Terms of Use
MYREALTYDATA.COM
5500 Ming Ave Suite 190
Bakersfield, CA 93309
By subscribing to MyRealtyData.com, you become a "Member" of MyRealtyData.com, ("My Realty Data, Inc."). My Realty Data, Inc. offers services to you, the Member, conditioned on your agreement to adhere to the following Terms of Use without modification of any kind.
Member's agreement with My Realty Data, Inc. and/or use of My Realty Data, Inc.'s services constitutes Member's acceptance to these Terms of Use. These Terms of Use are subject to change by My Realty Data, Inc., in its sole discretion, at any time, without prior notice.
Based upon the Member's agreement to adhere to these Terms of Use, My Realty Data, Inc. grants and conveys to the Member, during the term of Member's free trial, Membership and/or paid Membership, a non-exclusive, non-transferable license to use the data, information and services provided through the My Realty Data, Inc. website subject to the License Restrictions detailed below.
Username, Password
Upon registration, Account Administrator will select his/her Username and Password. Username is a login identifier and cannot be modified later. Password may be modified after first login, at any time. Username and Password must be then used by Account Administrator to activate and login the Account.
Anti-Spam Policy
Spam (also known as junk mail) is unsolicited email, regardless of the contents of the email, sent to recipients who have not requested to receive it. We have a no tolerance spam policy. Your account will be terminated if you send Spam.
Access to Service
My Realty Data, Inc. will make commercially reasonable efforts to ensure that access to Member Accounts is available on a 24 x 7 basis. However, the Member acknowledges and agrees that access to the Services may be unavailable from time to time for any reason, including, but not limited to, interruption of major network connectivity, network and server outages, and backup and regular maintenance by My Realty Data, Inc. and any operators of our servers.
To use the Services, the Member must obtain and pay any fees for access to the World Wide Web and provide all equipment necessary to make such connection, including a computer and modem or other access device. The Member may access the Service only via the interface provided by My Realty Data, Inc.. Although the Service is generally accessible worldwide, access may not be available to all persons or in all locations.
My Realty Data, Inc. reserves the right to refuse hosting services to any Member who wants to publish material that may be considered pornographic under any statute in any state of the USA.
Security
Member is responsible for maintaining the confidentiality of the Usernames and Passwords associated with Member’s Account. Member agrees to immediately notify My Realty Data, Inc. of any known or suspected unauthorized use of the Account or other information stored on the My Realty Data, Inc. Host Server, or any other breach of security.
Backup
My Realty Data, Inc. backs up Member Accounts daily. The Databases as well as all attachments (files) are backed up. One copy of the backup archive is stored on a physically different backup server in another data center, rotating weekly. One copy of the backup archive is stored on the major My Realty Data, Inc. server - where Subscriber runs its My Realty Data, Inc. account. Backup archives for the seven previous days are also stored on the major server. Member explicitly acknowledges that My Realty Data, Inc. is not responsible for any direct or indirect damage member may incur as a result of any loss of data.
License Restrictions
Member represents, warrants, affirms and agrees that the foreclosure and property data, information and services provided by My Realty Data, Inc. to Member will only be used by Member and that Member 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. Member further represents, warrants, affirms and agrees that Member will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by My Realty Data, Inc. to Member in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:
- Use other than Member's own personal use, i.e. no commercial purpose or use is permitted;
- Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party;
- Marketing or telemarketing uses other than for personal use;
- World Wide Web, Internet or online uses;
- Real estate valuation models, programs or systems;
- Inclusion or in combination with any other non My Realty Data Inc. service or product of any kind;
- Extracting, selecting or drawing out any data element for any use;
- Real estate appraisal;
- Credit evaluation and/or supporting;
- Evaluating risk, 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;
- Debt collection; and
- 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
Member represents, warrants, affirms and agrees that the data, information, services and My Realty Data, Inc. name are proprietary information and property of My Realty Data, Inc., its suppliers and/or affiliates and are protected by copyright, trademark, trade name and other proprietary rights. Member's membership only allows Member to use 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 My Realty Data, Inc. believes, in its sole discretion, that Member has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use, My Realty Data, Inc. may immediately terminate Member's Membership and Member's sole remedy shall be to receive a pro-rata refund of the monthly membership fee paid by Member for the remaining days of the then current month of prepaid fees.
Terms of Membership
The term of Member's membership is twelve months, but automatically renews month-to-month unless terminated by Member or My Realty Data, Inc.. If available; If Member registers for free trial, the first month begins at the end of the trial period unless the membership is terminated during the free trial. If a member pays on a prepaid basis, the membership automatically renews month-to-month at the then current monthly fee unless terminated by member or My Realty Data, Inc.
Termination
Member agrees that My Realty Data, Inc., in its sole discretion, may terminate (cancel, suspend) all or any part of the Services, and remove any content within the Database of Member. My Realty Data, Inc. reserves the right to investigate the validity of any complaint presented to it, which alleges that any Account has been used to conduct fraudulent, abusive or illegal activity, or has been used in any way, which violates these Terms. Such investigations may include logging on to the Account and/or reviewing any data or information contained therein. My Realty Data, Inc. will not, however, provide any such information to any third party unless required by law or court order. A Termination described above may be made with or without notice and will be effective immediately. Member agrees that My Realty Data, Inc. shall not be liable to Member or any third party for such Termination of the Service.
The Member may cancel the Member's subscriptions at any time. However if member terminates their membership within the first twelve months an early termination fee in the amount equal to the balance remaining of the first twelve months shall be assessed. All fees due to My Realty Data, Inc. up to the end of the then current monthly billing cycle at time of termination shall remain payable to My Realty Data, Inc.. In addition, any prepaid services, subscriptions and/or memberships are nonrefundable.
Refund policy for Course Material:
My Realty Data, Inc. has a 30 day no questions asked return policy. In order to qualify for a full refund all material must be return shipped in care of My Realty Data, Inc. at 5500 Ming Ave Suite 190 Bakersfield Ca 93309. The original package seal must be unbroken and the package must be delivered within the first 30 days of receipt. Non compliance shall void a refund.
Refund Policy for Wealth Creation Package:
My Realty Data, Inc. has a 30 day return policy on the Wealth Creation Package. In order to qualify for a full refund all material must be return shipped in care of My Realty Data, Inc. at 5500 Ming Ave Suite 190 Bakersfield CA 93309. The original package seal must be unbroken and the package must be delivered within the first 30 days of receipt. Non compliance shall void a refund.
Continued use of copy written materials after termination or cancellation:
It is expressly prohibited to continue to use any material obtained through the use of www.MyRealtyData.com after termination of cancellation. All materials which originated from www.MyRealtyData.com which have been downloaded, copied, saved, printed, faxed, or viewed shall be immediately destroyed or returned to My Realty Data, Inc at 5500 Ming Ave Suite 190 Bakersfield CA 93309.
The Member may terminate contract by:
- E-mailing a cancellation request to memberships@MyRealtyData.com at least five (5) days prior to the desired cancellation date.
- Mailing a cancellation request at least ten (10) days prior to the desired cancellation date to My Realty Data, Inc., 5500 Ming Ave, Suite 190, Bakersfield, CA 93309.
The Member may terminate their Free Guest Membersip by:
- E-mailing a cancellation request to memberships@MyRealtyData.com prior to the 7th day.
- By telephoning MyRealtyData.com at (877) MyData-0 or (877) 693-2820 with your cancellation request.
THE DATABASES AS WELL AS ALL ATTACHMENTS (FILES) STORED WITHIN THE MEMBER DATABASE SHALL BE THE SOLE PROPERTY OF My Realty Data, Inc.. UPON TERMINATION THE MEMBER SHALL NOT RECEIVE PROPRIETARY RIGHTS TO THAT DATABASE OR A BACKUP COPY OF SAID DATA.
Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Member's Membership.
Member Services
My Realty Data, Inc. allows Members to submit requests for service to independent third-party real estate and other related service providers. Members agree to supply My Realty Data, Inc. with information about themselves and the property they want to sell or hope to buy. My Realty Data, Inc. 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 My Realty Data, Inc. uses e-mail and telephones to provide My Realty Data, Inc. services, all My Realty Data, Inc. Members hereby consent to receive e-mails and telephone calls from My Realty Data, Inc. to qualify for and participate in My Realty Data, Inc. services. My Realty Data, Inc. Members consent to receive e-mails and telephone calls from third parties, as My Realty Data, Inc. Member's service requests to and/or through My Realty Data, Inc. may require services from these third parties.
Member affirms that all of the information Member provides to My Realty Data, Inc., whether online or otherwise, is accurate and complete. Member also agrees to update My Realty Data, Inc. with current and accurate information, if at any time the information Member provided to My Realty Data, Inc. changes. My Realty Data, Inc. reserves its right to terminate or suspend access to My Realty Data, Inc. services to any Member whose information My Realty Data, Inc. believes, at My Realty Data, Inc.'s sole discretion, to be inaccurate or misleading.
My Realty Data, Inc. may refer Professional Service Providers, mortgage lending or other service providers (collectively, "Service Providers") to Members. The terms of any agreement between a Member and any Service Provider referred by My Realty Data, Inc. are not endorsed, warranted, guaranteed, recommended or otherwise known to or by My Realty Data, Inc..
For its services and referrals, My Realty Data, Inc. may receive payment from Service Providers. Membership with My Realty Data, Inc. and use of My Realty Data, Inc. services constitutes Member's acknowledgment of and agreement to this compensation arrangement.
My Realty Data, Inc. may from time to time offer eligible Members promotional opportunities. Not all Members may be eligible to receive all promotional opportunities.
Other Service Providers
From time to time My Realty Data, Inc. may include on its websites third-party Service Providers such as a moving or a mortgage service provider. My Realty Data, Inc. posts these services on its websites as a service to its Members. My Realty Data, Inc. 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 Member's responsibility, and My Realty Data, Inc. encourages this for all Members, to independently investigate the qualifications of each Service Provider and to carefully review each Service Provider offering prior to entering into any engagement.
My Realty Data, Inc. is not responsible or liable for any acts or omissions created or performed by these other Service Providers. My Realty Data, Inc.'s websites may contain links to websites maintained by third-party Service Providers. Such links are provided for Member convenience and reference only. My Realty Data, Inc. does not operate or control, in any respect, any information, software, products or services available on such websites. My Realty Data, Inc.'s inclusion of a link to such websites does not imply any endorsement, warranty, guarantee or recommendation of these websites, contents, products or services of the sponsoring organization.
Third-Party Content and Screening
My Realty Data, Inc. is a data aggregator of content supplied by third parties and 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 Members of My Realty Data, Inc.. My Realty Data, Inc. reserves the right, but is not obligated, to screen and review any content provided to My Realty Data, Inc. and remove or edit any content, if it does not comply with laws, rules or regulations, or for any other reason My Realty Data, Inc. deems relevant.
Modification Of MyRealtyData Services
My Realty Data, Inc. 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 Member. My Realty Data, Inc. is not liable to any Member in the event that My Realty Data, Inc. exercises its right to modify or discontinue any service.
EXCESSIVE USE OF DATA
Beginner Member:
My Realty Data, Inc. currently does not offer, free of charge, property profile detail information. My Realty Data, Inc. will charge the member a per property profile detail import fee of 3.25 for each profile imported. A property profile detail import is defined as (i) ordering new comparable sales (ii) clicking on the import property details icon (iii) requesting sale and loan history (iv) requesting information on property not in foreclosure. Member agrees that My Realty Data, Inc. may, charge to the Member's credit card, debit card or bank account the use charge for each import.
Premium Member:
My Realty Data, Inc. currently allows ten (10) monthly imports of property profile detail information. My Realty Data, Inc. may charge the member a per property profile detail import fee of 3.25 for each profile imported after 10 each month. A property profile detail import is defined as (i) ordering new comparable sales (ii) clicking on the import property details icon (iii) requesting sale and loan history (iv)requesting information on property not in foreclosure. Member agrees that My Realty Data, Inc. may, charge to the Member's credit card, debit card or bank account the excessive use charge for each import above ten (10) per month.
PAYMENT OF CHARGES
A. My Realty Data, Inc. currently charges a monthly membership fee for Beginner and Premium Members.
The monthly membership fee is calculated from the day of the month that the Member's paid membership commences. If offered; The Member agrees that if the Member applies for the 7 day free trial membership and does not cancel trial membership, the Member authorizes My Realty Data, Inc. to convert the Member's trial membership into a regular twelve month membership effective on the 7th day, or 168 hours following the Member's initiation of the 7 day trial membership. The Member authorizes My Realty Data, Inc. to, and the Member agrees that My Realty Data, Inc. may, charge to the Member's credit card, debit card or bank account, in advance, the Member's regular monthly membership fee for each month of the Member's regular monthly membership. The Member authorizes My Realty Data, Inc. to, and the Member agrees that My Realty Data, Inc. may, modify and/or change the monthly membership fee charged to the Member upon thirty (30) days notice to the Member sent by e-mail. The monthly membership fee is non-refundable and accrues until canceled whether or not the Member accesses the database.
B. On Time Payment
The Member is required to pay all charges on time and agree to submit an accompanying payment authorization in connection with these charges when requested by My Realty Data, Inc.. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. My Realty Data, Inc. may terminate or disable the Member's participation in My Realty Data, Inc. services if the Member fails to pay fully and in a timely manner all amounts due to My Realty Data, Inc.. If the Member's credit card expires or is otherwise declined for payment, access to My Realty Data, Inc. services and websites can be modified or suspended without notice to the Member. If any Member payment is more than thirty (30) calendar days past due, interest pro-rated daily, at the rate of 10 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 Member shall pay all costs of collection, including legal fees, incurred by My Realty Data, Inc.. The Member 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 Member 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 My Realty Data, Inc. and its websites.
C. Payment Methods
The Member's complete billing address and telephone number must be provided to process payments. My Realty Data, Inc. accepts major credit cards including Visa and MasterCard and may accept bank drafts, including personal checks, money orders, cashiers checks, and company checks sent by mail. However, for mailed payments, My Realty Data, Inc. does not offer a free trial and may not credit the applicable account until additional procedures are completed and after My Realty Data, Inc.'s bank certifies receipt of funds — typically five (5) business days. My Realty Data, Inc. 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 Member may contact My Realty Data, Inc. Customer Service by e-mail at support@MyRealtyData.com or telephone at 661-836-2466 concerning charges or other questions regarding the status of the Member Account. However, if the Member's account questions are not satisfactorily resolved within fifteen (15) business days of Member'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 discovered, the Member must write to the Customer Service Department, MyRealtyData.com, 5500 Ming Ave, Suite 190, Bakersfield, CA 93309, delivered by United States mail. Otherwise, any and all such Member complaints are waived.
LIMITATION OF LIABILITY
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT My Realty Data, Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF My Realty Data, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S TRANSMISSIONS OF DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
DISCLAIMERS AND LIMITATIONS
My Realty Data, Inc. attempts to ensure that the information contained in its websites is accurate and reliable; however, errors sometimes occur. MyRealtyData.com does not guarantee the accuracy of the information contained in this site and instructs you to independently verify the accuracy of the information provided. In addition, My Realty Data, Inc. may make changes and improvements to the information provided herein at any time.
THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED "AS IS." My Realty Data, Inc., 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 WEBSITES 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 MEMBER'S USE OF My Realty Data, Inc.'S SERVICES, THE MEMBER AGREES AND ACKNOWLEDGES THAT THE MEMBER'S USE OF ALL My Realty Data, Inc. INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH My Realty Data, Inc. AND/OR ITS WEBSITES IS AT THE MEMBER'S OWN RISK. My Realty Data, Inc. 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 My Realty Data, Inc.’S SERVICES OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE MEMBER, IF THE MEMBER RESIDES IN SUCH A JURISDICTION.
INDEMNITY
As a condition of use of My Realty Data, Inc. websites, Member agrees to indemnify and hold My Realty Data, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content Subscriber submits, posts, transmits or makes available through the Service, use of the Service, connection to the Service, violation of the Terms of Service, or violation of any rights of another.
DISPUTE RESOLUTION
The Member agrees that any claim or controversy, arising out of or relating to the use of My Realty Data, Inc.'s services, to the goods or services provided by My Realty Data, Inc., or to any acts or omissions for which the Member may contend My Realty Data, Inc. is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Kern 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 Member shall select an arbitrator from a panel of arbitrators acceptable to My Realty Data, Inc.. In any arbitration, My Realty Data, Inc. 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 Kern County, California. Member and My Realty Data, Inc. 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 MEMBER AND My Realty Data, Inc. WILL BE RESOLVED BY BINDING ARBITRATION IN KERN COUNTY, CALIFORNIA. THE MEMBER THUS GIVES UP THE MEMBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE MEMBER'S RIGHTS. THE MEMBER ALSO GIVES UP THE MEMBER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. THE MEMBER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE MEMBER AND My Realty Data, Inc. 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 KERN 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.
