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Disclaimer of Warranty and Limitations of Liability
(a) eFund Realty makes no express or implied warranties about the reliability of the Material.
(b) eFund Realty hereby disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material, including Material, in this Site. eFund Realty further disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material, including Material in this Site. eFund Realty disclaims any responsibility for any harm resulting from downloading or accessing any information or material, including Material, through this Site. You will bear all risk associated with any content that you access. Your accessing of any content made available by or through eFund Realty and/or third parties is subject to your agreement to this provision and these terms and conditions.
(c) eFund Realty is not involved in the actual creation of any agent profile, and, as a result, eFund Realty has no control over the quality, safety, or legality of the any agent profiles or the truth or accuracy of the agent profiles.
(d) THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. TO THE FULL EXTENT PERMITTED BY LAW, EFUND REALTY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULL EXTENT PERMITTED BY LAW, EFUND REALTY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SITE OR SERVICES. EFUND REALTY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THIS SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THIS SITE OR THROUGH ANY LINKS PROVIDED IN THIS SITE.
(e) YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.
(f) UNDER NO CIRCUMSTANCES SHALL EFUND REALTY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THIS SITE, ANY CONTENT ON THIS SITE OR PRODUCTS AND SERVICES ADVERTISED ON OR ASSOCIATED WITH THIS SITE. UNDER NO CIRCUMSTANCES SHALL EFUND REALTY BE LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF SUCH USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THIS SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE.
(g) UNDER NO CIRCUMSTANCES, THE TOTAL LIABILITY OF EFUND REALTY UNDER THIS AGREEMENT SHALL EXCEED $100.
(h) THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnity
By using this Site you agree to indemnify eFund Realty and its parents, subsidiaries, affiliates, directors, officers, consultants, agents and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of this Site or from your breach of this Agreement.
Links to other Sites
This Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by eFund Realty of the contents on such third-party web sites. eFund Realty has no control over and is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.
Unsolicited Idea Submission Policy
EFUND REALTY GENERALLY DOES NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS TO EFUND REALTY. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN EFUND REALTY'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO EFUND REALTY. THEREFORE, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO EFUND REALTY OR ANYONE AT EFUND REALTY. IF, DESPITE THIS REQUEST THAT YOU NOT SEND EFUND REALTY YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT EFUND REALTY MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Governing Law
All legal issues arising from or related to the use of this Site or this Agreement shall be interpreted and construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of California without regard to conflicts of law principles. By using this Site and agreeing to this Agreement, you consent to personal jurisdiction and the exclusive venue in the state and federal courts sitting in Santa Clara County, California with respect to any disputes arising out of or relating to this Agreement or your use of this Site.
Entire Agreement
This Agreement constitutes the entire agreement between you and eFund Realty with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between eFund Realty and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with eFund Realty are incorporated herein by this reference to the extent they do not conflict with this Agreement.
Violations of this Agreement
Should you violate this Agreement or any other rights of eFund Realty, eFund Realty reserves the right to pursue any and all legal and equitable remedies against you, including terminating any and all User accounts. If eFund Realty should fail to enforce any right or provision of this Agreement, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions of this Agreement. If a court should find that one or more rights or provisions set forth in this Agreement are invalid, you agree that the remainder of this Agreement shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
Assignment of this Agreement
You agree not to transfer this Agreement, assign any of your rights or delegate any of your obligations under this Agreement, in each case without eFund Realty's prior written consent, which consent may be withheld by eFund Realty in its sole and absolute discretion. You agree that eFund Realty may assign this Site and your Information that is in eFund Realty's possession to a successor in interest in the event of a merger, acquisition or sale of eFund Realty or substantially all of its assets.
Copyright and Trademark Information
All text, images, graphics, logos, button icons, software, and any other content on this Site ("Material") are protected by United States, foreign and international copyright, trademark, patent or other proprietary rights and laws. All Material is the property of eFund Realty, its content suppliers, clients or Users. eFund Realty and eFund Realty are trademarks or registered trademarks, and other eFund Realty product names, service names, slogans or logos referenced in this Site are trademarks or registered trademarks of eFund Realty. The compilation (meaning the collection, arrangement and assembly) of all Material on this Site and the HTML code that eFund Realty creates to generate pages on this Site is the exclusive property of eFund Realty and protected by United States, foreign and international copyright laws. All rights not expressly granted herein are reserved.
Permitted Site Use
You may use this Site for the online referral fee lead generation program, using only such Material that is specially designated and authorized to be used for such purposes by the owner(s) of that Material. eFund Realty reserves all the rights in and to all other Material contained in this Site.
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SITE POLICIES & TERMS OF USE AGREEMENT
Please review the following terms of use before using this Site. If you do not agree with these terms, please do not register, submit an application or use this site. These Terms of Use, and any other terms and conditions posted on any individual page of this site (the "Terms of Use" or this "Agreement"), governs the use of this Site by you and the user of the customer services on this Site ("Services"). Use of this Site constitutes acceptance of the Terms of Use and creates a binding legal agreement wherein you agree to use this Site in a manner consistent with all applicable laws and according to the Terms of Use, including terms and conditions listed below.
eFund Realty may revise this Agreement at any time by updating this posting. You should visit this page periodically to review this Agreement, because it is binding on you. The terms "you" and "User" as used herein refer to all individuals and/or entities accessing this Site for any reason.
Price
There is a 30% referral fee to representing agent's "User" total gross commission of any referral lead generated by eFund Realty or any other subsidiary companies or partnering companies. The set 30% referral commission fee will only apply to an agent "User" if an agent's "User" contact with a consumer or a consumer contact with an agent "User" is through our referral rebate commission fee program. All consumers who contact Real Estate Agents "User" on eFund Realty directly without using our referral rebate program are not entitled to a rebate and there is no referral fees charged to Real Estate Agent's "User" commission. The accepted terms of this agreement are stating "you" the Real Estate Agent "User" with a profile on eFund Realty are accepting the "Terms of Use" of this "agreement" to pay a 30% referral fee of your total gross commission to eFund Realty for the consumer lead you the agent have selected to be the representing Real Estate Agent "User" listed under the "Leads" tab in each "User" profile. By accepting these terms of use agreement you as the representing agent are accepting the 30% fees charged by eFund Realty to the agents "User" total gross commission to be paid to "eFund Realty" at the time you have received your commission as the representing Real Estate Agent "User" of the consumer buying, selling, or selling/buying who was referred to you by eFund Realty. There are no charges for the "User" of this site to post their profiles or to receive automatic notification of leads matching specific criteria with the referral lead generation program.
Your Information
When you register for this Site, you will be asked to provide eFund Realty with certain information that may identify you personally, including a valid email address ("your Information"). eFund Realty will not disclose to any third party your name, address, e-mail address, telephone number or other personally identifiable information without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. eFund Realty reserves the right to disclose general information collected from you to third parties on an anonymous, aggregate basis and to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter. Such offers may be made by eFund Realty or by third parties. Please see eFund Realty Privacy Statement for further details regarding your Information.
Registration and Password
You are responsible for maintaining the confidentiality of your Information and password and for all uses of your registration and password, whether or not authorized by you. You shall not disclose to or share your password with any third party or use your password for any purpose not authorized by this Agreement. You shall immediately notify eFund Realty or eFund Realty of any unauthorized use of your registration or password.
Terms of Service
Service is available to anyone who provides all required information including the name, and an accurate and legitimate e-mail address. Each User can create a eFund Realty password for future access to this Site.
(a) The use of the eFund Realty website is governed by the eFund Realty Privacy Statement.
(b) eFund Realty does not control the content of any flyer and disclaims any obligation to monitor such content
(c) Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Material, in whole or in part, without the prior written permission of eFund Realty.
Prohibited Uses of this Site
Unacceptable actions and content on this Site, listed below, will constitute grounds for blocking access, termination of your membership, termination of this Agreement with you. It is a condition of your use of this Site that you do not:
(a) Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
(b) Upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(c) Harm minors in any way;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the site;
(e) Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
(f) Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(g) Interfere with or disrupt (or attempt to interfere with or disrupt) this Site or Servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site, including via overloading, "flooding," "mailbombing" or "crashing;"
(h) Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over eFund Realty, its affiliates, content suppliers, clients or Users;
(i) Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from eFund Realty on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer);
(j) Attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site;
(k) Access or attempt to access any data not intended for you, log into a server or account which you are not authorized to access; or
(l) Attempt to probe, scan or test the vulnerability of a system or network, or breach security or authentication measures without proper authorization.
Term and Termination of Service
(a) The terms of this Agreement shall apply to you for as long as you use the Site or the Services. (b) eFund Realty may terminate your membership of, your registration with or ability to access this Site, and/or any Service provided to you by eFund Realty, upon any breach by you of this Agreement; or if eFund Realty is unable to verify or authenticate any information you submit to this Site; or if eFund Realty discontinues this Site or the Services. (c) eFund Realty reserves the right at all times to disclose any information posted by you or any other User as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in eFund Realty's sole discretion are objectionable or in violation of these terms and conditions.
Feedback and Information
ANY FEEDBACK YOU PROVIDE AT THIS SITE SHALL BE DEEMED TO BE NON-CONFIDENTIAL. EFUND REALTY IS FREE TO USE SUCH INFORMATION ON AN UNRESTRICTED BASIS.
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