Terms of Use
(Adopted October 31, 2004)

When using RealtyStar Tools, you agree to the following terms and conditions (the "Terms of Use"). You can always check out the most current version of these Terms of Use at this page. In addition, when using particular RealtyStar Tools services, you shall be subject to any posted guidelines applicable to such services. If you do not agree to these Terms of Use please do not use the site and do not register to be a member of RealtyStar Tools. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these terms periodically for changes. Your continued use of the RealtyStar Tools service following the posting of changes to these terms will mean you accept those changes.

Overview

RealtyStar Tools is a repository for downloadable software for the Real Estate industry. These Terms of Use apply to the RealtyStar Tools service as well as any new products or services that we may add in the future.

General Terms of Use and Restrictions on Use of Materials

By using the RealtyStar Tools service, you agree to be legally bound and to abide by the Terms of Use, just as if you had signed this Agreement. If you do not comply with the Terms of Use at any time, RealtyStar reserves the right to limit your access to the RealtyStar Tools service. RealtyStar may discontinue or alter any aspect of the RealtyStar tools service, including, but not limited to, (i) restricting the time the realtyStar Tools service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the RealtyStar Tools service, at RealtyStar's sole discretion and without prior notice or liability.

In order to permit RealtyStar to protect the quality of its products and services, you hereby consent to RealtyStar employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.

You acknowledge that the RealtyStar Tools service may contain information, software (including scripts posted by others), photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. and Canadian copyright laws, and RealtyStar owns a copyright in the selection, coordination, arrangement and enhancement of such Content.

HotScripts' Privacy Policy
RealtyStar collects, stores and uses data collected from you in accordance with our Privacy Policy.

Community Standards and Conduct in HotScripts Forums
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the RealtyStar Tools. RealtyStar does not control all of the Content posted via the RealtyStar Tools service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the RealtyStar Tools service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RealtyStar be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the RealtyStar Tools service.

You agree to not use the RealtyStar Tools service to:
· upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
· harm minors in any way;
· impersonate any person or entity, including, but not limited to, a RealtyStar official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
· upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
· upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
· upload, post, or otherwise transmit any material that contains 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;
· disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the RealtyStar Tools are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in meaningful exchanges;
· interfere with or disrupt the RealtyStar Tools service or servers or networks connected to the RealtyStar Tools service, or disobey any requirements, procedures, policies or regulations of networks connected to the RealtyStar Tools service;
· intentionally or unintentionally violate any applicable local, state, national or international law;
· "stalk" or otherwise harass another member or user of the RealtyStar Tools service; or
· collect or store personal data about other users or members.
Submissions
By posting or submitting content to this site, you grant RealtyStar and its affiliates and licensees the right to market, sell, use, display, perform, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by RealtyStar will not infringe or violate the rights of any third party.

By posting or submitting content to this site, you agree to pay RealtyStar a commission of, at least 25% on each and every product sold. You further agree to reimburse RealtyStar for Credit Card authorization charges at the rate of 6% per transaction. RealtyStar Inc. will invoice each customer for any goods purchased and will provide a link to both PayPal.com and 2Checkout.com to facilitate payment. On the 15th day of each month, RealtyStar Inc. will review the sales of your Submissions and will pay you for all Sales completed in the previous calendar month. You will be paid an amount equal to Total Sales - ((Total Sales - Agreed Commission %) + (Total Sales - 6% Credit Card Authorization Charges)). All payments to you will be via transfer to your recorded PayPal Email-Id.

By posting or submitting content to this site, you agree to offer a 14-day, unconditional, money back warranty and you authorize RealtyStar to apply said warranty at its sole discretion. All claims made will be honored by RealtyStar and the amounts deducted from your payment.

If you send us scripts, creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, your property. None of the Submissions shall be subject to any obligation of confidence on the part of RealtyStar, and RealtyStar shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to RealtyStar.

Links
The RealtyStar Tools service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RealtyStar has no control over such sites and resources, you acknowledge and agree that RealtyStar is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RealtyStar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

DISCLAIMER
RealtyStar uses diligent efforts to maintain the RealtyStar Tools service, but RealtyStar is not responsible for any defects or failures associated with the RealtyStar Tools service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, RealtyStar makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the RealtyStar Tools service, including as to the accuracy, content, or quality of any such sites and information.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE REALTYSTAR TOOS SERVICE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK. REALTYSTAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, REALTYSTAR MAKES NO WARRANTY THAT THE REALTYSTAR TOOLS SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE REALTYSTAR TOOLS SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE REALTYSTAR TOOLS SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE REALTYSTAR TOOLS SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE REALTYSTAR TOOLS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF USE.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REALTYSTAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REALTYSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE REALTYSTAR TOOLS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE REALTYSTAR TOOLS SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE REALTYSTAR TOOLS SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE REALTYSTAR TOOLS SERVICE. IN NO EVENT SHALL REALTYSTAR'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS REALTYSTAR INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE REALTYSTAR TOOLS SERVICE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY HOTSCRIPTS OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and Modification
You agree that RealtyStar, in its sole discretion, may terminate your password, account (or any part thereof) or use of the RealtyStar Tools service, and remove and discard any Content within the RealtyStar Tools service, for any or no reason. RealtyStar may also in its sole discretion and at any time discontinue providing the RealtyStar Tools service, or any part thereof, with or without notice. You agree that any termination of your access to the RealtyStar Tools service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that RealtyStar may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the RealtyStar Tools service. Further, you agree that RealtyStar shall not be liable to you or any third-party for any termination of your access to the RealtyStar Tools service

Should your account be terminated for any reason, RealtyStar will continue to make payments to your PayPal Email-Id for any Sales completed prior to the termination of your account.

Governing Law and Other Miscellaneous Terms
The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the Province of Alberta, without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE REALTYSTAR TOOLS SERVICE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF HOTSCRIPTS, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN BANFF, ALBERTA (OR THE APPRPRIATE FEDERAL COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

COPYRIGHT AND COPYRIGHT NOTICES
RealtyStar respects the intellectual property of others, and we ask our users to do the same. RealtyStar may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RealtyStar's Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Please contact RealtyStar's Copyright Agent for Notice of claims of copyright infringement on:
  
  Copyright Agent
  RealtyStar Inc.
  Box 39
  Invermere, BC V0A 1K0