Terms and Conditions - November 2006
THIS IS A BINDING LEGAL AGREEMENT, PLEASE REVIEW IT CAREFULLY AS IT LIMITS YOUR RIGHTS AND DEFINES MANY OF YOUR RESPONSIBILITIES.
ACCEPTANCE OF TERMS
The Austin Board of REALTORS® (“ABOR®”) and Austin Central Texas Realty Information Service (“ACTRIS®”), its subsidiaries, members, business affiliates and suppliers (“we” “us” or “our”) make the information and services provided on www.austinhomesearch.com (“Site”) available to you, conditioned on your acceptance without modification of these terms, conditions and notices. By using this Site or downloading web pages, images, documentation or other web content (“Content”) from this Site you agree to the following terms and conditions (“Terms and Conditions”).
The Terms and Conditions may be revised from time to time and will be posted as amended on the Site. YOUR CONTINUED USE OF THE SITE SHALL BE DEEMED ACCEPTANCE OF THE TERMS AND CONDITIONS AS POSTED, INCLUDING ANY REVISIONS. YOU ARE REQUIRED TO CHECK BACK FROM TIME TO TIME FOR AMENDED TERMS AND CONDITIONS.
We reserve the right to change, modify, suspend or discontinue any portion of the Site from time to time without notice or liability. We may also impose limits on certain features or restrict your access to parts of the Site without notice or liability.
USE OF ABOR® CONTENT AND SERVICES
We may provide links to other sites that we feel are relevant to our users (“Link Sites”). We are not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (“Link Products”). We do not endorse any of the Link Products nor do we make any representations or warranties in connection with the Link Products.
No Personal Advice.
The information contained in or made available by this Site does not and is not intended to convey any form of personal advice to you regarding the sale or purchase of real property. The information here cannot replace or substitute for the professional advice of a licensed REALTOR® to answer any questions and help you understand and use the information available through this Site.
Proprietary Rights and Restrictions on Use
You acknowledge that the information available through this Site may include textual, statistical, financial, photographic, video and audio components which are protected by United States Copyright Law. You acknowledge that this information is confidential and its use is restricted to your own personal, non-commercial use. You shall not reproduce, redistribute, publish, display, retransmit, broadcast, sell or license or allow anyone else to reproduce, redistribute, publish, display, retransmit, broadcast, sell or license any such information. You agree to comply with any additional use restrictions which may be announced by ACTRISK at any time regarding specific information provided through this Site.
All rights, title and interest in this Site and in the ownership of the intellectual property rights therein, shall at all times remain vested in ACTRISK. ACTRISK shall have the exclusive right to license such compilations or portions thereof and any data contained therein to any entity pursuant to the terms agreed upon by the ACTRISK Board of Directors.
Personal Use Limitation
You may access the Site and the information provided here, including the ability to bookmark properties listed for sale, but only for personal, non-commercial use. You may not modify, publish, copy, display, transmit, reproduce, license, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any and/or all information and content obtained from this Site. This prohibition includes, but is not limited to, the practice of “screen scraping,” “spydering” and/or framing which we consider theft of our proprietary information and those who deal with our data in this manner may be subject to prosecution. By using this Site you warrant to us that you will not use this Site for any unlawful purpose or any prohibited use pursuant to these Terms and Conditions. Your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND US, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS (INCLUDING THE ENFORCEABILITY OF THESE TERMS AND CONDITIONS), NEGLIGENCE CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES IN AUSTIN, TEXAS. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
ABORK does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED IN THIS WEB SITE DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE.
LIMITATION OF LIABILITY
You use this Site at your own risk. Your use of the data provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR MEMBERS, AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.
You acknowledge and agree that (a) all Content is the copyrighted work of ABORK or its third party content suppliers and is protected by copyright laws; (b) the name ABORK, the domain austinhomesearch.com, the ABORK logo, all page headers and designs, custom graphics, and button icons are the protected service marks, trademarks and/or trade dress of ABORK (collectively, “Marks”); and (c) all other trademarks, product names, company names, or logos on the Site are the property of their respective owners. You acknowledge and agree that we hereby retain all existing intellectual property rights owned prior to the execution of this Agreement, including but not limited to patents, trademarks, copyrights and trade secrets, and all derivative works and improvements of the same.
In addition to agreeing to comply with all applicable laws, you agree you will not use any Content or Marks for any purpose without our express prior written authorization.
You agree to indemnify and hold ABORK, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another person or entity.
This Agreement is governed by the laws of Texas without regard to conflict of law provisions with the exception of the Arbitration provision, which shall be governed by the Federal Arbitration Act. You hereby consent to the personal and exclusive jurisdiction of the courts of the State of Texas, but only in situations where the Arbitration provision is ineffective. Venue shall be in Austin, Travis County, Texas.
The Austin Board of REALTORS is located at 10900 Stonelake Blvd., Suite 100, Austin, Texas 78759, United States of America.