Terms and Conditions
Effective Date: June 22, 2015
This is a legal agreement (the “Agreement”) between you and RealHome Services and Solutions, Inc., its parent entities, affiliates and/or subsidiaries (“Owners.com”, “us”, “our” or “we”).
Please note that this Agreement includes a class action waiver, a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you.
REALHome Services and Solutions Inc. is a real estate brokerage licensed to do business in 49 states and the District of Columbia. In the following states, we perform our brokerage activities using the name Owners.com: AK, AL, CA, CO, DC, DE, FL, GA, HI, ID, IL,IN, IA, KS, KY, LA, MD, MA, ME, MI, MN, MO, MS, MT, NE, NJ, NM, NV, NY, NC, ND, OK, OR, PA, RI, SC, TN, TX, VT, WA, WV, WI and WY. A list of our licenses is available here.
Please note that by accessing the Owners.com® website (www.owners.com) and its related content, services and tools (collectively, the “Services”), you agree to be bound by these terms and any additional terms that may be provided to you by us in connection with your purchase of services or engagement of us as your real estate broker (“Additional Terms”). The Additional Terms are deemed included in this Agreement and in the event that any Additional Terms conflict with the terms herein, the Additional Terms shall control with respect to such conflict.
We may change the terms of this Agreement from time to time. We will notify you of any such changes via e-mail or by posting the changes or a link to the updated Agreement on the Owners.com home page. If you object to any such changes, your sole recourse will be to stop using the Services. Continued use of the Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification.
1.1 Grant of Limited Access: Subject to the terms of this Agreement, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access, view and use the Services solely for your personal, non-commercial and informational use.
1.2 Proprietary Property. The Services, including all material and information, and the selection, arrangement and composition of such information are proprietary property of Owners.com, its affiliates, suppliers, and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited access rights explicitly granted to you under this Agreement, no other rights (including any license) are granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
1.3 Real Estate Brokerage and MLS Listing Services. Through a separate written agreement, you may engage us to assist with certain real estate brokerage or related services, including listing your property on a multiple listing service (“MLS”). Any arrangements to provide real estate brokerage or MLS listing services will be governed by such separate written agreement between you and us. Unless otherwise agreed upon with us, by using the Services, you are not engaging us as your real estate broker or agent. We do not provide multiple listing service listing services in all areas; in some areas, we undertake to arrange for you to enter into an agreement for such services with a local, licensed broker or agent which may be an unrelated third party.
1.4 Content: Some content included in the Services is supplied by third parties and users of the Services. Accordingly, we have no editorial control over the content provided by such parties. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including information provided by other users of the Services, are those of the respective author(s) or distributor(s) of that information. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Services.
1.5 Use and Storage: You acknowledge and agree that we may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by us and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
2. Fees: You agree to pay all fees incurred from your use of the Services. All fees incurred in connection with the Services are non-refundable unless otherwise set forth in the description of the particular product you are purchasing.
4. Your Account, Password, and Security: You are solely responsible for any information you provide to us. You are responsible for maintaining the confidentiality of your username and password, and you are solely responsible for all activities that occur under your username and password. You agree not to share your username and password with others. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security related to the Services.
5. Information License: By submitting information to us through the Services, you grant us a worldwide, non-exclusive, royalty-free, irrevocable, fully paid, perpetual and fully sub-licenseable and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, publicly perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in your information in all media. We will not pay you or otherwise compensate you for any information you provide to us. You hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating in any way to the operation of the Services.
6. Your Responsibilities:
6.1 In providing us with information during the registration process, you agree to provide true, accurate, current and complete information and to maintain and update such information as needed. You acknowledge that you are over 18 years of age. You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto.
6.2 You agree not to post, submit or link to any material that (A) deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by us, (B) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (C) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (D) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize; (E) infringes the intellectual property rights, privacy rights or other legal rights of any individual or entity; (F) includes any code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses; or (G) interferes with, disrupts or otherwise adversely impacts the use of the Services by any other individual or entity.
6.3 You may not list any property on the Services that could cause us to unknowingly participate in or contribute to the violation any applicable law, statute, ordinance or regulation. We have a "zero-tolerance" policy for the posting of fraudulent listings, which includes any listings for properties you do not own or have a right to sell. We are committed to keeping our site and user community safe, and will report any and all suspected use of our site for scamming, fraudulent, or extortive purposes to the appropriate law enforcement agency or regulators.
6.4 You may not reverse engineer, decompile or disassemble the Services (except to the extent specifically permitted by applicable law). You may not use automated web queries (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity in connection with the Services); provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent. You may not frame any part of our Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services. You may not harvest information about users of the Services for any purpose. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or that harms us, its service providers, suppliers or any other person.
7. Access and Interference: You agree that you will not use any electronic device, software or process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any electronic device, software or process to interfere with or attempt to interfere with the proper working of the Services or any activities conducted on the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on the Services is updated on a real-time and/or regular basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Services without our prior written permission.
8. Bulk Downloads: The content offered on the Services, including listing data, is not intended for bulk downloads, and you are expressly prohibited from downloading any content in bulk. For the avoidance of doubt, bulk downloads shall include, without limitation, any ten retrieval related actions per minute from an individual IP address or otherwise associated with one user of the website. Unreasonable/excessive use may result in access being denied temporarily or permanently for a given user or IP address.
9. Modifications To The Services: We reserve the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice to you. We shall not be liable to you or any third party if we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and satisfaction with the Services as so modified.
10. Property Domains: We may offer customers the option of registering a custom internet domain name to showcase a property listing. Users of such services should be aware of ICANN Registrants' Benefits and Responsibilities.
11. DISCLAIMER. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON- INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
12. Breach: Without limiting other remedies, we may immediately remove your property listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide the Services to you if: (a) you breach this Agreement (or any other written agreement between you and us); (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
13. Indemnity: You agree to indemnify and hold us and (as applicable) our 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 Agreement (or any other written agreement between you and us) or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14. Limitation of Liability: Except as prohibited by law, you agree to hold the third party providers of information included on the Services, including sellers and the applicable MLS, and us harmless for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure. You further agree to hold the third party providers of information included on the Services, including without limitation sellers and the applicable MLS, and us harmless for any special or consequential damages that result from the use of, or the inability to use, the Services, or the materials on the Services, even if there is negligence or we or an authorized representative has been advised of the possibility of such damages, or both. IN NO EVENT WILL OUR COLLECTIVE LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO US FOR USE OF THE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR TEN DOLLARS, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.
Any claims relating to use of the Services must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID.
15. External Links: Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. Any concerns you may have regarding any external link should be directed to that link's website administrator or webmaster.
16. No Agency: You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
17.1 Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
17.2 Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by us without your written consent, to a third party in the event of a merger or acquisition. You may not assign any of your rights hereunder without our prior approval.
17.3 Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
17.4 Waiver. 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.
17.5 Entirety. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
17.6 Refusal of Services. We reserve the right to refuse service to anyone for any reason.
17.7 Disputes. All parties agree that this Agreement and the Services shall be governed solely by United States and Georgia law, without regard to conflict of law provisions and any and all disputes, brought in the United States, arising from your use of the Services will be resolved solely through the Federal Courts located in the state of Georgia.
17.8 Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
17.9 Restriction on Use. You may not copy, distribute, modify, transmit, reuse, report, or use the Services for public or commercial purposes, including the data, text, images, audio, and video without written permission.
17.11 Claims of Copyright Infringement: If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have 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 (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Attn: Legal Department
1000 Abernathy Road, Suite 245
Atlanta, GA 30328
18. Multiple Listing Services: We receive listings from multiple sources including MLSs. Information from these sources is deemed reliable but is not guaranteed. By using the Services, you agree to abide by the terms and conditions set forth by each provider, as indicated in the disclaimer below each listing and within our MLS Disclosures. Further, you agree not to copy, scrape, harvest, resell, or in any way use the MLS-provided content shown on the Services for any purpose other than conducting property searches for your own personal, non-commercial use, and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. If you are an authorized MLS participant or MLS representative, you are authorized to access the Services to verify compliance with the applicable MLS rules, as specified in the MLS rules.
19. Equal Housing: We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.