Member Terms
THIS WEB PAGE CONTAINS A LEGAL DOCUMENT ("AGREEMENT") BETWEEN YOU THE MEMBER (AN INDIVIDUAL, COMPANY OR ENTITY) AND NATIONAL ASSOCIATION OF REO BROKER, INC (NAREOB). THIS AGREEMENT STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THE NAREOB WEBSITE ("THE SITE"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING AND USING THE SITE. ALL MATERIALS, SERVICES AND INFORMATION PROVIDED ON AND THROUGH THE SITE SHALL BE USED SOLELY IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS. BY USING AND ACCESSING THE SITE YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS AND USE THE SITE. NAREOB RESERVES THE RIGHT TO CHANGE THE AGREEMENT FROM TIME TO TIME AT ITS SOLE DISCRETION. USE OF THE SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THE AGREEMENT, AS DENOTED BY THE DATE, POSTED ON THE SITE AT THE TIME OF USE. YOU SHOULD VISIT THIS WEB PAGE PERIODICALLY TO REVIEW THE AGREEMENT.
Website Terms and Conditions
The following terms and conditions of this Agreement are made and become effective as of the date on which this Agreement is executed by and between NAREOB, a California corporation, mailing address PO Box 3798, Fullerton, CA 92834 (“NAREOB") and you (hereinafter referred to as the "User") the individual subscribing to the Site. Execution is considered complete when MEMBER accesses our website.
Background Facts
NAREOB has developed and owns the certain NAREOB On-Demand Referral Service Website (the "Site") and the functionality of makes available for use on this Site information, documents, software, services and products (collectively, the "Materials") supplied by NAREOB or other third parties (hereinafter referred to collectively as "Providers") and subject to the terms and conditions set forth in this Agreement.
Limited License
NAREOB hereby grants MEMBER a non-exclusive, non-transferable and revocable limited license to access and use the Site and applicable Materials in accordance with this Agreement solely for the benefit of User. NAREOB may terminate this license for convenience at any time without notice. MEMBER shall abide by all applicable local, state, national and foreign laws, and regulations in connection with the Site and Materials. No part of the Site may be reproduced, republished, copied, transmitted or distributed in any form or by any means.
Copyright
The Materials on this Site, as well as the design and layout of this Site, are protected by copyright and/or other intellectual property laws, and any unauthorized use of the Materials and this Site as described in the preceding paragraph may violate such laws. Except as expressly provided herein, NAREOB and its Providers do not grant to Users of the Site any express or implied right to MEMBER under any patents, copyrights, trademarks, or trade secret information with respect to the Site and Materials.
MEMBER Conduct
NAREOB may interrupt or terminate MEMBER’s access to the Site or Materials if:
• MEMBER does not honor any provision of the Agreement (including payment obligations)
• MEMBER uses the Site in a manner that adversely affects service to other customers or harasses NAREOB's customers or employees
• MEMBER uses the Site to engage in fraud or unlawful conduct or is suspected of doing so, or if
• MEMBER provides false information on MEMBER’s registration form or impersonates another person at any point
Should MEMBER violate such terms, NAREOB may, without prior notice, ban MEMBER from any and all Materials and the Site, terminate MEMBER’s registration, and take any other action NAREOB deems appropriate at its sole discretion.
Administration and Protection of Account and Password
MEMBER agrees to appoint themselves or an account administrator. The Member or their designee will be responsibilities to supplying all corporate information, reviewing and accepting the terms and conditions of this Agreement and setting up MEMBER on NAREOB’s website.
If the Member is a company with different locations, the Member may elect to either receive referral at a single location or name an employee at each location to receive referrals. In such a case, each employee must set up their own account.
MEMBER hereby accepts responsibility for, and shall be liable for, all access to restricted areas of the Site in connection with such remote MEMBER administration, and shall ensure that all Employed Users follow the terms and conditions of this Agreement. MEMBER is responsible for maintaining the confidentiality of its account number(s) and/or password(s), if applicable. MEMBER is responsible for all uses of its account, whether or not actually or expressly authorized by Member.
Support
NAREOB agrees to provide standard E-mail support with an initial response time of two hours during NAREOB's normal business hours of 9:30 A.M. to 4:30 P.M. Pacific Standard Time.
Membership Fees and Payment Terms
Pursuant to MEMBER accepting this Agreement and providing the necessary registration information, NAREOB will, upon a favorable evaluation, provide MEMBER an individual and/or corporate account number and/or password. The completion of these tasks will constitute MEMBER’s intent to use NAREOB for which MEMBER agrees to pay the associated monthly subscription fees.
Member Packages - Fees and Payment Terms
Should you wish to cancel your entire Subscription Membership you may so at any time be email unscribe@nareob.com. Include your name and Member number. It will take 7 to ten business days to cancel you membership.
NAREOB does not process upgrades, changes to account status, or changes to credit card information by phone or any other form of communication other than by on NAREOB’s website.
To upgrade, or change your account status, or change credit card information with NAREOB, you MUST log onto NAREOB.com.
The Monthly Subscription Fee represents the maintenance support and services of NAREOB On-Demand Referral Service website and is assessed at the time of initial subscription based on current monthly rates.
NAREOB may adjust the Subscription Fee monthly.
If offered, exclusive Member advertising is billable monthly. You may cancel your exclusive advertisement during this monthly term and receive a pro-rated refund. After your monthly term, an E-mail will be sent automatically, containing a link to renew your advertisement.
If for any reason you're not satisfied, just contact NAREOB at MemberService@nareob.com. If you choose to cancel your monthly advertisement, there is no further obligation.
MEMBER agrees to pay any and all associated “Subscription Fees," as listed on the Site or otherwise contracted for directly with the appropriate Provider(s), for all Materials received on the Site. Certain "services" requested by MEMBER will be provided directly by the applicable Provider(s) and will be invoiced by and paid directly to such Provider(s) upon completion of the service(s).
In addition, MEMBER may request certain "information or data" through the Site which will be retrieved and presented by NAREOB on the Site. NAREOB will send invoice and MEMBER will pay costs for all such "information and/or data" on a summarized bill.
Each Provider may prevent or eliminate access to a Member, on a temporary or permanent basis, to its Materials for non-payment of Usage Fees or for any other reason. NAREOB and Providers reserve the right to adjust the Usage Fees.
All taxes, however designated, arising from or based upon this Agreement or the payments made to Provider by MEMBER pursuant hereto, including but not limited to all applicable sales, use and excise taxes, shall be paid by MEMBER as the same become due. MEMBER shall upon request of Provider, pay it either to Provider or to the appropriate taxing authority at any time during or after the termination of this Agreement. MEMBER shall not be responsible for the payment of any state, federal, or local franchise or income taxes based upon the net income of Provider. This Paragraph will survive termination of this Agreement.
Disclaimers
ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NAREOB AND ITS PROVIDERS MAKE NO WARRANTY THAT (i) THE SITE AND MATERIALS WILL MEET MEMBER’S REQUIREMENTS, (ii) THE SITE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY MEMBER FROM THE SITE WILL MEET MEMBER’S EXPECTATIONS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS.
This Site may contain links to third-party Web sites that are not under the control of NAREOB. NAREOB makes no representations whatsoever about any other Website to which MEMBER may have access through this Site. When MEMBER accesses a non-NAREOB Website, MEMBER does so at MEMBER’s own risk and NAREOB is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. NAREOB provides these links merely as a convenience and the inclusion of such links does not imply that NAREOB endorses or accepts any responsibility for the content or uses of such websites.
The use of the services or the downloading or other acquisition of any Materials through the site is done at MEMBER’s own discretion and risk and with MEMBER’s agreement that MEMBER will be solely responsible for any damage to MEMBER’s computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by MEMBER from NAREOB or through or from the Site shall create any warranty not expressly stated in this Agreement.
Personal Information and Privacy
To learn about how NAREOB protects MEMBER personal information, such as MEMBER’s name and address, refer to the NAREOB online Privacy Policy. Please note that any non-personal information or material sent to NAREOB will generally be deemed to NOT be confidential.
Indemnification
MEMBER agrees to indemnify and hold NAREOB, and its parent, subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any and all liabilities, claims, demands and expenses, including reasonable attorneys' fees, due to or arising out of MEMBER’s use or misuse of the Site, any services therein, or for infringement by MEMBER of intellectual property rights or other rights of any third party. NAREOB may assume exclusive control of any defense or any matter subject to indemnification by MEMBER and MEMBER agrees to cooperate with NAREOB in such event.
Dispute Resolution
If a dispute arises under this Agreement, upon either party's written request or notice to the other, the parties will each appoint a designated representative to attempt in good faith to resolve such dispute. Except for disputes where preliminary injunctive relief is an appropriate remedy, no formal legal proceedings may be commenced with respect to any dispute until the designated representatives conclude in good faith that amicable resolution through continued negotiation of the matter at issue does not appear likely. Except as otherwise provided in this Agreement, this article will apply before either party may terminate this Agreement. NAREOB, however, may suspend access to the Site pursuant to the terms listed above.
Arbitration
Any dispute or controversy arising under, out of, or in connection with this Agreement, shall be etermined and settled by binding arbitration to be administered by, and in compliance with, the rules of the American Arbitration Association, to take place in Los Angeles, California; and any award there from may be entered into a court of competent jurisdiction and enforce accordingly.
Attorney Fees
In any arbitration, court action, or other proceedings involving this Agreement, or any other related dispute, all expenses, including reasonable attorney fees, shall be paid by the non-prevailing party.
Limitation of Liability
IN NO EVENT SHALL NAREOB, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, PROVIDERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO MEMBER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT NAREOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS SITE, OR ANY SERVICES OR MATERIALS PROVIDED OR AVAILABLE HEREUNDER. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by NAREOB from its offices within the state of California, United States of America. By accessing this Site, MEMBER and NAREOB agree that all matters relating to MEMBER’s access to, or use of, this Site shall be governed by the statutes and laws of the State of California.
Trademark Information
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of NAREOB or other third parties. You are not permitted to use the Marks without the prior written consent of NAREOB or such third parties, which may own the Marks.
Assignment
NAREOB may assign this Agreement to another entity without any advance consent from or notice to User. MEMBER may not assign this Agreement without the consent of NAREOB.
Severability
In the event that any provision of this Agreement shall be declared invalid or unenforceable, such provision shall be deemed to be severed and deleted, and neither such provision nor its deletion, shall effect the validity of the remaining provisions herein.