August 9th, 2020
Realtors’ Essentials also provides clients with an online technology platform via their RealtorsEssentials.com account. This site provides you with access to and use of Realtors’ Essentials services, including the opportunity to purchase certain products or other services (collectively “Paid Service”). Before you continue using these Sites, the Service, or any of the Realtors’ Essentials products or services, it is important that you carefully review the Terms.
Ownership of Site
The Service and the Site are owned and operated by Realtors’ Essentials. Except as permitted under this Agreement, copying, storing, displaying, reproducing, distributing, selling, licensing, sublicensing, publishing or creating derivative works of any content or materials on the Site or available through the Service are expressly prohibited without the prior written permission from Realtors’ Essentials or the copyright holder identified in the individual contents copyright notice. All images and media (“Content”) created by Realtors Essentials are the sole property of Realtors Essentials. Realtors’ Essentials retains ownership and licensing rights to all Content. Content is made available to clients for property-specific marketing purposes only. Any publication of content for nonspecific property marketing purposes is strictly prohibited by law without the express written consent of Realtors’ Essentials.
Acceptance of Terms
By entering and using the Site or Service, you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Realtors’ Essentials that you will use the Service only in a manner consistent with these Terms. Your use of the Site and the Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Site or Service. Specific pages on the Site may set out additional terms and conditions which, in addition to these Terms, shall be binding upon you with respect to those pages. In the case of inconsistencies between these Terms and information included in other materials (for example, promotional materials and mailers), these Terms will always control with respect to the Site and Service. We require that you be 13 years or older to use the Site or Service; if you are under 13 years old, you should not access or use the Service or Site.
Amendment of Terms; Termination.
- We reserve the right to change these Terms at any time. If we make any material changes to these Terms, we will post the new Terms on the Site and update the effective date set forth above. Therefore, we encourage you to check the effective date of Terms whenever you visit the Site to see if it has been updated since your last visit.
- This Agreement and the Service provided hereunder shall continue until terminated as provided herein. You may terminate this Agreement at any time for convenience. You agree that Realtors’ Essentials may at any time without notice to you: terminate this Agreement; suspend or terminate the Service or Site; or terminate your account and delete any content stored in your account; and you agree that Realtors’ Essentials may take the foregoing actions for any reason, including if in Realtors’ Essentials sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so, or may do so without cause.
- Upon termination of this Agreement or termination or suspension of the Service, all rights and licenses granted by Realtors’ Essentials to you hereunder shall immediately terminate; however, termination or suspension shall not affect any rights and licenses granted by you to Realtors’ Essentials hereunder, and such rights and licenses shall survive such termination or suspension.
All Content produced by Realtors’ Essentials is presented in a customized web page and is hosted on Realtors’ Essentials servers for a period of one year as a part of the Realtors’ Essentials production package. Hosting beyond the initial term of one year will require an additional fee.
When you register as a Realtors’ Essentials user, you will be asked to provide a password. You are the only person permitted to use this password to access and use the Service. As you will be responsible for all activities that occur under your password, you are responsible for maintaining the confidentiality of your passwords. You must notify Realtors’ Essentials immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure. We may rely on the authority of anyone using your password, and in no event, and under no circumstances shall we be liable for any compromise of the confidentiality of your password or any unauthorized access using your password.
Information Provided by You
You agree that the information that you provide to us on registration and at all other times, including all information you provide when using the Service, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address since that is the primary way in which we will communicate with you about your account and your orders. You agree that Company is free to use any such information without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, modifying, manufacturing and marketing products and services and modifying or improving the Site and Service.
License to Use the Website and Service
Subject to the Terms, Realtors’ Essentials hereby grants you a limited, non-exclusive, non-transferable, right to use the Service and, in connection therewith, to submit graphic images, photographs, text and related data (individually and collectively referred to as “Member Works”).
Monitoring of Content
Realtors’ Essentials does not control the content of the user’s accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
Prohibited Conduct. You agree that you will not:
- use the Site or Service
- for any unlawful purposes;
- to upload, download, publish, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, malicious, fraudulent, misleading, abusive, harmful to any equipment, software or other property, false, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, download, publish, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party including, but not limited to Realtors’ Essentials;
- to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- interfere with, harm or disrupt (or attempt to interfere with or disrupt) the Site or Service or servers or networks connected to the Site or Service, or disobey any laws, requirements, procedures, policies or regulations governing access to or use of the Site or networks connected to the Site or Service;
- access or attempt to access any information, documents or material that you are not authorized to access;
- use any robot, spider, or other such programmatic or automatic device to obtain information from the Site or otherwise monitor or copy any portion of the Site;
Realtors’ Essentials grants you a non-exclusive, non-transferable, limited right to access, view, use, display, and print information on this site, including all the materials provided hereon, for your personal, informational, noncommercial use only.
- You may not copy, modify, reproduce, create derivative works from, distribute, transmit, license, or sell any content or any portion of this site without the prior express written consent of Realtors’ Essentials. Generally, Realtors’ Essentials will grant permission for such use so long as Realtors’ Essentials is properly acknowledged, but the prior express written consent of Realtors’ Essentials is required.
- Realtors’ Essentials owns and retains all copyrights for works created or produced by Realtors’ Essentials, its affiliates, employees, contractors, and subsidiaries. Unless otherwise specifically agreed to in writing by the parties, Realtors’ Essentials hereby grants to Client the non-exclusive, non-sublicensable, revocable, and non-assignable right to reproduce, display, broadcast, and transmit (collectively “use”) the Licensed Content in any and all media, now known or hereafter devised, in the Territory, and during the Term, provided that the Licensed Content may only be used for the sales and marketing of the property depicted in the Licensed Content (the “Subject Property”) while such Subject Property is listed with Client. In the event of non-compliance by Client, the license may be revoked at the discretion of Realtors’ Essentials. In case of revocation, the Client must actively remove any disseminated content under the Licensed grant under Section “Amendment of Terms; Termination”.
- In addition, Realtors’ Essentials hereby grants to Client the limited right to sublicense the Licensed Content to one or more multiple listing services (each, an “MLS”) for comparable database use purposes, provided that Client is a member of each such MLS to which a sublicense is granted, and such sublicenses shall not be further sub-licensable.
- Notwithstanding the foregoing, Licensed Content used by Client prior to the expiration of an applicable representation agreement between Client and a third party may continue to be used by Client or the agent representing the subject property after the expiration of such representation agreement, for the sole purpose of marketing the Client or the agent that represented the subject property in the context of the Client or the agent that represented the subject property showing previous properties for sale/sold by Client or the agent that represented the subject property.
- Licensed Content incorporated into a particular product or end use (e.g., in a brochure or a social media post) prior to the expiration of the Term may continue to be used in perpetuity solely in that product or end-use.
- All rights not explicitly granted in this Agreement are reserved to Realtors’ Essentials. Realtors’ Essentials is and will remain the sole and exclusive owner of the copyright and all other rights in and to the Licensed Content. No other rights or uses are permitted without the prior written consent of Realtors’ Essentials.
- Except as necessary for the use of the Licensed Content in the end-use, Client may not crop, rotate, alter, change or manipulate, or combine the Licensed Content with other image (s) or works without Realtors’ Essentials prior written permission.
- The client may not incorporate the Licensed Content in any logo, trademark, or service mark.
- When Licensed Content is used on a social media or other third-party website or application that permits sharing of content, in the event the website seeks to exploit rights to the Licensed Content contrary to the terms of this Agreement, this Agreement to the extent it extends to the relevant Licensed Content shall be automatically revoked, and Client shall take commercially reasonable efforts to remove the Licensed Content from such website.
- The client is under no circumstance permitted to sell or collect payment of any kind for the use or display of Licensed Content produced by Realtors’ Essentials.
- The client is not permitted to assign the rights granted to the Client by Realtors’ Essentials to any third parties without express written consent from Realtors’ Essentials.
Copyright Policy and Reporting of Violations
- Realtors’ Essentials respects copyright law and expects you to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights.
- As a condition to your use of the Service, or your use of the Site, you agree that you will not use the Site or Service to infringe the intellectual property rights of others in any way. Realtors’ Essential’s policy is to terminate access to the Site and use of the Service by any users who are repeat infringers of the copyrights or other intellectual property rights of others.
- Any person who believes the copyright in his or her work has been violated through this Service should contact Realtors’ Essential’s “Designated Copyright Agent” as set forth below. Any copyright owner, or a person authorized to act on behalf of an owner of the copyright or of an exclusive right under the copyright, may report his or her notice of infringement by completing the following notice form and delivering it to the Designated Copyright Agent:
NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT
- Identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a representative list of the copyrighted works that you claim have been infringed via the Site or Service:
- Identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Site or Service, such as the URL where such material may be found on the Site):
- Your street or mailing address, telephone number, and, if available, email address.
- The following affirmation (if true): “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use).”
- The following affirmation (if true): “I hereby state that the above information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of the exclusive right under the copyright allegedly infringed.”
- An electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright:
Full legal name:_______________________________
- All claims of copyright infringement should be delivered in writing to Realtors’ Essential’s Designated Copyright Agent at the following address: Designated Copyright Agent: Realtors’ Essentials
THE SERVICE, THE SITE, AND ALL OTHER RELATED REALTORS’ ESSENTIALS PRODUCTS AND SERVICES ARE PROVIDED BY US “AS IS” WITHOUT ANY OTHER WARRANTIES WHATSOEVER. ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, REALTORS’ ESSENTIALS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limitations of Liability and Damages
REALTORS’ ESSENTIALS, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, AND ITS SUPPLIERS SHALL NOT BE RESPONSIBLE FOR NOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICE, THE MEMBER CREATION, THE MEMBER WORKS, THE THIRD PARTY CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR DOWNLOADING OR UPLOADING OF ANY MATERIAL OR DOCUMENTS OR YOUR USE OF ANY APPLICATION OR FUNCTIONALITY ASSOCIATED WITH THE SITE OR SERVICE, EVEN IF VHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PAID SERVICE: SOLE REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY FOR FAILURE TO DELIVER A PAID SERVICE OR BREACH OF ANY OBLIGATION WITH RESPECT TO A PAID SERVICE SHALL BE A REFUND OF THE AMOUNT PAID FOR THE SPECIFIC PAID SERVICE AT ISSUE AND IN NO EVENT SHALL REALTORS’ ESSENTIAL’S LIABILITY FOR FAILURE TO DELIVER SUCH ITEM EXCEED SUCH AMOUNT.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE DISCLAIMERS, WAIVERS, AND LIMITATIONS CONTAINED IN THE TERMS, INCLUDING WITHOUT LIMITATION SECTIONS “Copyright Policy and Reporting of Violations” AND “Disclaimers“, SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION “Disclaimers“, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF REALTORS’ ESSENTIALS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE LOWEST AMOUNT ALLOWED BY LAW.
You agree to indemnify, defend and hold harmless Realtors’ Essential, its officers, directors, employees, agents, licensors, suppliers and any third-party service providers to the Site and/or Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from any breach of these Terms or of any representation, warranty, or covenant you make herein; your access to and use of the Site; your use of the Service; your creation, your use of the Third Party Content; and your grant of rights and licenses to Realtors’ Essential pursuant to these Terms.
Paid Service: Prices/Cancellation
The rate for any Paid Service shall be set forth on the Realtors’ Essential on-line order form. All rates are stated in U.S. dollars and are valid until altered by us. In the event that a Paid Service on this Website is mistakenly listed at an incorrect rate, Realtors’ Essential reserves the right to refuse or cancel any orders placed for the Paid Service listed at the incorrect rate. Realtors’ Essential reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Realtors’ Essential shall issue a credit to your credit card account in the amount of the incorrect rate. Risk of loss and title to any products that you may purchase from us passes to you upon our delivery of such products to the carrier.
- Choice of Law and Venue. This Agreement shall be governed and interpreted in accordance with the substantive law of the State of Illinois without regard to its conflict of law provisions. The parties agree that any litigation arising out of this Agreement, or relating to the operation of the Site or Service or content appearing therein, shall be brought only in the state or federal courts located in Chicago, Illinois. The parties irrevocably submit to the exclusive jurisdiction of such courts and hereby waive any challenge to the propriety or convenience of jurisdiction or venue of such courts. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.
- Assignment. You may not assign the Agreement and/or any of the rights or obligations contained therein. Realtors’ Essential may freely assign this Agreement and the rights and obligations contained therein.
- Notices. Realtors’ Essential may notify you of certain events relating to the Site or Service, or your use of the Site or Service. We may choose to notify you of these matters via a general notice on the Site, electronic mail to your e-mail address on record in Realtors’ Essential’s account information, or by written communication sent by U.S. mail, postage prepaid, to your address on record in Realtors’ Essential’s account information. If we notify you by mail, mail notice shall be deemed to have been given upon the expiration of three days after mailing; if we sent you notice by email, such notice shall be deemed to have been given upon the expiration of twenty-four (24) hours after sending. You may give notice to Realtors’ Essential (such notice shall be deemed given when received by Realtors’ Essential at any time only by following: letter sent by confirmed facsimile to Realtors’ Essential at the following fax number; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Realtors’ Essential at the following address: Realtors’ Essential; addressed to the attention of Chief Executive Officer.
- Trademarks. All brand, product, and service names used on the Site or in this Service which identifies Realtors’ Essential or third parties and their products and services are proprietary marks of Realtors’ Essential and/or the relevant third parties. Nothing in the Terms shall be deemed to confer on any person any license or right on the part of Realtors’ Essential or any third party with respect to any such image, logo or name.