Terms and Conditions of CCAR Website Use

Effective May 1, 2011

The following terms and conditions govern use of this Site:

1.  Definitions.  "CCAR" shall mean the CALAVERAS COUNTY ASSOCIATION OF REALTORS®, its employees, officers, directors, and all other persons or entities affiliated with C.C.A.R. responsible for creating, maintaining, and publishing this Site. "Content" shall mean all materials, information and images contained on the Site, including but not limited to, trademarks, copyrightable materials, advertisements, data, text, graphics, files, photos, software and video. "Site" shall mean the Internet site located at the URL address .  "User" shall mean any person or entity that accesses or uses the Site in any manner.

2.  Limited License for Personal and Non-Commercial Use Only.  Printing of Site Content.  Users of this Site are granted a limited, nonexclusive license to use the Site and its Content for personal and non-commercial use only. Users may print articles, news stories, press releases, FAQs and other reading materials ("Documents") from this Site for the User's personal, non-commercial use only, provided that such Documents are not modified or revised in any manner. Except as permitted herein, Content may not be reproduced, sold, licensed, transferred, modified, distributed, transmitted, used to create derivative works from, published, displayed, or otherwise used or exploited for any purpose without the express written permission of C.C.A.R. Users agree not to use this Site or the Content for any illegal or prohibited purpose, or in any manner that could damage, disable, overburden or impair the Site, Content or any of C.C.A.R.'s servers, or interfere with any other party's use of the Site or Content. Users agree that they shall not attempt to gain any unauthorized access to the Site or Content, through password mining, hacking or any other means, or harvest or otherwise collect information about others, including e-mail addresses. Users agree that they will not attempt to obtain any Content not intentionally made available to them at this Site. Users shall not upload any files that contain Trojan horses, viruses, cancelbots, corrupted files, worms, or other programs or software that may damage or interrupt the websites, computers or software of C.C.A.R. or others.

3.  Linking to or Framing this Site.  Users may not create links to or frame the Site for any purpose without the express written consent of C.C.A.R.

4.  Links to Third Party Sites; Accuracy of Content on Third Party Sites.  Links to other sites operated by independent, third parties exist on this Site. While C.C.A.R. takes reasonable steps to select and provide links that add value to the Site, C.C.A.R. is not responsible for the content contained on any linked site. Furthermore, unless expressly indicated otherwise, C.C.A.R. does not endorse, approve, or otherwise warrant the accuracy of any information or content contained on a linked site. Users should review the terms and conditions of use and the privacy policy of the linked site, if any, before using that site.

5.  Advertisers.  Advertisement banners and other forms of advertising exist on the Site. However, C.C.A.R. is not responsible for the claims or representations made by any advertiser on the Site nor is C.C.A.R. responsible for the products and services of advertisers on the Site. Furthermore, mere presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by C.C.A.R. in any respect unless expressly indicated otherwise.

6.  Additional Terms and Conditions for the Legal and Members Only Sections of this Site.  In addition to this Agreement, Users who access and use the sections on this Site entitled "Legal" and "Members Only" are bound by additional terms and conditions of use governing those sections. Users can review and must agree to be bound by those additional terms and conditions before accessing and using those sections.

7.  Accuracy and Updating of Site Content.  C.C.A.R. takes reasonable steps to maintain the accuracy and update the Content on the Site. However, C.C.A.R. does not make any representations or warranties regarding the accuracy of the Content, nor does C.C.A.R. make any commitment to update the Content. C.C.A.R. reserves the right in its sole discretion to add, remove or otherwise modify the Content and the Site at any time without notice.

8.  Forums and Blogs; Responsibility for Submissions; CCAR’s Right to Remove Submissions.  From time to time a discussion forum, bulletin board, blog, chat area, news group, community, or other feature designed so that Users may upload data and images or communicate with others ("Forum") may be made available to Users on this Site. C.C.A.R., in its sole discretion, reserves the right to review, control or edit any text, data, images, files, or other materials that may be uploaded, posted or submitted in any Forum ("Submissions") as well as the right to refuse to post any such Submission. C.C.A.R. does not guarantee that it will review every Submission, nor does C.C.A.R. guarantee the accuracy, legality or reliability of any Submissions, and under no circumstances will C.C.A.R. be responsible or liable for Submissions, and Users are advised to investigate and evaluate Submissions prior to relying on any of them. Users understand that Submissions may be accessible to and viewed by the general public, therefore Users should exercise caution before including any personally identifiable information in a Submission.

Users represent and warrant that they have the legalright and/or have obtained all licenses and permissions necessary to post the Submission, and that the Submission will not violate any law or infringe on the rights of any third party, including but not limited to copyright, trademark, patent, privacy orpublicity rights. Users shall not post any Submission that is defamatory, libelous, sexually explicit, obscene, inappropriate, indecent, or profane, or that is done with the intent to harass, stalk or threaten others. Users shall not use Submissions or the Forum in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail or spamming. Users shall not impersonate any other person when posting a Submission or create a false identity to mislead others. C.A.R. has the right, at C.A.R.'s sole discretion, to copy, reproduce, distribute, transmit, and display Submissions at any time without consideration, and C.A.R. has the right to delete any Submission at any time without notice. Users agree to indemnify, defend and hold C.A.R. harmless from any claims, actions, liabilities, loss, costs, damages, or expenses, including reasonable attorney's fees, that may arise directly or indirectly from the User's Submissions. Submissions may not contain any advertisements or solicitations without C.A.R.'s prior written consent.

Each Forum may have rules particular to that Forum, and Users agree to abide by those rules when participating in that Forum. C.C.A.R. reserves the right to limit or terminate access to Forums at any time for any reason without notice.

C.C.A.R. blogs and their contents are made available for informational and educational purposes only, and do not provide legal advice. You agree and understand that your use of C.C.A.R. blogs does not create an attorney-client relationship, and the contents of C.C.A.R. blogs do not constitute legal advice. Information provided through C.C.A.R. blogs may not reflect the most current legal developments and is not guaranteed to be correct, complete, up-to-date, or applicable to your particular transaction or situation. You should contact an appropriate professional for advice on your particular transaction or situation. All contributing authors to C.C.A.R. blogs expressly disclaim any and all liability to any persons or entities with respect to actions they take or do not take based on the contents of C.C.A.R. blogs, and you agree that by visiting and viewing C.C.A.R. Blogs, C.C.A.R., its affiliates, and the contributing authors to C.C.A.R. blogs are not liable for the contents of the blogs.

The information provided and comments posted in C.C.A.R. blogs are exclusively the personal views of the authors only, unless otherwise attributed. Information and comments provided through C.C.A.R. blogs do not necessarily represent the views of C.C.A.R. or C.C.A.R. blog editors and should not be attributed to them unless expressly indicated. The posting of an item on C.C.A.R. blogs does not mean that C.C.A.R. or C.C.A.R. blog editors approve or disapprove of the selection or contents of that item.

The text, graphics, and their selection and arrangement on C.C.A.R. blogs are the copyrighted works of C.C.A.R. All rights are reserved

9. RSS.  RSS (aka Really Simple Syndication) is a free service offered by the CALAVERAS COUNTY ASSOCIATION OF REALTORS® (C.C.A.R.) for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted toward the RSS content, are strictly prohibited without prior written permission from C.C.A.R. The RSS feeds must be used as provided by C.C.A.R., and may not be edited or modified. Use of any C.C.A.R. RSS feed must be accompanied by proper attribution to C.C.A.R. as the source. C.C.A.R. retains all ownership and other rights in the RSS feeds, and all logos and trademarks used in connection with the RSS feeds. C.C.A.R. reserves the right to discontinue providing any or all the RSS feeds at any time, and require any user to cease displaying, distributing or otherwise use any of the RSS feeds for any reason, including, without limitation, any violation of any provision of these Terms of Use. C.C.A.R. assumes no liability for the accuracy of the content provided within the RSS feeds and any of your activities in connection with the RSS feeds.

10.  Disclaimer.  THE CONTENT ON THE C.C.A.R. SITE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, C.C.A.R. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON INFRINGEMENT OF INTELLECTUAL PROPERTY, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. C.C.A.R. DOES NOT WARRANT OR GUARANTEE THE ACCURACY, AVAILABILITY, RELIABILITY, ACCESS TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE OR THE CONTENT.

11.  Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL C.C.A.R. BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, DATA OR PROGRAMS ARISING FROM THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THIS SITE.

12.  Modification of Agreement.  C.C.A.R. reserves the right, in its sole discretion, to modify or revise this Agreement at any time without giving notice. Users agree to be bound by any modification or revision of the Agreement upon electronic posting to the Site.

13.  Suspension or Termination of Access.  C.C.A.R. reserves the right, in its sole discretion, to suspend or terminate a User's access to the Site for any reason, including but not limited to, a User's breach of this Agreement.

14.  Indemnification.  User agrees to defend, indemnify and hold harmless C.C.A.R. from all actions, liabilities, losses, claims, damages, costs, and expenses including but not limited to reasonable attorney's fees, resulting from the User's violation of any term of this Agreement or alleged illegal use of this Site.

15.  Reservation of Rights.  All rights not expressly granted or addressed herein are reserved by C.C.A.R.

16.  Choice of Law; Jurisdiction and Venue.  This Agreement shall be governed in accordance with the laws of the State of California, excluding its conflict of law principles. In the event a dispute arises between User and C.C.A.R. from this Agreement or use of the Site, such dispute shall be submitted to a state or federal court with appropriate jurisdiction located in the County of Calaveras, California, USA.

17.  Ownership of Site and Content.  All right, title and interest in and to the Site and Content belong solely and exclusively to C.C.A.R. and/or any third party owner of particular Content. The Site and the Content are protected by applicable federal, state and local laws, including but not limited to copyright and trademark laws.

18.  Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. 512.  If you wish to notify C.C.A.R. of Content on the Site that may result in copyright infringement pursuant to 17 U.S.C. 512, please mail your notification to our designated agent at: DMCA Notification/Attention: Association Executive, 1270 Suzanne Dr, Suite B, P.O. Box 313, Angels Camp, CA 95222, or fax your notification to our designated agent at (209) 736-0017.

19.  User’s Content to be Legally Bound to Agreement.  IN CONSIDERATION OF BEING ALLOWED TO USE THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE. USE OF THE SITE IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR ASSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING AND/OR USING THIS SITE IN ANY MANNER.

Last Revised May 1, 2011