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Membership Agreement

MEMBERSHIP AGREEMENT

This Membership Agreement governs your membership in the RealSteps.info community, allowing you full access to the membership portions of the web site located at www.realsteps.info(the "Site"). This Membership Agreement is in addition to the Terms of Use applicable to the Site. The Site is operated by Real Steps ("RealSteps.info"). 

Access and use of the membership portions of the Site are provided by Real Steps to you on condition that you accept the terms and conditions of this Membership Agreement and the Terms of Use, and by accessing or using the membership portions of the Site, you agree to the terms and conditions of this Membership Agreement and the Terms of Use. If you do not agree to accept and abide by this Membership Agreement and the Terms of Use, you should not access or use the membership portions of the Site. In the event of any inconsistency between this Membership Agreement and the Terms of Use, the terms of this Membership Agreement shall govern. 

Real Steps reserves the right, in its discretion, to change or modify all or any part of this Membership Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the membership portions of the Site after such notice constitutes your binding acceptance of the terms and conditions in this Membership Agreement, including any changes or modifications made by Real Steps as permitted above. If at any time the terms and conditions of this Membership Agreement are no longer acceptable to you, you should immediately cease use of the membership portions of the Site. 

Download Credits – “Your Credit Store”

Download credits can be purchased from the Credit Purchase Page within the membership portion of the Site. Credits can be purchased online with VISA, MasterCard, AMEX, Discover, or with a cashier’s cheque or money order by mail.  Personal checks are not accepted. 

The price of credits purchased through the Site will be the price specified in the Site at the time of your purchase. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize Real Steps to charge the designated credit card for the total amount of the purchase. 

Upon the annual renewal date of your membership account, you hereby authorize Real Steps to, automatically (without notification or verification), deduct the appropriate amount of credits from the credit store of your membership account for your annual renewal fee.  This annual fee may be deducted at any time by Real Steps beginning from the day before the annual renewal date up to 90 days after the annual renewal date.  Real Steps reserves the right to change the amount of credits needed for annual renewals, effective immediately upon notice published on the site or sent to a member via email.  It is your responsibility to make sure there are enough credits in your account to cover this fee.  Should there not be enough credits upon the annual renewal date (which is each year on the calendar day of the year you signed up for membership), your account is considered in default, and your account will be suspended or deleted, and all credits in your account will be forfeit.  To be reassigned, you will owe the current start up fees and annual fees as a new member.  Every effort will be made to restore any saved data you had on the site, but it is not guaranteed.  By becoming a member and accessing the site, you agree to the terms and conditions of this Membership Agreement and the Terms of Use.  The terms “fees” and “credits” may be used interchangeably herein this document from time to time.

Use of Content

You acknowledge that the Site contains or may contain information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets, text, files and pages, blogs, pod-casts and web-casts, and other material (collectively, "Content") which is protected by copyright, trademark, service-mark, or other proprietary rights of Real Steps, its owner(s) and its affiliates or other third parties (including other members). 

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Membership Agreement and any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement). 

You may download Content only in accordance with the terms of this Membership Agreement and the then applicable Content License Agreement. 

Passwords

You acknowledge and agree that the user identification provided by Real Steps to you so that you may access and utilize the membership portions of the Site (your “Member Name”), and the password selected by and used by you in conjunction with your Member Name are to be kept secret and confidential. You agree that you shall not disclose such Member Name or password to any other party without the express written permission of Real Steps. 

You acknowledge and agree that you will be responsible for each and every access or use of the membership portions of the Site that occurs in conjunction with your Member Name and such passwords, and that Real Steps is authorized to accept your Member Name and password as conclusive evidence that you have accessed or utilized the membership portions of the Site. You acknowledge that such password(s) are unique to you and that, although Real Steps does have the ability to require password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset such password(s), Real Steps does not have the ability to access the password(s) themselves. 

Rules of Conduct

You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Site, including in respect of any forums, chat-rooms or other exchanges (a “Forum”) accessed on or through the Site, you shall not do any of the following: 
•	Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others. 
•	Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information. 
•	Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents. 
•	Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer. 
•	Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded. 
•	Falsify the origin or source of software or other material contained in a file that is uploaded. 
•	Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters. 
•	Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. 
•	Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or Real Steps’s business. 

You acknowledge that Forums, including emails and blogs, are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by Real Steps and no communication of a third party or Content may be considered reviewed, screened or approved by Real Steps. As explained below, Real Steps reserves the right for any reason to remove without notice any communication, Content or other material posted to or passed through the Site. 

You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other Real Steps member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

Managing Content

Real Steps does not and cannot review all communications or Content uploaded to or downloaded from to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, Real Steps reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Membership Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. Real Steps shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Real Steps to determine Accepted Content is done as a courtesy only. 

Real Steps respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied or modified in a way that constitutes copyright infringement or prohibits your use and enjoyment of the site, or your intellectual property rights have been otherwise violated, please provide Real Steps with notice of such infringement in the manner described under Notice and Procedure for Making Claims of Infringement in the Terms of Use. 

Confidential Information

You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of this Membership Agreement and the use of the Site constitutes valuable, confidential, proprietary information of Real Steps and its owners and licensors, and you agree that during the term of this Membership Agreement and thereafter you shall not, without the express written consent of Real Steps, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Membership Agreement or as required by applicable law. 

For the purposes of this Membership Agreement, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of Real Steps, its members, owners, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, text documents, trade-secrets, training materials, personnel, clients, methodologies, Site content, Site content belonging to others and other intellectual property. 

Indemnity

You agree to indemnify, defend and hold Real Steps, its owners, and its affiliates, and their respective owners, directors, officers, employees, shareholders, partners and agents (collectively, the "Real Steps Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any Real Steps Party in connection with: (i) any use or alleged use of the Site under your Member Name by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your Member Name; or (iii) any breach by you of this Membership Agreement. Real Steps reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Real Steps' defense of such claim. 

Term and Termination

This Membership Agreement is effective until terminated. You must give Real Steps 30 days notice of your intent to terminate membership.  You may terminate this Membership Agreement at any time, with 30 days notice, by emailing membership@RealSteps.info or by such other means of written notice acceptable to Real Steps which enables confirmation of your identity and your intention to terminate. Real Steps reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability. Real Steps may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability. 

Real Steps may also terminate or suspend your access to the membership portions of the Site for inactivity, which is defined as failing to access the membership portions of the Site for an extended period of time, as reasonably determined by Real Steps. 

Termination of this Membership Agreement does not relieve you of your responsibilities to pay any amounts due to Real Steps under this Membership Agreement or your obligations to not use the membership portions of the Site or any Content other than in the manner permitted under this Membership Agreement or any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement) or uploaded (such as client information). Termination of this Membership Agreement shall operate without prejudice to the Real Steps’ rights, defenses and limitations of liability provided under this Membership Agreement, which rights, defenses and limitations of liability shall survive termination of this Membership Agreement. 

Upon termination of your access to the membership portions of the Site, you agree to forfeit all credits in your “credit store” remaining in your account. 

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. REAL STEPS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. 

REAL STEPS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. 

BUSINESS IS DONE IN ACCORDANCE WITH FEDERAL FAIR HOUSING REGULATIONS, EQUAL EMPLOYMENT OPPORTUNITY LAWS, AND CODES OF ETHICS.  NO MEMBERSHIP SHALL BE DENIED WITHOUT DUE CAUSE, SUCH AS INACTIVITY OF THE MEMBERSHIP, LACK OF PROOF OF PROPER LICENSURE, OR NON-PAYMENT.


LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN. 

IN NO EVENT SHALL REAL STEPS OR ANY OF ITS OWENRS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS MEMBERSHIP AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF REAL STEPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. 

IN ANY EVENT, REAL STEPS’ TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS MEMBERSHIP AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) AMERICAN DOLLARS. 

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF REAL STEPS OR ANY OF ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

REAL STEPS DOE NOT ATTEMPT WITH THE CONTENT OF THE SITE TO EXPLAIN EVERY ASPECT OF A REAL ESTATE TRANSACTION OR THE USE OF FORMS FOR SUCH, AND DOES NOT WARRANTY THE ACCURACY OF ANY INFORMATION CONTAINED WITHIN THE STIE.  USERS OF THE SITE ACCEPT ALL RESPONSIBILITY FOR ACTIONS AND CLAIMS THEY ARE INVOLVED IN AND AGREE TO HOLD REAL STEPS, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS COMPLETELY HARMLESS FOR ANY AND ALL EVENTS, CLAIMS, ACTIONS, COMPLAINTS, AND THE LIKE FOR WHICH THE MEMBER IS A PART.


Age and Responsibility & Licensure

You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account. 

You represent and warrant that you are a licensed real estate agent with an active real estate license in good standing with the state’s governmental real estate commission.  Unauthorized, unlicensed, or inactive licensees found to be using the site will have their membership immediately revoked and will forfeit all credits in their “credit store”.

Applicable law

The Site is controlled, operated and administered by Real Steps from within the State of Georgia, USA. The Site can be accessed from all states in the USA, as well as from other countries around the world. As each of these states has laws that may differ from those of the State of Georgia, by accessing the Site, you acknowledge and agree that this Membership Agreement will be governed under the laws of the State of Georgia and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the State of Georgia, USA with respect to the subject matter of this Membership Agreement. This Membership Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 

You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of the Site, or such other address as you may advise us in writing to use, from time to time. 

Any and all disputes arising out of, under or in connection with this Membership Agreement, including without limitation, its validity, interpretation, performance and breach or default, shall be submitted to arbitration in the State of Georgia, pursuant to the rules of arbitration in effect at the time arbitration is demanded. 

If Real Steps is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Real Steps for its legal fees, costs and disbursements if Real Steps is successful. 

General

You specifically agree and acknowledge that you have, in addition to the terms of this Membership Agreement, reviewed the terms of the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation herein you agree to be bound by them. 

Real Steps’ failure to insist upon or enforce strict performance of any provision of this Membership Agreement shall not be construed as a waiver of any provision or right. 

If any provision or part thereof of this Membership Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. This Agreement is personal to you and is not assignable by you without Real Steps’ prior written consent. Real Steps may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms. 

ENGLISH: The parties have requested that this Membership Agreement and all documents relating thereto be drawn up in English. 
FRENCH: Les parties ont demand que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais. 
SPANISH: Los partidos han solicitado que este acuerdo de la calidad de miembro y todos los documentos que se relacionan además estén elaborados en inglés.

Contact

If you have concerns relating to the Site or this Membership Agreement, please contact Real Steps at membership@RealSteps.info or via phone at (678) 482-0167. 

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS MEMBERSHIP AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND Real Steps, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Real Steps RELATING TO THE SUBJECT OF THIS MEMBERSHIP AGREEMENT.

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Information herein believed accurate, but not warranted. Real Steps does not attempt to explain every portion of forms or a transaction. Members using the site warrant that they are licensed real estate agents with a working knowledge of real estate transactions, laws, and contract forms. All Viewers and Members hold Real Steps harmless for any and all claims resulting from the viewer's or member's transactions, documentation, endeavors, statements, representations, or other actions. The information herein the Site is an opinion only, and the viewer or member agrees not to rely on said information for any reason. Any information and offers herein are subject to change at any time without notice. Business is done in accordance with Federal Fair Housing and Equal Opportunity Laws and Regulations. Real Steps is a trademark/service mark filed with the United States Patent and Trademark Office. All rights reserved. All Information herein the Site is protected by copy write to Real Steps, 2006.