- By “texasrealestate.com” we mean the features and services we make available, including through (a) our Web site at www.texasrealestate.com and (b) other media, devices or networks now existing or later developed.
- By “us,” “we,” “our” and “TAR” we mean the Texas Association of REALTORS®, Inc., its employees, officers, directors, and all other persons or entities affiliated with the Texas Association of REALTORS®.
- By “Content” we mean the content and information on texasrealestate.com, including, but not limited to, all materials, images, trademarks, copyrightable materials, advertisements, data, text, graphics, files, photos, software and video.
- By “use” we mean use, copy, reproduce, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “Site” we mean texasrealestate.com site and various related services, including other media, devices or networks now existing or later developed.
II. User’s Acknowledgement and Acceptance of Terms
Finally, you acknowledge and agree that the information on the Site is made available for informational purpose only and is not legal, employment, tax, accounting, business formation, real estate registration, risk management, or other professional advice nor is it considered a substitute for such advice or counsel. Persons should not act upon information on this Site without seeking professional counsel, legal or otherwise.
III. Limited License for Use of Content; Conduct on Site.
- Except as otherwise provided on this Site, Users of this Site are granted a limited, nonexclusive license to use the Site and its Content for personal and non-commercial use only. Unless otherwise stated on the Site, Users may print articles, news stories, press releases, FAQs and other reading materials (“Documents”) from this Site for the User’s personal, non-commercial use only, provided that such Documents are not modified or revised in any manner. Except as permitted herein or as otherwise stated on the Site, Content may not be reproduced, sold, licensed, transferred, modified, distributed, transmitted, used to create derivative works from, published, displayed, or otherwise used or exploited for any purpose without the express written permission of TAR. Use of any permitted Content must be used as provided by TAR, without editing or modification, and must be accompanied by proper attribution to TAR as the source: “© TEXAS ASSOCIATION OF REALTORS®, Inc. Reprinted under a limited license with permission.”
- By accessing and using this Site, you agree that you will comply with all applicable local, state, national and international laws and regulations, and that you are solely responsible for the substance of your communications through the Site. In addition, by accessing and using this Site, you agree to the following:
a. You will not send or otherwise post unauthorized commercial communications to users (such as “spam”);
b. You will not collect users’ information, or otherwise access texasrealestate.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
c. You will not upload viruses or other malicious code;
d. You will not solicit login information or access an account belonging to someone else;
e. You will not bully, intimidate, or harass any user;
f. You will not post any defamatory, libelous, threatening, vulgar, sexually explicit, abusive, profane, rude, obscene, or anonymous content;
g. You will not use texasrealestate.com to do anything unlawful, misleading, malicious, or discriminatory;
i. You will not post anyone’s identification documents or sensitive financial information on texasrealestate.com; and
j. You will not post content or take any action on texasrealestate.com that infringes someone else’s rights or otherwise violates the law.
IV. Registration and Account Security.
- You will not provide any false personal information on texasrealestate.com, create an account for anyone other than yourself without permission, or impersonate any other person in any registration or content you upload to texasrealestate.com;
- You will keep your contact information accurate and up-to-date;
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
- You will not transfer your account to anyone without first getting our written permission; and
- You will not access or use certain areas of texasrealestate.com which require a username and password, unless you are a current member of the Texas Association of REALTORS® or have otherwise been given permission by the Texas Association of REALTORS® to register in order to use texasrealestate.com.
V. User-Generated Content.
VI. Purchasing TAR Products & Services.
TAR may make available products and services for purchase through the Site. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Refunds and exchanges will be subject to TAR’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchase(s). TAR reserves the right, without prior notice, to limit the order quantity on any product, item or service offered for sale on the Site and/or to refuse service to any customer.
TAR may use third-party suppliers and service providers to enable ecommerce functionality on the Site or direct you to a third-party supplier’s website to facilitate the purchase using such third-party supplier’s ecommerce functionality, where you may be asked to supply certain information relevant to the purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. By submitting such information, you grant TAR the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgement or completion of any purchase.
The Texas Association of REALTORS® logo is a trademark of the Texas Association of REALTORS®. All Texas Association of REALTORS® marks and logos appearing on texasrealestate.com are the property of the Texas Association of REALTORS® and all rights in those trademarks and logos are reserved.
VIII. Copyright Infringement.
1. Notice of Claimed Infringement. If you believe there has been an infringement of your copyrighted material by TAR or by a third party who has uploaded, posted, submitted or otherwise provided content on our Site, please provide the following information, in writing, to the TAR-designated copyright agent listed below:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. 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;
c. 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 TAR to locate the material;
d. Information reasonably sufficient to permit TAR to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted;
e. A 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
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TAR has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. § 512(c). If you believe your copyright material is being used on this Site without permission, please notify the designated agent at:
TEXAS ASSOCIATION OF REALTORS®, Inc.
1115 San Jacinto Boulevard, Suite 200
Austin, Texas 78701
2. Counter Notification. If we removed your content for allegedly infringing someone else’s copyright or other intellectual property rights, we will take reasonable steps to notify you, and if you believe we removed it by mistake, we will provide you with an opportunity to respond, pursuant to 17 U.S.C. § 512(g).
3. Repeat Infringers. TAR may terminate your access to the Site, in appropriate circumstances, upon infringement of third-party intellectual property rights. Appropriate circumstances may exist where:
a. TAR has received three or more valid, effective and uncontested notices, pursuant to the requirements of 17 U.S.C. § 512(c), claiming infringement by you, within any five-year period; or
b. You have been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, and TAR receives actual notice of such findings.
4. Alternate Names. Pursuant to 17 U.S.C. § 512(c) and 37 C.F.R. § 201.38, TAR has registered the following alternate names with the Copyright Office: Lone Star Targeting, TAR, TAR MLS, Texas Association of REALTORS®, Texas Association of REALTORS® MLS, Texas FormSource, and texasrealestate.com.
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
- Unless expressly indicated to the contrary, the existence of advertisements on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by TAR; and
- TAR is not responsible for the products and services of advertisers on the Site, nor is TAR responsible for the claims and representations made by an advertiser on the Site. XI.
X. Accuracy of Content.
TAR takes reasonable steps to maintain the accuracy of and update the Content on the Site. However, TAR does not make any representations or warranties regarding the accuracy of the Content, nor does TAR make any commitment to update the Content. You agree that you bear all risks associated with, the use of the Site and the Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of any Content or other materials available through the Site.
XI. Disclaimer of Warranties.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPARABILITY, SECURITY, ACCURACY AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
NEITHER THE TEXAS ASSOCIATION OF REALTORS®, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS REPRESENT, WARRANT, OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED, UPLOADED, DOWNLOADED, OR DISTRIBUTED THROUGH TEXASREALESTATE.COM BY ANY USER, OR ANY OTHER PERSONS OR ENTITY.
XII. Limitation of Liability; Indemnification.
1. Limitation of Liability. YOU AGREE THAT IN NO EVENT SHALL THE TEXAS ASSOCIATION OF REALTORS®, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND/OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED OR DOWNLOADED FROM THIS SITE.
2. Indemnification. You will promptly indemnify, defend, and hold harmless the Texas Association of REALTORS®, its parents, affiliates, supplies, successors, and assigns, and all of their officers, directors, and employees and agents from and against any fine, penalty, loss, cost, damage, injury, expense or liability (including reasonable attorneys’, accountants’, and expert fees and disbursements) arising out of any claim made by you or a third-party relating to use or misuse of this Site.
4. Ownership of Site. All right, title and interest in and to the Site and Content belong solely and exclusively to TAR and/or any third party owner of particular Content. The Site and the Content are protected by applicable federal, state, and local laws, including but not limited to copyright and trademark laws. All rights not expressly granted or addressed herein are expressly reserved by TAR.