Terms of Service

Welcome to RealBird Real Estate Home Search!
By using this Service, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). We may update the Terms of Service without notice to you, and you are responsible for checking the most current version of the Terms of Service.

This Service is based on the listing data and API (Application Programming Interface) provided by the Google Corporation. Therefore, this Service is compliant with Google Corporation’s TOUs governing the distribution of their content and use of their API. By accepting the RealBird TOUs you also agree to accept the TOUs of the Google Corporation, which are listed at:

http://base.google.com/support/bin/answer.py?answer=62594&hl=en and http://code.google.com/apis/base/terms.html
1. USE OF SERVICES
In consideration of your use of this Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of a registration process and/or continued use of the services offered by this Service, and its affiliated companies. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify RealBird of any unauthorized use of your password or account or any other breach of security. RealBird cannot and will not be liable for any loss or damage arising from your failure to comply with this Section RealBird reserves the right to refuse service to anyone at any time without notice for any reason.
2. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You understand that by using these Services, you may be exposed to Content that is inaccurate, incomplete or objectionable.

You agree that you are responsible for your own conduct while using this Service and for any consequences thereof. You agree to use this Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using this Service, you will not:

* defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
* email or transmit or otherwise make available any Content that you know to infringe any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content;
* email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
* download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
* impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
* restrict or inhibit any other user from using and enjoying this service;
* use this services for any illegal or unauthorized purpose;
* remove any copyright, trademark or other proprietary rights notices contained in the content of this service;
* use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this service or collect information about users for any unauthorized purpose;
* create user accounts by automated means or under false or fraudulent pretenses;
* promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
* transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.
Copyright And License
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, search results, graphics, images, pictures, sound files, software code and other files, and the selection and arrangement and compilation of information ("Materials") thereof are ALL RIGHTS RESERVED Copyright © to the entities as shown in the respective copyright notices. You are granted a limited, non-sublicensable right to access this Site, use the Services and print the Materials for your personal, non-commercial, and informational use only. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. The foregoing license grant does NOT include the right for you to:


RealBird does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in the search results and that we derive from the source Web site or information provided by the Web site owner. Any use of the source images or descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.
Links To Other Sites

The Services may contain links to third-party Web sites. These third-party sites are not under the control of RealBird. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. RealBird is not responsible or liable for the contents of any linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Digital Millennium Copyright Act Compliance

RealBird complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512). If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide to us the following written information:

* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim has been infringed upon;
* A description of where the material that you claim is infringing is located on the Site;
* Your address, telephone number, and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Before sending a notice to RealBird, you should confirm that you are the copyright owner or have rights to the copyright which the DMCA requires. All communications should be directed to:

RealBird Inc.
101 Cooper Street
Santa Cruz, CA 95060
Ph/Fax: (866) 551-2934
USA
No Warranties
THIS SITE, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
Limitation Of Liability
IN NO EVENT SHALL REALBIRD, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimer of Responsibility for Third Party Content
RealBird is not a publisher of content supplied by third parties and users of the Site. Accordingly, RealBird has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not RealBird. In many instances, the content available through this Site represents the opinions and judgments of the respective information providers or users. RealBird does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.
Choice Of Law, Waiver, And Claims
These Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law provisions. RealBird’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration
Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either RealBird or you may seek any interim or preliminary relief from a court of competent jurisdiction in California, as necessary to protect the rights or property of you or RealBird.

Privacy Policy

RealBird Inc. ("RealBird", "we" or "us") collects (a) the e-mail addresses of those who communicate with us via e-mail, (b) aggregate information concerning what pages consumers and/or users access or visit, and (c) information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you've requested, when we have your permission, or under the following circumstances:
  • It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
  • We transfer information about you if RealBird is acquired by or merged with another company. In this event, RealBird will notify you before information about you is transferred and becomes subject to a different privacy policy.
  • We provide such information to trusted businesses or persons for the sole purpose of processing personally identifying information on our behalf. When this is done, it is subject to agreements that oblige those parties to process such information only on our instructions and in compliance with this Privacy Policy and appropriate confidentiality and security measures.
  • We provide such information to third parties who have entered into non-disclosure agreements with us.
  • We provide such information to a company controlled by, or under common control with, RealBird for any purpose permitted by this Privacy Policy.
Information Gathering and Usage
  • When you register for RealBird we ask for information such as your email address. Depending on the service, we may also ask for your name, company name or affiliation, billing address and payment information.
  • RealBird uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.
  • Any text, images, or other audiovisual information (collectively, "Content") posted on the Service by you are NOT covered by the Privacy Policy and are subject to the Privacy Policy of the Account Holder for that Hosted Area
Cookies
  • A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a web site's computers and stored on your computer's hard drive.
  • Cookies are required to use the RealBird service.
  • We use cookies to record current session information, but do not use permanent cookies. You are required to log-in to your RealBird account after a certain period of time has elapsed to protect you against others inadvertently accessing your account.
Data Storage
RealBird uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run RealBird. Although RealBird owns the code, databases, and all rights to the RealBird application, you retain all rights to your data.
Disclosure
RealBird may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service
Security
We take precautions to ensure the security of your personal information. However, we cannot guarantee that hackers or unauthorized personnel may gain access to your personal information despite our efforts. You should note that in using the RealBird service, your information will travel through third party infrastructures which are not under our control.
We cannot protect, nor does this Privacy Policy apply to, any information that you transmit to other users. You should never transmit personal or identifying information to other users.
Children
The RealBird service is not intended for children under 13, and we do not knowingly collect information from children under the age of 13.
Children aged 13 or older should not submit any personal information without the permission of their parents or guardians. By using the RealBird service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents' permission to use the service.
Changes
RealBird may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the email address specified in your RealBird primary account holder account or by placing a prominent notice on our site or blog.
Questions
Any questions about this Privacy Policy should be addressed to [email protected] or by mail at:
RealBird Inc.
101 Cooper Street
Santa Cruz, CA 95060