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GRANZA |
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This is a legal contract
between you, the user (sometimes referred to below as “user,” “you,” “your,”
and “yours”), and Granza, Inc., a California corporation doing business as
“Granza.com” (sometimes referred to below as “Granza,” “we,” “us,” and “our”),
so read it carefully. Granza is free of charge to consumers. Granza is willing to establish and maintain a
relationship with you, the user, only on the condition that you, the user,
accept this contract. THESE TERMS OF USE
("TOU") ESTABLISH THE OBLIGATIONS, PROMISES, AND TERMS BY WHICH YOU,
THE USER, AGREE TO BE BOUND. BY COMPLETING THE SIGN UP FORMS FOR GRANZA,
OR BY USING THE GRANZA SITE, OR BY BECOMING A GRANZA MEMBER, YOU, THE USER,
ACCEPT ALL ASPECTS OF THIS TOU. EACH TIME YOU, THE USER, ACCESS OR USE
THE GRANZA WEB SITE OR REQUEST OR ACCEPT ANY INFORMATION, GOODS, SERVICE,
PRODUCT, OR CONTENT FROM GRANZA, YOU, THE USER, UNDERSTAND AND AGREE THAT YOU,
THE USER, ARE ACCEPTING, AFFIRMING, OR RE-AFFIRMING THESE TOU, AS THEY EXIST AT
THAT TIME (THE TOU MAY BE CHANGED FROM TIME TO TIME). EXCEPT AS OTHERWISE
PROVIDED HEREIN, THE TOU APPLY TO EVERY USER. CAPITALIZED TERMS ARE
DEFINED IN APPENDIX 1, WHICH IS INCORPORATED HERE BY REFERENCE TO THAT APPENDIX
1 AS IF FULLY SET FORTH HERE. If you, the user, have any
questions, please send an email message to your local “Team Leader”
(“TL”). TL information is presented when you apply for services using a
“Granza Smart Form.” Some geographic areas may not yet be covered by a
TL. If your geographic area is not yet covered by a TL, please do not
contact Granza, because Granza does not provide support directly to consumers.
Granza is an independent
communications and marketing venue that allows real estate agents, mortgage
lenders, and other related services to market their services using the
Internet directly to sellers and buyers and homeowners seeking to refinance. Sellers, buyers, and refinancing candidates provide
information in on a form. In response,
the TL and the TMs on his or her Team may contact you (assuming you are the
seller, buyer, or refinancing candidate) and submit proposals to represent
you. You may choose to contact any of the parties recommended by the TL,
to request further information, ask questions, or negotiate costs. TL’s
and TM’s are free to determine the fees they charge a consumer (these fees
are in no way set by or shared with Granza). As an added on-line feature,
Granza allows TL’s to provide consumers with other resources that assist with
mortgage, title, insurance, or other needs.
Customers are always free to choose other services with the
understanding that using lenders or Realtors® outside of that specific Team may negatively impact their qualification for Rewards. Granza’s goal is to
facilitate the supply of responsible professionals to customers seeking the
assistance of real estate-related services in order to fulfill service requests
efficiently, cost-effectively, and with the added benefit of “special
rewards.” Granza Teams market mortgage lending and real estate-related
services using “Granza Rewards.” Granza Rewards are discounts provided by
businesses for the benefit of Granza Teams and their
customers. Businesse are
retail businesses, independent of Granza and generally include a wide variety of
various goods and services. Generally, these Granza
Rewards are given to customers only after they have closed a real estate sale
or purchase, or a lending transaction, using Granza Team Realtors® and/or
lenders. Your TL receives no compensation
from Granza with regard to you using the discounts. They are simply there
for your use. In some cases, your TL will elect to offer some discounts or
none at all. All marketing options are up to them. Granza, Granza Teams and Rewards
Providers are not liable to customers should a real estate or lending
transaction not be approved or completed for any reason. Granza Teams and businesses do not guarantee that
the use of Granza’s systems indicates an approval of any kind and therefore you
hold them harmless should the aforementioned occur. This also includes cases where Rewards Providers are no longer doing
business and unable to fulfill their Rewards and Granza Teams, for various
reasons, are no longer operating using Granza. Participating
businesses are
required to furnish an immediate “best deal” discount on the particular
products or services that they are providing to the customers of the Granza Teams.
This is done through an on-line, automated coupons system. “Best deal”
means that the cost of the product or service to the customer must be below
what the business is publicly offering at the time the coupon is redeemed, within the
constraints of the expiration date and any other limitations mentioned on the
coupon. The product
or service must be identical to that offered on the coupon. In the case
where the product or service is currently unavailable, but can be obtained by
the business, the business must obtain that item for the customer should they wish to wait
for its delivery. If the product or service has become unavailable, the business
must
make a substitution of equal or greater value. Businesses
cannot require customers to “mail in” for the discount or rebate. Full verification of the authenticity of the coupon can
be verified by phone, by matching the date, time and name
posted on the coupon with the one received by the business by email from Granza.
Customers are free to email, fax or mail any coupon to any other party, despite
the customer's name being on the coupon. Granza Rewards are 100%
assignable and RP's are required to accept them. Should
customers elect to work with businesses, any information they provide to them and any
arrangements they make with them are the sole responsibility of the customer
and not Granza. A special email is sent to the customer upon verification of the Team's account
being current with Granza. This gives the customer access to their
Rewards. Granza is not responsible
for disputes arising from businesses and their rewards, or charges by Realtors®,
mortgage lenders, and any other related services. Granza Team Members
providing mortgage, real estate, or related services are not employees of
Granza. Granza “contracts out” its technologies and systems for the
benefit of Team participants and businesses. Granza
provides only a computerized mechanism for consumers and real estate service
providers to find and communicate with one another. Granza is not itself
a lender or Realtor®, and therefore cannot and does not represent or warrant
that the actions of any TL’s or TM’s using Granza are doing so in
accordance with any applicable local, state, or national laws or requirements.
Your decision to utilize any or the services provided by TL’s or TM’s is your
exclusive decision. In addition to providing
consumers and providers with a venue through which to communicate, Granza may also
offers tools, checklists, calculators, and valuable information to help
consumers make the most of their transaction requests. The information,
content, goods, products, and services available through Granza are continually
reviewed and enhanced for the benefit of Granza users. Although individual
participating TL’s and TM’s may be members of the National Association of
REALTORS® (the "NAR") , Granza is not affiliated with, or sponsored
or endorsed by, the NAR. The names and logos of other companies or
associations, and their respective products and services, may be the trademarks
or service marks of their respective owners. Use of such other trade and
service marks is for identification and informational purposes only. Links to other Internet
sites that are not maintained by Granza are provided solely for your
convenience and information. Granza makes no warranties or
representations of any kind about the contents or appropriateness of any
products or services offered on such third-party sites, and recommends that you
carefully read the privacy and security policies of those sites. Granza, the Granza logo,
and the names of other products and services are trade and service marks of
Granza, Inc., and are protected under federal and international laws. 1. PARTICIPATION a. Home sellers, home buyers, and refinance candidates: Granza currently provides them membership and participation in Granza services at no charge. b. Mortgage
brokers, bankers, real estate agents, and other
related service providers (TL’s and TM’s): Their registration and acceptance
of Granza's policies are required
before any TL and TM’s may participate in Granza. A TL heads each Team of local TM’s. TL’s and TM’s
participate in Granza by completing the appropriate supplementary application
procedures, entering into a TL or TM Agreement with Granza (as appropriate),
and paying applicable fees when due. TL’s invite TM’s to participate on their Teams.
Charges to TL's and TM's may be set or modified from time to time by Granza. In order to participate
with Granza, all TL’s and TM’s also agree to maintain any licensing
requirements, adhere to all applicable laws governing their services, and pay
the applicable fees to government or other regulatory bodies as required. c. Acceptance:
Receipt of an electronic
confirmation that a TL’s or TM’s application process is complete does not
constitute an acceptance or authorization of the applicant as a TL or TM.
Granza may require additional verification information before accepting a TL or
TM, and reserves the sole discretion and right at any time to decline, suspend,
or terminate a TL, TM, or consumer for violation of the TOU or any other
reason. d. Links:
Granza provides links to
other sites on the World Wide Web belonging to or maintained by third
parties. Some of these Internet sites assess their own fees for the information,
content, goods, products, or services they provide, separate and apart from any
Granza charges. Granza expressly does not share in any of these third
party fees. Any costs, taxes, or other fees a user incurs when visiting
these websites are that user's sole and exclusive responsibility. Granza is protected by U.S.
and international laws related to intellectual property. Granza,
Granza.com, the Granza logo, and the names of other products and services are
trade and service marks of Granza, Inc. or their owner (if not Granza), and are
protected under those federal and international laws. Each user agrees
not to resell, reproduce, modify, display, transmit, distribute, or copy goods,
content, products, services, or information obtained from Granza, and further
agrees not to exploit membership or association with Granza for a commercial or
advertising purpose without the express written permission of a corporate
officer of Granza (which consent may be withheld in the sole and exclusive
discretion of Granza). For the limited purpose of
promoting Granza or identifying oneself as a TL or TM participating with
Granza, Granza may in writing allow a user to link to Granza and/or use
Granza's logo, provided the appropriate trademark and copyright notices are
used, as Granza may instruct. Requests for permission to link to Granza
or use Granza’s name or logo should be directed to Granza by mail sent to
Granza, Inc.,
365
E. Avenida de los Arboles, Suite 1011, Thousand
Oaks, CA. 91360 U.S.A.
A user may not otherwise copy, distribute, or create derivative works without
express Granza permission. Any and all permissions granted must be in
writing signed by Granza. In the event that you, a
user, have a dispute with one or more other users and/or Granza TL’s or TM’s,
you release Granza (and our successors, representatives, principals,
shareholders, directors, officers, employees, servants, agents, administrators,
attorneys, affiliated corporations, parent corporations, subsidiaries, assigns,
and licensees) from any and all claims, liability, demands, and damages (actual
and consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes. In connection with the foregoing, you, the user,
hereby waive any and all rights under California Civil Code Section 1542, and
any similar federal, state, or local law. The section provides as
follows: “Section 1542.
General Release - Claims Extinguished. A general release does not extend
to claims which the creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him must have materially
affected his settlement with the debtor.” Granza will take measures
it deems appropriate in certain circumstances to address user concerns
regarding unauthorized on-line use of Granza. A user who asserts that his
or her rights in and/or to a copyright or other form of intellectual property
(collectively "Material") are being violated should provide Granza
with a signed and duly sworn statement containing: (a) A detailed
description of the Material(s) claimed to be infringed, including a description
of where that Material is located on-line, and specifying what action by Granza
is requested; (b) An explanation of the nature of the alleged infringement,
including, at minimum, the form and character of intellectual property in
question sufficient to afford an understanding of the specific legal right(s)
asserted related to the Material with a citation to the specific law or
authority relied upon, along with the name, street and email addresses, and
telephone numbers of the Material owner(s); and (c) A certification and
explanation that applicable permission has not been granted or is subject to
limitations that are not being honored. This document should be mailed to:
Granza, Inc., 365 E. Avenida de los
Arboles, Suite 1011, Thousand Oaks, CA. 91360 U.S.A., by first class
or registered U.S. mail addressed as follows: General
Counsel, Granza, Inc. 4. TERMINATION Without limiting any other
remedies available to it, Granza may issue a warning, temporarily suspend,
indefinitely suspend, or terminate user membership, and delete any user Proposal(s)
or Profile(s) and any other information placed on the site, if, in Granza's
sole and exclusive discretion: 5. MODIFICATION OR
DISCONTINUATION OF SERVICE Granza reserves the right
to modify or discontinue service, or any portion thereof, or the offering of
any information, good, content, product, or service, with or without notice to
any user, TL, or TM. Granza shall not be liable to any user or any third
party should Granza exercise its right to modify or discontinue service. 6. SYSTEM
INTEGRITY Granza offers you, the
user, access to Granza's web site solely for your personal, non-commercial use,
as expressly permitted pursuant to these TOU. You agree not to use the
web site for any commercial purpose. The copyright in all materials on
this web site is held by Granza or its content providers. Any
unauthorized use of this web site or its content violates federal and state
law. Each user agrees not to copy, modify, distribute, display, create
derivative works from, decompile, reverse engineer, or use on any other web
site, or otherwise, all or any portion of the Granza web site or any
information derived there from. Furthermore, each user agrees not to use
any robot, spider, or other automatic device or manual process to (or to
attempt to) monitor, copy, deep link to, or engage in screen or database
scraping of any part of the web site or the content contained therein, unless
written permission is first obtained from Granza. The foregoing shall not
prohibit the use of standard search engine technology by Internet search web
sites to direct Internet users to this web site. Each user agrees not to
use any device, software, or routine to interfere or attempt to interfere with
the proper working of the Granza site or any Proposal session being conducted
on our site. Each user also agrees not to take any action that imposes an
unreasonable or disproportionately large load on our infrastructure. A
user issued a password agrees not to disclose the password to any third party
or use the password for any unauthorized purpose. 7. WEB LINKS Granza may display URLs or
icons that allow users to link to other websites, including, without
limitation, sites operated by Real Estate Agents. Any content, representations,
or warranties made on such other websites are the sole responsibility of the
operator of the site, and Granza cannot and does not assume any liability,
obligation, or responsibility for such content, representations, or warranties
of any kind, whether express or implied. Our current privacy
policies, available at http://www.Granza.com, are incorporated fully here by
this reference, as if fully set forth here. After you have been given
access to to Granza Rewards, there is never any obligation to apply for real
estate or lending services when using coupons. No addresses,
telephone numbers, or other personal information are released. We do not
sell customer information. We never arbitrarily release your personal
information to anyone, unless you expressly authorize us to do so.
Your privacy “Opt In” or
“Opt Out” choice is done in personal Granza record. If you are an existing customer, you may
simply log in and modify your choice. For new customers, to ensure
privacy, check “NO” upon registration where it says, “Would you like to hear
about special offers from our other vendors?” Granza honors all of your
privacy wishes. Rewards
Providers never receive any of your personal information other than your name on your discount
coupons. 9. INDEMNIFICATION You agree to indemnify and
hold Granza and its successors, representatives, principals, officers,
directors, shareholders, employees, servants, agents, administrators,
attorneys, affiliated corporations, parent corporations, subsidiaries, assigns,
and licensees harmless, including reasonable attorneys fees, from any claim or
demand made by any third party due to or arising out of your use of the Granza
service, any information, good, content, product, or service provided by or
through Granza, or any violation of these TOU or of any other policy of Granza,
or any infringement of any intellectual property or other personal or
proprietary right of any person, by you or any other person using your user
name and password. 10. DISCLAIMER AND
WARRANTY GRANZA
AND GRANZA'S
SUPPLIERS PROVIDE INFORMATION, CONTENT, PRODUCTS, GOODS, OR SERVICES "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED.
GRANZA AND GRANZA'S SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply. Should Granza's
exclusion and limitation of liability not apply, you understand and agree that
Granza and Granza's suppliers provide information, content, products, goods,
and/or services "as is" and without any warranty or condition,
express or implied, to the fullest extent permitted by applicable law.
This warranty gives specific legal rights, and other legal rights may exist
that vary from state to state. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM OR THROUGH GRANZA SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE BY OR CONTAINED IN THESE TOU. Please remember that while
Granza provides an on-line user-initiated feedback system to help users evaluate
with whom they are dealing, every user must practice safe usage.
Authentication on the Internet is difficult, and Granza cannot and does not
confirm that users, TL’s, and TM’s are who they claim to be. Granza acts
as a communications venue, and is not responsible for users.
Specifically, without in any way limiting any other provision of these TOU,
Granza does not control, warrant, or guarantee the quality, safety, or legality
of the subjects of advertising, the truth or accuracy of the information posted
on website(s), the ability of sellers to sell or buyers to purchase property,
the ability of consumers to qualify for loans, or the ability of any TL’s or
TM’s to perform or lenders the ability to lend. If you, the user, have
any concerns about any person or entity, take measures to safeguard
yourself. Consumers may contact the real estate regulatory agency in your
state or local Association of REALTORS® to verify licensure or status or
affiliation. Real estate professionals should follow safe practices as
outlined in the National Association of REALTORS® 10 Safety Tips for the
REALTOR®. Each user participating
with Granza does so at that user's own risk. Information provided through
Granza is not an endorsement by Granza. You consent to Granza’s use
of your personal or account information and/or e-mail address to service your
account to improve our services to you, to allow you direct access to
non-public areas of your account, to provide new products or information that
you have requested, and to inform you of additional products or services that
may be of interest to you by e-mail, pop-up or pop-under advertisements, or
other means. TL’s and TM’s fully consent
to permit user-initiated feedback, and agree that Granza has no responsibility
for statements that are posted. The feedback rating is not an endorsement
or recommendation, actual or implied. Similarly, the feedback or customer
service survey rating is
not a criticism or disciplinary action for any purpose related to the business
practice or licensing status of a TL or TM. Information available on or
through Granza has been obtained from third party sources, and has not been
verified by Granza. Information supplied by
users could be offensive, harmful or inaccurate, and in some cases will be
mislabeled or even deceptively labeled. Although we may, at our sole
discretion, take actions to verify accuracy of information presented by users
of the site, such actions do not affect our rights or obligations under this
Agreement. We expect that every user will use caution -- and common sense
-- when using Granza. Website library, tools, or functionality
may provide results that are incomplete, outdated, obsolete, incorrect, or
inaccurate. Their use is for entertainment and informational purposes
only, and no results should be relied upon. Tool results do not replace a
professionally prepared report, by an appropriate professional familiar with
local market conditions and the subject matter. Granza does not guarantee
continuous, uninterrupted, or secure access to Granza information, content,
products, goods, or services, and operation of Granza may be interfered with by
numerous factors outside of Granza's control. Granza is not licensed to
practice law. Each user is therefore advised to contact an attorney
licensed to practice in his or her community whenever legal assistance is
appropriate. Each user understands and accepts the responsibility to do
so without further guidance or liability from Granza. User must
contact a Granza mortgage or real estate representative within the particular
State to verify that the receiving of Granza Rewards and/or Bonus Dollars
complies with its regulations. You may be eligible to receive "Bonus Dollars", if
offered, as a
credit at closing or such other manner as is permitted by state law. 11. LIMIT ON
LIABILITY IN NO EVENT SHALL GRANZA OR
GRANZA'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING AS A RESULT OF NEGLIGENCE)
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. GRANZA'S LIABILITY,
AND THE LIABILITY OF GRANZA'S SUPPLIERS, TO YOU, THE USER, OR TO ANY THIRD
PARTIES, IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF
FEES YOU, THE USER, PAID TO GRANZA IN THE TWELVE (12) MONTHS PRIOR TO THE
ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some states do not allow
the limitation of liability, so the foregoing limitation may not always apply. 12. GENERAL
COMPLIANCE WITH LAWS Each user agrees to comply
with all applicable laws, statutes, ordinances, and regulations. 13. NO AGENCY Granza is completely
independent from you, and from every user, TL, and TM. You and Granza
agree that Granza is not engaged in any agency, partnership, joint venture,
employer-employee, franchisor-franchisee, or other type of relationship with
you or other users, and no such relationship(s) are intended nor created by
these TOU. 14. NOTICES Failure to maintain a current and working e-mail address in your Granza
Membership account constitutes a waiver of your right to automatically receive
this information through any means, electronic or otherwise. Notice shall
be deemed given twenty-four (24) hours after the e-mail is sent.
Alternatively, Granza may give you, the user, notice through posting modified,
dated TOU on the Granza web site, or by sending notice via certified mail, postage
prepaid and return receipt requested, to the address provided to Granza during
the registration process (or thereafter). In such case, notice by
certified mail shall be deemed given three (3) days after the date of mailing. 15. CHANGES Granza may amend these TOU
at any time by posting amended TOU on the Granza web site. By continuing
to use the Granza service, you, the user, agree that the amendments are
immediately effective unless otherwise provided for in these TOU or by
applicable law. This TOU may not be otherwise amended except in a
detailed writing between the President of Granza and you, the user. 16. GENERAL These TOU shall be governed
in all respects by the laws of the State of California applicable to agreements
entered into and to be performed entirely within California between California
residents, without giving effect to California conflict of laws provisions or
the laws of your actual state or country of residence. All parties submit
to jurisdiction in California, and further agree that any cause of action
arising under these TOU shall be brought exclusively in a court in Los Angeles
County, California. Should any part of the TOU be held invalid or
unenforceable as written, that portion shall be reformed and/or construed
consistent with applicable law as nearly as possible to reflect the original
intentions of this agreement, and the remaining portions will remain in full
force and effect. If the contemplated purpose of any provision of the TOU
is held unlawful, void, or unenforceable for any reason, then that provision
shall be deemed severable and shall not affect the validity and enforceability
of any remaining provisions. Headings are for reference purposes only,
and in no way define, limit, construe, or describe the scope or extent of such
section. Granza’s failure to act with respect to a breach by a user or
others does not waive Granza’s right to act with respect to subsequent or
similar breaches. 17. DISCLOSURES The services hereunder are
offered by Granza, Inc., a California corporation, located at 365
E. Avenida de los Arboles, Suite 1011, Thousand Oaks, CA. 91360. 18. ENTIRE
AGREEMENT You, the user, and Granza
acknowledge, understand, and agree that these TOU constitute the entire and
only understanding and agreement between us, that these TOU supersede all prior
or contemporaneous agreements, discussions, or representations, whether oral or
written, with respect to Granza, its web site, and the services offered or
facilitated through or by that site, and that these TOU cannot be varied,
amended, changed, waived, or discharged except in a writing signed by the
president of Granza. You, the user, further acknowledge that no promises,
representations, inducements, agreements, or warranties of any kind, other than
those explicitly set forth in these TOU, have been made to induce your
acceptance of these TOU, nor have you, the user, agreed to these TOU in
reliance on any such promise, representation, inducement, or warranty. This agreement is personal to you, and you may not assign, transfer, or delegate this agreement or any of your rights or obligations under it to any person without the prior written consent of Granza, which may be withheld by Granza in the exercise of its sole and exclusive discretion. Any purported assignment absent such consent shall be null and void and of no force or effect. APPENDIX 1: DEFINED TERMS a. "Information" means any information, content, good, product, service, statement, name, property listing, endorsement, logo, trade name, graphic, media, text, icon, hypertext and/or graphical Internet link, domain name, marketing, computer program, or content, tool, functionality, or operation of any kind whatsoever (individually or collectively), that a user provides or makes available to Granza or other Granza users, whether through the member registration, profile, or proposal process, preferred vendor program, or otherwise, whether or not submitted in a public or private area, or through any e-mail or communication feature, such as a hypertext and/or graphical Internet link. b. "Member" means any user completing the registration procedure and thereafter approved for membership. c. "Preferred Vendor Plan" means a service that allows Agents to provide Consumers with Information, including, but not limited to, the names, addresses, and contact numbers for mortgage lenders, title companies, insurance companies, and other business establishments. d. "Profile" means an outline of a home seller’s or buyer’s or home loan applicant’s needs and/or desires. e. "Seller" or "home seller" means an individual who owns an interest in real property who wishes to dispose of that interest. f. "User" means you, or any individual requesting or accepting information, content, goods, products, or services from or through Granza for you or on your behalf, including, but not limited to, an Agent, Consumer, or an unregistered website visitor.
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