Last Revised: September 8, 2009
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“SITE TERMS”) CAREFULLY. YOUR USE OF THE SITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE SITE TERMS WITHOUT MODIFICATION. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS, DO NOT USE THIS WEB SITE.
The Web site you are accessing (the “Site”) is hosted by Market Leader Inc (“Market Leader”) on behalf of one of its real estate industry customers (the “Company”). Market Leader and Company are independent contractors and are not partners or otherwise engaged in any joint venture in delivering the Site. Notwithstanding that fact, these Site Terms apply to both Market Leader nd Company and as such, any reference to “we”, “us” or “our” herein will apply equally to both Market Leader and Company.
These Site Terms apply exclusively to your access to, and use of, the Site so please read them carefully. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Market Leader, Company, or their respective subsidiaries or affiliates, for services, products or otherwise. We reserve the right to change or modify any of the Site Terms and the Site, at any time. If we decide to change our Site Terms, we will post a new version on the Site and update the date. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your use of the Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must immediately stop using the Site.
We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from the Sites. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information.
Consent to Communications
By filling out any forms on the Site or making any inquiries through the Site you acknowledge that we have an established business relationship and you expressly consent to being contacted us, whether by phone, mobile phone, email, mail or otherwise.
Property Listing Data
Any real estate listing data provided to you in connection with the Site is not intended to be a representation of the complete Multiple Listing Service data for any of our MLS sources. We are not liable for and do not guarantee the accuracy of any listing data or other data or information found on the Site, and all such information should be independently verified. The information provided in connection with the Site is for the personal, non-commercial use of consumers and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Some properties which appear for sale on this website may no longer be available because they are under contract, have sold or are no longer being offered for sale.
Use of Site; Limited License
You are granted a limited, non-sublicensable license to access and use the Site and all content, data, information and materials included in the Site (the “Site Materials”) solely for your personal use, subject to the terms and conditions set forth in these Site Terms. You may not use the Site or any Site Materials for commercial purposes. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other web site or service any of the Site Materials. You will not use the Site or any of the Site Materials other than for its intended purpose or in any way that is unlawful, or harms Market Leader, Company and/or their suppliers.
Without prejudice to the foregoing, you may not engage in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information from the Site or that uses web “bots” or similar data gathering or extraction methods. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Any use of the Site or the Site Materials other than as specifically authorized herein 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 Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time.
Responsibility for Your Conduct and User Content
You are solely liable for your conduct and for any information, text, photos, content, materials or messages that you upload, post or transmit to the Site (collectively the “User Content”). You may not provide false or misleading information to the Site or submit information under false pretenses.
Without limiting anything else in these Site Terms, we may immediately terminate your access to and use of any of the Sites if you violate any of the foregoing or if you provide false or misleading information or submit information under false pretenses.
Each person that is provided with a password and user ID to use the Site must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality and security of any password connected with your account.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, 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 to which you navigate from the Site.
Third Party Products and Services; Third-Party Content
We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any third party products or services, and you use such third party products and services at your own risk. We do not sponsor, endorse, recommend or approve any such third party who advertises their goods or services through the Site. You should investigate and use your independent judgment regarding the merits, quality and reputation of any individual, entity or information that you find on or through the Site. We do not represent or warrant that any third party who places advertisements on the Site is licensed, qualified, reputable or capable of performing any such service.
We do not make any assurance as to the timeliness or accuracy of any third-party content or information provided on or linked to from the Site (“Third Party Content”). We do not monitor or have any control over any Third Party Content, and do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We will not update or review any Third Party Content, and if you choose to use such Third Party Content you do so at your own risk.
THE SITE AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. COMPANY AND MARKET LEADER AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITE.
NEITHER COMPANY NOR MARKET LEADER REPRESENTS OR WARRANTS THAT THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; OR IS RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, NEITHER COMPANY NOR MARKET LEADER REPRESENTS OR WARRANTS THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARKET LEADER IS MERELY A SERVICE PROVIDER TO COMPANY, AND IN NO EVENT SHALL MARKET LEADER BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION PROVIDED THROUGH THE SITE OR OTHERWISE PROVIDED BY OR ON BEHALF OF COMPANY, AND MARKET LEADER MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT THERETO.
Limitation of Liability
IN NO EVENT WILL COMPANY OR MARKET LEADER OR ANY OF THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SITE MATERIALS.
Termination; Refusal to Provide Services.
We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease. Furthermore, we reserve the right not to respond to any requests for information for any reason, or no reason.
Applicable Law and Venue
These terms and conditions are governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and entirely to be performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Seattle, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Sites. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Sites.
Copyright and Trademark
Unless otherwise indicated in the Site, the Site Materials and the selection and arrangement thereof are the proprietary property of Market Leader, Company or their suppliers and are protected by U.S. and international copyright laws.
The Company name, and any Company products and services slogans or logos referenced herein are either trademarks or registered trademarks of Company in the United States and/or other countries. The names of actual third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
The parties have required that the Site Terms and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s`y rattachent soient rédigés en anglais.