Terms of Use and Service

ACCEPTANCE OF TERMS:

Your use of this website and the services provided by StreamlineREO, LLC, a California limited liability company doing business as “StreamlineREO.com” (hereinafter periodically referred to as “StreamlineREO,” “We,” or the “Company”) are subject to the following Terms of Service ("Terms"). All updates to Terms will be posted on this page. Please refer to this page for the most current Terms. StreamlineREO reserves the right to modify these Terms at any time as necessary to protect both you (our clients) and StreamlineREO. You will have the option in your account profile to receive notification on changes to the Terms. Your use of this website constitutes your express consent to the terms and conditions set forth herein.

END USER LICENSE:

This section entitled “End User License” and the license granted herein applies only to users of this website who expressly accept these Terms on signing up for a StreamlineREO account, and who properly maintain his, her, or its account pursuant to these Terms.

StreamlineREO hereby grants you, should you open an account with us pursuant to the terms and conditions contained herein, a non-exclusive, non-transferrable, worldwide license to use the StreamlineREO services and any StreamlineREO software, if any, you may download. This authorization is limited to download of said software, if any, to one (1) computer only. This end user license shall not apply to any third party software. Your use of any third party software in addition to the StreamlineREO services and software, if any, is governed by the terms and conditions of that third party's separate end user license.

INTELLECTUAL PROPERTY RESTRICTIONS:

StreamlineREO and its affiliates maintain complete ownership of all intellectual property used in delivering any services associated with your use of this website. You may not modify, copy, distribute, reproduce, publish, license, create derivative works, transfer, sell, or display any products, services, data, files, source code, or other such property that you obtain from your use of StreamlineREO services without our express written consent.

You agree to not reverse engineer, copy, distribute, or otherwise appropriate any source code or other proprietary information, including trade secrets, as that term is defined by California state law, without our express written authorization.

If you wish to become a member of our affiliate marketing program, please send e-mail to marketing@StreamlineREO.com.

CONSENT TO ELECTRONIC CORRESPONDENCE AND AGREEMENTS:

Your use of this website constitutes your consent to receive any notice, offers, acceptance, or other correspondence in electronic form. You shall not deny the legal effect of any electronic communication simply because it is transmitted to you electronically via modification to these Terms, email, a StreamlineREO website message system, facsimile, Adobe PDF, or other such electronic format. You expressly agree to be legally bound by any such communications, expressions of assent to any agreement, or agreements in electronic format.

BROKER/AGENT ACCOUNTS:

To access the StreamlineREO.com System ("System"), you must complete the online Broker/Vendor signup process and agree to the Terms ("Terms"). Our Affiliate marketing partners may from time to time, have promotions or specials, and it is up to you to sign up using the Affiliate landing page you were provided by the Affiliate. If you skipped this step, you may send email to support@StreamlineREO.com to have your account linked to the appropriate Affiliate program. StreamlineREO, LLC is delivered as a web-based service. Anyone wishing to access StreamlineREO, LLC must obtain access to the Internet independent and in addition to their StreamlineREO membership.

StreamlineREO, LLC utilizes JavaScripts, Cookies, and CSS-3 to deliver our System. As such, you will need to configure your Operating System/Browser to treat StreamlineREO, LLC as a "Trusted" site in order for all the functions to operate properly. We will not install any Active-X or Java controls on your system. We recommend using one of the following Operating Systems/Browser combinations for the best possible experience:

Windows XP, Vista, 7 / Internet Explorer 7, Internet Explorer 8, Firefox 3, Opera 10, Safari 4, Chrome 3

Macintosh / Safari 4, Firefox 3

Linux / Firefox 3

iPhone / Safari

iPad / Safari

BlackBerry / Opera Mini 4

You agree and are personally responsible to:

provide accurate, current and complete information about yourself in all required fields on the registration form
maintain and promptly update your personal contact information
keep all listings that are publically visible on your StreamlineREO, LLC website in sync with the status, price, and details on your local MLS system and in accordance with the rules and regulations of your local association. While all states provide a grace period, we strongly encourage you to make corrections as quickly as possible.

After completing the sign-up process, you will receive your password and login-id via e-mail. You can request that your password be e-mailed to you at any time. You are responsible for the confidentiality of your password, and are fully accountable for all activities that occur under your account. StreamlineREO.com provides you with a record of the last 50 times your account has been accessed, including the login time, time of last activity, total pages viewed while logged in and the IP-Address of the computer used. You are responsible for notifying StreamlineREO of any unauthorized use of your account. StreamlineREO has the right to disable or terminate your account for providing any information that is untrue, inaccurate, inappropriate, misleading, out of date, or in violation of the rules of conduct as set out by the governing bodies under which you work; including but not limited to the National Association of Realtors, your state Realtor board, local Realtor Association, Federal, State, County and City governments.

Windows XP Users: In 2004, TLS + SNI was introduced as a method to improve browser security for SSL encrypted services. Our servers use this, but Microsoft has not provided support in Windows XP. Windows XP users can use Firefox or Opera if they expierence difficulty with SSL encrypted pages. We highly recommend upgrading to Vista or Window 7. For more information, read http://en.wikipedia.org/wiki/Server_Name_Indication

REFUND POLICY:

StreamlineREO provides full refunds for up to 45-days after timely payment of any monthly bill, described more fully below, and in accordance with the policy of our credit-card processing service; provided you have not used the service during that period. StreamlineREO keeps a log of the last 50 times you have accessed your account. This information is visible to you under your profile and will help you determine whether or not your account has been compromised. The same log will be used to verify your eligibility for a refund. Refunds cannot be made for charges more than 45-days old.

Your use of the StreamlineREO.com services will be billed on a month-to-month basis. Your service will continue as long as you agree to pay and timely pay the monthly fee. Billing will occur automatically between 2:00AM and 3:00AM Pacific time on the same day of the month you initially joined StreamlineREO.com, which shall be your due date. A successful monthly payment through this billing process , and will provide you with an additional month's membership from the due date of your payment. All prices and payments shall be are in United States dollars, including charges to your Credit Card.

You will receive notification by e-mail if your monthly billing fails for any reason. In that event, you will continue to have full use of the service for seven (7) days from the date of failure of your monthly billing. If you do not provide StreamlineREO with the monthly payment within those seven (7) days, your access will become limited to only your profile section on the expiration of the seventh day. You will be able to use your profile section you can use to re-activate your account.

We will maintain your account, at no charge to you, in an inactive state for a period no less than 12-months. You can resume your membership at any time without penalty or loss of data within that 12-month time frame. StreamlineREO reserves the right to discard data in accounts that remain inactive beyond the 12-month grace period.

CONTENT RESTRICTIONS

You understand and agree that StreamlineREO may review and delete any content, messages, and photos contained in or transmitted through your account that in the sole judgment of StreamlineREO violates this Agreement, or that might be offensive, inappropriate, illegal, or that might harm, violate the rights, or threaten the safety or security of others. StreamlineREO will fully cooporate with law enforcement officials and will provide the date, time and IP addresses from which any illegal materials are posted to our site. Such illegal and offensive materials include, but are not limited to, pornographic or sexually explicit material of any kind, solicitation of or providing any information about persons under the age of 18, racist speech, bigotry, direct threats or hate speech targeted at an individual or organization, terrorist propaganda, defamatory or libelous statements or images, promotion of an illegal or unauthorized copy of another person's copyrighted work, links to sites that promote or enable the illegal or unauthorized copy of another person's copyrighted work including but not limited to; computer software, music, games, books, and movies; any information that could be used to gain access to password or otherwise protected materials both online and at any physical location; any information that seeks to impersonate any person or entity, or any inaccurate representation of your affiliation with a person or entity; solicitation or marketing of any illegal substances or products; posting or providing links to any kind of malicious software including computer viruses, trojans, "bots," and spyware. Posting or solicitation of any content in violation of any and all applicable laws and regulations of the United States, the State of California, and all other governing bodies in your location of business.

By posting content to StreamlineREO, you represent and warrant that you own the rights, title, and interest to said content, and that you own or have obtained the right to grant to StreamlineREO, an unencumbered license to use, display, copy, and distribute said information and content. You are solely responsible for the content that you publish or display anywhere on StreamlineREO, both on publically visible pages such as your Realtor Website, and private locations such as the library and forms storage area.

You are prohibited from using StreamlineREO.com to transmit unsolicited mass mailings known as "junk mail," "chain letters," or "spam" in violation of the CAN-SPAM Act of 2003 and any such use will lead to the immediate termination of your service.

REIMBURSEMENT OF LEGAL FEES:

StreamlineREO does not actively monitor the conduct of its members. You are solely responsible for your interactions with other StreamlineREO.com members and any information you make public through the Service. StreamlineREO will fully cooperate with any court subpoenas, but has no obligation to participate in or resolve disputes between members, or between a member and someone in the general public. If a representative of StreamlineREO.com is required to appear in court as a result of your violation of any laws or regulations, you agree to reimburse StreamlineREO.com $2,500 per day for each StreamlineREO representative who must appear in court, plus all legal fees, costs, including travel expenses, and fines incurred by StreamlineREO.com.

TERMINATION OF SERVICE:

Your StreamlineREO, LLC subscription cannot be transferred or sold. Persons wishing to sell StreamlineREO.com's service must sign up with our affiliate marketing program.

StreamlineREO reserves the right to suspend, cancel or terminate an individual's account if there is any speculation of misconduct or we receive communications from any law enforcement body regarding illegal use of the Service. In such a case, you forfeit any rights to a refunded or proration of service.

Should StreamlineREO decide to suspend the Service for any reason other than breach of this contract, we will refund to you the unused pro-rata portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.

Should you have any questions regarding billing, they should be directed to our Accounting Department via email to accounting@StreamlineREO.com. Failure to direct your e-mail to the correct department will cause a delay, or possibly the inability to responding to your inquiry as not all e-mail addresses for StreamlineREO, LLC are monitored by a live representative.

If at any time, you wish to cancel your account, you simply need to remove your credit card information from your profile prior to your membership due date to avoid being billed for the next month. Your membership due date is detailed on the "Coverage/Billing" area of your profile. You agree that StreamlineREO shall not be liable to you or to any third party for any suspension or discontinuance of the service.

EXTERNAL LINKS:

StreamlineREO, LLC may provide links to Internet websites maintained by third parties. Third-party links do not constitute any endorsement by StreamlineREO, LLC and/or its affiliates. StreamlineREO, LLC does not operate or control in any respect any information, products, or services on such third-party sites. Individuals assume full responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites.

MODIFICATIONS TO SERVICE AND TERMS:

These Terms were last modified on Aug 14, 2010. At any time and without prior notice, StreamlineREO.com reserves the right, in its sole discretion, to modify, add or remove terms of these Terms. Members will be notified that the Terms have changed using the StreamlineREO.com system notifications service upon their next login to the system. Additions or removals will be posted here, and all such changes shall be effective immediately. Your continued use of this website and/or the StreamlineREO.com services following our posting of any such change on our site will constitute binding acceptance of such change. Should you disagree with any such amendments to the Terms, and you wish to terminate your service, simply send an e-mail to accounting@StreamlineREO.com indicating that you no longer agree to the Terms. Your account profile and service will then be terminated and you will receive a pro-rated refund for any unused portion of your service for that month.

DISCLAIMERS OF WARRANTIES:

The services, products, offerings, content and materials on this website are provided "as is" and without warranties of any kind, either express or implied. StreamlineREO disclaims all warranties, express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement. Furthermore, StreamlineREO does not guarantee the accuracy of any information, pictures, or data obtained from a third party and transmitted or displayed through this website.

StreamlineREO.com, our affiliates, licensors, licensees, service providers, suppliers, and representatives of the aforementioned entities do not warrant that this website or any function contained in this website will be uninterrupted, error-free, and free from any and all potentially unwanted or harmful content. Nor do we warrant that equipment or services outside our control (such as your ISP, routers, proxy servers, and firewalls) will be free from interference with your ability to access our service.

Any advice or information obtained by you from our personnel, affiliates, licensors, licensees, service providers, suppliers, and representatives of the aforementioned entities or through information posted elsewhere on this website or any other website does not create any warranty except as expressly provided for in these Terms.

LIMITATION OF LIABILITY

You expressly understand and agree that StreamlineREO and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from:

the use or the inability to use this website
the use of any content or other material provided by this website
the use or the inability to use any websites, products or services linked to or displayed on this website
the use or the inability to use any websites, products or services that referred you to our service
the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained directly or indirectly through our service
the cost of contracts or transactions entered into through or from this website
unauthorized access to or alteration of your transmissions, postings or data
transmissions of information or data by you using our system to any individual or entity not unauthorized to receive said information/data
statements or conduct of any third party on or in reference to our website
any other matter relating to the use or content of this website

Under no circumstances shall our total liability to you or any third party for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount paid by you, for accessing this website. Your sole and exclusive remedy in the event you are dissatisfied with any portion of our service, or any provision within these Terms, is the termination of your account and discontinuation of use of this website. See our Refund Policy and Modifications to the Service and Terms above for details on refunds and pro-rations of service.

INDEMNITY

You agree to indemnify and hold harmless StreamlineREO, its subsidiaries, affiliates, officers, agents, and other partners and employees from any real or intangible loss, liability, claim, or demand; including reasonable attorney's fees, made by any third party due to or arising out of:

your use of the service in violation of this Agreement
a breach of these Terms
any breach of your fiduciary responsibility
any conduct in violation of any and all laws and regulation of the United States, the State of California, and all other governing bodies and licensing associations in your location of business

All questions relating to this website's validity, interpretations, performance and enforcement, including the Terms, shall be governed by and construed in accordance with the laws of the State of California. Any action relating to this website's validity, interpretations, performance and enforcement, including the Terms, must be brought in the federal or state courts located in San Diego, CA, and you irrevocably consent to the jurisdiction of such courts. Our failure to monitor and enforce your strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, of any provision of these Terms pursuant to litigation will be effective only if in writing and notarized by a licensed notary public within the state of California by an authorized representative of StreamlineREO

StreamlineREO shall not be responsible or liable to you for any delay or failure to perform under these Terms if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of StreamlineREO.

INTERNATIONAL USE AND EXPORT CONTROL:

Regardless of your country of residence, you agree to comply with all regulations of the United States federal government, and the State of California. You agree not to post or make available on our website any technical data or information that is under export control by the United States, any of the 28 member states of NATO, or the country in which you reside.

The software, information and services on this site may be subject to United States export controls. No software, information or services may be downloaded from the this website or otherwise exported or in any manner delivered or made available to a citizen, resident or any other entity or agent of:

Cuba, Iraq, Iran, Libya, North Korea, Syria, any other Country to which the U.S. has embargoed goods
Anyone on the U.S. Treasury Department's list of Specially Designated Nationals
Anyone on the U.S. Commerce Department's Table of Deny Orders

By using the StreamlineREO software or service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. In the event that any such breach of export control is discovered, StreamlineREO has the right to remove such content from the site immediately and refer the incident to federal authorities.

LIMITS ON LIABILITY FOR DOCUMENT STORAGE:

StreamlineREO provides online storage and access to your documents in a manner intended to make finding your documents quick and easy. We provide you with an off-site document storage solution much like Carbonite or Mozy but tailored for real estate professionals. Furthermore, we will store your documents securely for the duration of your use of the StreamlineREO services up to 3 years from the close date of a transaction, or 4 years from the date the property is entered into the system, whichever comes first. On the expiration of said duration, we will give you the option to maintain the documents online for an additional charge. StreamlineREO shall have the right to set and change the annual fee in its sole discretion from time to time.

Although we will use our best efforts to maintain the security of your data, we cannot guarantee its absolute integrity. StreamlineREO shall not be held liable for any direct, indirect or consequential damages resulting from loss of data. You acknowledge that your use of StreamlineREO as an off-site data backup solution for important documents is at your own risk.

UNLAWFUL USE:

As a condition of your use of the services, you promise to not use the services for any purpose that is unlawful, prohibited by these Terms, conditions, and notices, or in a manner that is not contemplated or unintended by these Terms.

ATTEMPTED CIRCUMVENTION OF SECURITY:

You shall not attempt to gain unauthorized access to any of our servers or other member accounts. StreamlineREO maintains a permanent log of all attempts to access our servers by any means other than your web browser, and we reserve the right to permanently block any individual computer, network or corporation from accessing our system. Repeated attempts will result in a full accounting of your activities being turned over to the Federal government for prosecution under The Federal Computer Crime Statute, 18 USC 1030(a)(2)(c).

EXCESSIVE BURDENING OF THE SYSTEM OR SERVERS:

You may not use the Services in any manner that could overburden, or impair any StreamlineREO server, nor may you act in any way intended to damage, or disable the services, StreamlineREO servers, or the network(s) connecting StreamlineREO servers to the Internet.

StreamlineREO, its logos, and the products referenced herein are either registered trademarks or trademarks of StreamlineREO, LLC or its affiliates in the United States. Any rights not expressly granted herein are reserved.

ENTIRE AGREEMENT:

These Terms represent the complete and entire agreement between StreamlineREO and you. These Terms supersede and make invalid all prior agreements of the parties relating to any items contained herin. If any provision of these Terms is held invalid, the remainder of the Terms shall continue in full force and effect. You acknowledge that you have read these Terms and understand and agree to all of them in their entirety. You have independently evaluated the desirability of using StreamlineREO, and are not relying on any representation, guarantee, or statement other than as set forth in these Terms.

ACCEPTANCE OF AGREEMENT:

I accept the terms of this agreement
I read the terms of this agreement