PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND REALSCOUT. BY ACCESSING OR USING OUR SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
Use of the Services by real estate brokers and agents is also subject to the terms and conditions set forth in the RealScout Agent Membership Agreement (the “Agent Agreement”). In the event of any conflict between these Terms and the Agent Agreement, the Agent Agreement will govern.
ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER ARE AUTHORIZED TO USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT TO REALSCOUT THAT YOU ARE AT LEAST 18 YEARS OLD AND CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. IF YOU DO NOT QUALIFY FOR THE SERVICES, PLEASE DO NOT ATTEMPT TO ACCESS OR USE THE SERVICES.
Use of the Services
- License. You are granted a limited, non-sublicensable license (“License”) to access and use the Services solely on the terms and conditions set forth in these Terms. Such License is for your informational, noncommercial and personal use only (except as permitted in the Agent Agreement) and does not include (and you are prohibited from): (a) any resale or commercial use of the Services (except as permitted in the Agent Agreement); (b) the collection, reproduction and use of property listings, pictures or descriptions or other content and information obtained from the Services except in connection with your or your client’s consideration of the purchase or sale of particular properties; (c) the distribution, public performance or public display of any portion of the Services including, without limitation, the content and information obtained from the Services; (d) modifying or otherwise making any derivative uses of the Services; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) any reverse engineering, decompiling, disassembling or hacking of any aspect of the Services or any part thereof, or attempting to do any of the foregoing, except and solely to the extent permitted by these Terms; (g) downloading (other than the page caching) of any portion of the Services or any information contained therein, except as expressly permitted by these Terms; or (h) any use of the Services other than for their intended purpose. Any use of the Services other than as specifically authorized herein, without the prior written permission of RealScout, is strictly prohibited and will terminate the License granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
- Third-Party Content. Most of the content and information on or available through the Services is either obtained through publicly available government sources or through multiple listing services or was otherwise posted, transmitted, distributed or made available by third parties, including other users. Any opinions, advice, offers, listings, text, photographs, video, messages, descriptions, or other information or content provided, expressed or made available by, or originating from, third parties (including brokers, agents and their clients), including any content or information accessed through links from the Services (collectively the “Third-Party Content”), is solely the responsibility and liability of such third party and not RealScout. You acknowledge that such Third-Party Content represents the opinions and judgments of the respective information providers or users, and RealScout does not approve, endorse, control, or adopt any Third Party Content and makes no representation or warranties of any kind regarding such Third Party Content, including without limitation regarding its accuracy, completeness, reliability, timeliness, or legality. You acknowledge and agree that RealScout is not responsible or liable in any manner for any Third Party Content, or any errors that may be contained therein, and undertakes no responsibility to update or review any Third Party Content. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk. Issues of data accuracy may be brought to the attention of RealScout by sending feedback but it is likely that such information accuracy cannot be corrected by RealScout and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the third party listing agent under our terms with the various multiple listing services (each an “MLS”) that we use.
- Third Party Products and Services. You may have been referred to RealScout through a third-party, or RealScout may introduce or refer you to third parties through the Services, such as real estate agents or brokers. In addition, RealScout may host profiles for agents or otherwise provide information about or links to third-party products or services in connection with the Services. Any referrals made or information or links provided by RealScout are for your convenience only. Regardless of whether the RealScout name or logo appears in connection therewith, RealScout does not endorse, recommend, or make any representations or warranties of any kind regarding any third parties or third party products, services, providers, promotions or vendors, including real estate agents or brokers, you connect with or learn about through the Services or that are listed on or linked to from the Services (collectively the “Third-Party Products and Services”). Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings or regarding any Third-Party Product and Services, are solely between you and such third party. RealScout is not responsible or liable in any manner for any Third-Party Products and Services, for any loss or damage of any sort incurred as the result thereof, or for your dealings or interactions with any third parties. Nor is RealScout responsible or liable for any viruses or other damage you might incur when using or linking to Third Party Products and Services.
- Hyperlinks. RealScout makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites, mobile sites or applications accessible through the Services, or linking to the Services. Such sites are not under the control of RealScout, and RealScout is not responsible for the contents of any such site or app or any link contained therein. RealScout provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by RealScout of any site or any information contained therein. When you click on a third-party link, you leave the Services, and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site or app to which you navigate from the Services.
- Equal Housing Opportunity. All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination." All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. The U.S. Department of Housing and Urban Development (“HUD”) has published guidelines for those who advertise homes for sale. You can report housing discrimination to HUD in a number of ways, including via phone at 1-800-669-7777 or via web form. HUD provides a number of resources for consumers and professionals relating to fair housing. This is a good place to start: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights. State governments and many local governments have similar laws prohibiting discrimination in housing. This excellent resource can help you find local fair housing enforcement agencies around the country: http://www.fairhousing.com/index.cfm?method=agency.search.
- Accuracy of Your Information. You agree to provide true, accurate, current, and complete information about yourself to RealScout. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, RealScout reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party or any obligation to refund any amounts paid.
- Registration and Account Restrictions. You agree not to: (i) create a false identity or impersonate another person or entity in any way; (ii) create an account for anyone other than yourself without permission; (iii) create more than one personal profile; (iv) create another account without RealScout’s express written permission, if RealScout previously disabled your account. You agree not to share your password, let anyone else access your account, transfer your account or do anything else that might jeopardize the security of your account.
- Consideration. You understand and agree that these Terms are entered into in consideration of your use of the Services and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
- Evolving Nature of the Services. The Services are subject to change at any time. RealScout reserves the right, at its sole discretion, to terminate, suspend, make changes to or modify the Services and its features and functionality, without notice. We continually strive to improve the Services but if you are at any time dissatisfied with the Services, then your sole remedy is to discontinue use of the Services. We do want to hear from our users so do not hesitate to send us an email at firstname.lastname@example.org to let us know what you think.
- Additional Terms. The Services may occasionally require that you agree to additional terms in order to use the Services, including those relating to Third Party Products and Services. Any terms required by RealScout for use of any portion of the Services offered by RealScout (but not those of any Third Party Products and Services) will, unless otherwise expressly stated in such terms, supersede these Terms in the event of a conflict only as to the content, functionality or features of the Services with respect to which those terms relate. Such additional terms (if any) (but not those of any Third Party Products and Services) are hereby incorporated into and made a part of these Terms by reference.
User Content and Conduct
“User Content” means any content or material that users post, upload or transmit to or through the Services including, without limitation, text, photos, video, graphics, music, sound, messages, materials, data, information, comments, messages, or any other items . You are solely responsible for all User Content you create, post, upload or transmit to the Services, and you agree that such User Content will not (i) infringe or violate the rights of any third party, (ii) violate any applicable law, rule or regulation, (iii) be unlawful, libelous, defamatory, obscene, pornographic, vulgar, indecent, lewd, sexually explicit, suggestive, violent, harassing, threatening, harmful, hateful, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable or (iv) contain any viruses, corrupted data or other harmful, disruptive or destructive files.
You agree, represent, and warrant that (i) any User Content you upload or transmit to the Services complies with these Terms and is truthful, accurate, not misleading, and offered in good faith, (ii) you have all rights, licenses, permissions, and authorizations necessary to upload or transmit the User Content to the Services and grant the rights to the User Content as set forth in these Terms, (iii) you will not upload or transmit any User Content to the Services where the rights have not been cleared for the Use (defined below) of such User Content on the Services, and (iv) the Use of such User Content in a manner consistent with these Terms will not infringe or violate the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity. We have the right, but not the obligation, to monitor, review, access, and remove any or all of your User Content from the Services at our sole discretion.
- License Grants. You retain ownership of any User Content you provide to the Services. If you post, upload, transmit or otherwise provide any User Content to or through the Services, you hereby grant RealScout a nonexclusive, unrestricted, perpetual, assignable, sublicensable, irrevocable, royalty-free, worldwide license to publish, reproduce, distribute, publicly display, market, promote, communicate to the public, make available, publicly perform, including on a through-to-the-audience basis, edit, adapt, translate, create derivative works from, and otherwise use and exploit (collectively, “Use”) such User Content, or any portion thereof, for any purpose and in any manner, media and formats now known or hereafter developed, including through Third Party Services and applications. You further grant RealScout a royalty-free license to Use your name, image, voice, likeness, and any photographs or artwork made available by or on your behalf to the Services in conjunction with advertising, marketing, or promoting your User Content, RealScout and/or the Services.
User Conduct. You agree not to, and not to assist others to:
- Upload or otherwise transmit to the Services any User Content that violates the User Content rules set forth in Section 4.a above or that contains a link to such material;
- Attempt to, or harass, abuse, bully, intimidate or harm or advocate or incite harassment, abuse, bullying, intimidation or harm of another person or group, including RealScout employees;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
- Solicit, collect or attempt to solicit or collect personal information from other users of the Services, or disclose personal information about a third person on the Services or obtained from the Services without the consent of such person, except as permitted in accordance with the Agent Agreement;
- Restrict, discourage or inhibit any person from using the Services,;
- Use the Services, without RealScout’s express written consent, for communicating or facilitating any commercial advertisement or solicitation, except as permitted in accordance with the Agent Agreement;
- Gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or website connected or linked to the Services;
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services;
- Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any part of the Services or any content on the Services, or features that enforce limitations on the use of the Services or any content on the Services;
- Use any scraper, spider, cheats, exploits, robots or other automated means of any kind to access, modify or interfere with the Services, or harvest or manipulate data, except and solely to the extent permitted by these Terms and the features of the Services, deep-link to any feature or content on the Services, bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Services;
- Crawl, scrape or download any property or other data for inclusion in another real estate search service, content aggregator, or for any other purpose not expressly permitted by these Terms;
- Interfere with or disrupt the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of such networks or servers;
- Post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms; and
- Engage in any activities in connection with the Services that violate any applicable law, rule or regulation.
- Enforcement of Rules. Enforcement of the user content and conduct rules set forth in these Terms is solely at RealScout’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules 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 or conduct that is prohibited by such rules.
Intellectual Property Rights
- Generally. The content made available on or through the Services, including without limitation, any text, software, graphics, designs, photos, sounds, music, videos and logos, may be protected by copyright or other intellectual property rights and owned by RealScout, third party licensors of RealScout or users of the Services. Except as explicitly permitted on the Services, no material made available on the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. Modification of materials obtained from the Services, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of RealScout or its licensors, unless you have obtained express written authorization to the contrary. All design rights, databases and compilations and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to RealScout or its licensors or users.
- Trademarks. REALSCOUT, the RealScout logo and any other RealScout product or service name, logo or slogan contained or used in connection with the Services are trademarks or service marks of RealScout and may not be copied, imitated or used, in whole or in part, without the prior written permission of RealScout. You may not use any metatags or any other "hidden text" utilizing "RealScout" or any other name, trademark or product or service name of RealScout without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of RealScout and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. 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.
- No Implied Rights. There are no implied licenses granted in these Terms.
- Feedback. You agree that RealScout shall acquire, and you hereby grant and otherwise transfer to RealScout, any and all right, title, and interest in and to any actual or suggested modifications, design changes, improvements, and other information regarding the features and performance of the Services you offer (“Feedback”) to RealScout, without the payment of additional consideration.
You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Services, at RealScout’s sole discretion. RealScout reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services.
The Services are not intended for children under the age of 18. By using the Services, you affirm that you are at least 18 years of age. If you are under the age of 18, you are not authorized to use or access the Services.
MLS Terms, Disclosures and Disclaimers
Information about individual properties is provided by many listing sources, including one or more multiple listing services. Listing information is deemed reliable but not guaranteed. By using the Site, you agree to the following terms and conditions:
- You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the ownership and validity of that MLS’s copyright to such data;
- Information provided through the Site may be used only for personal, non-commercial use and only use by a viewer with a bona fide interest in the purchase, sale or lease of real estate of the type being offered via the Site or other electronic means; and
- The viewer will not copy, redistribute or retransmit any of the data or information provided.
The “Days on RealScout” value is derived from the date the listing was first displayed on RealScout's Services, not from data in the MLS listing. The Site is offered by RealScout, Inc. located at 480 Ellis Street, Mountain View, CA 94043. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com.
The following disclaimers apply to listings only from that particular data source:
MLSListings Inc. (MLSLI): Property Information © 2014 MLSListings Inc. All rights reserved. Listing information is deemed reliable but not guaranteed. Certain information contained herein is derived from information which is the licensed property of, and copyrighted by, MLSListings Inc. The viewer acknowledges ownership and validity of its copyright. Information provided is for personal, non-commercial use by a viewer with a bona fide interest in the purchase or sale of real estate of the type being offered via this website or other electronic means. The viewer is prohibited from copying, redistributing or retransmitting any of the data or information provided by MLSListing, Inc.
Northwest Multiple Listing Service (NWMLS): Listing provided courtesy of Northwest MLS. The information contained in this listing has not been verified by RealScout or the MLS and should be verified by the buyer.
San Francisco Association of Realtors (SFARMLS): © 2014 San Francisco Association of Realtors. All rights reserved. Listings identified as belonging to another listing firm are based upon data obtained from the SFAR MLS, which data is copyrighted by the San Francisco Association of REALTORS©, but is not warranted. IDX information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Listing Broker has attempted to offer accurate data, but buyers are advised to confirm all data provided.
Bay Area Real Estate Information Services (BAREIS): Listing information is being provided by the BAREIS Inc., MLS. IDX information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.
East Bay Regional Data (EBRD): Bay East ©2014. CCAR ©2014. EBRDI ©2014. East Bay Information deemed reliable but not guaranteed. This information is being provided by the Bay East MLS or the CCAR MLS or the EBRDI MLS. The listings presented here may or may not be listed by the Broker/Agent operating this website.
You agree to indemnify, defend, and hold harmless RealScout, its parent, subsidiaries, affiliates, investors, employees, consultants, licensors and sublicensees , and their respective shareholders, directors, officers, employees, agents, representatives, contractors, licensors, suppliers and assigns, from and against all claims, suits, damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (1) your use or misuse of the Services; (2) your User Content; (3) your breach or alleged breach of any representations and warranties set forth in these terms; (4) your violation of these Terms; or (5) your conduct, including your violation of the rights of any other person or entity. Notwithstanding the foregoing, RealScout reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RealScout if RealScout, in its reasonable discretion, concludes that you are not adequately protecting RealScout’s interests or are incapable of protecting RealScout’s interests, and you agree to cooperate with RealScout’s defense of these claims. You agree not to settle any indemnified matter without the prior written consent from RealScout. RealScout will use reasonable efforts to notify you of any such claim, action or proceeding promptly after becoming aware of it.
- THE SERVICES, THE USER CONTENT, THE THIRD-PARTY CONTENT AND ANY THIRD-PARTY PRODUCTS AND SERVICES, ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN LISTINGS INCLUDING RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REALSCOUT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, SUPPLIERS, AND SUBLICENSEES (COLLECTIVELY THE “REALSCOUT PARTIES”) HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, THE USER CONTENT, THE THIRD-PARTY CONTENT AND THE THIRD-PARTY PRODUCTS AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR FROM REALSCOUT, OR AN EMPLOYEE OR REPRESENTATIVE OF REALSCOUT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE REALSCOUT PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY FEATURES OR CONTENT OFFERED ON THE SERVICES, WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEY DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES OR ANY ASSOCIATED SERVICES OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING WITHOUT LIMITATION YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability
IN NO EVENT WILL THE REALSCOUT PARTIES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (a) THE SERVICES AND THE USE, ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES; (b) ANY THIRD PARTY PRODUCTS AND SERVICES OR OTHER PRODUCTS ADVERTISED, PROMOTED OR DISPLAYED ON THE SERVICES; (c) ANY INCENTIVES OFFERED BY THIRD PARTIES THROUGH THE SERVICES; AND (d) CONTENT (INCLUDING WITHOUT LIMITATION USER CONTENT AND THIRD-PARTY CONTENT) MADE AVAILABLE THROUGH THE SERVICES, IN EACH INSTANCE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF ANY REALSCOUT PARTY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE REALSCOUT PARTIES BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE AMOUNT OF FEES; IF ANY, YOU HAVE PAID REALSCOUT FOR THE SERVICES IN THE 180 DAYS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
Limitations; Basis of Bargain
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND REALSCOUT, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND REALSCOUT, THE REALSCOUT PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT REALSCOUT WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
Term and Termination
- Term. These Terms, as amended, will be effective commencing with your first use or registration on the Services and will remain in full force and effect throughout your use of the Services.
- Termination by RealScout. RealScout may terminate your account and your use of the Services or any of our features or content at any time and for any reason, or no reason with or without notice, including for conduct violating these Terms or upon RealScout’s sole determination. You hereby agree to RealScout’s broad right of termination. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. Upon RealScout’s termination of your use of the Services, RealScout may, but shall not be required to, delete any of your User Content available on or through the Services, without any liability to you.
- Termination by You. You are free to terminate your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If you wish to terminate your account, you may do so by sending an e-mail to firstname.lastname@example.org mailto:privacy@RealScout.comor using any other account termination functionality that may be offered on or through the Services.
Jurisdictional Issues; Governing Law; Arbitration
The Site is controlled and operated by RealScout from its offices within the State of California. RealScout makes no representation that materials accessed on or through the Services are appropriate or available for use in other locations. Those who choose to access or use the Services from other locations, including from outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited. This Agreement will be governed by the laws of the State of California, without reference to its conflict of law principles.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH REALSCOUT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM REALSCOUT.
You and RealScout agree to arbitrate any dispute arising from these Terms or your use of or inability to use the Services, except that you and RealScout are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents (other than User Content). ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and RealScout further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in San Francisco, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Santa Clara county and California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this agreement and the laws of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and RealScout will not commence any class action, class arbitration or other representative action or proceeding arising from or relating to these Terms or your use of or inability to use the Services.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of RealScout to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. These Terms, and any rights and obligations granted hereunder, may not be transferred or assigned by you without the prior written consent of RealScout, but may be assigned by RealScout without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
- Survival. Sections 1.b, 1.c, 1.d, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 will survive any expiration or termination of these Terms.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- Disclosures. The Site is offered by RealScout, Inc. located at RealScout, Inc., 480 Ellis Street, Mountain View, CA 94043. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
- Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, RealScout has adopted a policy of terminating, in appropriate circumstances and at RealScout 's sole discretion, subscribers or account holders who are deemed to be repeat infringers. RealScout may also at its sole discretion limit or disable access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Complaints. If you believe that anything on the Services infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification
of Claimed Infringement: Andrew Flachner
Address of Designated Agent to Which Notification
Should be Sent: 480 Ellis St, Mountain View, CA 94043
Telephone Number of Designated Agent: (650) 397-6500
E-Mail Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.