USRES, Inc. has developed and owns the certain USRES, Inc. Website (the "Site") and the functionality of makes available for use on this Site information, documents, software, services and products (collectively, the "Materials") supplied by USRES, Inc. or other third parties (hereinafter referred to collectively as "Providers") and subject to the terms and conditions set forth in this Agreement.
USRES, Inc. hereby grants User a non-exclusive, non-transferable and revocable limited license to access and use the Site and applicable Materials in accordance with this Agreement solely for the benefit of User. USRES, Inc. may terminate this license for convenience at any time without notice. User shall abide by all applicable local, state, national and foreign laws, and regulations in connection with the Site and Materials. No part of the Site may be reproduced, republished, copied, transmitted or distributed in any form or by any means.
The Materials on this Site, as well as the design and layout of this Site, are protected by copyright and/or other intellectual property laws, and any unauthorized use of the Materials and this Site as described in the preceding paragraph may violate such laws. Except as expressly provided herein, USRES, Inc. and its Providers do not grant to Users of the Site any express or implied right to User under any patents, copyrights, trademarks, or trade secret information with respect to the Site and Materials.
USRES, Inc. may interrupt or terminate User's access to the Site or Materials if:
- User does not honor any provision of the Agreement (including payment obligations)
- User uses the Site in a manner that adversely affects service to other customers or harasses USRES, Inc.'s customers or employees
- User uses the Site to engage in fraud or unlawful conduct or is suspected of doing so, or if
- User provides false information on User's registration form or impersonates another person at any point
Should User violate such terms, USRES, Inc. may, without prior notice, ban User from any and all Materials and the Site, terminate User's registration, and take any other action USRES, Inc. deems appropriate at its sole discretion.
Administration and Protection of Account and Password
User agrees to appoint an account administrator whose responsibilities will include supplying all corporate information, reviewing and accepting the terms and conditions of this Agreement and setting up employed users, where applicable. " Employed Users" shall be defined as individuals employed or contracted directly by User to perform certain tasks or services in return for financial or other compensation. In the event User has multiple locations where Employed Users reside, each location may be defined as a "Domain" and administered separately. User may also elect to appoint multiple administrators to control separate groups of Employed Users based on a factor other than location with each group also being referred to as a Domain.
User hereby accepts responsibility for, and shall be liable for, all access to restricted areas of the Site in connection with such remote user administration, and shall ensure that all Employed Users follow the terms and conditions of this Agreement. User is responsible for maintaining the confidentiality of its account number(s) and/or password(s), if applicable. User is responsible for all uses of its account, whether or not actually or expressly authorized by User.
USRES, Inc. agrees to provide standard E-mail support with an initial response time of two hours during USRES, Inc.'s normal business hours of 7:30 A.M. to 4:30 P.M. Pacific Standard Time.
OMS Fees and Payment Terms
Pursuant to User accepting this Agreement and providing the necessary registration information, USRES, Inc. will, upon a favorable evaluation, provide User an individual and/or corporate account number and/or password. The completion of these tasks will constitute User's intent to use USRES, Inc. for which User agrees to pay the associated annual subscription.
Agent/Broker Packages - Fees and Payment Terms
Should you wish to cancel your entire Subscription Membership you may only do so by phone and must cancel within the first (30) days of your subscription date. USRES, Inc. does not process upgrades, changes to account status, or pro-rated refunds by e-mail or any other form of communication other than by telephone. To upgrade, change your account status, or obtain a pro-rated refund with USRES, Inc., you MUST call our Member Services Department directly. Member Services can be reached by calling (949) 598-9920. ALL REFUNDS ARE SUBJECT TO A $25.00 Termination Fee.
The Annual Subscription Fee represents the maintenance support and services of USRES, Inc. and is assessed at the time of initial subscription based on current annual rates.
USRES, Inc. may adjust the Subscription Fee annually.
If offered, exclusive agent advertising is billable for a 12-month term. You may cancel your exclusive advertisement during this 12-month term and receive a pro-rated refund. After your 12-month term, an E-mail will be sent automatically, containing a link to renew your advertisement. If for any reason you're not satisfied, just contact USRES, Inc. direct at (949) 598-9920. If you choose to cancel your annual advertisement, there is no further obligation.
User agrees to pay any and all associated "Subscription Fees," as listed on the Site or otherwise contracted for directly with the appropriate Provider(s), for all Materials received on the Site. Certain " services" requested by User will be provided directly by the applicable Provider(s) and will be invoiced by and paid directly to such Provider(s) upon completion of the service(s). In addition, User may request certain "information or data" through the Site which will be retrieved and presented by USRES, Inc. on the Site. USRES, Inc. will send invoice and User will pay costs for all such "information and/or data" on a summarized bill. Each Provider may prevent or eliminate access to User, on a temporary or permanent basis, to its Materials for non-payment of Usage Fees or for any other reason. USRES, Inc. and Providers reserve the right to adjust the Usage Fees.
All taxes, however designated, arising from or based upon this Agreement or the payments made to Provider by User pursuant hereto, including but not limited to all applicable sales, use and excise taxes, shall be paid by User as the same become due. User shall upon request of Provider, pay it either to Provider or to the appropriate taxing authority at any time during or after the termination of this Agreement. User shall not be responsible for the payment of any state, federal, or local franchise or income taxes based upon the net income of Provider. This Paragraph will survive termination of this Agreement.
All materials on this site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, USRES, Inc. and its providers make no warranty that (i) the site and materials will meet user's requirements, (ii) the site and materials will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the materials will be effective, accurate or reliable, and (iv) the quality of any products, services, or information purchased or obtained by user from the site will meet user's expectations. Some states or jurisdictions do not allow the exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days.
This Site may contain links to third-party Web sites that are not under the control of USRES, Inc.. USRES, Inc. makes no representations whatsoever about any other Website to which User may have access through this Site. When User accesses a non-USRES, Inc. Website, User does so at User's own risk and USRES, Inc. is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. USRES, Inc. provides these links merely as a convenience and the inclusion of such links does not imply that USRES, Inc. endorses or accepts any responsibility for the content or uses of such websites.
The use of the services or the downloading or other acquisition of any Materials through the site is done at User's own discretion and risk and with User's agreement that User will be solely responsible for any damage to User's computer system or loss of data that results from such activities. No advice or information, whether oral or written, obtained by User from USRES, Inc. or through or from the Site shall create any warranty not expressly stated in this Agreement.
Personal Information and Privacy
User agrees to indemnify and hold USRES, Inc., and its parent, subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any and all liabilities, claims, demands and expenses, including reasonable attorneys' fees, due to or arising out of User's use or misuse of the Site, any services therein, or for infringement by User of intellectual property rights or other rights of any third party. USRES, Inc. may assume exclusive control of any defense or any matter subject to indemnification by User and User agrees to cooperate with USRES, Inc. in such event.
If a dispute arises under this Agreement, upon either party's written request or notice to the other, the parties will each appoint a designated representative to attempt in good faith to resolve such dispute. Except for disputes where preliminary injunctive relief is an appropriate remedy, no formal legal proceedings may be commenced with respect to any dispute until the designated representatives conclude in good faith that amicable resolution through continued negotiation of the matter at issue does not appear likely. Except as otherwise provided in this Agreement, this article will apply before either party may terminate this Agreement. USRES, Inc., however, may suspend access to the Site pursuant to the terms listed above.
Limitation of Liability
In no event shall USRES, Inc., its officers, employees, contractors, subcontractors, providers, agents, affiliates, subsidiaries, successors or assigns be liable to user or any third party for any direct, indirect, consequential, incidental, or special damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not USRES, Inc. has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or any website referenced or linked to or from this site, or any services or materials provided or available hereunder. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to user.
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by USRES, Inc. from its offices within the state of California, United States of America. By accessing this Site, User and USRES, Inc. agree that all matters relating to User's access to, or use of, this Site shall be governed by the statutes and laws of the State of California.
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of USRES, Inc. or other third parties. You are not permitted to use the Marks without the prior written consent of USRES, Inc. or such third parties, which may own the Marks.
USRES, Inc. may assign this Agreement to another entity without any advance consent from or notice to User. User may not assign this Agreement without the consent of USRES, Inc..
No Waiver; Severability
If USRES, Inc. does not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.