MEMBERSHIP AGREEMENT:
  1. Acceptance of Terms
    This is a legal agreement ("Agreement") between you, the user, together with any company or other business entity Member are representing, if any (collectively, the "Member") and realEZsites.com. ("realEZsites"). This Agreement governs the access and use of all products and services for which Member registers and which are provided by or through any web site or co-branded web site owned or controlled by realEZsites.com. or any successor web sites (collectively, the "Service"). IF MEMBER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE SERVICE.

    The Service is offered to Member conditioned upon Member's acceptance without modification of this Agreement. Member acknowledges that, from time to time, it may be necessary for realEZsites to update or revise certain provisions of the Agreement. By signing up for any realEZsites Service and accepting this Agreement, Member agrees that realEZsites may change the terms of the Agreement in its sole discretion without specific notice to Member. If Member does not agree to the changes proposed by realEZsites, or to any terms in this Agreement, Member's sole and exclusive remedy is to cancel Member's realEZsites Service ("Member's Account"). Notwithstanding the foregoing, realEZsites reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.

  2. General Use of the Service
    Member shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Member agrees that Member will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Member created Web sites, (collectively, "Member Site")in accordance with this Agreement. This means, among other activities, that Member agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Member agrees that Member will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of realEZsites, Member agrees that Member will not access or attempt to access password protected, secure or non-public areas of the Service. If Member attempts to access prohibited areas of the Service, Member may be subject to prosecution.

  3. Charges and Billing
    realEZsites reserves the right to charge fees for the Service or any portion thereof and any applicable fees will be posted on the realEZsites Web Site. If Member is required to pay a fee for all or any part of the Service for which Member has chosen to register. Member hereby authorizes realEZsites to charge Member's valid and current credit or debit card in advance for all applicable fees incurred by Member in connection with Member's chosen Service and Member's Account. Member's Service and Account will automatically renew at the end of each subscription period, unless the Service or Member Account is terminated in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the Member Account, these fees will be billed automatically to the Member's designated valid and current credit or debit card at the start of each renewal period, unless Member terminates the Service before the relevant period begins. If Member registered for the Service using a realEZsites promotional code or discount, after the initial promotional period expires, Member's subscription (base package and any purchased upgrades) will automatically be renewed and billing will continue at the then-current prices for the Service. Member further acknowledges that it is Member's responsibility to notify realEZsites of any changes to Member's credit card and to update Member's credit card number if Member's credit card has expired otherwise Member's access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars. realEZsites shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment; or for free trial sites, the identity of the person registered for the trial period.

    realEZsites reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades and/or a Service for which realEZsites does not currently charge a fee) at any time, provided, however, that realEZsites will provide Member with reasonable notice prior to making any fee changes. In addition, realEZsites will also give Member reasonable notice before any modification to the Service that could adversely impact Member's Site(s). If Member finds any change to the Service to be unacceptable, Member is free to cancel any part of the Service or Member's Account at any time, but realEZsites will not refund any remaining portion of Member's pre-paid fees when Member cancels any part of the Service or Member's Account and Member may be charged a cancellation fee.

    Member agrees to pay Member's Account balance on time. Member also agrees to pay any taxes, including sales or use taxes, resulting from Member's use of the Service. Member is responsible and liable for any fees, including attorney and collection fees, that realEZsites may incur in its efforts to collect any remaining balances due from Member. This Section 3 shall in no way limit any other remedies available to realEZsites. Member also acknowledges and agrees that Member will be billed for and will pay any outstanding balances if Member cancels Member's Account or Member's Account is terminated due to Member's breach of this Agreement. Member must notify realEZsites of any billing problems or discrepancies within sixty (60) days after they first appear on Member's credit card account statement. If Member does not notify realEZsites within sixty (60) days, Member waives any right to dispute such problems or discrepancies.

  4. Proprietary Rights to Member Content
    realEZsites does not claim ownership of the Member Content that Member provides to realEZsites and/or places on the Member Site. However, Member grants realEZsites a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the Service and in realEZsites's promotional or advertising materials (only for the limited purpose of promoting the Service), and (ii) sublicense to third parties such Member Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due Member with respect to realEZsites's or its sublicensee's use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Member Site, Member warrants and represents that Member owns or otherwise controls the rights necessary to do so and to grant realEZsites the license set forth above, and, pursuant to the terms set forth in Section 5, Member will defend and indemnify realEZsites and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.

  5. Indemnification
    Member agrees to indemnify and hold realEZsites and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Member's breach of this Agreement; (ii) any information (including but not limited to Member Content and Member's publicly posted information) submitted, posted, or otherwise provided by Member at the Member Site and/or to realEZsites and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Member's actions; and (iv) Member's negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of Member's relationship with realEZsites or Member's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of realEZsites and/or its suppliers, affiliates, partners, subsidiaries and employees.

  6. Member Registration/Privacy Policy
    In order for Member to participate in the Service, realEZsites will require Member to provide specific information about Member and/or and Member's business. If Member chooses to become a customer, Member agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Member's affiliation with any person or entity. Member shall maintain a valid email address at a all times. Member shall be responsible for maintaining the confidentiality of Member's Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Member shall be responsible for all actions by such users, including without limitation former employees and former partners, and shall indemnify realEZsites for such actions as set forth in Section .

    Any information supplied by Member upon registering for the Service and any other information about Member and/or Member's business (collectively, "Member Data") is subject to realEZsites's Privacy Policy. realEZsites will send Member newsletters and e-mail messages to inform Member of new products, promotions, features and helpful tips for realEZsites services . realEZsites will also use email to inform Member of important policy changes or subscription renewal notices. For more information, Members may review the realEZsites Privacy Policy which is hereby incorporated into this Agreement.

  7. Member Conduct
    Member's right to use the Service is personal to Member and Member's company and its employees (if applicable). Member, and not realEZsites, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Member Content") posted via the Service. Member, and not realEZsites, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Member's use of the Service. Member shall not use the Service for any illegal purpose in violation of any local, state, federal or international law. Member must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Member's use of the Service. If the Service does not provide adequate facility or features for Member to provide such Information and Actions, then Member shall not use the Service.

    realEZsites does not control or monitor the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. realEZsites reserves the right, but is not obligated to review the Member Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. realEZsites also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Member Content in realEZsites's sole discretion. With respect to the content on the Member Web Site, Member agrees not to:
    1. post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Member's affiliation with a person or entity to others, including, but not limited to, consumers;
    2. post, upload or otherwise transmit any content that is threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially and ethnically objectionable;
    3. post, upload or otherwise transmit any content that Member does not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    4. post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    5. post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of realEZsites, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data;
    6. post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on realEZsites's infrastructure that exceed the limits provided by the Service for which Member registered;
    7. post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation or send any unsolicited emails also know as "spam" with your website url used in the message;
    8. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    9. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    10. forge any headers or other manipulation of identifiers in order to disguise the origin of any content transmitted through the Service;
    11. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or
    12. sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, liquor, tobacco products and any other products or services that (i) Member cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Member Web Site could cause realEZsites to violate any law, statute or regulation.
    13. post or disclose any personal or private information or images about children or any third party without their consent (or a parent's consent in the case of a minor).


    realEZsites may terminate Member's account for failure to comply with the above listed rules of Member Conduct. Additionally, realEZsites may request Member to place all or any portion of the Member Content behind password protection if realEZsites determines that such content is inappropriate for the community at large but does not otherwise violate the terms of this Agreement. If realEZsites has requested Member to place Member Content behind password protection or if Member independently determines that the Member Content appropriately belongs behind password protection, Member may not publish the password in such a way that negates the limited-access nature of the password protected site. If realEZsites requests Member to place any Member Content behind password protection and Member fails to do so promptly, realEZsites reserves the right to (a) place such content behind password protection itself, or (b) terminate Member's Account.

  8. Member Account Limitations
    Member hereby acknowledges that realEZsites may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on the Member Web Site will be retained by realEZsites, (b) maximum limits on bandwidth usage that will be allotted to Member, (c) maximum limits on storage space, (d) the maximum number of Web sites per Member Account, (e) maximum number of photographs per Member Account, (f) maximum limits on the number of pages within each Member Web Site, and (g) maximum time limitations for the retention of Member Content following a Trial Period or account cancellation. Any of the foregoing limits will be consistent with the Service (including any upgrades) for which Member has registered. Member agrees that realEZsites has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Member further acknowledges and agrees that realEZsites reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Member also acknowledges that any references to unlimited Web sites ("Unlimited Sites") offered per paying account shall be defined as not exceeding 99 sub domain sites per paying account. realEZsites reserves the right to charge member for any third party fees associated with the creation of additional sites, including but not limited to domain registration fees. Additionally, the PhotoSite service has the following service specific bandwidth limitations: (i) 2 Gigabytes of bandwidth for PhotoSite Standard and (ii) 5 Gigabytes of bandwidth for PhotoSite Deluxe.

  9. Content Submitted to realEZsites
    The Service includes a number of venues such as Member sites, Discussion Boards and/or other message or communication facilities designed to enable Members to disseminate and exchange thoughts and opinions to and with other users or the public. Although realEZsites firmly believes in the value of free and open dissemination and exchanges; however, it is under no obligation, but does reserve the right, to monitor, pre-screen, or otherwise remove any content stored in its servers. Therefore, realEZsites cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Member acknowledges that Member should always use caution when posting any personally identifying information about Member or Member's employees on the Service, the Member Site, or any other user sites.

  10. DISCLAIMER OF WARRANTIES.
    MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) MEMBER'S USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. realEZsites AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND THE MEMBER SITE(S) "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
    (B) realEZsites AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBER'S EXPECTATIONS.
    (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, OR MEMBER SITES IS DONE AT MEMBER'S OWN DISCRETION AND RISK, AND MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


  11. LIMITATION OF LIABILITY
    IN NO EVENT SHALL realEZsites AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF realEZsites OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO MEMBER. IN NO EVENT SHALL realEZsites'S AGGREGATE LIABILITY TO MEMBER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT MEMBER ACTUALLY PAYS TO realEZsites UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither realEZsites nor its suppliers is responsible for any of Member's data residing on the Service or realEZsites's suppliers' hardware. Member is responsible for backing-up Member's data and information that may reside on the Service or realEZsites's suppliers' hardware, whether or not such information is produced through the use of the Service. It is Member's responsibility to take the necessary steps to ensure that Member's primary means of business is maintained (if applicable).

  12. realEZsites Proprietary Rights/Software Licenses
    Member acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Member further acknowledges and agrees that content contained in sponsor advertisements or information presented to Member through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.

    realEZsites provides Member with a non-exclusive, non-transferable, limited license to use the Software, which Member agrees to use in accordance with this Agreement. Member may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from realEZsites. The Software is owned by realEZsites and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of realEZsites and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

  13. Copyright and Trademark Notices
    All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by realEZsites, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the realEZsites and PhotoSite Web sites (and any successor Web sites or additional Web sites or any co-branded Web sites), and/or the Software, is permitted without the written permission of realEZsites. Any rights not expressly granted herein are reserved.

    realEZsites, realEZsites.com, the realEZsites logo, and other realEZsites logos and product and service names are trademarks of realEZsites.com. (the "realEZsites Marks"). Member agrees not to display or use the realEZsites Marks in any manner whatsoever without realEZsites's prior permission. From time to time realEZsites may offer a limited license to Members to display realEZsites award logos or other symbols of merit on Member Web Sites after realEZsites in its sole discretion confers such distinctions to the applicable Members. However, realEZsites reserves the right to withdraw such logos or symbols and delete them in its sole discretion for any reason.

  14. Notification of Claims of Copyright Infringement
    Any notifications of claimed copyright infringement should be sent to realEZsites's Registered Agent.

  15. Modification of the Service
    realEZsites reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Member agrees that realEZsites shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Service. Member further agrees that realEZsites shall have the right to remove any feature from the Member Site, with or without notice to Member, at any time at realEZsites's sole discretion, if realEZsites discontinues offering the feature for any reason. If Member does not agree to any such modifications, Member's sole and exclusive remedy is to cancel Member's Account.

  16. Termination/Cancellation of Member Account
    Either Member or realEZsites may terminate or cancel Member's Account (or any part of the Service) at any time, but realEZsites will not refund any pre-paid fees upon such termination or cancellation.

    1. Termination by Member. Member may cancel your Member Account or any part of the Service at any time. To cancel your Service, Member must email support@realezsites.com. ; or, in certain circumstances at realEZsites's sole discretion, on a case by case basis, by submitting a cancellation form. Member will receive a cancellation confirmation via email after realEZsites processes Member's cancellation request. realEZsites reserves the right to collect fees, surcharges or costs incurred before Member cancels Member's Account in addition to the applicable cancellation fee(s).

      Member must provide us with the following information in order for us to process the cancellation:

      • The exact name of the Service that Member would like to cancel
      • Member's username and password
      • Member's email address
      • Member's billing information, including the credit card number Memberused when purchasing the Service
      • Member's reason for canceling the Service


    2. Termination by realEZsites.realEZsites may terminate Member's Service or Member's Account if realEZsites determines, in realEZsites's sole discretion, to discontinue offering the Service. Additionally, realEZsites, in its sole discretion, may terminate Member's Site, Member's Account or Member's use of the Service for any reason, including, without limitation, (i) if Member breaches this Agreement, (ii) if realEZsites is unable to verify or authenticate any information that Member provides to realEZsites, or (iii) if realEZsites believes that Member has violated or acted inconsistently with the spirit of this Agreement. If realEZsites terminates Member's Account pursuant to (i), (ii) or (iii) above, Member will forfeit all credits, pre-paid fees, and any other amounts accruing to Member, if any, and realEZsites shall not be required to refund, redeem, or pay amounts to Member upon such termination.


    3. Effect of Termination. Upon termination of Member's Account for any reason, realEZsites reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by Member; (b) delete any Member Content, listings, messages or other information in connection with Member's Account; (c) prohibit Member's access to Member's Account, including without limitation by deactivating Member's password; and (d) refuse Member future access to the Service. In no event shall realEZsites be required to refund, redeem, or pay amounts to Member upon termination of Service or return any Member Content.


    Member understands and agrees that the cancellation of Member's Account is Member's sole right and remedy with respect to any dispute with realEZsites. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or realEZsites's enforcement or application of any such term; (2) any policy or practice of realEZsites, including realEZsites's Privacy Policy and Copyright Policy, or realEZsites's enforcement or application of these policies; (3) the content available through the Service or any change in content provided through the Service; (4) Members' ability to access or use the Service or Member's Web Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods or change to the fees, applicable taxes, surcharges or billing methods, if any.

  17. Notice
    Statements, notices and other communications to Member may be made by mail, email, postings within Member's account or other reasonable means. Member shall be solely responsible for updating the account's registered email and postal address. realEZsites shall not be responsible for any undelivered notices caused by Member's failure to update the account information. realEZsites may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the realEZsites Web Site. Member should refer to the Member Support page of the Service for information on how to contact and/or provide notice to realEZsites.

  18. Arbitration/ Jurisdiction
    Member agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Santa Clara County, California under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against realEZsites must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.

    Notwithstanding the above, realEZsites may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 13 (realEZsites Proprietary Rights/Software License) or (ii) to collect fees due and owing from Member pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.

    This Agreement shall be governed in all respects by the laws of the State of California, U.S.A. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Santa Clara County, California and further agree that any such action or proceeding shall be brought in a court in Santa Clara County, California.

    A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  19. General
    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. realEZsites's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Member shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of realEZsites, and any such attempted assignment shall be void. realEZsites shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Member. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between realEZsites and Member with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

    The Services hereunder are offered by realEZsites.com.

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