Last revised: May 12, 2006

USER AGREEMENT/TERMS AND CONDITIONS

Welcome to sfnewsletter. We provide our services to you subject to the following conditions outlined in this User Agreement. If you visit or join sfnewsletter, you accept these conditions. Please read them carefully. In addition, when you use any current or future sfnewsletter service or visit any business affiliated with sfnewsletter, whether or not included in the sfnewsletter.com website, you will also be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Policy, which also governs your visit to sfnewsletter, to understand our practices.

ACCEPTANCE OF TERMS

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may create an account with sfnewsletter. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CREATE AN ACCOUNT WITH SFNEWSLETTER.

ELECTRONIC COMMUNICATIONS

When you visit sfnewsletter or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

MEMBERSHIP ELIGIBILITY

sfnewsletter services are only available to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under the age of 18 or to temporarily or indefinitely suspended sfnewsletter members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site.

Furthermore, your sfnewsletter account, Username, and password may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

IDENTITY VERIFICATION

We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, sfnewsletter cannot and does not confirm each user's purported identity.

USER ACCOUNT, PASSWORD, AND SECURITY

Once you create an account with sfnewsletter, you will receive a username (currently a valid email address), password, and an account. You are responsible for maintaining the confidentiality of your username, password, and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time by following instructions. You may also set up a new account at your convenience. You agree to immediately notify sfnewsletter of any unauthorized use of your account or any other breach of security known to you.

TYPE OF ACCOUNT

Buyer/Seller/Reader:

sfnewsletter provides our service to you free of charge. The service consists of a weekly email newsletter sent to your inbox from either sfnewsletter or your real estate professional.

Real Estate Professional Free account:

With a free account you will be an active member of sfnewsletter, be able to access your account, create a username, and password, and generally use all of the functions of our site EXCEPT FOR the ability to send newsletters. Regardless of your Account Type, you agree to all of the terms and conditions set forth in this User Agreement.

Real Estate Professional Subscriber Account:

With a Subscriber Account (Subscription) you have all the same access, privileges, and responsibilities as with a Free Account. With a Subscription you will be able to send newsletters. Regardless of your Account Type, you agree to all of the terms and conditions set forth in this User Agreement.

BILLING

As a member of sfnewsletter, you agree that we are permitted to charge your credit card a subscription fee, any applicable sales tax and any other charges you may incur in connection with your use of sfnewsletter. The subscription fee will be processed upon registration of your subscription. It is your responsibility to maintain your most accurate billing information in your account. Should your billing information change at any time during your membership you must notify us as soon as possible with such changes. If your billing information changes and sfnewsletter requests payment from you and does not receive a reply or payment from you, your subscription will be suspended.

AUTOMATIC BILLING OF YOUR SUBSCRIPTION

Your sfnewsletter subscription will automatically renew and be billed unless you take action to cancel your subscription. For your convenience, we will charge the subscription fee to the credit card you provide to us during registration (or to a different credit card if you change your account information). Your subscription will automatically renew based on your subscription type (monthly, quarterly, semi-annually, annually) for successive subscriptions, without prior notice to you, unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of subscription fees to your credit card. On your renewal day, your account will automatically be billed the current subscription fee, which may or may not be equal to the amount you originally paid.

REFUNDS

You may cancel your subscription anytime up to 30 days from the original billing date and receive a full refund. This applies to all levels of subscription, whether monthly, tri-monthly, semi-annually, or annually. Should you cancel your subscription after 30 days, your fee WILL NOT be refunded to you. In addition, if you no longer wish to be a subscriber of sfnewsletter, and retain your account, you must cancel your service PRIOR to the automatic renewal date. NO REFUNDS WILL BE ISSUED AFTER YOUR FREE TRIAL PERIOD HAS ENDED, OR AFTER AUTOMATIC RENEWAL HAS OCCURRED.

NEWSLETTERS

sfnewsletter will write a new newsletter every week and make it ready to send every Friday (Certain exceptions apply for circumstances that are beyond our control such as fire, flood, death, dismemberment, accident, traffic delays, technical malfunctions, life events, theft, and any other events or situations beyond our control).

Active Subscribers may choose to manually send sfnewsletter, in which case it is the responsibility of each Subscriber to actively send, at their discretion, the newest newsletter that has been made ready for publishing. Subscribers can do this from Friday to the following Thursday. Active Subscribers may choose to automatically send sfnewsletter, in which case it is the responsibility of sfnewsletter to actively send, for these Subscribers, the newest newsletter that has been made ready for publishing. Under either option, Subscribers agree to indemnify and hold harmless sfnewsletter for any statements, opinions, links, data, or information of any kind that has been published in any and all newsletters.

Our Subscribers agree not to send any newsletter to any Recipient that has not actively chosen to opt-in to that Subscriber’s mailing list after receiving an invitation to join from the current Subscriber. Recipients of sfnewsletter can choose not to receive (opt-out) sfnewsletter at any time. If a Recipient chooses to opt-out of receiving sfnewsletter, our Subscriber agrees not to send sfnewsletter to that Recipient any more, unless the Recipient opts-in again by accepting a new invitation from our Subscriber to join their mailing list. If you feel you have wrongly received or sent sfnewsletter, please contact abuse@sfnewsletter.com immediately.

Information contained in sfnewsletter is the opinion and statement of our writer(s). We do not suggest to have more knowledge or experience in any field, and we do not take responsibility for any real estate or life decisions you may or may not make based on our writing. By either receiving or agreeing to send sfnewsletter you agree to take responsibility for your actions and indemnify and hold sfnewsletter harmless for any real estate or life decisions you may make.

Information collected for each newsletter is gathered from many sources. We do not take responsibility or warrant the reliability or accuracy of any such information. Information compiled in order to produce our “reports” is collected from the San Francisco Association of Realtors (MLS), such information is deemed reliable, but not guaranteed.

LICENSE AND SITE ACCESS

sfnewsletter grants you a limited license to access and make personal use of our Site, sfnewsletter.com, and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of sfnewsletter. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of sfnewsletter. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of sfnewsletter without express written consent. You may not use any meta tags or any other "hidden text" utilizing sfnewsletter’s name or trademarks without the express written consent of sfnewsletter. Any unauthorized use terminates the permission or license granted by sfnewsletter. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of sfnewsletter so long as the link does not portray sfnewsletter, or our service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any sfnewsletter logo or other proprietary graphic or trademark as part of the link without express written permission.

COPYRIGHT

All content included on this Site and its related newsletters, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software, is the property of sfnewsletter and protected by United States and international copyright laws. The compilation of all content on this Site and its related newsletters is the exclusive property of sfnewsletter and protected by U.S. and international copyright laws. All software used on this Site and its related newsletters is the property of sfnewsletter and protected by United States and international copyright laws.

TRADEMARKS

"sfnewsletter", "SFnewsletter", "SFhotspots", "Maximum Overbid of the Week", "Maximum Overbid", and other marks indicated on our site are trademarks of sfnewsletter, in the United States and other countries. "sfnewsletter", "SFnewsletter", "SFhotspots", "Maximum Overbid of the Week", "Maximum Overbid" and other sfnewsletter graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of sfnewsletter. sfnewsletter’s trademarks and trade dress may not be used in connection with any product or service that is not sfnewsletter’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits sfnewsletter. All other trademarks not owned by sfnewsletter that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by sfnewsletter.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY SFNEWSLETTER ON AN "AS IS" AND "AS AVAILABLE" BASIS. SFNEWSLETTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SFNEWSLETTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SFNEWSLETTER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SFNEWSLETTER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SFNEWSLETTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNITY

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Furthermore, you agree to indemnify and hold us harmless regarding any and all of your real estate decisions. You agree that the information contained on our site and throughout our newsletters are the opinions of sfnewsletter and its staff regarding real estate. You agree to take responsibility for your actions or decisions regarding real estate, and any actions or decisions you make have been entered into on your own accord, separate from any opinion that may or may not have been expressed as part of sfnewsletter’s website or newsletter service.

APPLICABLE LAW

This User Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this User Agreement, and all incorporated agreements may be automatically assigned by sfnewsletter, in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

USER CONDUCT

sfnewsletter reserves the right, but does not assume the responsibility, to monitor or review your conduct on sfnewsletter. Your use of sfnewsletter is subject to all applicable local, state, national and international laws and regulations. You agree: (1) to comply with U.S. law regarding the transmission of technical data exported from the United States through sfnewsletter; (2) not to use sfnewsletter for illegal purposes; (3) not to interfere or disrupt networks connected to sfnewsletter; (4) and to comply with all regulations, policies and procedures of networks connected to sfnewsletter. sfnewsletter makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures.

You agree not to: (1) use sfnewsletter in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or any use of distribution lists to any person who has not given specific permission to be included in such a process (commercial or otherwise); (2) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) transmit through sfnewsletter any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature; (4) invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using sfnewsletter; (5) transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; (6) interfere with another member's use and enjoyment of sfnewsletter or another entity's use and enjoyment of similar services; (7) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (8) publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (9) advertise or offer to sell or buy any goods or services for any non-personal purpose; (10) create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; (11) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a member of sfnewsletter any directory of sfnewsletter’s members or other member or usage information or any portion thereof other than in the context of member's use of sfnewsletter as permitted under the Terms and Conditions; (12) transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (13) interfere with or disrupt networks connected to sfnewsletter or violate the regulations, policies or procedures of such networks; (14) attempt to gain unauthorized access to sfnewsletter, other accounts, computer systems or networks connected to sfnewsletter, through password mining or any other means; (15) or engage in any other conduct which, in sfnewsletter’s sole discretion, is considered unauthorized or objectionable.

DISPUTE RESOLUTION

If a dispute arises out of your use of sfnewsletter or a breach thereof, by accepting these terms, you agree to first attempt in good faith to settle the dispute by non-binding mediation under the rules of the AAA (American Arbitration Association) or JAMS (Judicial Arbitration and Mediation Services) before resorting to court action or binding arbitration. A mediator tries to find a mutually acceptable resolution to a dispute and does not impose a settlement on the parties. Mediation fees shall be paid equally by sfnewsletter and you. This paragraph shall not apply to any disputes if the amount in controversy is within the jurisdictional limits of the Small Claims Court.

Any further dispute or claim in law or equity arising out of your use of sfnewsletter or any resulting transaction shall be decided by neutral binding arbitration in accordance with the rules of the AAA, JAMS (determined by the first filing party) and not by court action except as provided by California law for judicial review of arbitration proceedings. The parties shall have the right to discovery in accordance with Code of Civil Procedure 1283.05. Arbitrators can award compensatory damages, punitive damages, and/or order specific performance, injunctive relief and declaratory relief. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

NOTICE: BY JOINING SFNEWSLETTER YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ABOVE STATED PARAGRAPH DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY ACCEPTING OUR TERMS AND CONDITIONS YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY."

TERMINATION

Either party may terminate the account or subscription with or without cause at any time and effective immediately upon written notice to the other party, subject to sfnewsletter’s Refund Policy sfnewsletter may terminate the account or subscription with or without cause at any time and effective immediately, at sfnewsletter’s sole discretion, including but not limited to immediate termination of your use of sfnewsletter should your conduct fail to conform with these terms and conditions, including but not limited to the terms set forth in "User Agreement". sfnewsletter shall not be liable to you or any third party for termination of account or subscription. Should you object to any of these terms and conditions or any subsequent modifications thereto or become dissatisfied with sfnewsletter in any way, your only recourse is to immediately: (1) discontinue use of sfnewsletter; (2) terminate sfnewsletter account or subscription; and (3) notify sfnewsletter of termination. Upon termination of the account or subscription, your right to use sfnewsletter and our software shall cease immediately. You shall have no right and sfnewsletter will have no obligation thereafter to forward any unread or unsent messages to you or any third party.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy posted on this site. These policies also govern your visit to sfnewsletter. We reserve the right to make changes to our Site, policies, and this User Agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

COMPLETE AGREEMENT

These Terms and Conditions represent the complete and exclusive agreement between you and sfnewsletter. The terms and conditions contained in this User Agreement may not be modified by you.

HOW TO CONTACT SFNEWSLETTER

sfnewsletter
San Francisco, CA 94121
We can be reached via email at info@sfnewsletter.com

I HAVE READ AND AGREE/ACCEPT THE ABOVE STATED TERMS AND CONDITIONS AND THE ACCOMPANYING PRIVACY POLICY AND I WISH TO JOIN SFNEWSLETTER AS A NEW MEMBER.