargains does not endorse any Third Party Content, and shall bear no liability for any damages or other consequences of your reliance on any Third Party Content.

Other Site Content - Realty Bargains may provide additional content which is not Third Party Content or User Provided Content. Realty Bargains will make its best efforts to assure the accuracy of such content. You agree to release and hold harmless Realty Bargains for any damages arising out of your use of or reliance on such content.

8. Offsite Links

The Website may contain links to world wide web content which is not a part of the Website. You agree and acknowledge that Realty Bargains is not responsible for such content.

9. Privacy

Realty Bargains Privacy Policy may be found here . The Privacy Policy forms part of this Agreement, and Realty Bargains may alter the terms of Privacy Policy from time to time in the same manner is may alter the terms of this Agreement.

10. Realty Bargains Intellectual Property

The Website contains intellectual property protected under applicable state and federal law. You agree not to violate any valid intellectual property rights in connection with your use of the Website. "Realty Bargains" and the domain names derived therefrom are trademarks of Realty Bargains Inc. Website Content and Website layout are copyright Realty Bargains Inc. The visual appearance of the Website is protected trade dress of Realty Bargains Inc.s under 15 U.S.C. § 1125 et seq.

11. Rights Of Intellectual Property Owners

Realty Bargains respects the intellectual property rights of others, and operates the Website in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.. Owners of intellectual property rights, including but not limited to rights in the nature of trademark, patent or copyright ("Rights Owners"), who believe your User Provided Content or other content you provide infringe their intellectual property rights may request that Realty Bargains remove your User Provided Content or other content you provide the Website. Upon receiving a valid request from such an owner, Realty Bargains will remove the allegedly infringing User Provided Content or other content you provide and notify you in accordance with 17 U.S.C. § 512. Upon receiving a notification pursuant to the preceding paragraph, you may counter notify Realty Bargains.

12. Warranties

REALTY BARGAINS HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE WEBSITE.

13. Dispute Resolution

Any dispute arising out of use of the Website or this Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of the State of New York and agree not to bring any action against Realty Bargains in any other jurisdiction. Nothing in this Agreement shall limit the rights of Realty Bargains to initiate an action against you in any other jurisdiction where such jurisdiction may be properly exercised.

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