Terms Of Use

1. GENERAL CONTENT USAGE

IMPORTANT - READ CAREFULLY BEFORE ACCESSING THIS WEB SITE OR DOWNLOADING INFORMATION. BY ACCESSING THIS WEB SITE OR DOWNLOADING INFORMATION FROM IT, YOU ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT ACCESS THIS WEB SITE OR DOWNLOAD INFORMATION.

This is a legal agreement between you and RealBird Inc.("REALBIRD") All information ("Information") pertaining the RealBird.com service are provided by and the copyrighted property of RealBird Inc. ("REALBIRD") and/or its content providers and licensors.

Material/Information Definition: The services provided by RealBird include, but are not limited to: written content, photos, other media, homes for sale or rent listings, aerial photos, line, topographical and other types maps. REALBIRD aggregates, re-formats and presents such information in a manner that it be useful for real estate applications. Information also means the computer software code that RealBird has developed to deliver the service. Information uploaded by you (such as listing information, photos, text, etc.) remains your property and RealBird claims no rights to it. RealBird will use the information you uploaded only to the extent needed to perform the specific functions and within the scope of the service for which the Information has been uploaded.

Scope of Use: Our services are provided exclusively for real estate agents, real estate brokers and real estate related professionals, such as mortgage lenders, title companies. home stagers, etc. Each real estate professional is entitled to one single free RealBird account, unless specifically agreed upon in writing by RealBird. You agree to use the Information provided solely for your own business purposes, and not for third party commercial purposes nor for service bureau, time-sharing or other similar purposes. You may not otherwise reproduce, copy, republish, modify, reformat, decompile, disassemble or reverse engineer any portion of Information, and you may not otherwise transfer or distribute Information in any form, for any purpose.

Service Functionality and Features: The functionality and features of each Service is described in the appropriate sections on our website. RealBird reserves the right to change, delete or add new features and functions without prior notice to you.

Restrictions: Without limiting the foregoing, you may not use Information with any products, systems, prepare any derivative work with the Information or any portion thereof; (b) sublicense, transfer, assign, rent, lease, or otherwise convey the Information, or any right with respect thereto, to any Third Party; or (c) disassemble, decompile or otherwise reverse engineer all or any portion of the Information. No Warranty: All Information is provided to you "as is" and you agree to use it at your own risk. REALBIRD and its content providers and licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, regarding the Information, including but not limited to, warranties of title, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from Information, or that the Information will be error-free.

Pricing, Renewals, Cancellations and Refunds: RealBird provides its services in a subscription/membership form. We use automatic renewals of accounts so that we can maintain the low cost of our service. You may cancel your membership and service at any time. The Pricing options for each service are given on our website. RealBird reserves the right to change the pricing without prior notice. All setup fees are non-refundable. Refunds for yearly subscriptions are calculated on a pro-rated monthly basis, based on the monthly subscription price as published on our website under Pricing plus a $20 processing fee. A partial month of usage will be considered as a full month of usage. For example, if the published monthly subscription for the service is $14.99, and you have paid $89 for a yearly subscription, and you decide to cancel the service after 2.5 months of service, the refund due to you would be $89-3x$14.99-$20 = $24.03. If we have your credit card information on file we will automatically renew your account at the pricing that you initially subscribed with, unless you cancel with prior 10 days written notice, after which the pro-rated cancellation policy applies as described above in this section. Cancellation notices should be sent to cancel@realbird.com or faxed to 866-551-2934 You have 10 days after an automatic renewal to cancel your account with a full refund. If our pricing has increased we will notify you at least 10 days in advance of your renewal due date of the higher price.

Disclaimer of Warranty: REALBIRD AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.

Disclaimer of Liability: REALBIRD AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF REALBIRD OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.

Indemnification: You agree to defend, indemnify and hold harmless RealBird and its staff for any and all third-party claims against you, your employees and associates, which may arise from your use of this Service. You further agree to hold RealBird harmless of and vigourously defend against any actual and alleged claims, actions, demands from third parties resulting from your use of this Service.

Disclaimer of Endorsement: Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by REALBIRD or its licensors. The REALBIRD name, trademark and logo, and other trademarks and trade names owned or licensed by REALBIRD may not be used in any commercial manner without the prior written consent of REALBIRD.

Disclaimer of Performance: Realbird cannot and will not guarantee that our services will perform to your expectations, or that you will receive any leads or increase in business from use of our service. You further understand that our services integrate and are based on other provider's free or for-fee services, including your own computer, network and Internet connection, and therefore the response times and availability of our services can be greatly affected by conditions beyond our control.

Termination: This license will terminate automatically without notice from REALBIRD if you fail to comply with any provision of this license agreement. Upon termination, you shall destroy or return any Information and all copies made thereof including modified copies. Furthermore, we reserve the right to cancel your subscription at our sole discretion at any time if we determine that you are using our service in an unlawful manner. In case of complaints against you from consumers, or other agents, or associations we will expend reasonable efforts to determine the validity of the complaints and you agree to provide us your full and good faith cooperation.

Entire Agreement: These terms and conditions constitute the entire agreement between REALBIRD (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersede in its entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

Governing Law: The above terms and conditions shall be governed by the laws of the State of California, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods. You agree to submit to the jurisdiction of the State of California for any and all disputes, claims and actions arising from or in connection with the Information provided to you hereunder.

Acceptance of RealBird newsletter email delivery: We will, from time to time (about once or twice each month), send you updates and information about our products in the form of a text or HTML formatted newsletter. The primary purpose for these emails will be to let you know of new features and service offerings. We may, at our sole option and choosing, also include partner service offerings. You agree to receive these emails, and understand that you may not hold a free membership without agreeing to receiving such newsletters.

Privacy: Ensuring Your Privacy is Our Number One Goal. REALBIRD is committed to safeguarding your privacy online. Please read our privacy policy to understand how your personal information will be treated as you make full use of our Web site. This policy may change from time to time, so please check back periodically.

We maintain a strict customer information privacy policy and use state-of-the-art technology to safeguard your information and communications from unauthorized intrusions. We want to assure you that you can visit our site and use many of our services without telling us who you are or revealing any personally identifiable information about yourself to us.

2. SPECIFIC SERVICE TERMS

2A. Listing Publisher

The Listing Publisher service allows you to create websites for your properties for sale or lease and syndicate the property information to the major classified portals that are listed on our website. We submit your information to all sites, or none. RealBird cannot and does not guarantee that the information that you have uploaded will be accepted or displayed on the syndication sites, nor can we guarantee how the information will be displayed by those sites. By using the Listing Publisher service you implicitly accept and agree to the TOUs of each and all of the destination syndication sites listed on our website. If a listing that you have submitted does not appear on one of the syndication sites, RealBird sole responsibility is to make sure that your information has been submitted to the site, and any further recourse and problem resolution will have to take place between you and the customer service of that syndication site.

2B. Realbird Property Search - Oodle version

The RealBird Property Search service allows you to add property search widgets to your website, or blog, or it can also be used in stand-alone mode. This service is based on data provided by Oodle Inc. from its Classifieds service (http://www.oodle.com) and the Oodle API. YOU UNDERSTAND THAT THIS SERVICE CAN BE PROVIDED AS PART OF YOUR REALBIRD SERVICE ONLY FOR AS LONG AS OODLE INC. SUPPORTS AND MAINTAINS THEIR REAL ESTATE SECTION AND THE API (APPLICATION PROGRAMMING INTERFACE) THROUGH WHICH WE CAN ACCESS THE DATA. You agree to read, understand and accept the TOUs pertaining to these services at::

http://www.oodle.com/info/terms/

and

http://developer.oodle.com/oodle-api-terms-use

You understand that the data provided through this service is not from the MLS (Multiple Listing Service) or obtained using idx (Internet Data Exchange). You further understand that RealBird does not claim any ownership or responsibility for the data, and that we have no control over the data quality or accuracy, and that we only "pass through" a reformatted version of the Google Base data. Therefore we are unable to assist with any corrections or changes to the content provided herewith.

2C. Map Based IDX Search

The Map based IDX Search service allows you to add an interactive map based MLS search widgets to your website or blog, or use in standalone mode. This service is available only with selected MLSs, which are listed on our website, and is provided using the idx data from that MLS (Multiple Listing Service). You must be a member of the MLS to use this service. If your MLS charges an extra idx user fee that we have to collect, as a service provider/consultant, then we will add that fee to your subscription price. You may be asked to sign and file with your MLS an idx user agreement.

3. RealBird owned Domain names and Sub-domain names

You understand that subdomain names or domain names owned by RealBird (e.g. yoursubdomain.realbird.com) remain the sole property of RealBird and you are only licensing them for your use while you are an active, paying RealBird PRO service level member. At no time will you own any rights to such Realbird-owned domain or subdomain names . Upon your explicit cancellation of the RealBird PRO service, or automatically within 10 days of a failed payment for your PRO RealBird service the subdomain names assigned to you for any service (for example single property websites or mobile websites) shall be released into the pool of available RealBird subdomain names and any other RealBird members may reserve it for their own use, according to these Terms of Use.

We reserve the right to reject any sub-domain name that you are attempting to reserve, without cause. We will reject any sub-domain names that are offensive, have co-notations of offensive terms or those that we choose to use for our own use.