The content, products and services offered at www.realtybusinessservices.com (the "Web Site"), is provided by Custom Search Services (the “Company”) located as shown on the Contact Us page on the Web Site. By visiting the Web Site and/or using the services offered through Web Site, the user ("User") agrees to be bound by these Terms and Conditions and that such agreement constitutes a binding contract (the “Agreement”) between User and Custom Search Services regarding the Web Site, contents, products and services offered there. If User does not wish to be bound by these Terms and Conditions, the User should not visit or use the Web Site or use the content, products services offered there.
Company reserves the right to change these Terms and Conditions from time to time at its sole discretion. In the case of any violation of the Terms and Conditions, Company reserves the right to seek all remedies available by law and in equity for such violations. These Terms and Conditions apply to all visits to the Company Web site, both now and in the future.
General Disclaimer
Although Company has made reasonable efforts to place accurate information on this Web site, Company assumes no responsibility for the accuracy of the information. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE COMPANY PROVIDES THIS WEB SITE, CONTENT, PRODUCTS AND SERVICES "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. COMPANY FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT COMPANY OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS WEB SITE ITS CONTENT, PRODUCTS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE. THIS PROVISION IS SUBJECT TO POSSIBLE LIMITATION UNDER STATE LAWS.
Indemnification
User agrees to indemnify and hold harmless Company, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.
Restrictions on Use of Material
The use of the Web Site, its products and services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information available on the Company Web site or on any other co-branded Web site, by any user in any capacity, is strictly prohibited and a material condition to the use of the Company site. Data mining, screen scraping, downloading or any other activity designed to obtain, re-use, reformat, re-sell the information contained within the Company or co-branded Web sites in a commercial manner is strictly prohibited. Company reserves the right to immediately terminate any account that is being used in such activity. The reposting, manipulation, display or other Web-based presentation of data obtained through the Company Web site on the Internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any subscriber is determined to be engaged in any activities prohibited in this section, Company may seek injunction in any court located in Los Angeles County, California or the United States District Court for The Central District of California. And, the subscriber through the use of this site consents to the jurisdiction of said courts and shall and agrees to be liable for all attorneys fees incurred as the result of any enforcement of any injunction for legal action related to any wrongful action referenced herein.
Trademarks, Service Marks, & Logos
All trademarks, service marks, logos, or other corporate identifications (collectively, "Marks") on this Web site are trademarks or service marks of Company or another entity. User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other Web site is strictly prohibited without prior written approval by Company.
Code of Behavior
User agrees not to post on the Web Site any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any applicable law. User will not post on this Web site any links to any external Internet sites that are obscene or pornographic. Any information that you provide to Company must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.
Usage of the subject site shall be limited to non-robotic, non-mechanical or other non-artificial/software based. Violation of this use policy subjects the user to immediate termination of service without refund or pro-rated credit for any subscription fee.
By subscribing to the Company service, User agrees not to disclose any assigned access code to others. User also agrees not to distribute the information contained in Company to any person or organization, by any means, electronic or other.
Web Site Offerings
The following type of offerings can be purchased from the Web Site:
Products: Products offered by the Web Site are available as stated in the Product Description associated with each Product and are generally not personalized to the User.
Products are provided to the User in the following two ways:
Downloadable Products: These products are downloadable from the site once purchased. Examples are guides, books, audio, video etc.
Shippable Products: These products are hard goods shipped to the User once purchased. Examples are printed guides and books, CDs, DVD’s or other hard goods
Services: Services offered by the Web Site are available as stated in the Service Description associated with each Service and are generally personalized to each User. The User is required to specify the User’s particular preferences using the Service Request Form for the purchased Service. Services are provided to the User in the following two ways:
Non Recurring Services: These Services are rendered once for each purchase. Once the completed Service Request Form associated with the purchased service is submitted the Company will make its best efforts to fulfill the request as stated in Service Description. Examples of Non Recurring Services are personalized search for jobs, homes, help etc. specific to User's requirements
Recurring Services: Recurring Services are available on a continuing basis. Once the completed Service Request Form associated with the purchased service is submitted the Company will make its best efforts to fulfill the request as stated in Service Description, provided the User stays current with the payment requirements of the specific Service as stated in the Service Description. Examples of Recurring Services are membership to the Web Site, alert services for jobs, homes, or help matching User’s preferences.
Refund and Cancellation Policy
Notwithstanding any other terms in this Agreement, there are no other refunds the Company will make other than those contained in this “Refund and Cancellation Policy” section.
The Company's refunds and cancellation policy is based on what type of product or service was purchased and is as follows:
Memberships:
Memberships are required to use any of the services the Company offers. Memberships require ongoing monthly service subscriptions. With 30 days advance notice, memberships may be cancelled at any time following the procedure stated in the “My Accounts” section of the Site., Cancelling a membership subscription does not entitle the User to refunds on past payments, but stops all further charges by the Company and immediately terminates the User’s account and all associated privileges.
Products Purchased with a One-Time Fee:
1. Downloadable Products: There are no refunds on downloadable products once they are purchased and downloaded.
2. Shippable Products: If the product is damaged in transit, the User is eligible for a full refund of the price paid to purchase the product. User must return product to Company and request a refund as directed below.
3. All Other Services: Products purchased for a one-time fee are ancillary to the monthly membership and expire upon cancellation of the monthly membership. Products purchased for a one-time fee are eligible for a refund if the request is made according to the procedure set forth below:
- User has 24 hours to request a full refund with no questions asked.
- After 24 hours, User must submit the refund request associated with the service within ten (10) days of purchase of the service as described below.
- When User requests a refund within ten (10) days, the amount of refund will be prorated thereby at a charge to the User of ten percent (10%) of the purchase price per day. After ten (10) days, one hundred percent (100%) of the cost customer paid will be absorbed and customer is not eligible for any further refunds.
4. Request for Refund or Cancellation: Unless an electronic means is specified on the "My Accounts" page after User login into the User’s account, all requests for refunds or cancellations have to be made in writing via USPS Certified Mail addressed to the Customer Service address specified on the “Contact Us” page of the Web Site. No refund or cancellation will be made until and unless the Company and the User agree to the request in writing, after which a check will be issued to the User at the User's address on file with the company within thirty (30) calendar days. Note: If User does not follow the cancellation process above, but opens a dispute with their own credit card company to reverse charges instead, the Company will contest all such requests which will delay eventual refunds, if any.
Links to/from Third Party Sites
This Web site contains links to third party sites. User accesses these sites at User's own risk; Company is not responsible for the contents, changes, updates, or other links contained in a linked site. Company provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Company of the site.
Any third party desiring to link to Company must link to Company's homepage located at Company. No one may link to any other page of this Web site without the prior written consent of Company.
Authorization, Credit Cards, Debit Cards
By signing up to the service provided by Company and by providing credit card, debit card or ACH transaction information, the User consents to the billing for services/access provided by Company.
No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Company as a result of Website use.
Governing Law
The contents of this Web site and any claims related to it are governed by the laws of the State of California, without reference to its conflict of laws rules. User consents to the exclusive jurisdiction of the state and Federal courts located in Los Angeles County, California, and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding.
Privacy
Unless specifically noted when the information is obtained, Company does not make available to third parties information that personally identifies its Web Site users. With the exception of: If User linked to this page (or subscription form) from another Web site, information entered here may be disclosed to the owners of such Web site. Other information or ideas that Users transmit to or post on this Web site by any means will be treated as non-proprietary, and may be disseminated or used by Company, its affiliates or the Vendors for any purpose whatsoever. For more detailed information see our Privacy page.
By subscribing to the Company's service, I agree not to disclose my access code to others. I also agree not to distribute the information contained in Company to any person or organization, by any means, electronic or other.
Entire Agreement
The above Terms and Conditions constitute the entire and only agreement between User and Company on the matters described. User understands that User may be subject to further restrictions while using Vendors' Web sites.
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