Terms of Use
TERMS OF USE FOR HOUSELOGIC
Last revised: May 2016
Please read this document carefully as it constitutes a legally binding agreement between you and the National Association of REALTORS®. Your use of the Site constitutes your acceptance of these Terms of Use.
I. Offer of Terms and Implied Consent to Those Terms
The National Association of Realtors® (NAR) website, HouseLogic.com (referred to as we, us and our), has its own terms and conditions. The terms and conditions stated herein (“Terms of Use”) address your ability to access and use the services of the HouseLogic.com website (“Site”). Your (referred to as “you,” “your” or “user”) use or continued use of the Site constitutes your agreement to accept and comply with the Terms of Use, including any modifications that may be made in the future as provided for hereinafter. For a further understanding of the rules governing the Site, you should also review the HouseLogic Privacy Policy.
II. Statement of Ownership and Reservation of Rights
The Site contains content that HouseLogic creates, our vendors/licensors create and users create. All materials published on the Site, including, but not limited to, text, images, video, graphics and multimedia files, (“Content”) are protected by all applicable copyright and trademark laws and owned or licensed by HouseLogic or the party credited as the provider of the Content. All rights in the Content are expressly reserved by the applicable copyright and trademark owner. Any rights not expressly stated in the Terms of Use are expressly reserved.
III. User’s Right to Access and Use of Information on Site
a. Authorized uses
HouseLogic agrees to grant you limited rights to access and to use the Site and Content solely for informational, personal and non-commercial purposes. In certain instances, you may download or print one copy of Content created by HouseLogic or by any party other than HouseLogic to a single computer for your personal and non-commercial use only. You are prohibited from using or reproducing any image that is available on the Site. NAR is not the copyright holder of these images and does not have permission to allow others to use them. You agree to comply with all applicable federal, state and local laws with respect to access and use of the Site. You agree that no joint venture, partnership, employment, brokerage, or agency relationship exists between you and HouseLogic due to the Terms of Use or your use of the Site.
The Site is intended for visitors aged 13 and older. If you are under the age of 13, please do not visit or use the Site. If you are between the ages of 13 and 18, you must review these Terms with a parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand and agree to these Terms and your use of the Site. We do not collect information from any party we know is a child under the age of 13. If you have knowledge that a child under the age of 13 has submitted information to us, please contact us at support@HouseLogic.com.
b. All Other Uses Prohibited Except with Consent
You agree that any and all other uses of the Site and Content are prohibited, except with the express written consent of HouseLogic.
c. Expressly Prohibited Activities on Site
You agree that you will not:
i) damage, interfere, disable, overburden or impair the Site, including any portion of the Site and security related features of the Site, or interfere with any other party’s use and enjoyment of the Site;
ii) access or attempt to access password protected, secure or non-public areas of the Site or NAR’s computer systems, including any portion that contains personal identifiable information such as, but not limited to, user names, passwords and e-mail addresses;
iii) remove, alter, cover or distort any copyright, trademark or other proprietary rights notice on the Site;
iv) sublicense, transfer or otherwise make any Content available to any third party for commercial purposes or financial gain or use the Content in any other fashion or any other location other than as permitted in this section or as expressly authorized on the Site;
v) Violate the privacy or infringe the rights of others, including intellectual property rights;
vi) Use inflammatory, offensive or inappropriate language;
vii) Use the Site in any way that violates local, state or federal laws;
viii) Upload or share materials that are illegal, fraudulent, defamatory, libelous, misleading, threatening, profane, or obscene;
ix) Impersonate other persons.
You agree to fully cooperate with HouseLogic to investigate any suspected or actual activity that is a breach of the Terms of Use. HouseLogic may, without any requirement of notice, change, suspend or discontinue any portion of the Site or any service provided at the Site.
d. No Vested Rights in Any of the Services Provided on Site
Except for the limited use rights granted to you in the Terms of Use, you acknowledge that you have no rights, title or interest in the Site or Content.
IV. Conditions for Linking to the Site
HouseLogic grants you a non-exclusive, limited license, which is revocable at our discretion, to link to the Site home page from any site you own or control that is not commercially competitive with the Site and does not injure HouseLogic, NAR, the Site or users of the Site, as long as the site with the link complies with all applicable federal, state and local laws and does not violate any rights of others or in any way post, disseminate or facilitate any inappropriate, defamatory, profane, indecent, obscene or illegal name, information or other material. The authorization to link to the Site is not an endorsement by HouseLogic of such other site and you agree to refrain from the any action or statement which is likely to confuse, mislead or deceive users of the Site. All of HouseLogic’s rights and remedies are expressly reserved.
V. Rights of Users
You may use the Site only for your personal, non-commercial use. For example, you may use the Site to search the Content for business and product information for your own use, but you may not resell that information to any other party.
VI. User Content
This provision applies to those portions of the Site, whether existing now or created in the future, where users may provide Content to be reproduced or distributed on the Site. You are solely responsible for the Content you provide to, or make available on, the Site.
a. Ownership
You warrant and represent that you own or otherwise hold all necessary rights and licenses to use the Content you provide, including, without limitation, all the rights necessary for you to transmit such Content, and to authorize the use and dissemination of such Content, to and by HouseLogic as more specifically set forth below.
b. HouseLogic’s Right to Use Content and User’s Representations and Warranties
By transmitting Content to HouseLogic, you grant, and you represent and warrant that you have the right to grant, to HouseLogic an irrevocable, perpetual, non-exclusive, royalty-free license and right: to use, reproduce, modify, publish, publicly perform, digitally perform, publicly display and distribute the Content worldwide; to prepare derivative works of, or incorporate into other works, the Content; and to grant and authorize sublicenses of the Content.
c. Limitations on what may be submitted
HouseLogic reserves the right to remove, or to refuse to publish, any Content that:
i) contains language that HouseLogic, in its sole discretion, considers offensive, harassing, defamatory, libelous or otherwise inappropriate;
ii) promotes illegal activities;
iii) is not relevant;
iv) is a commercial endorsement or advertisement, including spam; or
v) infringes on the trademarks, copyrights, or other rights of HouseLogic or any third parties.
d. Indemnification
You agree to indemnify, defend and hold harmless NAR and its officers, directors, employees, parents, third party vendors, partners, successors, agents, distribution partners, affiliates, subsidiaries and related entities from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:
i) your access to or use of the Site;
ii) Content provided by you to the Site and your use or distribution of any user Content;
iii) any actual or alleged violation or breach by you of the Terms of Use;
iv) any actual or alleged breach of any representation, warranty or covenant that you made to us; or
v) your acts or omissions, including the infringement or other violation by you of any intellectual property or other right of any person or entity.
e. Warning Regarding the Disclosure of Personally Identifiable Information
You agree that you will not use the Site to collect any information about Site users or other users for any purpose. You acknowledge that if you elect to disclose personally identifiable information about yourself to third parties as a part of your use of the Site, you do so at your own risk and that HouseLogic shall have no liability or responsibility for any consequences that arise from doing so.
f. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
VII. DMCA Notice
Content on the Site as well as the organization and layout of the Site are owned, copyrighted or licensed by HouseLogic, its affiliates or its third party vendors.
If you contend that your Content or 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:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site;
3. Your address, telephone number and email address;
4. 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;
5. 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
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Notice should be sent to the HouseLogic Copyright Agent as follows:
General Counsel
National Association of Realtors®
Legal Department
430 N. Michigan Ave.
Chicago, Illinois 60611
VIII. Responsibility for Third Party Sites and Links to Those Sites
The Site may contain links to other sites operated by third parties. The links are provided as a convenience to access the information contained in the sites of third parties. HouseLogic is not responsible for the Content of any third party site and does not endorse or approve of, and is not a sponsor, partner, promoter or publisher of, those sites or their content. Further, HouseLogic expressly disclaims any responsibility or liability for the content of any other site. Your questions or concerns regarding any third party site should be directed to the third party site’s Web Administrator or Webmaster. Note that you may be subject to additional and/or different terms, conditions and policies when you use third party sites.
IX. Third Party Services and Content
The Site may contain Content supplied by other services. The Content made available by those third party services and content providers constitutes the opinions, advice, judgments, statements, services, offers or other information of those third party content and service providers and not necessarily that of HouseLogic. HouseLogic is not responsible for such information or materials, including errors or omission in such information or materials or the results obtained by using such information or materials and shall not liable for any loss or damage to you as a result of your use or reliance on that information or materials.
X. Sweepstakes and Contests
a. Separate Rules and Use of Information Submitted by Entrants
Your dealings with advertisers or other third party vendors found on or through the Site, including your participation in promotions (e.g. sweepstakes and contests) and/or the purchase of goods, are solely between you and the third party, including, but not limited to, any terms, conditions, warranties or representations associated with such activities, e.g. how information submitted by entrants will be used.
XI. Disclaimers
You expressly understand and agree that your use of the Site and reliance upon any and all of the services and/or Content on the Site is at your sole risk. The Site and Content is made available by HouseLogic on an “As Is” and “As Available” basis without any representations, warranties or guarantees, whether express or implied, with regard to: a) any particular criteria of performance or quality; b) the usability, condition or operation of the Site, including appropriateness, accuracy, sufficiency, correctness, veracity, value, completeness or timeliness of the services or Content on the Site; and c) access or use of the Site on an uninterrupted or error free basis. HouseLogic expressly disclaims any and all warranties, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, non-infringement, comparability, security and accuracy.
XII. Limitations on Liability
You agree that HouseLogic is not liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, special, consequential and punitive damages (or damages for loss of profits, goodwill or revenue, business interruption or loss of data), arising out of or in any way connected to the use or performance of the Site, any services or Content, including, but not limited to, the disclosure or misuse of any users personal information, regardless of the form of action, whether in contract, tort or otherwise.
Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of HouseLogic and its officers, directors, employees, parents, third party vendors, partners, successors, agents, distribution partners, affiliates, subsidiaries and related entities exceed one hundred dollars ($100).
These limitations shall apply to the full extent permitted by law. Only to the extent that a limitation of liability is not permitted by law in your jurisdiction will the foregoing limitations not apply to you.
XIII. Jurisdiction and Choice of Law
You hereby agree that any and all disputes, which may arise, and any litigation, which may arise from such disputes, will be litigated before a court located in the State of Illinois, County of Cook, USA to the exclusion of the courts in any other state, county or country and consent to the jurisdiction and venue of the courts of the State of Illinois, County of Cook, USA.
The Terms of Use and use of the Site are governed by and will be interpreted under the laws of the State of Illinois, USA, without reference to the conflicts of laws and without regard to the location of execution or performance of the Terms of Use.
XIV. Amendments to Terms of Use
a. Rights to Make Changes and Notice of Changes and Effective Date
HouseLogic reserves the right at its sole discretion to change, modify, add or remove portions of Terms of Use at any time without notice or liability. Any modification shall become effective upon posting on the Site. Your use of the Site following any such modification shall be conclusively deemed to be your acceptance of such modification. You are responsible for reviewing the Terms of Service from time to time for any changes or additional terms. If you do not agree to the changes your only recourse shall be to discontinue use of HouseLogic.
XV. Entire Agreement
The Terms of Use (including the HouseLogic Privacy Policy) represents the entire agreement between you and HouseLogic with respect to the matters in this Terms of Use (and HouseLogic Privacy Policy) and supersedes all prior electronic, oral or written communication between you and HouseLogic. Any delay or failure by HouseLogic to enforce any provision under the Terms of Use shall not, in any event, be considered a waiver of any rights.
XVI. Severability
If any provision of the Terms of Use is held to be void or unenforceable, in whole or in part, the void or unenforceable provision will be replaced by one that is valid and enforceable and most closely matches the intent of the original provision and the other provisions of the Terms of Use shall continue to be valid.
XVII. Waiver
If HouseLogic fails to insist upon or enforce strict performance by you of any provision of these Terms of Service, or to exercise such right under these Terms of Service, such a failure will not be construed as a waiver or relinquishment to any extent of HouseLogic’s right assert or rely upon any such provision or right in that or any other instance.