Terms and Conditions

New Terms as of 5/08/2008

Real Estate CPR Important Changes – Please Read!

Real Estate CPR Is Now FREE. There are no costs involved !!!

Company Changes Effective May 5th, 2008

Real Estate CPR would like to thank you for your ongoing support of our company and the use of our "Real Estate CPR Advantage" program. We need to inform you of some major changes that are taking place within our company and our policies. As of Monday, May 5, 2008, Real Estate CPR will no longer be charging for our "Real Estate CPR Advantage" package. As a company we have decided that we are going to make this program FREE to all current and new real estate agents. If you are already an agent with our company, your web site is now FREE. You no longer need to pay to us for your online service.

How Is It FREE?

You may be asking how Real Estate CPR can provide this service for FREE? Real Estate CPR has teamed up with a major online hosting provider, GoDaddy. You can visit them online at www.GoDaddy.com for more information on their hosting services and policies. This company enables us to host multiple web sites for one low cost. Since we are receiving such  great benefits by using this provider, we can in turn provide our "Real Estate CPR Advantage" web site service to you for FREE. To help us recoup our expenses, we will be implementing advertising sponsors and text link ads into our "Real Estate CPR Advantage" web site. These ads will by no means effect the way in which your web site will function in terms of functionality and/or aesthetics. 

Technical Support

Real Estate CPR will no longer be providing FREE technical support (either via phone, on-site and/or email). We feel that this is an incredible advantage for you, the real estate agent, because it allows you to run a complete online web site business at zero cost any only pay for the support that you need. There is no other company in the real estate market that offers this sort of package for real estate agents. We are structuring our company in terms of support  like major corporations such as Microsoft and Adobe whereas they charge for each instance of technical support.

Do I Get To Use My Own Domain

Yes! You can use your own .com, .net, .ort, .biz domain. It will take up to 72 hours for us to completely set up your web site on our servers once you have made your DNS changes (DNS changes are made where ever you registered your web site domain: Godaddy, Network Solutions, Dotster, Register.com, etc.). Once set up, you will receive an support response informing you that your web site is active. If you need us to set up your DNS, please see our charge rates below. We can provide this service to make sure that your  DNS set up correctly.

Support Costs

Real Estate CPR Advantage Benefits

Free Unlimited Virtual Tours
Free MLS
Free Site Page Creation Tools
Free Easy To Use Control Panel
Google Map Integration
Google Analytics Integration
Free Property Listing Tools
and much much more...
Please visit http://www.realestatecpr.com/dir/products/advantage.html

Please let us know if you have any questions or comments by email us at info@realestatecpr.com.

This free offer is not available for brokerage web sites, web site that have been altered or enhanced by real estate cpr staff and/or subdivision web sites. Applicable tech support rates stated above and development rates do apply.

Thank you very much!

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Definitions

"You" and "your" mean the person or entity that subscribes to Website Services or purchases subject to this Agreement. This "Agreement" includes these Terms and Conditions and your Service Order. "We," "our," "us," and "Real Estate CPR" refer to Real Estate CPR, LLC., its subsidiaries and affiliates, as well as any other person or entity doing business as Real Estate CPR and providing Website Services to you. "Website Service(s)" or "Service(s)" refer to any services you have asked us to provide to you through this Agreement. "Service Order" means the form (whether paper or electronic) on which you apply for Services and includes certain additional Terms and Conditions for your Services. "Terms and Conditions" include the following provisions as maintained at www.RealEstateCPR.com and the provisions in your Service Order that set forth the manner in which we provide Equipment and Service to you, such as the length of time you will subscribe to a Service, rate plans, access charges, fees, taxes and surcharges, and the Equipment you have selected.

Acceptance

You accept this Agreement when you do any of the following: (a) give us your written or electronic signature, (b) tell us orally or electronically that you accept, or (c) use or attempt to use any of the Equipment or Services. If you have never used the Services before and do not wish to be bound by these Terms and Conditions, do not begin using the Services or Equipment and notify us immediately.

Term

   1. Fixed Term: You agree to subscribe to the Services for the length of time identified on the Service Order. The Services you receive after the end of the term will be provided on a month-to-month basis and remain at all times subject to the Terms and Conditions.

   2. Month-to-Month Term: If no length of time is identified on the Service Order, then the term is month-to-month.

Termination By You

   1. Fixed Term: If you subscribe to a Service for a fixed term, there is no termination clause available.
   2. Month-to-Month Term: You may terminate a Service to which you subscribe on a month-to-month basis at any time by notifying us. You remain liable for payment of all outstanding charges for all Services you used/or purchased from us prior to termination.
 
Termination By Us

We may limit, interrupt, terminate or refuse to provide a Service for the following reasons, or for any other good cause: (a) if you do not honor any provision of these Terms and Conditions (including payment obligations), (b) if you use a Service in a manner that adversely affects Service to other customers or harasses our customers, our employees, or others, (c) if you or others use a Service to engage in fraud or unlawful conduct or are suspected of doing so, (d) if you modify your website or any software residing on your website from the original specifications (e) if your Service is used in a manner that is excessive or unreasonable with respect to bandwidth when compared to the predominant volume of bandwidth of other customers on a similar rate plan. You may not resell any Service. We may restore such interrupted or terminated Service, in our sole discretion, following your correction of the violation and payment of any amounts due, including any restoration charge we assess for restoring your Service.

Billing Information Provided By You

To determine whether certain taxes, fees and surcharges are applicable to Service provided to you, we are required by federal law to obtain your street address, which must be within our service area. You represent and warrant that the address you provide us to obtain Service is correct, and you acknowledge that we are relying on this information to determine which taxes, fees or surcharges are applicable to your Service. You agree to notify us if your address changes. In the event you do not provide us with a valid address or address change, you understand and agree that you may be responsible for additional taxes, fees or surcharges for your Service, and we may terminate your Service.

Payments

We will bill you monthly for all charges associated with the Services. Payment in full is due no later than the due date indicated on your bill. If you have authorized payment for Services by credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason. We may accept late payments, partial payments or any payments marked as being "payment in full" or as being settlement of any dispute without losing any of our rights under this Agreement. You agree to pay costs and fees we incur to collect an unpaid balance from you.

Personal Identifiers

Upon request, we can assign e-mail addresses and other personal identifiers in connection with the Services. Unless we provide you advance notice, you have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you. In the event that you become entitled to transfer a personal identifier to another party to obtain any Services we provide you, we reserve the right, prior to honoring the request for transfer, to charge a fee for the transfer and to collect any money owed by you for Services.

Services Provided by Third Parties

The Services will be provided either by us or by our third party vendors or contractors. We reserve the right to change or modify the source of any Services provided to you without notice.

Unauthorized Use of Third Party Services

You agree that the Service will not be used to access any third-party services equivalent to Services provided Real Estate CPR, or Services made available, by Real Estate CPR even if you declined to purchase such Services from Real Estate CPR. Your website contains programming designed to enable access to Real Estate CPR Services only. Using any manual or electronic means to circumvent any restrictions placed on your website or to modify without authorization any programming supplied on your website is a violation of your Agreement.

Privacy and Customer Proprietary Network Information

You authorize us to monitor and record communications to us regarding your account or the Services for purposes of quality assurance. We will not give you notice of any subpoenas or court orders related to your account or use of Services unless required by law. Information in our billing and customer care systems concerning your account and your use of Services belongs to us, and you have no expectation of privacy with respect to such information. You agree that we may release information we have about you when required to do so by law, to provide to third parties solely for the purpose of assisting us in providing any Service to you, or if we reasonably believe that an emergency involving immediate harm to a person or property requires disclosure. We may analyze your account and usage information and share this information with other Real Estate CPR entities to communicate with you regarding Equipment or Services that may become available to you. If you do not want us to provide your information to other Real Estate CPR entities for this purpose, please notify us.

Theft and Fraud

If your Service is compromised, hacked, manipulated, or fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such loss or theft. You agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports).

LIMITATION OF LIABILITY

IN THE EVENT WE ARE FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THE SERVICES OR EQUIPMENT, YOU AGREE THAT OUR LIABILITY TO YOU WILL NOT EXCEED YOUR PRO-RATED MONTHLY RECURRING CHARGE FOR SERVICES DURING THE PERIOD IN WHICH YOU INCUR SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS’ FEES.
 
DISCLAIMER OF WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OR EQUIPMENT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS, OR ACTS OF GOD. WE DO NOT PROMISE UNINTERRUPTED OR ERROR FREE SERVICE. WE MAY NOT MANUFACTURE ANY EQUIPMENT OR SOFTWARE THAT YOU MAY USE IN CONNECTION WITH YOUR SERVICE, AND YOUR ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO EQUIPMENT OR SOFTWARE ARE THOSE PROVIDED BY THE MANUFACTURER (WITH RESPECT TO WHICH WE HAVE NO LIABILITY WHATSOEVER).

About These Terms and Conditions

   1. Record Retention. You acknowledge and agree that (i) Real Estate CPR will maintain a paper copy of your Agreement, (ii) Real Estate CPR will maintain your rate plan and feature information electronically, and (iii) Real Estate CPR will maintain its copy of the Terms and Conditions at www.RealEstateCPR.com. If you lose your copy of the Terms and Conditions, you may retrieve the then current electronic copy from www.RealEstateCPR.com at any time.
   2. Changes. We may change these Terms and Conditions, including any change in any charge or fee, or the imposition of a new charge or fee, at any time if we give you notice in advance of the change. If we make a change to these Terms and Conditions that is material and you do not wish to accept such material change, you may terminate your Agreement for the affected Service by giving us notice within thirty (30) days, in which case you will not be subject to an early cancellation fee. You will, however, still be responsible for all charges for Services made before you terminated your Agreement for that Service. A material change is ONLY a change that (a) terminates or substantially reduces the availability of a Service for you or (b) results in the increase of any charge by more than ten percent (10%) of the monthly access charge for that Service. Material changes in your Service DO NOT include the increase in, or imposition of: (1) any charge required to be collected by any governmental authority, or (2) any charge permitted to be collected by any governmental authority to recoup our expense for the provision of a service required by that governmental authority.

Applicable Law

Your Agreement and Real Estate CPR’s provision of Services to you are subject to (a) the laws of the state identified in the billing address that you have provided us and (b) any applicable federal or state laws. In the event of an inconsistency between any governmental requirement and this Agreement regarding the provision of a Service that is subject to the governmental requirement, the provisions of the governmental requirement will apply to the extent necessary to avoid the inconsistency.

Assignment

We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.

No Waiver; Severability

If we do not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.

THIRD PARTIES

This Agreement is for the benefit of you and us only, and not any third party.

ARBITRATION

ANY DISPUTE ARISING OUT OF THIS AGREEMENT OR RELATING TO THE SERVICES MUST BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, USING THE WIRELESS INDUSTRY ARBITRATION RULES. INFORMATION REGARDING THIS PROCEDURE MAY BE FOUND AT WWW.ADR.ORG. EACH PARTY WILL BEAR THE COST OF PREPARING AND PROSECUTING ITS CASE. WE WILL REIMBURSE YOU FOR ANY FILING OR HEARING FEES TO THE EXTENT THEY EXCEED WHAT YOUR COURT COSTS WOULD HAVE BEEN IF YOUR CLAIM HAD BEEN RESOLVED IN A STATE COURT HAVING JURISDICTION. THE ARBITRATOR HAS NO POWER OR AUTHORITY TO ALTER OR MODIFY THE AGREEMENT OR THESE TERMS AND CONDITIONS, INCLUDING THE FOREGOING LIMITATION OF LIABILITY SECTION. ALL CLAIMS MUST BE ARBITRATED INDIVIDUALLY, AND THERE WILL BE NO CONSOLIDATION OR CLASS TREATMENT OF ANY CLAIMS. THIS PROVISION IS SUBJECT TO THE FEDERAL ARBITRATION ACT. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO THIS ARBITRATION CLAUSE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.

Entire Agreement

This Agreement, including its Terms and Conditions and your Service Order, is the entire Agreement between you and us, which may only be amended as described above. This Agreement supersedes any and all statements or promises made to you by any of our employees or agents.