Provider Agreement

REALTrans.com Webservers   PROVIDER's SUPPLEMENTAL TERMS AND CONDITIONS

A. Click "I AGREE"
This Provider's Supplemental Terms and Conditions ("Supplemental Agreement") is a legally binding document that supplements the contractual agreement between you and us, which you have agreed to, entitled the User Web Site Agreement ("User Agreement"). This Supplemental Agreement contains additional provisions which apply to you as a Provider, and incorporate by reference all definitions contained in the User Agreement. Except as otherwise provided in this Supplemental Agreement, all provisions of the User Agreement continue in full force and effect pursuant to their terms, and all undefined capitalized terms used in this Supplemental Agreement shall have the meaning set forth in the User Agreement.
In consideration of the mutual promises contained in this Supplemental Agreement and other valuable consideration, intending to be legally bound, by clicking the I AGREE button below you acknowledge your agreement with all of the provisions of the User Agreement and you agree to the provisions contained in this Supplemental Terms and Conditions which governs your use of this Web Site as a Provider. We recommend that you print a copy of this Supplemental Agreement for your records.
By using this Web Site, you represent and warrant that you can form legally binding contracts under applicable law, and that you are a merchant (as defined in section 19 of the user agreement). Furthermore, you represent and warrant that the individual executing this agreement by clicking the I AGREE button and entering additional information has authority to bind your company as provider and that by doing so is not breaching or in conflict with another agreement or obligation.

B. TRANSACTION FEES
As a Provider, you will be charged and agree to pay to us a fee ("Fee") with respect to each order for your Services that you confirm. The applicable Fee will be calculated according to our current "Transaction Fees" which are a part of this Supplemental Agreement. Your credit card which you previously provided to us (or such other credit card that you later provide to us in writing) will be charged the Fee for each order regardless of whether the Requestor subsequently cancels the order or fails to consummate the transaction. If your credit card is rejected or not approved for any reason, we may terminate your access to our Web Site and your are still responsible for Fees incurred by you. We may change the Transaction Fees from time to time by notifying your Administrator of the amended Transaction Fees and the amended Transaction Fees will apply to all orders received after the date indicated in our notice to you. Your continued use of this Web Site after the notice indicates your approval and agreement to pay us based on the amended Transaction Fees. You may terminate your access to this Web Site according to Section 11 of the User Agreement, in the event you do not agree to the amended Transaction Fees.

C. AMENDMENTS
Amendments to this Supplemental Agreement shall be in the same manner as provided in Section 4 of the Requestor's Agreement.

D. DISCLAIMER OF WARRANTIES
We make no representations or warranties, of any kind, either express or implied, as to the identity or reliability or credit worthiness of any requestor and whether you should accept orders from such requestor or otherwise do business with such requestor, or with respect to any descriptions of your services or as to the accuracy of any information posted for such services made on this Web Site and we shall not be liable for any incorrect postings or for any failure of a requestor to consummate any transaction.

E. INDEMNIFICATION
In addition to the indemnification obligations in the User Agreement, you also agree to indemnify, defend and hold us, our affiliates and subsidiaries and all of our and our affiliates' and subsidiaries' respective officers, directors, employees, attorneys and agents harmless from and against any and all claims, demands, actions, costs, liabilities and losses (including attorneys' fees) resulting from: (i) your provision of Services; (ii) your violation of any laws, including but not limited to laws governing the real estate and mortgage industries; and/or (iii) breach of this Supplemental Agreement.

F. LIMITATION OF LIABILITY
Section 16 of the User Agreement is replaced with the following:
In the event that you have a dispute with one or more users, you release us (and our officers, directors, employees, attorneys and agents) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this Web Site or such disputes.
Our contracts with certain of our suppliers provide for scheduled preventative and emergency maintenance work. We will have no liability, whatsoever, for the unavailability of this Web Site caused by our supplier's performance or lack of performance of the maintenance work to keep this Web Site operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by any third party acts or any other web host provider or the Internet infrastructure and network external to this Web Site.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US UNDER THIS SUPPLEMENTAL AGREEMENT DURING THE SIX (6) CONSECUTIVE CALENDAR MONTHS IMMEDIATELY PRIOR TO THE ACT GIVING RISE TO THE LIABILITY.
The limitations of liability provided in this Agreement inure to the benefit of us, our affiliates and to all of our respective officers, directors, employees, attorneys and agents.

G. OTHER GENERAL PROVISIONS
If any provision of this Supplemental Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. 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.
This Supplemental Agreement are part of the User Agreement, and together set forth the entire understanding and agreement between us with respect to the subject matter hereof. You represent and warrant that you can form legally binding contracts under applicable law, that you have authority to bind your company and that you are a merchant (as defined in section 19 of the user agreement).
By entering the required information and clicking "I AGREE," you acknowledge your agreement with the provisions contained in this Supplemental Agreement.