Terms and Conditions
Intellectual Property. All images, text, graphics, video, multimedia files, programs, and other materials (the “Content”) found and published on this Website are protected by all applicable U.S. and international intellectual property laws, including copyright and trademark laws, and owned by RED or DRE as the registry operator of the .realtor™ or .realestate top-level domain, or the party credited. All rights in the Content are expressly reserved by the applicable owner. Any reproduction, distribution, modification, or publication of the Content found and published on this Website is prohibited without the express written consent of RED or DRE.
The REALTOR®, REALTORS®, REALTOR-ASSOCIATE®, REALTOR® Block “R” Logo, realtor.com®, nar.realtor and .realtor™ are trademarks, service marks, membership marks, and/or logos of the NATIONAL ASSOCIATION OF REALTORS® (“NAR”). All NAR trademarks, service marks, membership marks, and logos appearing on this Website are the property of NAR and all rights in those trademarks, service marks, membership marks and logos are reserved. Members of NAR using any of the membership marks are bound by and should refer to the rules and regulations governing use of those marks to ensure proper usage. RED’s or DRE’s use of NAR’s trademarks, service marks, membership marks and logos is pursuant to a license from NAR.
Content Submission. Any information, communications, images or materials you submit to RED or DRE, by email or otherwise, are deemed non-confidential, and RED and DRE are free to use and reproduce such information freely and for any purpose. You agree that RED and DRE are free to use any ideas or concepts contained in any such communication for any purpose whatsoever, including developing, promoting, or discussing this Website. Any such use is without compensation to you, and you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way RED or DRE uses such material.
User Responsibility. You assume all responsibility for your use of the Website. You waive all claims against RED, DRE, NAR, and RED’s, DRE’s and NAR’s respective officers, directors, employees, suppliers, and programmers that may arise from the use of the Website. You acknowledge and agree that your use of this Website or the services or products available through this Website:
- Will comply with these Terms and Conditions of Use and all applicable local, state, national and international laws, rules and regulations;
- Will not be illegal or promote or encourage illegal activity;
- Will not promote, encourage or engage in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Will not infringe on the intellectual property rights of a third party;
- Will not violate the privacy or publicity rights of another third-party;
- Will not disseminate or install any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
- Will otherwise comply with the Acceptable Use Policy and Takedown Procedures.
Account. In order to access some or all of the Content, materials and services available through this Website, you may be required to create an account for the Website. When creating such an account, you agree to: (a) provide true, accurate, current and complete information about yourself (the “Account Data”) and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete. Failure to do so shall constitute a breach of these Terms and Conditions of Use, which may result in immediate termination of your access to or use of this Website and any services or products offered through this Website.
Should you choose to create an account with this Website, you will be required to choose account login information, such as a password and username, and you are responsible for maintaining the confidentiality of your account login information. The Account holder is solely responsible for all activities that occur under the account, whether authorized or not. You agree to immediately notify RED or DRE of any unauthorized use of your account or any other breach of security. RED and DRE will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account login information.
Links to Website. You may not link to this Website from your own website in any manner that suggests RED or NAR has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products, services, or content on your website. Neither RED nor DRE will permit links from any obscene, scandalous, profane, defamatory, or unlawful website, or any website that may adversely affect the name, reputation and goodwill of RED or DRE and its products and services or NAR and its products, services, and members. RED and DRE reserve the right to cancel permission to link at any time, for any reason.
Limitation of Liability. THIS WEBSITE IS PROVIDED BY RED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY THAT THE WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. NEITHER RED NOR DRE MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS WEBSITE, OR THAT ACCESS TO OR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RED AND DRE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY. YOU AGREE THAT RED IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND PUNITIVE DAMAGES, AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
Reservation of Rights. RED and DRE expressly reserve the right to deny, cancel, terminate, suspend, lock, discontinue or modify access to or control of (or otherwise instruct such actions) any account or services or products available through this Website (including the right to cancel or transfer any domain name license) for any reason (as determined by RED or DRE in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by RED, DRE or the Registrar-of-Record (“Registrar”) in offering or delivering any services (including any domain name license), (ii) to assist with our fraud and abuse detection and prevention efforts, (iii) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (vii) to avoid any civil or criminal liability, or (viii) in the event of your breach of this Agreement, the .realtor™ License Agreement, or the Acceptable Use Policy and Takedown Procedures.
Website Availability. From time to time, this Website may be inaccessible or inoperable for any reason, including but not limited to equipment malfunction or periodic maintenance. You acknowledge and agree that RED and DRE has no control over the availability of this Website or any services or products available through this Website on a continuous or uninterrupted basis, and RED and DRE assume no liability to you or any other party with regard thereto.
Third-party Websites. This Website may contain links to other websites operated by third parties other than RED, DRE or NAR. These links are provided as a convenience to access the information contained therein. RED, DRE and NAR do not endorse or approve of such websites and are not a sponsor, partner, promoter, or publisher of such websites. RED, DRE and NAR expressly disclaim any responsibility or liability for the content of any other website and do not make any representations or warranties with respect to any goods or services that may be obtained from such third party websites. These websites usually have their own terms and conditions, including privacy policies, over which neither RED nor DRE has any control and which will govern your rights and obligations with respect to those websites.
Governing Law. These Terms and Conditions of Use shall be governed by the laws of the United States of America and the State of Ohio, as if these Terms and Conditions of Use were a contract wholly entered into and wholly performed within the State of Ohio, and without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Ohio to the rights and duties of the parties. Any action relating to these Terms and Conditions of Use may be brought exclusively only in the United States District Court for the Northern District of Ohio (Eastern Division) or in the state courts of Cuyahoga County, Ohio, and each party to this agreement expressly and irrevocably consents and submits to the jurisdiction and venue of such Courts, and courts of appeal therefrom, in connection with any such legal proceeding.
Changes. RED and DRE reserve the right to change, modify, or amend these Terms and Conditions of Use at any time without notice or liability. Any such change, modification or amendment shall become effective upon posting to the Website. Your use of the Website following any such change, modification or amendment shall be conclusively deemed to be your acceptance thereof. Please check the Website periodically for updated Terms and Conditions of Use.