2. License and Use Restrictions
2.4 You agree to keep confidential the log-in password(s) associated with accessing the Site.
2.5 No portion of the Site may be reproduced, duplicated or copied without the express written consent of RPR. You may not reverse engineer or decompile any of the software or algorithms available on the Site. This license does not include the right to grant access, directly or indirectly, to any third party.
2.6 Systematic retrieval of information from the Site is expressly prohibited. RPR reserves the right to implement limitations on the amount of information that can be provided to you.
2.7 The Licensed Materials shall not be used for any purpose covered by the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) (“FCRA”), Federal Trade Commission interpretations of the FCRA, or similar state statutes.
3.1 RPR warrants that the Licensed Materials will be as current and complete as may be reasonably achieved using the source data licensed by RPR in the ordinary course of its business. You understand and agree that: (a) your use of the Site is at your own risk; (b) availability, completeness and format of data elements varies from county to county; and (c) the presence of specific data content does not necessarily ensure completeness or accuracy of such data. You may notify RPR of purported errors in the Licensed Materials, and, in response, RPR will research such matter(s) and, if possible, correct the Licensed Materials.
3.2 Any home valuation provided via the Site has not been prepared, evaluated, or reviewed by a licensed, professional appraiser. The valuations are generated by use of proprietary computer software that assembles publicly available property records and certain proprietary data to arrive at an approximate estimate of home valuation and they should not be relied upon as an appraisal report of the market value of the subject property prepared by a licensed professional appraiser.
3.3 EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE LICENSED MATERIALS AND THE MEDIUM ON WHICH THEY ARE PROVIDED TO YOU ARE PROVIDED ON AN “AS IS”, AS AVAILABLE BASIS, AND RPR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS AND THE MEDIUM ON WHICH THEY ARE PROVIDED TO YOU, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RPR OR ANY OF ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES TO YOU PROVIDED HEREIN.
4. Limitation of Liability/Indemnification
5. Intellectual Property
5.1 RPR is a trademark of Realtors Property Resource®, LLC. RPR owns all right and title, including any applicable copyright, to the arrangement of the content on the Site.
5.3 RPR permits you to use its name, logo, links, and brand only in conjunction with the products and services that are provided to you as an authorized user of RPR. You may not alter or remove these marks from any Licensed Materials.
5.4 RPR has agreements with third party licensors that may require the display of the licensors’ brand marks or copyright notices on certain content. You may not alter or remove these marks from any Licensed Materials.
5.5 Bing Maps, Virtual Earth, and MapPoint imagery is provided by Microsoft Corporation and its use on the Site is subject to the Microsoft MapPoint End User Agreement and Privacy Statement.
6. Privacy and Data Collection
7. User Generated Content
RPR may grant you the ability to revise information related to properties displayed on the Site (User Generated Content). By posting User Generated Content to the Site, you grant RPR, its parent, subsidiaries, affiliates, and third-party licensees a nonexclusive, perpetual, irrevocable, sub-licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate, and create derivative works of the User Generated Content for any purpose in any form, medium, or technology now known or later developed. The provisions of this Section 7 are intended to apply only to User Generated Content and not to information provided through the Multiple Listing Service in which you participate. That information is governed by a separate agreement between the Multiple Listing Service and RPR. RPR is not responsible and cannot be held liable for any User Generated Content.
9.2 The provision of Section 9.1 will not prohibit either party from instituting and action for or obtaining an equitable remedy.
12. Injunctive Relief
13.3 The Site is controlled by or on behalf of RPR within the United States of America and RPR makes no representation that the material and information on the Site are appropriate or available for use in other locations, and access to them from territories where such material and information is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
14. DMCA disclaimer
If you contend that any aspect of the Site infringes on your copyright, pursuant to the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code 512, notice of any claimed copyright infringement should include the following information:
· A description of the copyrighted work that you claim has been infringed;
· A description of where the material that you claim is infringing is located on the Site;
· Your address, telephone number and email address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
The notice should be sent to the RPR Copyright Agent:
Carol Almashy, Copyright Agent
Realtors Property Resource, LLC
430 N. Michigan Ave., 11th Fl.
Chicago, IL 60611
Tel./Fax (888) 914-7771