Terms of Use

1.   Introduction

Welcome to the Realtors Property Resource®, LLC (“RPR”) website ("Site"). Please read these terms of use carefully before accessing any part of the Site.

Your access to, and use of the Site, including the materials and information accessible on and from the Site, constitutes your agreement with and acknowledgment of these terms of use ("Terms of Use") including RPR’s Privacy Policy (http://www.narrpr.com/privacy) as may be amended from time to time by RPR without notice. If you do not agree with these Terms of Use, you are not permitted to access or otherwise use the Site.  Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you must discontinue using the Site.

2.   License and Use Restrictions

 

2.1  Subject to the terms and conditions of this Terms of Use, and as a REALTOR® or REALTOR-ASSOCIATE® (as each is defined under the NAR Constitution) in good standing with the National Association of Realtors® ("NAR"), RPR hereby grants to you a non-exclusive, non-transferable, limited license to access and make use of the Site and the data available to you ("Licensed Materials") in order to market your personal services to your clients and prospective clients, and facilitate your respective real property transactions.

 

2.2  RPR’s grant of license under Section 2.1 is expressly conditioned on your assurance that you will not offer or provide products containing any Licensed Materials or information derived therefrom to the general public or others for sale or otherwise including via unrestricted access to any Website, newsletter, advertisement, or other communication. Rather, you will only make the Licensed Materials or information derived therefrom available in a manner consistent with your level of access pursuant to the RPR Authorized Website User Access Policy  on the condition that (a) all use of the Licensed Materials and all products and materials derived therefrom is on an “AS IS”, “AS AVAILABLE” basis; (b) RPR and its licensors shall not be liable for any claim or loss resulting from the content of, errors or omissions in, or the end user’s use of the information contained in or retrieved from the Licensee Materials; and (c) any use of the Licensed Materials is subject to these Terms of Use.

 

2.3  Use of the Licensed Materials in products or services designed or sold for any purpose other than expressly specified in Section 2.1 is specifically excluded from the license granted in these Terms of Use and requires the prior written consent of RPR. The rights granted under these Terms of Use specifically exclude the right to: (a) directly or indirectly, sell, distribute, sublicense, create marketing/lead generation lists, or make derivative works of any of the Licensed Materials, or any portion thereof, in bulk to any person or entity without the prior written consent of RPR; and (b) provide the Licensed Materials to any party for commercial resale or for any purpose other than such party's internal use.

 

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.   Warranties

 

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

 

4.1  Except as otherwise expressly set forth in this Terms of Use, RPR, any company affiliated with RPR, or any officer, director, employee, agent, subcontractor, successor or assign of RPR or any such company shall not be liable to you for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) error or omissions in Licensed Materials, (b) use of Licensed Materials by you or any party receiving any Licensed Materials from you directly or indirectly or (c) the content of Licensed Materials as provided by RPR through the Site and under this Terms of Use.

 

4.2  RPR's entire liability and your exclusive remedy with respect to any dispute with RPR (including without limitation your use of the Licensed Materials) is to discontinue your use of the Site. To the fullest extent allowed by applicable law, you hereby waive, disclaim and release RPR, its parent NAR, any subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, and assigns, from all claims of any kind (specifically including any and all claims for actual, direct, indirect, incidental, consequential, punitive or exemplary damages, attorneys' fees and costs, or claims for interest, even if RPR is advised of the possibility of such damages), related to, in connection with or arising from, directly or indirectly, your access to (or inability to access) the Site or the use of any material or information contained on or provided through the Site and under this Terms of Use.

 

4.3  You agree to defend, indemnify and hold harmless RPR, its licensors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Licensed Materials in violation of these Terms of Use. RPR reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such event, shall you have no further obligation to provide indemnification for RPR in that matter.

 

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.

 

5.2  You acknowledge that RPR has expended considerable time, effort and funds to compile Licensed Materials. Title to Licensed Materials shall at all times remain in RPR, including its licensors, and you shall have no rights therein except as provided in these Terms of Use.

 

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

 

You shall comply with the Privacy Policy on the RPR Site and all applicable privacy and information security laws including, but not limited to, security breach notification laws. Browser cookies, including third-party cookies, are required to access the Site. As a result of using the Site, RPR may collect usage data from you in accordance with the Privacy Policy and may use such data for internal purposes and for incorporation into RPR’s products and services.

 

7. User Generated Content

 

You have 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.

 

8. Termination

 

RPR may restrict, suspend, or terminate your access to the Site at any time, including, without limitation, (a) immediately upon notice to you in the event that you fail to remain in good standing with NAR or are no longer a participant or subscriber of a cooperating MLS; (b) immediately upon notice to you in the event that you are using the Licensed Materials (or any portion thereof) in any way other than as expressly permitted by this Terms of Use; or (c) immediately upon notice to you in the event that you breach this Terms of Use.

 

9. Arbitration

 

9.1  The parties will attempt to settle any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, through friendly consultation between the parties. If within thirty (30) days from the initial receipt by the allegedly offending party of notice of the controversy, claim or breach (the “Consultation period”) settlement cannot be reached, the controversy or claim will be settled by binding arbitration conducted before a single arbitrator who is knowledgeable in commercial law and laws and practices regarding information/database licensing. The arbitration will be conducted in accordance with the then applicable Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party will bear its own costs and expenses, including fees and expenses of counsel, associated with the arbitration. The arbitrator will not be empowered to award punitive damages except for willful misconduct.

 

9.2  The provision of Section 9.1 will not prohibit either party from instituting and action for or obtaining an equitable remedy.

 

10.  Confidentiality

 

If you use the Site, and subject to the authorized uses set forth in Section 2.1 these Terms of Use, you shall be responsible for maintaining the confidentiality of such Licensed Materials.

 

11. Updates and Revisions to Terms of Use and Site

 

RPR reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice to you. You agree that RPR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. In addition, RPR may update and/or revise these Terms of Use at any time, and from time to time, with or without notice to you, and you agree to be bound by such updates, modifications and/or revisions. Updates and revisions will be incorporated from time to time into these Terms of Use, and you are responsible and agree to review these Terms of Use from time to time to ensure compliance if you continue to use the Site after such Terms of Use have been updated. To the extent notices are issued, you agree to accept notices electronically.

 

12. Injunctive Relief

 

You acknowledge that any use of the Licensed Materials which is not in accordance with the terms of these Terms of Use or any violation of the restrictions imposed on its use of the Licensed Materials would cause irreparable harm to RPR for which there would be no adequate remedy at law.  Accordingly, you agree that in the event of any such violation, RPR shall be entitled to immediate injunctive relief (temporary, preliminary or permanent, as the case may be) against you, in addition to such other rights and remedies to which it may be entitled by law.  In the event any such injunction is entered, you shall pay the reasonable expenses incurred by RPR in obtaining such injunction, including, without limitation, reasonable attorneys’ fees.

 

13. Miscellaneous

 

13.1 The provisions of these Terms of Use addressing disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, injunctive relief, arbitration and governing law shall survive the termination of these Terms of Use.

 

13.2 These Terms of Use constitute the entire agreement between RPR and you regarding the subject matter of these Terms of Use, and supersede all previous written or oral agreements. The Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your use of the Site resides in the courts located in the County of Cook, in the State of Illinois, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 

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.

 

13.4 If any one or more of the terms or provisions of these Terms of Use is deemed unlawful, void or for any reason unenforceable by any court in any jurisdiction, then any such term(s) or provision(s) shall be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions.

 

13.5 These Terms of Use constitute the entire agreement of the parties relating to the subject matter hereof and supersedes all prior communications, understandings and agreements, oral or written.

 

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
copyrightagent@narrpr.com

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