Terms and Conditions


Effective August 21, 2008

Renwood RealtyTrac LLC.
One Venture Plaza, Suite 300
Irvine, CA 92618
support@BankHomesDirect.com


Definitions:

Bank Homes Direct is an online service provided by Renwood RealtyTrac LLC. (hereafter known as "RealtyTrac").

By using this web site, you become a "User." RealtyTrac, through the Bank Homes Direct web site, offers services to you, the User, conditioned on your agreement to adhere to the following Terms of Use without modification by you of any kind.

User's use of the Bank Homes Direct web site and/or the User's request for goods and/or services through this web site constitutes User's acceptance of these Terms of Use. These Terms of Use are subject to change by the web site owner, in its sole discretion, at any time, without prior notice. Use of the web site is subject to the most current version of the Terms of Use posted on the web site at the time of use.

Based upon the User's agreement to adhere to these Terms of Use, and/or use of this web site, RealtyTrac grants and conveys to the User, during usage of the web site, during the term of any free trial membership, during the term of any paid membership and/or at any time following the date the User becomes a registered user, a non-exclusive, non-transferable license to use the data, information and services provided through the web site subject to the License Restrictions detailed below.

License Restrictions

User represents, warrants, affirms and agrees that the data, information and services provided by/through this web site to User will only be used by User exclusively for User's own personal use and that User will not permit or allow the data, information and services to be used by an agent, representative, consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity. User further represents, warrants, affirms and agrees that User will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by/through this web site to User in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:

  1. Use other than User's own personal use, i.e. no commercial purpose or use is permitted;
  2. Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party;
  3. Marketing or telemarketing uses;
  4. World Wide Web, Internet or online uses;
  5. Real estate valuation models, programs or systems;
  6. Inclusion or in combination with any other software, data, database, information service or product of any kind;
  7. Extracting, selecting or drawing out any data element for any use;
  8. Real estate appraisal;
  9. Credit evaluation and/or supporting;
  10. Evaluating risk or marketing/sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;
  11. Debt collection; and/or
  12. Marketing or sale of legal goods and/or services of any kind, including but not limited to bankruptcy or real estate title/lien history.

Proprietary Rights

User represents, warrants, affirms and agrees that the data, information, services and Bank Homes Direct name are proprietary information and property of Renwood RealtyTrac LLC, its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. User's usage of this web site, even as a member, only allows limited use of the data, information and services subject to the express limitations and restrictions provided for in these Terms of Use.

Consequences of Non-Compliance with Terms of Use

At any time that RealtyTrac believes, in its sole discretion, that the User has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use, User's use may be immediately terminated, including any User membership, and User agrees that User's sole remedy for such termination of User's membership shall be to receive a pro-rata refund of the membership fee paid by User for the remaining days of the then current term of prepaid fees. Nothing stated herein shall limit RealtyTrac's right to pursue all claims and causes of action it may have against the User for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney's fees and court costs.

Term Period of User Access

The term of User's access is based upon User's express agreement and adherence to these Terms of Use and to User's fully paid membership fees associated with members when applicable. All paid membership shall be for the agreed upon term (e.g. monthly, quarterly, semi-annually or annually) and shall automatically renew for indefinite successive renewal terms for the same period as the initial term unless terminated by User or RealtyTrac. However, if the User accepts a special introductory promotional offer for a membership or a multi-month discounted membership, then at the conclusion of the specific initial term of the special introductory promotional offer term or multi-month discounted membership, the membership shall automatically renew on and User agrees and authorizes RealtyTrac to charge User's credit card or bank account on a pre-paid basis for a month-to-month basis for indefinite successive month-to-month renewal terms at the then prevailing regular published monthly retail rate at time of renewal until terminated in accordance with the provisions of these Terms of Use. User agrees that there is NO refund, offset or credit that will be given for any cancellation of a special introductory promotional offer membership or a multi-month discounted membership. If User registers for a free trial, User agrees to be rolled into a pre-paid month-to-month membership at the end of the free trial period, if User does not cancel the free trial prior to the expiration. The User agrees and authorizes RealtyTrac to process a charge to the User's credit card or checking account provided by User during User's registration or User information update process to prepay User's membership. The initial term begins at the end of the free trial period, unless the User cancels within the free trial period.

Termination

RealtyTrac reserves the right to cancel services provided on Bank Homes Direct to any User at any time, in RealtyTrac's sole discretion. The User may cancel the User's usage or membership at any time. 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 provided to the User in a related specific promotional offer.

The User may terminate the membership contract by one of five ways:

  1. Online using the "Edit My Profile" feature in the My Bank Homes Direct section of the web site, accessible to the User who has a membership upon login.
  2. By e-mailing a cancellation request to e-mail support@bankhomesdirect.com at least five (5) days prior to the desired cancellation date.
  3. By telephoning a cancellation request to phone 877.297.3067 during business hours of 8am to 5pm PST Monday through Friday. User acknowledges and agrees to be charged or billed a $5 dollar service and processing fee for all cancellations processed via telephone.
  4. By faxing a cancellation request to fax 949.861.9413 at least five (5) days prior to the desired cancellation date.
  5. By mailing a cancellation request at least ten (10) days prior to the desired cancellation date to Renwood RealtyTrac LLC, One Venture Plaza, Suite 300, Irvine, CA 92618.

Survival of Terms

The License Restrictions and Proprietary Rights described herein survive any termination of this Agreement, Term of Use and/or any User's use, membership or subscription to this web site.

User Services

RealtyTrac allows Users to submit requests on Bank Homes Direct for service to independent third-party real estate and other related goods/services providers. User hereby agrees to supply RealtyTrac with accurate information about User, the goods/services User is interested in and/or the property User wants to sell or hopes to buy. RealtyTrac will use this information to provide certain details on an anonymous or non-anonymous basis to third-party affiliates who are, in most cases, members of its network. As RealtyTrac uses e-mail and telephones to provide RealtyTrac goods/services, all Bank Homes Direct Users hereby consent to receive e-mails and telephone calls from RealtyTrac to qualify for and participate in RealtyTrac goods/services. By your use of this web site, User consents to receive e-mails and telephone calls from third party affiliates, as Bank Homes Direct User's submitted service requests to and/or through Bank Homes Direct may require services from these third parties.

User affirms that all of the information User provides to RealtyTrac, whether online at BankHomesDirect.com or otherwise, is accurate and complete. User hereby agrees to update RealtyTrac with User's current and accurate information, if at any time the information User provided to RealtyTrac changes. RealtyTrac reserves its right to terminate or suspend access to Bank Homes Direct goods/services to any User whose information RealtyTrac believes, at RealtyTrac's sole discretion, to be inaccurate or misleading.

RealtyTrac may refer Professional Service Providers, mortgage lending, or other related "services" to Users, but RealtyTrac does not engage in real estate broker services. Real Estate brokerage activities are performed by local Professional Service Providers, mortgage lenders, or other related "service provider" that have been referred to Users by RealtyTrac. The terms of any agreement between a Professional Service Provider and/or mortgage lending institution and RealtyTrac are not endorsed, recommended or otherwise known to or by RealtyTrac.

For its goods/services and referrals, RealtyTrac may receive payment from Service Providers. Your use of this web site and your use of RealtyTrac services constitutes User's acknowledgment of and agreement to this compensation arrangement. RealtyTrac may from time to time offer eligible Users promotional opportunities. Not all Users may be eligible to receive all promotional opportunities.

Other Service Providers

From time to time RealtyTrac may include on its web sites third-party service providers such as, but not limited to, moving, magazine, coaching or a mortgage service provider. RealtyTrac posts these services on its web sites as a service to its Users. RealtyTrac is not responsible for and makes no warranty or representation as to the quality or performance of the services offered by or through these other service providers. It is the User's responsibility, and RealtyTrac encourages this for all Users, to independently investigate the qualifications of each service provider and to carefully review each service provider offering prior to entering into any engagement.

RealtyTrac is not responsible or liable for any acts or omissions created or performed by these other Service Providers. RealtyTrac's web sites may contain links to web sites maintained by third-party Service Providers. Such links are provided for User convenience and reference only. RealtyTrac does not operate or control, in any respect, any information, software, products or services available on such web sites. RealtyTrac's inclusion of a link to such web sites does not imply any endorsement, warranty, guarantee or recommendation of these web sites, contents, products or services of the sponsoring organization.

Third-Party Content and Screening

RealtyTrac is a data aggregator of content supplied by third parties, Users and/or members and Professional Members and as such does not have editorial control over the opinions, advice, statements, services, offers or other content provided, expressed or implied by third parties, including other Users of Bank Homes Direct. RealtyTrac reserves the right, but is not obligated, to screen and review any content provided to Bank Homes Direct and remove or edit any content, if it does not comply with laws, rules or regulations, or for any other reason RealtyTrac deems relevant.

Modification of RealtyTrac Services

RealtyTrac reserves the right to modify or discontinue any service, portion or attribute thereof, and the offering of any information, goods, content or product, with or without notice to any User. RealtyTrac shall not be liable to any User in the event that RealtyTrac exercises its right to modify or discontinue any service.

A. PAYMENT OF CHARGES

RealtyTrac primarily charges a monthly membership fee, but other term time periods are available. The membership fee is calculated from the first day of the term (usually monthly, but can include three month, six month, yearly, etc.) that the User's paid membership commences. The User agrees that if the User applies for the seven (7) day free trial membership and does not cancel the trial membership before the expiration of the seven (7) day free trial membership, the User authorizes RealtyTrac to convert the User's trial membership into a regular monthly membership or other term membership for the term they selected effective on the seventh (7th) day, or 168 hours following the User's initiation of the seven (7) day trial membership. The User authorizes RealtyTrac to, and the User agrees that RealtyTrac may, charge to the User's credit card, debit card or bank account, in advance, the User's regular membership fee for each agreed upon term of the User's selected membership term. The User authorizes RealtyTrac to, and the User agrees that RealtyTrac may, modify and/or change the term membership fee charged to the User upon thirty (30) days notice to the User sent by e-mail. The term membership fee, when paid, is non-refundable and accrues on the first day of each term and/or successive renewal term until canceled, regardless of whether or not the User accesses or makes any use of this web site or database. Notwithstanding the language in this paragraph, if the membership resulted from a special introductory promotional offer, then the terms of that specific promotional offer shall control.

B. On Time Payment

The User is required to pay all charges on time and agrees to submit an accompanying payment authorization in connection with these charges when requested by RealtyTrac. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. RealtyTrac may terminate or disable the User's participation in RealtyTrac services if the User fails to pay fully and in a timely manner all amounts due to RealtyTrac. If the User's credit card expires or is otherwise declined for payment, access to RealtyTrac services and its web sites can be modified or suspended without notice to the User. If any User payment is more than thirty (30) calendar days past due, interest pro-rated daily, at the rate of 15 percent per annum on the outstanding balance, or the maximum allowable by law, whichever is less, shall accrue, and the entire amount of unpaid charges and/or any other outstanding balance (if any), plus this assessment, will become immediately due and payable. The User shall pay all costs of collection, including legal fees, incurred by RealtyTrac. The User is responsible for any premium charges incurred in connection with the use of information, content, goods, products or services that are provided at an extra cost. All fees are quoted and payable in United States Dollars. The User is also responsible for paying all applicable taxes for information, content, goods, products or services and any other costs incurred in connection with the use of or access to RealtyTrac and its web sites.

C. Payment Methods

The User's complete billing address and telephone number must be provided to process payments. RealtyTrac accepts major credit cards including Visa, MasterCard and American Express and may accept bank drafts, including personal checks, money orders, cashiers checks, and company checks. However, for non-credit card payment methods, RealtyTrac does not offer a 7-day free trial and may not credit the applicable account until additional procedures are completed and after RealtyTrac's bank certifies receipt of funds — typically ten (10) business days. RealtyTrac may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.

D. Account Discrepancies

A User may contact the Bank Homes Direct Customer Service Department by e-mail at support@bankhomesdirect.com or telephone at 877.297.3067 concerning charges or other questions regarding the status of the User's account. However, if the User's account questions are not satisfactorily resolved within fifteen (15) business days of User's calling or sending an e-mail, and in no event later than ninety (90) days after a questionable account billing or other discrepancy should have been or could have been reasonably discovered, the User must write to the Customer Service Department, RealtyTrac, One Venture Plaza, Suite 300, Irvine, CA 92618, delivered by United States mail or by fax to 949.861.9413. Otherwise, any and all such User complaints are waived by User.

DISCLAIMERS AND LIMITATIONS

RealtyTrac does not guarantee the accuracy of the information contained in this web site and instructs you to independently verify the accuracy of the information provided. Errors may occur as a result of human and/or mechanical error in any phase of the preparation, filing, aggregating and/or transcribing of the public records from which RealtyTrac receives and ultimately presents the information on the RealtyTrac web sites. In addition, RealtyTrac may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." REALTYTRAC, AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND SERVICE PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE USER'S USE OF REALTYTRAC'S SERVICES, THE USER AGREES AND ACKNOWLEDGES THAT THE USER'S USE OF ALL REALTYTRAC INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH REALTYTRAC AND/OR ITS WEB SITES IS AT THE USER'S OWN RISK. REALTYTRAC AND/OR ITS SUPPLIERS AND PROVIDERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF REALTYTRAC'S SERVICES OR WITH THE DELAY OR INABILITY TO USE ITS WEB SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE USER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES AND EVEN IF REALTYTRAC AND/OR ITS SUPPLIERS KNOW, SUSPECT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE USER, IF THE USER RESIDES IN SUCH A JURISDICTION.

INDEMNITY

As a condition of use of RealtyTrac web sites, the User agrees to indemnify RealtyTrac and its suppliers, distributors, participating Lenders, Professional Service Providers or other Service Providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from User's use of RealtyTrac's services, including without limitation, any claims alleging facts that, if true, would constitute a breach by User of this Agreement by the User.

DISPUTE RESOLUTION

The User agrees that any claim or controversy, arising out of or relating to the use of RealtyTrac services, information, content and data displayed on the RealtyTrac web sites; the goods or services provided by RealtyTrac, or to any acts or omissions for which the User 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. The 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. Should no AAA rule regarding the selection of an arbitrator be in effect, the User shall select an arbitrator from a panel of arbitrators acceptable to RealtyTrac. 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 being paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a court of competent jurisdiction in Orange County, California. User 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 actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN THE USER AND REALTYTRAC WILL BE RESOLVED BY BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA. THE USER THUS GIVES UP THE USER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE USER'S RIGHTS. THE USER ALSO GIVES UP THE USER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. THE USER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE USER AND REALTYTRAC RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE THAT SUCH CLAIMS FOR INJUNCTIVE RELIEF MAY ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN ORANGE COUNTY, CALIFORNIA.

OTHER TERMS

These Terms of Use shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of these Terms of Use are 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 the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to this Agreement 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.