Terms of use

1. Modification
2. Use
3. No Implied License
4. Conduct
5. Feedback
6. Links to Third-Party Sites
7. Export
8. Indemnification
9. Disclaimer of Warranty
10. Limitation of Liability
11. Third Party Rights
12. Termination
13. No Business Relationship Created By Your Use
14. No Waiver
15. Severability
16. Governing Law

EXP reserves the right to modify these Terms of Use at any time without notice. By accessing this Site after any changes to these Terms of Use have been posted thereon, you will be deemed to have consented to all such changes.

This Site is provided solely for the use of current and potential EXP customers to interact with EXP and may not be used by any other person or entity, or for any other purpose.



By registering on this Site as a customer of EXP, you agree to provide accurate and current information about yourself as prompted by the registration process and maintain and promptly update your online profile information to keep it accurate and current. EXP's Privacy Policy governs the use of information acquired from you through this Site.

This Site and any associated software, files, data, content, documentation, or any other materials provided by EXP (collectively "Associated Materials") are protected by United States and international copyright, trademark and other laws. © 2004 EXP. All rights reserved. EXP does not convey to anyone, through allowing access to this Site, any ownership rights in this Site or in the Associated Materials appearing on or made available through this Site. You may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of this Site or the Associated Materials.



You shall not cause this Site to be displayed as a part of or within another Internet site or Web page or resell or redistribute any portion of this Site or Associated Materials or provide access to the foregoing to any third party for financial gain.

You agree not to use this Site or the Associated Materials to: (i) restrict or inhibit others from using and enjoying this Site; (ii) transmit or upload unauthorized advertising, promotional materials, junk mail, "spam," chain letters or any other form of unauthorized solicitation; (iii) transmit or upload any material that violates or infringes the rights of third parties including, without limitation, copyright, patent, trademark, rights of privacy or publicity or any other proprietary right; (iv) transmit or upload any virus or any program or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) transmit or upload any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent; (vi) gain unauthorized access to other accounts on the Site, other computer systems or networks; (vii) store, collect or disclose any company names, addresses, telephone numbers, email addresses, listings, reports, fees, pricing or any other information except as strictly necessary to use the Site or (viii) impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact. You, and not EXP, shall be responsible for ensuring that your use of the Site and the Associated Materials does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, U.S. law regarding the transmission of technical data. You agree to obey the requirements, procedures and policies of computer systems connected to this Site. EXP shall have the right, but not the obligation, to monitor or review your conduct on this Site.

In the event that you provide EXP with any feedback or suggestions ("Feedback") regarding the functionality and/or performance of this Site or the Associated Materials, EXP shall have a non-exclusive, perpetual, non-terminable, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.

This Site may contain links to websites operated by parties other than EXP. Such links are provided for your convenience and reference only. The linked sites are not under the control of EXP, and EXP is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of a link does not imply any association with their operators or any endorsement of the linked site by EXP.

You agree that you will not directly or indirectly, export, re-export, or knowingly permit the export or re-export of this Site or the Associated Materials to any country to which the United States has embargoed goods, to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial orders, or to any country for which the United States Export Administration Act, or any similar United States law or regulation, requires an export license or other U.S. Government approval, unless the appropriate export license or approval has first been obtained. By downloading or installing any Software available on or through this website, you agree to abide by this Export provision.

You shall indemnify, defend and hold harmless EXP, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys' fees, accounting fees, and expert witness fees arising out of or related to (i) your use of this Site or the Associated Materials and (ii) any breach or non-compliance by you of these Terms of Use. EXP shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the written consent of EXP.

THIS SITE AND THE ASSOCIATED MATERIALS, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXP AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THIS SITE, THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE. EXP AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXP MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS SITE, THE ASSOCIATED MATERIALS, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS SITE AND THE ASSOCIATED MATERIALS.

EXP SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH EXP OR THIS SITE AND THE ASSOCIATED MATERIALS, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THIS SITE AND THE ASSOCIATED MATERIALS OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THIS SITE AND THE ASSOCIATED MATERIALS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF EXP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS. IN NO EVENT SHALL EXP'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF USE OR THIS SITE AND THE ASSOCIATED MATERIALS EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

These Terms of Use are not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto and no person shall assert any rights as a third party beneficiary hereunder.

You agree that EXP, at its sole discretion, may terminate your access to this Site and your account, if any, at any time and without prior notice for any reason. EXP may also in its sole discretion and at any time discontinue providing this Site, or any part thereof, with or without notice. Further, you agree that EXP shall not be liable to you or any third-party for any termination of your access to this Site and/or your account.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and EXP as a result of your use of this Site.

The failure of EXP to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby.

These Terms of Use shall in all respects be governed by, subject to, enforced and construed in accordance with the laws of the State of California including all matters of construction, validity, performance and enforcement. The parties agree that the exclusive jurisdiction and venue of any action between the parties arising out of, or in any way connected with the provisions of these Terms of Use, the subject matter hereof, the parties mutual rights and obligations arising heretofore or hereafter or the performance of any of the terms and conditions hereof by either of the parties hereto shall be the Superior Court of California for the County of Alameda and the United States District Court for the Northern District of California, as applicable, and each of the parties hereby submits itself to the exclusive jurisdiction and venue of such courts for purposes of any such action or proceeding.