Terms & Conditions of Site Use ("Agreement")
Effective September 15, 2006
The following terms and conditions govern use of this Site:
1. Definitions. "C.A.R." shall mean the California Association of REALTORS®, its employees, officers, directors, and all other persons or entities affiliated with 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 http://www.learning.net/partners/car. "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, subject to the terms and conditions of this Site and any applicable registration requirements and payment of any applicable enrollment fees. Users may print documents (“Documents”) from this Site for 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.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.A.R.’s or its 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.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.A.R.
4. Links to Third Party Sites; Accuracy of Content on Linked Sites. Links to other sites operated by independent, third parties exist on this Site. While C.A.R. takes reasonable steps to select and provide links that add value to the Site, C.A.R. is not responsible for the content contained on any linked site. Furthermore, unless expressly indicated otherwise, 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 may exist on the Site. However, C.A.R. is not responsible for the claims or representations made by any advertiser on the Site nor is 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.A.R. in any respect unless expressly indicated otherwise.
6. Professional Advice. The Content on the Site is believed accurate as of the date of its posting to the Site. It is intended to provide general answers to general questions and is not intended as a substitute for individual legal, tax or other professional advice. Advice in specific situations may differ depending upon a wide variety of factors. Therefore, Users with specific legal tax, or other professional questions should seek the advice of an appropriate professional.
7. Accuracy and Updating of Site Content. C.A.R. takes reasonable steps to maintain the accuracy and update the Content on the Site. However, C.A.R. does not make any representations or warranties regarding the accuracy of the Content, nor does C.A.R. make any commitment to update the Content. 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; Responsibility for Submissions; C.A.R.‘s Right to Remove Submissions. From time to time a discussion forum, bulletin board, chat area, news group, community, or other features designed so that Users may upload data and images or communicate with others (“Forum”) may be made available to Users on this Site. C.A.R. does not actively review, control or edit any text, data, images, files, or other materials that may be uploaded, posted or submitted in any Forum (“Submissions”), nor does C.A.R. guarantee the accuracy, legality or reliability of any Submissions. As such, under no circumstances will 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 legal right 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 or publicity 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.A.R. reserves the right to limit or terminate access to Forums at any time for any reason without notice.
9. DISCLAIMER. THE CONTENT ON THE C.A.R. SITE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, C.A.R. DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. 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.
10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 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.
11. Modification of Agreement. 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.
12. Suspension or Termination of Access. 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.
13. Indemnification. User agrees to defend, indemnify and hold harmless 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.
14. Reservation of Rights. All rights not expressly granted or addressed herein are reserved by C.A.R.
15. 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.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 City and County of Los Angeles, California, USA.
16. Ownership of Site and Content. All right, title and interest in and to the Site and Content belong solely and exclusively to 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.
17. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to 17 U.S.C. 512. If you wish to notify 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: Assistant General Counsel, 525 South Virgil Avenue, Los Angeles, California 90020, or fax your notification to our designated agent at (213) 480-7724.
18. Additional Restrictions. No person under the age of 18 has authorization to use this Site without the consent of their parent or legal guardian. Use of the Site by any User shall be deemed to be a representation that the User is 18 years of age or older or with the consent of the User’s parent or legal guardian.
19. Cookies. “Cookies” are small encrypted data files (containing references to user ID information supplied by the User and stored on our secure server) that may write to your hard drive once you have accessed a site. C.A.R. uses cookies to track your progress through a course. The cookie contains only your UserID. If you have questions concerning the use of cookies, please contact our Technical Support Department for additional information.
20. Refunds. We will gladly grant a refund for any course under the following circumstances: a) You accidentally purchase the wrong course or an inappropriate course for your field of interest; b) You begin a course but are confused or dissatisfied with the course; c) Your requirements change while in the middle of a course; d) A course expires before you complete it and is therefore not valid for credit; or e) You become dissatisfied with the system for any reason and want to cancel your membership. ONCE A TEST HAS BEEN SUBMITTED, WE CANNOT GRANT A REFUND.
21. Course Completion. At the completion of a course, you will be presented with a final certification exam. Upon answering the questions, the exam is graded electronically and you are immediately informed of the results. A "passing grade" for each course is set according to standards posted by the corresponding professional association or industry regulator. If a passing grade is achieved, you are issued a completion certificate and a record of completion is stored in the Learning.net system. The records will be made available for review by any duly recognized compliance authority.
If a passing grade is not achieved, you will be notified immediately and will be presented with options for re-taking the test based on guidelines set by the governing body. In some instances, those requirements allow for the same test to be taken again a limited number of times and resubmitted until a passing grade is met. In other cases, it is necessary to take a completely different test covering the same material. Except where otherwise required by a governing body, C.A.R. allows a maximum of three (3) test submissions.
22. Records Retention. C.A.R. retains records for a minimum of five years after the Course certificate of completion issuance date.
23. USER'S CONSENT 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 AND AS MAY BE AMENDED BY C.A.R. FROM TIME TO TIME. 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.