VILLA REAL ESTATE TERMS OF USE

Welcome to the villarealestate.com web site (the "Web Site"). This Terms of Use agreement (this “agreement”) is a legal agreement between you and Villa Real Estate (“Company”, “we”, “us” or “our”) providing, among other things, the terms and conditions for your use of the Web Site accessible at  www.villarealestate.com. Please read the agreement carefully before continuing on with your use of this Web Site. This agreement shall govern the use of the Web Site and apply to all Internet traffic visiting the Web Site. This agreement is meant to protect all of our Web Site visitors and your use of this Web Site signifies you accept and agree to the terms and conditions of this agreement without any reservations, modifications, additions, or deletions. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. This agreement contains warranty and liability disclaimers. You may be denied access to the Web Site, with or without prior notice to you if you do not comply with any provision of this agreement.

We may from time to time modify these Terms of Use and will post a copy of the amended agreement at http://www.villarealestate.com/terms. You will be deemed to have accepted the agreement as amended if you continue to use the Web Site after any amendments are posted on the Web Site. We reserve the right to refuse to provide our products and services to anyone at any time.

USE OF THE WEB SITE

Authorized Users:

In order to use the Web Site, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this agreement and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this agreement, please do not attempt to access this Web Site.

We reserve the right to restrict certain areas of information on this Web Site to our approved registered users. In the event that any area of the Web Site requires you to register with us prior to our granting you access to such areas of the Web Site, you agree to provide truthful information, including but not limited to a member name and password as well as your name, address, telephone number and a valid email address (the “account information”). You agree to provide accurate account information and to update your account information as necessary to keep it accurate. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password or account. Company will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless Company, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account. Registration data and certain other information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy which can be found at www.villarealestate.com/privacypolicy.

License:

Company grants to you a limited, non-exclusive, non-transferable license to access and use the Web Site in accordance with the terms and conditions set forth in this agreement. Company reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Web Site not specifically permitted under this agreement is strictly prohibited.

Restrictions:

You agree that you will not: (i) use the Web Site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without Company’s express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Web Site; or (iii) use our Web Site in any way that violates the terms of this agreement. The Web Site is owned by Company and is protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this agreement is void.

Additionally, You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the Web Site; (c) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (d) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; (f) send chain letters or pyramid schemes via the Web Site; or (g) attempt to gain unauthorized access to other computer systems through the Web Site. You agree that you will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site.

COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY

All content on this Web Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Company or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Company. Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. Without the prior written consent of Company or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of the coldwellbanker.com and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to Company that you will not use our Web Site for any purpose that is unlawful or prohibited by the terms and conditions of this agreement, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of terms and conditions of this agreement, your permission to use our Web Site immediately terminates without the necessity of any notice. Company retains the right to deny access to anyone at its discretion for any reason, including for violation of the terms and conditions of this agreement. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the Content or other materials on this Web Site without prior written consent of Company.

PRIVACY POLICY

Unless otherwise addressed in this agreement, your use of this Web Site is subject to Company's Privacy Policy, which is incorporated by reference and made a part of this agreement. It is important that you read and understand the terms of Company's Privacy Policy. Company may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this Web Site.

SUBMISSIONS

If you submit to us or post on the Web Site any property listing, testimonial, comment, review, suggestion or any work of authorship (collectively a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

DISCLAIMERS

ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

Company makes no representations, warranties or guarantees that use or results of the use of the Web Site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, Company may modify, suspend, or discontinue any aspect or feature of this Web Site or your use of this Web Site. If Company elects to modify, suspend, or discontinue the Web Site, it will not be liable to you or any third party.

All property listing information contained within this Web Site is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this Web Site are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a listed property. You and your tax and legal advisors should conduct your own investigation of any property listed on this Web Site and any contemplated transaction concerning any property listed on this Web Site.

You acknowledge that your submission of any information to us is at your own risk. Company does not assume any liability to you with regard to any loss or liability relating to such information in any way.

Some of the content, products, and services available through the Company Web Site may include materials that belong to third parties. You acknowledge that Company assumes no responsibility for such content, products or services.

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER COMPANY, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COAMPANY AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (I) any violation by you of the terms and conditions of this Agreement; (ii) your use or misuse of this Web Site; or (iii) any infringement by you of the copyright or intellectual property rights of any third party.

GENERAL

Company complies with all applicable laws, including, but not limited to, privacy laws and individual state laws with respect to the sale or lease of real property. You agree that you will comply with all such laws applicable to you.

Company or its business partners may present advertisements or promotional materials on or through the Web Site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Web Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Web Site.

If you know of, or suspect, copyright infringement, please send a notice to Villa Real Estate; c/o Marketing Director;660 Newport Coast Drive, Suite 200, Newport Beach, CA 92660. The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.

This agreement will be governed by the laws of the state of California. The exclusive jurisdiction for any claim, action or dispute with Company or relating in any way to your use of the Web Site will be in the state and federal courts of the state of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the county of Orange, California.

Company may send notices to you with respect to your use of the Web Site by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by a posting a note on the Web Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed sever able from this agreement and shall not affect the validity and enforceability of any remaining provisions.

You acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY Villa Real Estate