OnlineGhar's offers services to you, the "User", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your registration with OnlineGhar and/or use of OnlineGhar's services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice.

Real Estate Services to Home Buyers and Sellers

OnlineGhar allows Users to locate and evaluate proposals from independent third party real estate professionals. Users (whether a home buyer or a home seller) agree to supply OnlineGhar with information about themselves and the property they want to sell or hope to buy. OnlineGhar will use this information within OnlineGhar and to provide certain details on an anonymous or non-anonymous basis depending on the OnlineGhar service to third parties who are, in most cases, appropriate members of its real estate agent network. Users may also agree to have the information he/she has supplied to OnlineGhar forwarded to real estate or other third-party professionals referred by OnlineGhar. As OnlineGhar uses email, on an almost exclusive basis, to provide OnlineGhar services, all OnlineGhar users must consent to receive Email from OnlineGhar to register for OnlineGhar services. OnlineGhar users will also be required to consent to receive emails from third party(ies) if the OnlineGhar service requested requires services from a third party(ies) (for example, a local real estate agent).

To assure the value of OnlineGhar's services, you agree that all of the information you have provided to OnlineGhar, whether on line or otherwise, is accurate and complete. OnlineGhar reserves its right to terminate or suspend access to any user information that is alleged to be inaccurate or misleading. If required by the terms of the OnlineGhar service requested by User, you authorize OnlineGhar to forward your information to its network of real estate professionals according to the terms of the OnlineGhar service that you use.

OnlineGhar may refer real estate professionals to Users, but OnlineGhar does not engage in real estate broker services. Real Estate brokerage activities are performed by local Real Estate Professionals that have been referred to you by OnlineGhar. The terms of any agreement between a real estate professional and OnlineGhar are not endorsed, recommended or otherwise known to or by OnlineGhar.

For its services OnlineGhar may receive payment including, but not limited to a referral fee that may be a percentage of the commission received by the real estate professionals involved in the real estate transaction. OnlineGhar's payment is due an agreement between OnlineGhar and the real estate professional involved. Your registration with OnlineGhar and use of OnlineGhar services constitutes your acknowledgment of, and agreement to, this compensation arrangement.

OnlineGhar may from time to time offer eligible Users promotional opportunities to incent use of OnlineGhar services within a particular time frame. These opportunities may include but are not limited to discounts, rebates, gift certificates, points or other incentives that are only available to Users who use a OnlineGhar affiliated real estate professional to buy or sell a home. User eligibly for a particular promotion will be defined in the terms of each promotion. Not all Users may be eligible to receive all promotional opportunities.

Modification Of OnlineGhar Services

OnlineGhar reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. OnlineGhar shall not be liable to any User or any third party should OnlineGhar exercise its right to modify or discontinue service.

Fees and Registration Requirements for Real Estate Professionals

OnlineGhar offers services targeted to Real Estate professions. To receive these services real estate professionals must accurately complete a registration for each desired services and agree to relevant payment obligations. Depending on the service chosen real estate professionals may be required to supply a valid credit card that is available for periodic payments. Alternatively, where applicable, a Real Estate Professional must agree that referral fees due to OnlineGhar for OnlineGhar services shall be paid directly to OnlineGhar from the escrow agency, or similar at the close of a qualified real estate transaction. All real estate professional registrations with OnlineGhar are non transferable and all fees paid are non refundable. Real estate professional who register for a OnlineGhar services acknowledge that they may need to obtain their broker or other permission to use the OnlineGhar service and User expressly agrees that all such permissions have been obtained.

Applicable referral fee(s) are payable whenever a real estate professional submits a proposal to the User (buyer and/or seller) and subsequently handles the purchase and/or sale of the User's property. For real estate professionals receiving Seller and/or Buyer referrals from OnlineGhar the applicable referral fees are payable whenever the real estate professional has submitted a proposal to a Seller or Buyer through the OnlineGhar system and 1) the real estate professional subsequently handles the sale of any property for the Seller (for the first property sale related to that Seller), 2) the real estate professional subsequently handles the purchase of any property for the Seller (for the first property purchase related to that Seller), 3) the real estate professional subsequently handles the purchase of any property for the Seller or Buyer (for the first property purchase related to that Buyer) and/or 4) the Agent subsequently handles the sale of any property for the Seller or Buyer (for the first property purchase related to that Buyer). If another person posts a seller or buyer profile that relates to a prospective buyer and/or seller, the term Seller or Buyer, as the case may be, shall include both persons. In the event of a change in the applicable referral fee, OnlineGhar will accept the original referral fee for any transaction(s) where we are notified of such transaction(s) and where we receive a valid real estate contract dated prior to notification of the change in fee.

All applicable referral fees are calculated based on the entire gross commission remitted to each side of a transaction concerning the OnlineGhar user, prior to any split between the real estate professional and his or her broker, or allocation of a payment to another party (including but not limited to referral fee payments to other third parties). Real Estate Professional shall obtain any required broker approval prior to participation in any OnlineGhar service. Each real estate professional who registers with OnlineGhar also agrees to ensure that the closing Real Estate Professional for the transaction is instructed to pay OnlineGhar the applicable referral fees directly from settlement proceeds (unless closing Real Estate Professional is prohibited from making this payment in which case, payment to OnlineGhar shall be made within fourteen (14) days of close of sale or purchase). Real Estate Professional shall also make update and other reports to OnlineGhar as required by OnlineGhar from time to time as to status of the applicable transaction. Real Estate Professional further agrees that OnlineGhar may audit any books and/or records applicable to the status of the real estate transaction involving a dispute as to origination shall be resolved exclusively between OnlineGhar and the real estate professional that registered with OnlineGhar.

PAYMENT OF CHARGES

A. On Time Payment

User is expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. OnlineGhar may terminate or disable Users account if User fails to pay any amount due to OnlineGhar when due. If the credit card expires or otherwise declines payment access to OnlineGhar can be modified or suspended. If payment is more than thirty (30) calendar days past due an additional 15% of the balance, or the maximum allowable by law, whichever is less, may be assessed on the total amount of the late payment, and the entire amount unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. The User shall pay all costs of collection, including legal fees, incurred by OnlineGhar. The User is responsible for any premium Charges incurred in connection with the use of and/or by requesting or accessing OnlineGhar information, content, goods, product or services that are provided at an extra cost. Each time OnlineGhar is accessed or used, the User affirms that OnlineGhar is authorized to obtain payment from through a selected payment method. All fees are quoted and payable in United States dollars. The User is also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to OnlineGhar including Charges incurred on your account by the User, or anyone the User allows to use the User's account.

B. Payment Methods

Users complete billing address and telephone number must be provided to process payments. OnlineGhar accepts major credit cards including Visa and MasterCard and for some Charges may accept bank drafts including personal checks, money orders, cashiers checks, and company checks. However, for non-credit card payment methods OnlineGhar may not credit the applicable Membership account until additional procedures are completed and after the bank certifies receipt of funds - typically ten (10) business days. OnlineGhar may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.

C. Account Discrepancies

A User may always contact OnlineGhar customer relations by e-mail or telephone concerning Charges or other questions regarding the status of a Membership account. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending e-mail, and in no event later than ninety (90) days after a questionable billing or other discrepancy should have been discovered, the User must write to the Customer Relations Department, OnlineGhar, 1250 45th Street - Suite 200, Emeryville, CA 94608 delivered by United States mail or by fax to 510-655-0848.

Obligations of Real Estate Professionals Registered with OnlineGhar

By completing your registration with OnlineGhar.com as a Real Estate Professional, you agree that:

a. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the OnlineGhar services;

b. All information you submit to OnlineGhar or pursuant to a OnlineGhar service is accurate and complete and that you will maintain and promptly update such Profile, Proposal(s), Bid(s), Endorsement(s) or other Information supplied to OnlineGhar or to Users to ensure accuracy at all times;

c. You are an individual person (not a company or other association);

d. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents in the areas for which you have requested OnlineGhar service;

e. You agree to be contacted via Email by OnlineGhar, and third parties if relevant, regarding OnlineGhar's services;

f. You will not use information obtained through OnlineGhar to locate, identify or directly contact a Home Seller or Home Buyer in any manner without OnlineGhar or Buyer/Seller consent;

g. You will not use or attempt to use any facility provided by OnlineGhar wholly or partly in order to provide you with Information concerning the commissions, fees, prices, or other terms offered by other Real Estate Agents;

h. You will not submit a Proposal for services that you I) do not offer, ii) are not permitted or licensed to offer based on applicable laws and regulations, or iii) do not intend in good faith to contract with a Home Seller or Home Buyer to provide;

i. You will not submit a Profile or Proposal or Bid or Endorsement or refer OnlineGhar supplied leads to any other person;

j. You will not take any action that may undermine the integrity of any OnlineGhar User initialed feedback system, including, without limitation: supplying inaccurate information to, or accessible by, any of the OnlineGhar services.

k. OnlineGhar reserves the right to terminate the participation of any Real Estate Professional whose feedback rating falls below a minimum level set by OnlineGhar, at OnlineGhar's sole discretion;

l. You will not use any OnlineGhar User feedback rating system that may be available from time to time for any purpose other than to facilitate promotion of information among OnlineGhar Users;

m. You have secured and will maintain any required supervising broker's authorization and payment of a fee that will be incurred by virtue of your OnlineGhar Membership, if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight;

n. You hereby grant OnlineGhar permission to e-mail or display your Profile and such other information as may be supplied by you to OnlineGhar on or from OnlineGhar's website (www.OnlineGhar.com) and such other partner and affiliate websites as OnlineGhar shall deem advisable in its sole determination for marketing purposes;

o. You will utilize any OnlineGhar consumer feedback program(s) only in connection with Endorsement(s) that: (I) are Endorsements and as such are complete, accurate and verifiable, and do not misstate, misquote the endorser (including words taken from context) and have been posted with the endorser's full and unqualified permission, (ii) include the endorser's name and telephone number, (iii) do not name any other real estate professional or promote goods or services provided by someone other than the real estate professional posting an endorsement, and (iv) do not contain links to other web pages, pictures or JavaScript; and (v) will provide to OnlineGhar and OnlineGhar Users only Property Listings that are accurate and current, and comply with all professional, regulatory and contractual requirements, including such requirements relating to the promotion and advertising of those Property Listings; and (vi) will be responsible for setting your own fees and commissions in compliance with all applicable laws and regulations.

Obligations of Home Buyer/Sellers Registered with OnlineGhar

By completing your registration with OnlineGhar.com as a potential Home Buyer or Home Seller, you agree that:

a. You are of legal age and are otherwise capable of forming a legally binding contract;

b. You are interested in purchasing/selling property or both;

c. You are interested in purchasing/selling property located in the USA;

d. You do not have an exclusive contractual or other arrangement with any Real Estate Professional;

e. You agree to be contacted via Email or other means by OnlineGhar regarding OnlineGhar services;

f. OnlineGhar may request, receive, copy and review your real property transaction and/or settlement documents;

g. You acknowledge that OnlineGhar recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify Real Estate Professional license status and background as OnlineGhar.com, Inc makes no such representations and or warranties about any real estate professional that may use the OnlineGhar service.

h. As a Home Buyer or Seller, you are not bound to accept any of the Proposals submitted. Proposals are not binding offers and are not intended to create a contractual or agency relationship between you and the real estate professional. Any endorsements posted by a Real Estate Professional through the OnlineGhar Consumer Feedback Program are the sole responsibility of the Real Estate Professionals. OnlineGhar disclaims any liability arising from and the accuracy of any Endorsements posted by Real Estate Professionals. It is your responsibility to evaluate the nature of any Endorsement posted by any Real Estate Professional and to be aware that Endorsements might not reflect the actual quality of service that you may receive from a Real Estate Professional.

TERMINATION

OnlineGhar reserves the right to cancel the membership of any User in any OnlineGhar Service at any time for any reason, including a User's breach of these Terms of Use, or the terms and conditions of any service for which the User may have registered. A User may cancel membership in any of our lead generation services at any time for any reason by delivering a written notice at least thirty (30) days prior to the date of cancellation addressed to the Customer Relations Department, OnlineGhar, 1250 45th Street - Suite 200, Emeryville, CA 94608 by United States mail or by fax to 1-510-655-0848. User shall be responsible for ensuring delivery of the cancellation notice to OnlineGhar. All fees or charges due to OnlineGhar up to the point of termination or cancellation shall remain payable to OnlineGhar.

Copyright and Trade Mark Notices

USE OF REAL ESTATE AGENT IMAGES ON USER WEBSITE.

Real estate agents who register for OnlineGhar services, agree that OnlineGhar may link or otherwise drive traffic to that Real Estate agent website from time to time in OnlineGhar's sole discretion.

DISCLAIMERS AND LIMITATIONS

OnlineGhar intends that the information contained in it's Web site be accurate and reliable; however, errors sometimes occurs. In addition, OnlineGhar may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." ONLINEGHAR AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF ONLINEGHAR'S SERVICES IS AT YOUR OWN RISK. ONLINEGHAR AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ONLINEGHAR'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ONLINEGHAR AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDENITY

As a condition of use of this Web site, you agree to indemnify OnlineGhar and its suppliers, distributors, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of OnlineGhar's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

ERRORS AND DELAYS

OnlineGhar is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of OnlineGhar's services, to the goods or services provided by OnlineGhar, or to any acts or omissions for which you may contend OnlineGhar is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Contra Costa county, California. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to OnlineGhar. In any arbitration, OnlineGhar will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND ONLINEGHAR WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

OTHER TERMS