REALTYWEB.COM TERMS OF USE

Welcome! Realtyweb.com (collectively, or “we” or “our” or “us“) provide you with access to a variety of real estate related products and services, including our websites (our “Sites“), and all of our products or services available through our Sites and Apps (such Sites, Apps, products and services, collectively, the “Services“). Please read these Terms of Use (“Terms of Use“) carefully because they govern your use of the Services.

Agreement to Terms

The following terms and conditions apply to everyone who uses Realtyweb’s Services (including real estate professionals), and they govern the relationship between Realtyweb and you during your use of the Services. By accessing and using our Services, you explicitly agree to comply with and be bound by these Terms of Use.

You are allowed to use our Services only if you can form a binding contract with us. Our Services are not directed to persons under the age of 18, and if you are under the age of 18, you may not use our Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use. In that case, “you” and “your” will refer to that company or other legal entity

The Services We Provide

Our Services: Our Services comprise a variety of real estate-related products and services made available through our Sites. These Services include such things as real estate listings and related information, mortgage related information, real estate professional profiles, advertisements, user forums, and tools and widgets (“Widgets“). Certain Services may be located on third-party websites or applications, either as links from an add-on service to, or otherwise in connection with, websites or applications that those third parties control.

Registration and Your Information: If you want to use certain features of the Services, you’ll have to create an account (“Account“). You can do this through the applicable Site

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

By using our Services and providing us with your contact information, you agree that we can send you communications about our Services. You may opt-out of receiving communications unrelated to the Services. By using our Services or by filling out any forms on or through the Services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise. Mobile phone charges may apply. From time to time, when you call us we may wish to record those phone calls for quality assurance and customer satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you consent for us to record your call when you call us.

None of Our Services Is an Offer or Promise to Sell: Nothing contained in the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. The Services offered therein are provided solely as a forum and technical interface that may connect homeowners with our locally licensed real estate agents, brokers and other home-related service providers. Realtyweb does not provide any real estate, appraisal or home-related services, and do not hold ourselves out as being licensed to perform any such services. It should also be noted that Realtyweb does not make any assurance as to the timeliness or accuracy of information provided by other real estate agents, brokers or other home-related service providers or other related follow up. Furthermore, if the requesting homeowner submits incomplete, insufficient or inaccurate information, or if the completion of a home evaluation is in conflict with real estate rules, laws or best practices, then an evaluation may not be provided to the requesting homeowner.

Deal with Us in Good Faith: By creating an Account, you agree that you are signing up for the Services in good faith, and that you mean to use them only for their intended purposes as real estate information and marketing tools and for no other reason.

Security: While Realtyweb works to protect the security of your content and Account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your Account. You are also responsible for maintaining the confidentiality of your Account information and for ensuring that only authorized individuals have access to your Account. You are responsible for all actions taken or content added through your Account.

Do Not Abuse Our Sites and Services: You may not engage in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users, listings or other information from our Sites or that uses web “bots” or similar data gathering or extraction methods. You may not copy or distribute any content, including any listing content, without the prior written consent of Realtyweb. You may not frame any part of our Sites or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

No Endorsements: Realtyweb does not sponsor, endorse, recommend or approve of any real estate agent, broker, mortgage broker or other home-related service provider who offers services. While we try to confirm that participating real estate agents, brokers and other home-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other home-related service provider who offers services through the Services is licensed, qualified, or capable of performing any such service. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. All non-Realtyweb trademarks, registered trademarks, product names, and logos appearing on our Services are the property of their respective owners.

No Sublicensing/Reverse Engineering: You may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services (except to the extent specifically permitted by applicable law; or (iv) make the functionality of the Services available to multiple users through any means.

 

Our Rules About User Content

Your Content Is Your Responsibility: You are solely responsible for any listings, messages, reviews, text, photos, videos, graphics, code, or other content or materials that you post, submit, publish, display or link to through the Services or send to other Realtyweb users (collectively “User Content“). At all times, you must adhere to the then-current Realtyweb Community Guidelines, which are incorporated into these Terms of Use.

Realtyweb May Choose to Monitor User Content: Realtyweb does not approve, control, or endorse your or anyone else’s User Content and has no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use.

Be Truthful: You agree to provide accurate, complete, current, and truthful information when you add or edit facts about a home, or otherwise provide content through the Services.

Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state, or local law, rule, or regulation, including Fair Housing Laws. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful, or that contains a virus or other malicious code.

Do Not Violate Others’ Rights: You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes, but is not limited to, information about neighbors or other information that would potentially be viewed as an invasion of privacy.

You Grant Realtyweb a License to Use Your User Content: When you provide User Content via our Services, you hereby grant to Realtyweb a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully sublicensable and transferable license under any and all intellectual property rights that you own or control to publish, reproduce, distribute, perform, display, adapt, modify and prepare derivative words of, and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for any User Content you provide to Realtyweb.

Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to Realtyweb may be redistributed through the Internet and other media channels, and may be viewed by the general public.

Feedback: We welcome feedback, comments and suggestions for improvements to the Services (“Feedback“). You can submit Feedback by emailing us at info@Realtyweb.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, publicly perform, publicly display and otherwise exploit the Feedback for any purpose.

Terms Involving Claiming Your Home

Through the Services, users may claim a property found through the Services and provide additional information about such property. If you do so, you agree to the following:

Rules for Real Estate Professionals

Realtyweb User Information Provided to Real Estate Professionals: If you are a real estate professional, you agree that you will not use any information about Realtyweb users that is transferred to you during your use of the Services (for example, contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with services for which they contacted you. You shall not rent, sell or otherwise provide this information to any third party. Further, you shall not spam, harass or use such information for any illegal or harmful purpose or in any manner that reflects poorly on Realtyweb. You may only use our Services in compliance with all applicable laws.

Realtyweb Intellectual Property and Licenses

Our Services Are Protected: The Services, and all materials in the Sites and Services, including our branding, trade dress, trade names, logos, designs, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively “Materials“), are proprietary property of Realtyweb, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You may not use any meta tags or any other “hidden text” utilizing “Realtyweb,” “Market Leader” or any other name, trademark, or product name of Realtyweb without our permission. Except for the limited licenses expressly granted to you under these Terms of Use or under a separate agreement with Realtyweb, there are no other licenses to the Services, whether by implication, estoppel or otherwise.

Realtyweb Grants You a Limited License to Our Services: Subject to these Terms of Use and any other policies we create, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access the applicable Services for your personal, non-commercial, and informational use only. Any unauthorized use of our Sites or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use.

App License: If you wish to download and use our Apps, then subject to your compliance with these Terms of Use, Realtyweb hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes.

Realtyweb Does Not Own Real Estate Source Images: Realtyweb does not assert copyright ownership or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from third party sources or owners of such information. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. Realtyweb does assert copyright and reserves all right to the search results and associated compilations.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), Realtyweb has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers of other people’s copyrights. If you believe that your work has been copied and has been posted or submitted to the Services in a way that constitutes copyright infringement, please provide Realtyweb’s copyright agent the following written information:

Before sending a notice to Realtyweb, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for Realtyweb’s DMCA Agent for notice of claims of copyright infringement is provided below.

DMCA Agent: Realtyweb Legal Department

Address: 871 E. Hamilton Ave

Suite D

Campbell Ca 95008
USA

Phone Number: (408) 371-4020
Facsimile Number: (408) 371-4022
Email address: info@Realtyweb.com

Third-Party Links, Sites, and Services

Our Services may contain links to third-party websites, advertisements, services, special offers, or other events, activities, or content (collectively “Third-Party Materials“). These Third-Party Materials are not under the control of Realtyweb. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Realtyweb is not responsible or liable for your use of or access to any Third-Party Materials. Whenever you leave the Services, be aware that your activity outside our Services will not be governed by our Terms or Use or other agreements.

 

 

 

No Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ALL USE OF OUR SERVICES IS AT YOUR SOLE RISK.

Realtyweb makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Services. Realtyweb takes no responsibility and assumes no liability for any User Content or other content, including links to webpages, that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Realtyweb is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Services.

Indemnification

You agree to defend, indemnify, and hold Realtyweb and its officers, directors, employees and agents harmless from and against any claims, disputes, losses, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ and experts’ fees and expenses) arising out of or related to: (i) any User Content you post, store, or otherwise transmit on or through the Services; (ii) your use of the Services; and (iii) your violation of these Terms of Use or your violation of the rights of any third party.

Limitation Of Liability

IN NO EVENT SHALL REALTYWEB, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVERTISERS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, PROFITS, GOODWILL OR DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES.

IN NO EVENT WILL REALTYWEB’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO REALTYWEB FOR USE OF THE APPLICABLE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO REALTYWEB, AS APPLICABLE.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REALTYWEB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

General Terms

Modification of the Services: Realtyweb reserves the right to modify or discontinue (completely or in part) our Services, or any content appearing therein, in whole or in part. Realtyweb will not be liable to you or any third party if we exercise this right.

Modification of These Terms of Use: We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Services, at any time and in our sole discretion. If we do so, we will let you know by either posting the modified Terms of Use on the applicable Site or through other communication. Any changes or modification will be effective immediately upon posting of the revisions to the applicable Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these Terms of Use periodically, and check the version date for changes.

Termination: We reserve the right, with or without notice and in our sole discretion, to terminate any license to the Services and your access to and use of the Services, in whole or in part, and to block or prevent future access to and use of the Services.

No Waiver: Realtyweb’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

No Third-Party Beneficiaries or Rights: Except for an App Provider, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these Terms of Use.

Entire Agreement and Severability: These Terms of Use, and, if applicable, any amendments and additional agreements you might enter with Realtyweb in connection with our Services, shall constitute the entire agreement between you and Realtyweb concerning the Services, and shall supersede any prior terms you had with Realtyweb regarding the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use remain in full force and effect. In the event of a conflict between the terms and conditions of these Term of Use and any additional agreement, such as a Master Service Agreement or a Subscription Agreement, you have entered into with Realtyweb, the terms of such additional agreement shall control.

Assignment: You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Realtyweb’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, is null and of no effect. Realtyweb may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices: Any notices or other communications provided by Realtyweb under these Terms of Use, including those regarding modifications to these Terms of Use, will be given: (i) by Realtyweb via email; or (ii) by posting to the applicable Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Dispute Resolution

Unless you have entered into an additional agreement with Realtyweb that provides for an alternative dispute resolution mechanism, you agree to any dispute arising between you and Realtyweb will be governed by the arbitration procedure outlined below.

Governing Law: These Terms of Use are governed by the laws of the State of California without regard to its conflict of law provisions.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Realtyweb, you agree to try to resolve the dispute informally by contacting info@Realtyweb.com. We’ll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Realtyweb may bring a formal proceeding.

We Both Agree To Arbitrate: You and Realtyweb agree to resolve any claims relating to these Terms of Use through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting info@Realtyweb.com within 30 days of first accepting these Terms of Use and stating that you decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Realtyweb will pay all arbitration fees for claims less than $75,000. Realtyweb will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate: Either you or Realtyweb may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.

Judicial Forum for Disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Realtyweb agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Realtyweb consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

English: The parties have required that these Terms of Use and all documents relating thereto be drawn up in English. Les parties onto demande que cette convention ainsi que tous les documents que s’y rattachement soient rediges en anglais.

Contact Information

If you have any questions or suggestions regarding our Terms of Use, please contact us at:

Realtyweb.com Inc. 871 E. Hamilton Ave Suite D  Campbell Ca 95008  USA

Phone Number: (408) 371-4020
Facsimile Number: (408) 371-4022
Email address: info@Realtyweb.com

Copyright © 2014 Realtyweb, Inc. ALL RIGHTS RESERVED.