READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING OUR SERVICES.
By accessing, downloading, installing, running or using any of these Services, you agree to be bound by these Terms, as updated from time to time. If you do not agree to our Terms, you should not access or otherwise use the Services. Any continued use of our Services after changes or updates have been made to these Terms constitutes your acceptance of such changes. The terms “you” shall refer to you the user, and the terms “we,” “us,” or “our” shall refer to Realty.com. The following conditions apply:
- 1.License. For as long as you remain compliant with all Terms as set forth herein, Realty.com grants you a limited, non-exclusive, non-transferrable, revocable license to access and use our Site on any personal device that you own or control. This license also permits you to access and use any content, information, or related materials that are made available as a part of our Services. Any rights not expressly granted herein are reserved by Realty.com, including its licensors. This license does not permit you to rent, lease, lend, sell, redistribute or sublicense our Site and Services.
- 2.Users. In order to use our Site and Services, you must have reached the age of majority and be a resident of the United States. Anyone under the age of 13 is prohibited from using our Services.
- Site Content and Materials. The information maintained on the Site is intended to provide users with information about Realty.com’s products and services and is subject to change without notice. Not all of the Services described in the Site are available in all geographic areas.For details as to the Services offered, including the related pricing, please refer to the applicable product details found within the Site.No solicitation is made to any person utilizing our Services to use any information, materials, products or services in any jurisdiction where the provision of such information, materials, products or services is prohibited by law.
- Data Use. All data and information obtained from our Site is intended only for your personal, non-commercial use, and shall be used for no other purpose.
- Interest to Purchase. You have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the Site.
- Site Registration. To receive access to certain information or Services, including complete real estate listings and to search and view certain data or information from the Multiple Listing Service (“MLS”) database via the Site, you are required by both us and the respective MLS to agree to these Terms, including any other additional terms incorporated by reference herein, and you must register and establish a user name and a password, the combination of which must be different from those of all other registrants of Realty.com’s Services (“Account”). Additionally, you must maintain the security of the user name and password at all times, notify Realty.com in the event your user name or password is lost or stolen at any time, and agree to accept responsibility for all activities that occur under your Account.If you open an Account you will be considered a “Customer”. Your Account is not transferrable and use is limited to one household per Account.As a condition to having an Account, you must provide a valid email address as part of your registration. You may be permitted to access certain portions of the Site only after we have verified that the email address you provided is valid and your agreement to these Terms is confirmed.For each Account we must at all times maintain a record of the name, telephone number and email address supplied by you, and the user name and current password of each registrant. Such records will be kept and maintained for not less than 180 days after the expiration of the validity of your password or otherwise. You are only authorized to use our Services as a registrant and authorized to view the restricted property listing data if you have agreed to abide and be bound by all applicable laws and to these Terms.
- Security Breach. If the MLS or Realty.com has reason to believe that the Site, as defined herein, have been subject to a breach in the security of the data or a violation of MLS rules related to use by one or more registrants, we may be required, upon request, to provide to the MLS a copy of the record of the name, email address, telephone number, user name, current password, and audit trail, if required, of any registrant identified by the MLS to be suspected of involvement in the violation.
- Data Validation. Information on the Site is deemed to be valid and reliable, but is not guaranteed. It is your sole responsibility to independently confirm and verify all information upon which you may rely or use from the Site. We do not review or approve listing enhancements.
- Data Availability. Property listing data may be available from us through other means, and, in certain instances, may include additional property listing data where a seller has opted not to display its respective property through our Services.
- Inaccurate Data. In the event you find any property listing data or information from, through or as a part of our Services to be inaccurate or incomplete, you shall notify the Realty.com.
- Legal Age. If you opt to select any of the Services offered through our Site you attest that you are over 18 years of age or otherwise are of legal age to form a binding contract.
- Real Estate and Lender Services.You acknowledge that Realty.com is not a real estate broker, mortgage broker or mortgage lender, and Realty.com does not aid or assist in the provisioning of real estate services or with borrowers in obtaining, the soliciting of borrowers or lenders for, negotiating or making loans secured by liens on real property.These Terms do not create an agency relationship and do not impose a financial obligation on you or create any representation agreement between you and any referenced real estate broker on the Site or Realty.com.To the extent you wish to engage a real estate broker through the Services offered within the Site you may do so, including listing your property for sale and/or listing your property on a MLS.Any arrangements to provide real estate services will be governed by such separate written agreement between you and the selected real estate broker or agent.You are responsible for reviewing, understanding and correctly completing all paperwork and complying with any terms and conditions of all agreements necessary and applicable to your engagement of a real estate broker and agent. The terms of any agreement between you and any real estate broker/agent are not endorsed, recommended or otherwise known by us and do not change, alter or modify any of the terms agreed to between you and us.
- Technological Issues. The Site may, from time to time, not operate as intended, at normal speed, with full functionality, or at all. In our sole discretion, the Site and our Services may cease to operate for any amount of time, and limitations upon the functionality or use of such Site and Services by the end user may result. Any decision to cease the activity of any one or all of our Services is solely at our discretion.
- No Unlawful or Prohibited Use. As a condition of your use of our Services, you represent and warrant to us that you will not use our Services for any purpose that is unlawful or prohibited by the applicable terms, conditions, and notices. You may not use our Services in any manner that could damage, disable, overburden, compromise or impair our Services or interfere with any other party's use and enjoyment of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Services.
- Comments/Submissions. To the extent that you post public comments through our Services, you shall act appropriately and will not submit posts which are obscene, false, misleading, not in good taste, violations of Fair Housing or other laws, or which may constitute harassment of any kind. We reserve the sole right to remove any comments deemed to be inappropriate and reserve the right to immediately terminate your access to our Services.We do not claim ownership of the materials you provide to us (including comments, feedback and suggestions) or post, upload, input, or submit to the Site (collectively "Submissions"). However, you hereby grant us (including, without limitation, our affiliates and necessary sublicensees) an irrevocable, perpetual, royalty-free, worldwide license to use all information you provide via posting, uploading, inputting, providing, or submitting your Submissions, in connection with the operation of our businesses, including, without limitation, the rights to: (a) copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions; (b) sublicense these rights in accordance with applicable law; and (c) provide the same to the relevant MLS, to administer and operate the Site, and to investigate any breach of security of the property listing data or applicable MLS rules. As applicable, the ability to write comments or reviews as to the Services may be removed from the Site at any time.
- Services Offered & Other Site/Products. Nothing contained in any of the Services is an offer or promise by Realty.com to sell or provide a specific product or service for a specific price or that any advertiser(s) on the Site will sell any product or service for any purpose or price or on any specific terms.Links to websites, other than to our Site, and the offering of third party products or tools are provided solely as suggested guidance toward information on topics that may be useful to users of our Site and Services, and we have no control over, and expressly disclaim the endorsement of, the content on such websites or such tools or products. If you choose to link to a website or utilize a tool or product not controlled by us, we make no warranties, either express or implied, concerning the content of such site, tools or products, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we warrant that such tools, products, website(s) or content are free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. We do not guarantee the authenticity of documents on the Internet. Links to other websites do not imply, and we expressly disclaim, any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such websites, or any representation regarding the content at such websites.
- Intellectual Property.
- Aside from the property listing data provided to us by way of the respective MLS, Realty.com, its affiliates, successors and assigns, as the developer and host of our Site, owns or licenses all other intellectual property rights related to our Site, including the look and feel of our Site and all underlying software, as updated and modified from time to time. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms. Except for the limited license granted herein, Realty.com, including its licensors, do not grant any license or other authorization to the respective trademarks, service marks, copyrightable material, trade secrets or other intellectual property by placing or displaying them on or through our Site.
- You shall (i) never remove or destroy any copyright or other proprietary marking placed upon, contained with, or used in connection with our Services; (ii) never create or authorize new versions, modifications, enhancements or derivative works to, nor translate, reverse engineer, de-compile, disassemble or attempt to derive the source code of, the Site and/or any of our Services or any portion thereof.
- You shall not copy, screen scrape, redistribute or retransmit any of the data or information provided, except you may use the property listing data in connection with your purchase, sale, or lease of an individual property.
- The subject real estate board, association, or MLS possesses all ownership, rights, licenses and intellectual property rights, including the copyright, in the MLS database compilation, and no rights are granted to you by virtue of registering to use our Services, except as expressly stated in these Terms.
- 19.Privacy. Please review the Privacy Notice. The Privacy Notice governs your use of our Services and explains our practices.
- Electronic Communications. When you use our Services, you are communicating with us electronically. You expressly consent and opt in to receive communications from us electronically. We will communicate with you by e-mail, instant messaging, or other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
- Applicable Law. By using our Services, you agree that applicable federal law and the laws of the State of Texas, without regard to its principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us. You agree that venue for any disputes shall be located exclusively in Denton County, Texas and expressly waive any right to claim that such forum is inconvenient.
- Non-Waiver. Our failure to exercise or enforce any provision or right set forth in these Terms does not constitute a waiver of that right or provision.
- 23.Assignment. Realty.com may assign these Terms, in whole or in part, at any time with or without notice to you.
- Disclaimer of Warranties. THE INFORMATION CONTAINED WITHIN OUR SERVICES, INCLUDING WITHOUT LIMITATION ALL TEXT, GRAPHICS, LINKS, TOOLS OR OTHER ITEMS ARE PROVIDED ON AN "AS IS", “AS AVAILABLE” BASIS. WE DISCLAIM ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE WITH RESPECT TO THE OPERATION, QUALITY, ACCURACY, SECURITY, COMPLETENESS, TIMELINESS, FUNCTIONALITY OR TITLE TO CONTENT PROVIDED OR DISPLAYED, INCLUDING THE PROPERTY LISTING DATA. ACCESS TO OUR SERVICES AT ANY TIME MAY BE INTERRUPTED, RESTRICTED OR DELAYED FOR REASONS BEYOND OUR CONTROL. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH OUR SERVICES, AND THEIR ATTENDANT INFORMATION AND MATERIALS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY CLAIMS, DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, FINANCIAL LOSS, DAMAGES FOR BUSINESS LOSS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE OUR SERVICES OR FROM ANY ACTION TAKEN AS A RESULT OF USING OUR SERVICES, INCLUDING THE PROPERTY LISTING DATA. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY REALTY.COM, ITS EMPLOYEES, AFFILIATES, LICENSORS, SERVICES VENDORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
- Copyright Infringement. We respect the intellectual property rights of others, and expect you as a registrant to do the same. To the extent anyone believes that his/her work has been reproduced in the property listing data within or as a part of any of our Services in a way that constitutes copyright infringement he/she may notify our agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit Realty.com to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of copyright infringement should be sent as follows:
3000 South Ocean Blvd.
Boca Raton, FL 33432
Attn: Copyright Agent
Phone: (561)654-7201 E-mail: Copyright.Agent@realty.com
If you give notice of copyright infringement by text or e-mail alone, the copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action. Based on our findings, as the result of any claim or allegation of copyright infringement, we reserve the sole right and discretion to remove content from our Services, and immediately terminate any use of our Services with regard to anyone who repeatedly engages in copyright infringement.
- Communications – Real Estate Agents, Lenders or Other. For purposes of communicating with you and providing you with information and notices about your Account or our Services (such as information about homes you might be interested in), you hereby expressly consent that Realty.com, its affiliates and employees, as well as any associated real estate broker or agent may communicate with you through the contact information associated with your Account, including, without limitation, your email, mobile number, telephone, or mailing address. You may adjust your Account settings both on your mobile device, as well as your browser, to control what kind of messages you receive from us; however, some features and the Services offered may not function correctly based on a change in your settings. You are solely responsible for your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about our Services. If you elect to request assistance from a real estate agent provided through the Site, whether to buy, sell or lease a property, or otherwise, you expressly authorize us to provide your personal information to the real estate agent selected to assist you and for such person to contact you, and for the real estate agent to share information with Realty.com, and its affiliates, and their agents. Similarly, if you elect to inquire of a lender, you expressly authorize us to provide your personal information to the lender and for such lender to contact you. Any calls that you make to us may be recorded or monitored for quality assurance purposes. By making such a call you hereby consent to the recording and monitoring of each call.
Electronic Communications/SMS Program. By submitting your contact information on the Site and accepting these Terms, you are providing your electronic signature and your consent to receiving telemarketing calls, SMS messages or other forms of communication from us, including our agents, affiliates and successors. By submitting your contact information and accepting these Terms, you further agree that (i) Realty.com, its agents, affiliates and successors may call, email and send text messages to you at the number(s) and address(es) you have provided for purposes of describing goods and services that may be of interest to you, offered by us or others on our behalf; (ii) these calls, SMS messages, and email messages may be made using an automatic telephone dialing system or email system and/or involve pre-recorded and/or artificial voice messages, and may be placed to a mobile phone number or other service, if that is the number you have provided. Standard message and data rates may apply to communications delivered to your mobile phone number. Carriers are not liable for delayed or undelivered messages. Your consent, if provided, is effective even if the number you have provided is registered on any state or federal Do-Not-Call (DNC) list. Your consent to calls, SMS messages, or other forms of communication is not a condition of obtaining any services from us.
- 28.Indemnification. You agree to defend and indemnify Realty.com, including its affiliates, officers, directors, employees and agents, against any and all claims, losses, damages, liability, costs and expenses (including but not limited to reasonable attorneys' fees) arising from (a) your use of our Services, including the property listing data; (b) violation of these Terms; or (c) violation of any law or third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with us and/or registration for our Services.
- 29.Compliance. If you are an authorized MLS participant or MLS representative, you are authorized to access our Services to verify compliance with the applicable MLS rules, as specified in the MLS rules.
- 30.Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
- Complete Agreement. These Terms constitute the final, complete, and exclusive statement of the terms between the parties that pertain to the subject matter found herein, and these Terms supersede all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into these Terms by, nor is any party relying on any representation or warranty independent of those expressly set forth in these Terms. No direct benefit is intended to be conferred by these Terms on any person not a party hereto and any benefit which may be actually conferred is purely incidental.
- Modification of Terms. We reserve the right to modify these Terms and its policies at any time without advance notice to you. Any modification of these Terms or any related policy is effective once displayed or published on or within our Services. You are responsible for regularly reviewing these documents. Continued use of our Services after any such changes shall constitute your consent to such changes. We do not and will not assume any obligation to notify you of any changes to this Terms.
- Effective Date. These Terms are effective 2.19.18