Terms of Use

Overview

Last Updated: December 1, 2014

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.

Welcome and thank you for your interest in RealScout, Inc. (“RealScout,” “we” or “us”). The following Terms of Use, and any additional terms and policies incorporated by reference herein (collectively, the “Terms”), govern your access and use of the website located at www.RealScout.com and all other web sites, mobile sites, applications, widgets, tools, and other services provided by us which a link to these Terms Policy is displayed (collectively the “Sites”), as well as the content, features and services available on or through the Sites (collectively, together with the Sites, the “Services”). The terms “you” and “your” refer to the user using or visiting the Services.

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.

  1. 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.
  2. Registration
    • Log In Credentials. In order to use certain features of the Services, you may have to register for an account on the Services. When registering, you may be required to provide RealScout with certain personal information, which may include your name, mailing address, and email address. See RealScout’s Privacy Policy for information on how this information will be used. You are responsible for maintaining the confidentiality of your log-in credentials in order to use the Services, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify RealScout immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. RealScout will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying RealScout of such unauthorized use or loss of your credentials.
    • 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.
  3. General
    • 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.
    • Changes to these Terms. To the full extent permitted by applicable law, RealScout reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy or guideline applicable to the Services, at any time and in its sole discretion by providing notice in accordance with this paragraph that the Terms have been modified. Such notice may be provided by sending an email, by posting a notice on the Site, by posting the revised Terms and revising the date at the top of these Terms or by such other form of notice as determined by RealScout. Your continued use of the Services following the posting of the revised Terms or other notice of such changes will constitute your acceptance of such changes or modifications. Otherwise, any changes or modification will be effective within thirty (30) days of the posting of the revisions on the Services unless you notify RealScout within such thirty (30) day period that you do not agree to the changes and you stop using the Services. Therefore, you should review these Terms of Use frequently to make sure that you understand the terms and conditions that will apply to your use of the Services. Notwithstanding the preceding sentences of this Section, no revisions to these Terms will apply to any dispute between you and RealScout that arose prior to the date of such revision.
    • 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 feedback@realscout.com 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.
  4. User Content and Conduct
    • User Content.

      “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. 
  5. 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.
  6. Service Security

    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.

  7. Children

    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.

  8. 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 144 South Whisman Drive, Ste F, Mountain View CA 94041. You may contact us by sending correspondence to the foregoing address or by emailing us at feedback@realscout.com.

    The following disclaimers apply to listings only from that particular data source:

    AAAMLS The information is being provided by Ann Arbor Area Board of REALTORS®. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. © 2017 Ann Arbor Area Board of REALTORS®. All Rights Reserved.

    AARMLS ©2017 Amarillo Association of REALTORS®. Information is deemed to be reliable, but is not guaranteed. All rights reserved.

    BAREIS Copyright 2017, Bay Area Real Estate Information Services, Inc. All Rights Reserved.

    BAYEAST © 2017 Bay East. All rights reserved. Information deemed reliable but not guaranteed. This information is provided from three separate sources: Bay East, CCAR and EBRD. Information being provided is 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. The listings presented here may or may not be listed by the Broker/Agent operating this website. Information update every 30 minutes.

    BEAR The data relating to real estate for sale displayed on this Website comes in part from the Multiple Listing Service of the Bonita Springs-Estero Association of REALTORS®, Inc. Properties displayed on this Website include properties listed with brokerage firms other than the brokerage providing this Website. Detailed information about such properties includes the name of the brokerage firm with which the seller has listed the property. The properties displayed may not be all the properties listed with brokerage firms participating in the Bonita Springs-Estero Association of REALTORS® Multiple Listing Service, or contained in the database compilation of the Bonita Springs-Estero Association of REALTORS® Multiple Listing Service.

    BMAR Copyright Bronx-Manhattan North Association of Realtors. All rights reserved. Information is deemed reliable but not guaranteed.

    CAAR ©2017 Charlottesville Area Association of REALTORS®. All rights reserved. Information is deemed reliable but not guaranteed.

    CCAR © 2017 CCAR. All rights reserved. Information deemed reliable but not guaranteed. This information is provided from three separate sources: Bay East, CCAR and EBRD. Information being provided is 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. The listings presented here may or may not be listed by the Broker/Agent operating this website. Information update every 30 minutes.

    CLAW Based on information from CLAW and/or CARETS as of Oct 17, 2017 at 10:25AM. The information being provided by CLAW and/or CARETS is for the visitor's personal, noncommercial use and may not be used for any purpose other than to identify prospective properties visitor may be interested in purchasing. The data contained herein is copyrighted by CARETS, CLAW, CRISNet MLS, i-Tech MLS, PSRMLS and/or VCRDS and is protected by all applicable copyright laws. Any dissemination of this information is in violation of copyright laws and is strictly prohibited. Any property information referenced on this website comes from the Internet Data Exchange (IDX) program of CLAW and/or CARETS. All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by broker or MLS. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information.

    CMLS The data relating to real estate on this website derive in part from the Internet Data Exchange program. Brokers make an effort to deliver accurate information, but buyers should independently verify any information on which they will rely in a transaction. All properties are subject to prior sale, change or withdrawal. Neither RealScout nor any listing broker shall be responsible for any typographical errors, misinformation, or misprints, and they shall be held totally harmless from any damages arising from reliance upon this data. This data is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties they may be interested in purchasing. © 2017 Carolina Multiple Listing Services, Inc.

    CRMLS The information being provided by California Regional Multiple Listing Service, Inc. (“CRMLS”) is for your personal, non-commercial use and may not be used for any purpose other than to identify prospective properties you may be interested in purchasing. Any information relating to a property referenced on this web site comes from CRMLS. This web site may reference real estate listing(s) held by a brokerage firm other than the broker and/or agent who owns this website. The accuracy of all information is deemed reliable but not guaranteed and should be personally verified through personal inspection by and/or with the appropriate professionals. The data contained herein is copyrighted by CRMLS and is protected by all applicable copyright laws. Any dissemination of this information is in violation of copyright laws and is strictly prohibited. Information from sources other than the Listing Agent may have been included in the MLS data.

    CVRMLS Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. All or a portion of the multiple Listing information is provided by the Central Virginia Regional Multiple Listing Service, LLC, from a copyrighted compilation of Listings. All CVRMLS information provided is deemed reliable but is not guaranteed accurate. The compilation of Listings and each individual Listing are Copyright 2017 Central Virginia Regional Multiple Listing Service, LLC. All rights reserved.

    DBAAR The information is being provided by Daytona Multiple Listing Service. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. Copyright 2017 Daytona Multiple Listing Service. All Rights Reserved.

    EBRDI © 2017 EBRD. All rights reserved. Information deemed reliable but not guaranteed. This information is provided from three separate sources: Bay East, CCAR and EBRD. Information being provided is 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. The listings presented here may or may not be listed by the Broker/Agent operating this website. Information update every 30 minutes.

    GRW Information provided by the Greenwich Multiple Listing Service, Inc. © 2017. Any information relating to a property, regardless of source, including but not limited to square footage, lot sizes, price, or status is deemed reliable but not guaranteed and should be personally verified through personal inspection and/or with the appropriate professionals.

    GSMLS The data relating to real estate for sale on this website comes in part from the IDX Program of Garden State Multiple Listing Service, L.L.C. Real estate listings held by other brokerage firms are marked as IDX Listing. The dissemination of listings on this website does not constitute the consent required by N.J.A.C. 11:5.6.1 (n) for the advertisement of listings exclusively for sale by another broker. Any such consent must be obtained in writing from the listing broker. Information deemed reliable but not guaranteed. This information is being provided 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. © 2017 Garden State Multiple Listing Service, L.L.C. All rights reserved.

    HARMLS Copyright © 2017, Houston Realtors Information Service, Inc. All information provided is deemed reliable but is not guaranteed and should be independently verified.

    HCAR The information from this search is provided by the High Country Multiple Listing Service. Please be aware that not all listings produced from this search will be of this real estate company. All information is deemed reliable, but not guaranteed. Please verify all property information before entering into a purchase. Copyright 2017 Multiple Listing Service of the High Country Association of REALTORS®, Inc. All rights reserved.

    HCMLS The information is being provided by Hudson County MLS. Information deemed reliable but not guaranteed. Information is provided for consumers personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. Copyright 2017 Hudson County MLS. All Rights Reserved.

    HGMLS Copyright 2017 Hudson Gateway Multiple Listing Service, Inc. All rights reserved. The data relating to real estate for sale or lease on this web site comes in part from HGMLS. Real estate listings held by brokerage firms other than the brokerage providing this website are marked with the HGMLS logo or an abbreviated logo and detailed information about them includes the name of the listing broker. The information appearing herein has not been verified by the Hudson Gateway Multiple Listing Service, Inc. or by the Westchester County Board of Realtors, Inc. or the Putnam County Association of Realtors, Inc. or by any individual(s) who may be affiliated with said entities, all of whom hereby collectively and severally disclaim any and all responsibility for the accuracy for the information appearing at this web site, at any time or from time to time. All such information should be independently verified by the recipient of such data. This data is not warranted for any purpose.

    IRES Information source: Information and Real Estate Services, LLC. Provided for limited non-commercial use only under IRES Rules. © Copyright IRES. Listing information 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.

    IVBOR ©2017 Incline Village Board of REALTORS®. All rights reserved. Information is deemed reliable but not guaranteed.

    METROLIST All measurements and all calculations of area are approximate. Information provided by Seller/Other sources, not verified by Broker. All interested persons should independently verify accuracy of information. Provided properties may or may not be listed by the office/agent presenting the information. Copyright 2017 MetroList Services, Inc. Information being provided by Metrolist Services, Inc. is 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.

    MFRMLS The information being provided by MFRMLS is for the consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties the consumer may be interested in purchasing. Any information relating to real estate for sale referenced on this web site comes from the Internet Data Exchange (IDX) program of MFRMLS. Real estate listings held by brokerage firms other than this site owner are marked with the IDX/MLS logo. Information deemed reliable but is not guaranteed accurate by MFRMLS.

    MHMLS The data relating to real estate for sale or rent on this web site comes from the IDX program of the Mid Hudson Multiple Listing Service, LLC. IDX information is provided exclusively for consumers' personal, non-commercial use, that it may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Information deemed reliable but not guaranteed and should be verified.

    MIAMLS The data relating to real estate for sale on this web site comes from the participating brokers of the Marco Island Area Association of REALTORS® Multiple Information Service. Any use of search facilities of data on the site, other than a consumer looking to purchase real estate, is prohibited. Information displayed on this web site is Deemed Reliable But Not Guaranteed. Copyright 2017 Marco Island Area Association of REALTORS®. All rights reserved.

    MIREALSOURCE Originating MLS: MIREALSOURCE Provided through IDX via MiRealSource. Courtesy of MiRealSource Shareholder. Copyright MiRealSource. The information published and disseminated by MiRealSource is communicated verbatim, without change by MiRealSource, as filed with MiRealSource it by its members. The accuracy of all information, regardless of source, is not guaranteed or warranted. All information should be independently verified. Copyright 2017 MiRealSource. All rights reserved. The information provided hereby constitutes proprietary information of MiRealSource, Inc. and its shareholders, affiliates and licensees and may not be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, scanning or any information storage or retrieval system, without written permission from MiRealSource, Inc. Provided through IDX via MiRealSource, as the 'Source MLS', courtesy of the Originating MLS shown on the property listing, as the Originating MLS. The information published and disseminated by the Originating MLS is communicated verbatim, without change by the Originating MLS, as filed with it by its members. The accuracty of all information, regardless of source, is not guaranteed or warranted. All information should be independently verified. Copyright 2017 MiRealSource. All rights reserved. The information provided hereby constitutes proprietary information of MiRealSource, Inc. and its shareholders, affiliates and licensees and may not be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, scanning or information storage and retrieval system, without written permission from MiRealSource, Inc.

    MLSLI The source of the displayed data is either the property owner or public record provided by non-governmental third parties. It is believed to be reliable but not guaranteed. This information is provided exclusively for consumers’ personal, non-commercial use. The data relating to real estate for sale on this web site comes in part from the Broker Reciprocity Program of the Multiple Listing Service of Long Island, Inc. Information Copyright 2017, Multiple Listing Service of Long Island, Inc. All Rights Reserved.

    MLSLISTINGS © 2017 MLS Listings Inc. All rights reserved. The data relating to real estate for sale on this website comes in part from the Internet Data Exchange program of the MLS Listings Inc. MLS system. The broker providing this data believes the data to be correct, but advises interested parties to confirm all information before relying on it for a purchase decision. The information being provided is 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. MLS Data hosted on RealScout.com

    MLSPIN The property listing data and information set forth herein were provided to MLS Property Information Network, Inc. from third party sources, including sellers, lessors and public records, and were compiled by MLS Property Information Network, Inc. The property listing data and information are for the personal, non commercial use of consumers having a good faith interest in purchasing or leasing listed properties of the type displayed to them and may not be used for any purpose other than to identify prospective properties which such consumers may have a good faith interest in purchasing or leasing. MLS Property Information Network, Inc. and its subscribers disclaim any and all representations and warranties as to the accuracy of the property listing data and information set forth herein.

    MOMLS The information is being provided by Monmouth-Ocean MLS. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. © 2017 Monmouth-Ocean MLS. All Rights Reserved.

    MRED Copyright 2017 Midwest Real Estate Data LLC. All rights reserved. The data relating to real estate for sale on this web site comes in part from the Broker Reciprocity Program of the Midwest Real Estate Data LLC. Listing information is deemed reliable but not guaranteed.

    NAPLESMLS The source of the information about real property available for sale or rent is the copyrighted and proprietary database of the M.L.S. of Naples, Inc. © 2017 M.L.S. of Naples, Inc.; all rights reserved.

    NCRMLS Copyright © 2017 NCRMLS/Cape Fear Realtors MLS, Inc. All rights reserved. All information provided by the listing agent/broker is deemed reliable but is not guaranteed and should be independently verified. Information being provided is 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.

    NGLRMLS Information is provided by Northern Great Lakes Realtors® MLS, LLC. Information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Listing(s) 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. Copyright © 2017 Northern Great Lakes Realtors® MLS, LLC. All rights reserved.

    NNRMLS The information provided by Northern Nevada Regional MLS is for the consumer’s personal, non-commercial use and may not be used for any purpose other than to identify prospective properties the consumer may be interested in purchasing. Any information contained herein is derived from the licensed property of and copyrighted by NNRMLS. Information is deemed reliable but is not guaranteed. © 2017 Northern Nevada Regional MLS. All rights reserved.

    NSBMLS Copyright 2017 New Smyrna Beach Board of REALTORS®. All rights reserved.The data relating to real estate for sale/lease on this web site comes in part from the New Smyrna Beach Board of REALTORS® Multiple Listing Service (MLS) in which this real estate firm (Broker) participates. The properties displayed may not be all of the properties in the MLS's database, or all of the properties listed with the Brokers participating in the cooperative data exchange program. Properties listed by Brokers other than this Broker are marked with the MLS IDX logo. Information provided is thought to be reliable but is not guaranteed to be accurate; you are advised to verify facts that are important to you. No warranties, expressed or implied, are provided for the data herein or for their use or interpretation by the user. Federal law prohibits discrimination on the basis of race, color, sex, religion, handicap, familial status or national origin in the sale, rental or financing of housing.

    NWMLS This 'Three Trees' icon indicates a listing provided courtesy of NWMLS. To submit a request for a takedown notice per the Digital Millennium Copyright Act (the 'DMCA') for any NWMLS listings please see this notice and follow the instructions provided.

    PPMLS The real estate listing information and related content displayed on this site 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. This information and related content is deemed reliable but is not guaranteed accurate by the Pikes Peak REALTOR® Services Corp.

    RAGFL The multiple listing information is provided by Ft. Lauderdale MLS. Copyright © 2017 Ft. Lauderdale MLS. All Rights Reserved. Information deemed reliable but not guaranteed accurate. This information should be independently verified if any person intends to engage in a transaction in reliance upon it. The information provided is 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. Some or all of the listings displayed may not belong to the firm whose web site is being visited.

    RAMAUI The information is being provided by REALTORS® Association of Maui, Inc. Multiple Listing Service. Information deemed reliable but not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. Copyright 2017 REALTORS® Association of Maui, Inc. Multiple Listing Service. All Rights Reserved.

    RAMC The data relating to real estate for sale on this web site comes in part from a cooperative data exchange program of the Realtor Association of Martin County, Inc. MLS. Real estate listings held by brokerage firms other than Redfin are marked with the IDX logo (Broker Reciprocity) or name and detailed information about such listings includes the name of the listing brokers. Data provided is deemed reliable but is not guaranteed. Information is provided for consumers' personal, non-commercial use, and may not be used for any purpose other than the identification of potential properties for purchase. Copyright 2017 Realtor Association of Martin County, Inc. MLS. All Rights Reserved.

    REALCOMP The accuracy of all information, regardless of source, is not guaranteed or warranted. All information should be independently verified. Any use of search facilities of data on the site, other than by a consumer looking to purchase real estate, is prohibited. IDX provided courtesy of Realcomp II Ltd., REALCOMP, Copyright 2017 Realcomp II Ltd. Shareholders. REALTOR (R) licensed in the state of Michigan.

    RECOLORADO The content relating to real estate for sale in this Website comes in part from the Internet Data eXchange (IDX) program of METROLIST, INC., DBA RECOLORADO®. Real estate listings held by brokers other than the brokerage providing this website are marked with the IDX Logo. This information is being provided for the consumers’ personal, non-commercial use and may not be used for any other purpose. All information subject to change and should be independently verified. 1. This publication is designed to provide information regarding the subject matter covered. It is displayed with the understanding that the publisher and authors are not engaged in rendering real estate, legal, accounting, tax, or other professional services and that the publisher and authors are not offering such advice in this publication. If real estate, legal, or other expert assistance is required, the services of a competent, professional person should be sought. 2. The information contained in this publication is subject to change without notice. METROLIST, INC., DBA RECOLORADO MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THIS MATERIAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. METROLIST, INC., DBA RECOLORADO SHALL NOT BE LIABLE FOR ERRORS CONTAINED HEREIN OR FOR ANY DAMAGES IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OR USE OF THIS MATERIAL. 3. PUBLISHER’S NOTICE: All real estate advertised herein is subject to the Federal Fair Housing Act and the Colorado Fair Housing Act, which Acts make it illegal to make or publish any advertisement that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 4. METROLIST, INC., DBA RECOLORADO will not knowingly accept any advertising for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. 5. © 2017 METROLIST, INC., DBA RECOLORADO® – All Rights Reserved 6455 S. Yosemite St., Suite 500 Greenwood Village, CO 80111 USA 6. ALL RIGHTS RESERVED WORLDWIDE. No part of this publication may be reproduced, adapted, translated, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. The information contained herein including but not limited to all text, photographs, digital images, virtual tours, may be seeded and monitored for protection and tracking.

    RMLS The content relating to real estate for sale on this web site comes in part from the IDX program of the RMLS of Portland, Oregon. Real estate listings held by brokerage firms other than the brokerage providing this website are marked with the RMLS logo, and detailed information about these properties includes the names of the listing brokers. All information provided is deemed reliable but is not guaranteed and should be independently verified. Listing content is copyright © 2017 RMLS, Portland, Oregon.

    SANCAPMLS ©2017 Sanibel & Captiva Islands Association of REALTORS®. All rights reserved.

    SANDICOR This information is deemed reliable but not guaranteed. You should rely on this information only to decide whether or not to further investigate a particular property. BEFORE MAKING ANY OTHER DECISION, YOU SHOULD PERSONALLY INVESTIGATE THE FACTS (e.g. square footage and lot size) with the assistance of an appropriate professional. You may use this information only to identify properties you may be interested in investigating further. All uses except for personal, non-commercial use in accordance with the foregoing purpose are prohibited. Redistribution or copying of this information, any photographs or video tours is strictly prohibited. This information is derived from the Internet Data Exchange (IDX) service provided by Sandicor®. Displayed property listings may be held by a brokerage firm other than the broker and/or agent responsible for this display. The information and any photographs and video tours and the compilation from which they are derived is protected by copyright. Compilation © 2017 Sandicor®, Inc.

    SCMLS Copyright © 2017 Sullivan County Board of Realtors. All rights reserved. All information provided by the listing agent/broker is deemed reliable but is not guaranteed and should be independently verified. Information being provided is 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.

    SFAR All data subject to ERRORS, OMISSIONS, or REVISIONS and is NOT WARRANTED. - Copyright: 2017 by San Francisco Assoc of REALTORS® Equal Opportunity Housing * All information deemed reliable, but not guaranteed.

    SMARTMLS ©2017 SMARTMLS. All rights reserved.

    STAR © Copyright South Tahoe Association of Realtors. All rights reserved.

    SWFLGC The data relating to real estate for sale on this website comes in part from the Florida Gulf Coast MLS. The information being provided is 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. Information deemed reliable but not guaranteed. ©2017 Florida Gulf Coast Multiple Listing Service, Inc. All rights reserved.

    TRIANGLE © 2017 Triangle MLS, Inc. of North Carolina. All rights reserved. The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange™ Program of the Triangle MLS, Inc. of Cary. Real estate listings held by brokerage firms other than the brokerage providing this website are marked with the Internet Data Exchange logo or the Internet Data Exchange™ thumbnail logo (the TMLS logo) and detailed information about them includes the name of the listing firms. Listings marked with an icon are provided courtesy of the Triangle MLS, Inc. of North Carolina, Internet Data Exchange Database. Listing firm has attempted to offer accurate data, but the Information is Not Guaranteed and buyers are advised to confirm all items.

    TSMLS The information being provided is for consumers' personal, non-commercial use and may not be used for any other purpose other than to identify prospective properties consumers may be interested in purchasing. Information deemed reliable but not guaranteed. © Copyright Tahoe Sierra Multiple Listing Service. All rights reserved.

    ULSTER The data on this website relating to real estate comes from the (IDX) of the Multiple Listing Service of Ulster County. Real estate listings of brokerage firms other than the brokerage providing this site are marked with the IDX logo and the detailed information about them includes the listing broker's name. This 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. All information provided is deemed reliable but is not guaranteed and should be independently verified. Copyright © 2017 by the Multiple Listing Service of Ulster County and Ulster County Board of Realtors. All rights reserved.

    WNCMLS The data relating to real estate on this website derive in part from the Internet Data Exchange program. Brokers make an effort to deliver accurate information, but buyers should independently verify any information on which they will rely in a transaction. All properties are subject to prior sale, change or withdrawal. Neither RealScout nor any listing broker shall be responsible for any typographical errors, misinformation, or misprints, and they shall be held totally harmless from any damages arising from reliance upon this data. This data is provided exclusively for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties they may be interested in purchasing. © 2017 NCMMLS

  9. Indemnity

    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.

  10. Disclaimers
    • 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.
  11. 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.

  12. 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.

  13. 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 feedback@realscout.com mailto:privacy@RealScout.comor using any other account termination functionality that may be offered on or through the Services.
  14. Privacy

    Please refer to RealScout’s Privacy Policy for information on how Real Scout collects, uses and discloses personally identifiable information from its users.

  15. 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.

  16. Arbitration

    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.

  17. Miscellaneous
    • 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.
    • No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RealScout as a result of these Terms of Use of the Site. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and RealScout other than pursuant to these Terms.
    • 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., 144 South Whisman Drive, Ste F, Mountain View, CA 94041. You may contact us by sending correspondence to the foregoing address or by emailing us at feedback@realscout.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.
  18. 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: 144 South Whisman Drive, Ste F, Mountain View CA 94041
      Telephone Number of Designated Agent: (650) 397-6500
      E-Mail Address of Designated Agent: dmca@realscout.com

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.