Welcome to RealUmbrella’s website. By registering with RealUmbrella and/or using RealUmbrella’s services, you (the "User") agree to adhere to the following Terms of Service without modification of any kind. These Terms of Service are subject to change at any time, without prior notice.
RealUmbrella enables the buyer and the seller of a home, and the title company, escrow company and all other authorized participants in the transaction, to communicate, upload transactional documents securely, track the viewing and signing of documents in real time, electronically sign documents and allow authorized third party service providers to view, exchange and upload information pertaining to the transaction. Users agree to supply RealUmbrella with information about themselves and the property they want to sell or hope to buy. RealUmbrella will use this information within RealUmbrella and to provide certain details on an anonymous or non-anonymous basis depending on the RealUmbrella service to third parties who are, in most cases, appropriate providers of real estate related services. As RealUmbrella uses email, on an almost exclusive basis, to provide RealUmbrella services, all RealUmbrella users must consent to receive Email from RealUmbrella to register for RealUmbrella services. RealUmbrella users will also be required to consent to receive emails from third party(ies) when the RealUmbrella service requested requires services from a third party(ies).
To assure the value of RealUmbrella's services, you agree that all of the information you have provided to RealUmbrella, whether on line or otherwise, is accurate and complete. RealUmbrella reserves its right to terminate or suspend access to any user information that is alleged to be inaccurate or misleading. If required by the terms of the RealUmbrella service requested by User, you authorize RealUmbrella to forward your information to its network of real estate service providers.
RealUmbrella does not engage in real estate broker services. The terms of any agreement between User and a real estate provider are not endorsed, recommended or otherwise known to or by RealUmbrella.
All real estate advertising that may appear on the Service is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." State law may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.
You agree that RealUmbrella provides links to third party service providers who are not employed by RealUmbrella. RealUmbrella posts these services on its site as a service to its Users who require such services. RealUmbrella is not responsible and makes no warranty or representation as to the quality or performance of the services offered or any acts or omissions created or performed by these third parties. RealUmbrella does not operate or control in any respect any information, software, products or services available on such Web sites. RealUmbrella advises all users to carefully review each third party service offering prior to engagement with any third party service provider.
RealUmbrella reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. RealUmbrella shall not be liable to any User or any third party should RealUmbrella exercise its right to modify or discontinue service.
Obligations of Registered Users
By completing your registration with RealUmbrella, you agree that:
RealUmbrella reserves the right to cancel the membership of any User in any RealUmbrella Service at any time for any reason, including a User's breach of these Terms of Service, or the terms and conditions of any service for which the User may have registered. A User may cancel membership at any time for any reason by delivering a written notice addressed to RealUmbrella, 25431 Cabot Road, Suite 119, Laguna Hills California 92653 by United States mail or by fax to (949) 380-3707. User shall be responsible for ensuring delivery of the cancellation notice to RealUmbrella.
RealUmbrella intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, RealUmbrella 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." REALUMBRELLA DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF REALUMBRELLA'S SERVICES IS AT YOUR OWN RISK. REALUMBRELLA IS 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 REALUMBRELLA'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REALUMBRELLA HAS 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 YOU.
INDEMNITY
As a condition of use of this Web site, you agree to indemnify from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of RealUmbrella's services, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms of Service.
ERRORS AND DELAYS
RealUmbrella is not responsible for any errors or delays in responding caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of RealUmbrella's services, to the goods or services provided by RealUmbrella, or to any acts or omissions for which you may contend RealUmbrella 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. In any arbitration, the non-prevailing party will pay the fees and the costs associated with the arbitration and the reasonable legal fees and expenses of the prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrator shall not have the power to award damages in connection with any Dispute 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. THESE TERMS OF SERVICE PROVIDE THAT ALL DISPUTES BETWEEN YOU AND REALUMBRELLA WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
OTHER TERMS
These Terms of Service 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 Service 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 Terms of Service shall continue in effect. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service 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.
Copyright and Trade Mark Notices
All contents of the RealUmbrella.com website are Copyright © 2007 RealUmbrella, Inc., 25431 Cabot Road, Suite 119, Laguna Hills California 92653, all rights reserved. RealUmbrella is a service mark of RealUmbrella, Inc. Other product and company names may be trade or service marks of their respective owners.
Refunds on Listings
RealUmbrella.com does not offer refunds and or credits to customers who have purchased a listing package. Because all information and or listing details are provided by and or input by the customer, RealUmbrella is not responsible for typos or incorrect information.