User Agreement

Welcome to this Realty Network, Inc., REALTORS (“RNI”) Web site. Through this Web site and its network of RNI owned and controlled Web properties, sites and services (collectively, the “Site”), RNI provides access to a variety of real estate-related informational content, products, services and resources provided by RNI and other content providers. This Site is made available subject to the terms and conditions of this agreement (collectively, the “Agreement”).

This Agreement is between you, the user of this Site, and RNI. Please read this Agreement carefully before accessing or using this Site. By accessing or using this Site you agree to be legally bound by this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE. If you have questions about this Site or this Agreement, you may contact RNI by sending an email to Compliance@realtynetwork.com.

UPDATES TO THIS AGREEMENT. RNI reserves the right to modify this Agreement at any time. Any modifications will become effective immediately upon posting to this Site. You agree that it is your responsibility to review the Agreement periodically to be aware of such modifications, as your continued access or use of this Site shall be deemed your conclusive acceptance of the modified Agreement. The most current version of this Agreement may be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of this Site’s pages.

OWNERSHIP. This Site, including its informational content (e.g., listing information, HTML or other code, pages, graphics, software and all other materials associated or within this Site) (collectively, the “Content”), and the compilation of the Content and the “look and feel” of this Site, and all products, services, databases, and any other intellectual property of RNI or its licensors or service providers, and all parts and derivatives thereof, are and shall remain the sole property of RNI and its licensors and service providers, including all associated copyrights and other intellectual property rights. Your rights are under license only, nothing shall be deemed to grant or transfer to you any ownership rights. Use of any Content or other portions of this Site are subject to the terms of this Agreement.

No portion of the Content or any other such materials may be used or otherwise exploited for any purpose and in any form without the express written permission of RNI and, as applicable, its licensors and service providers. Unless otherwise specified, this Site is provided for your own personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site.

You agree to abide by and not to remove, modify or obscure any copyright or other proprietary rights notices and usage restrictions on this Site, or any Content or other materials, or on any copies or versions thereof. All rights not expressly granted are reserved.

YOUR USE OF THIS SITE. Your authorization to access and make use of this Site (and the materials and Content available via this Site) is a privilege, not a right, and is subject to the terms and conditions of this Agreement. You agree that you are fully responsible for all of your activities, transmissions and transactions while using this Site and for any accounts that may be established by or for you.

NO UNAUTHORIZED USE PERMITTED. You agree not to use this Site or any Content or other materials you may access to engage in any unauthorized or inappropriate conduct or for any unlawful purpose. Broadly stated, this includes any conduct that is unlawful, untruthful, tortious or that is harmful to (or puts at risk) RNI or any other party or property; that violates another party’s privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property. You agree to follow any acceptable use policies and other similar policies applicable to your use of this Site (collectively, the “AUPs”).

For your convenience RNI has put together the following illustrations, which are not intended to be comprehensive. Examples of unauthorized or inappropriate conduct include activities that: (i) are illegal, tortious, or that are harmful to (or puts at risk) RNI, its licensors, service providers, or any other party or property; (ii) that violate anyone’s privacy or other rights, or that seek to obtain access or information you do not have the right to obtain, or to circumvent any security control or identification procedure; or (iii) that otherwise interferes with or misappropriates the operation, use or enjoyment of any service, system or other property. You may not resell this Site or any Content, or use this Site or any Content to operate a business, Web site, public information service, or for other commercial purposes without the prior written consent of RNI. RNI reserves the right to investigate, involve and cooperate with appropriate authorities regarding any fraudulent or other illegal or unauthorized activities involving this Site, and to disclose any information necessary for such purpose.

SECURITY; USE OF ACCOUNTS. You agree that you, and not RNI, are solely responsible for your own security in using this Site, and for selecting and implementing any precautions you deem to be appropriate and best suited for your situation and intended use of this Site.

If any portion of this Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also may have a Site account and password through a separately existing RNI Transaction Management System account. You are entirely responsible for maintaining the confidentiality of your passwords and accounts. You agree that RNI is the sole owner of the information collected via this Site. Furthermore, you are entirely responsible for any and all activities that occur under your accounts.

You agree to notify RNI immediately of any unauthorized use of your accounts or any other breach of security. RNI will not be liable for any loss that you may incur as a result of someone else using your password or accounts, either with or without your knowledge. However, you could be held liable for losses incurred by RNI or another party due to someone else using your accounts or passwords. You may not use anyone else’s account at any time, without the permission of the account holder.

PRIVACY POLICY. Your privacy is very important to RNI. RNI’s online information practices with respect to this Site are described in this Site’s privacy policy (“Privacy Policy”), which you may review at the following URL: https://www.realtynetwork.com/privacy-policy

TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT. RNI reserves the right, at any time and for any reason, to change, terminate, limit, suspend or discontinue this Site (in whole or in part) or your (or anyone else’s) access to or use of this Site. You agree that RNI shall not be liable for doing so. Upon any termination, your rights to use this Site will immediately cease. In addition, RNI may, in its sole discretion, refuse to accept an application for a Transaction Management Account and/or refuse or restrict its services to anyone at any time, for any lawful reason.

DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED SOLELY AS A CONVENIENCE TO THIS SITE’S VISITORS AND USERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ENTIRE RISK OF USING THIS SITE IS WITH YOU. TO THE MAXIMUM EXTENT ALLOWABLE AT LAW, RNI EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES: (i) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, CORRECTNESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; (ii) CONFORMANCE TO ANY DEMONSTRATION OR PROMISE; (iii) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR (iv) THAT THIS SITE (IN WHOLE OR IN PART) OR ANY INFORMATIONAL CONTENT, OR ANY ACCESS OR USE THEREOF, WILL BE UNINTERRUPTED, ERROR FREE, USEFUL, FUNCTIONAL, OR COMPLETELY SECURE, OR THAT PROBLEMS WILL BE CORRECTED. NO ADVICE OR INFORMATION GIVEN BY RNI OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY.

LIMITATIONS OF LIABILITY. (a) YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND WITHOUT LIABILITY OF ANY KIND ON THE PART OF RNI OR ANY OF ITS LICENSORS, OR SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING FOR LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS SITE; EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

(b) YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF RNI, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THIS SITE SHALL NOT EXCEED YOUR DIRECT DAMAGES ACTUALLY INCURRED, IF ANY, UP TO FIFTY DOLLARS ($50).
(c) YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS.

LINKS TO OTHER SITES. This Site contains links to third party Web sites, resources and informational content (“linked sites”). These links are provided solely as a convenience to you and are not meant to constitute an endorsement by RNI of the contents on such third-party materials. The linked sites are not under the control of RNI and RNI is not responsible for any of the materials available from any linked sites. RNI disclaims all responsibility and liability with regard to your access to or use of such linked sites.

ADDITIONAL TERMS. Certain areas or aspects of this Site may be subject to additional rules, policies procedures, and/or terms (collectively, the “Additional Terms”). You agree to comply with the Additional Terms, and you understand that your use of those areas or aspects of this Site is conditioned on your compliance with the Additional Terms. If and to the extent there is a conflict between this Agreement and such Additional Terms, the Additional Terms shall control with respect to their subject matter.

TRADEMARKS. The RNI name and logo, and other RNI logos and product and service names are the trademarks or registered trademarks of RNI and RNI’s property. These marks may not be used for any purpose without the express written permission of RNI. Other trademarks used on this Site are the property of the respective owners.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to RNI’s designated agent. ANY INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE. See webmaster[at]realtynetwork.com for the appropriate procedure and submission policy.

NON-CIRCUMVENTION. As a condition of your using this Site, you agree not to: (i) seek to circumvent RNI, or (ii) harm RNI’s relationship with any buyer or seller of any property, or with any other party.

DISPUTE RESOLUTION. Except for the right of RNI to seek injunctive relief or other equitable remedies and except for RNI’s right to bring suit to protect its confidential information and intellectual property rights, all claims, disputes and controversies and other matters in question between the parties to this Agreement, arising out of, or relating to this Agreement, or the breach thereof, or this Site, which cannot be resolved by the parties, shall be settled by binding arbitration pursuant to the Federal Arbitration Act and the rules then in effect of the American Arbitration Association under its commercial Arbitration Rules (unless you are an individual, in which case its consumer rules will apply) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Not withstanding any provisions in such rules to the contrary, the arbitrator(s) shall have no authority to add or detract from the agreements of the parties. You expressly agree that any claim, dispute and controversy shall be arbitrated on an individual basis and not aggregated with the claims of any third party; class action arbitration is prohibited.
MISCELLANEOUS. You hereby consent to the exclusive jurisdiction and venue of state or federal courts in the State of Maryland, USA in all disputes arising out of or relating to this Agreement and this Site, subject to the dispute resolution provisions listed above. You may not assign this Agreement without RNI’s prior written consent, which shall not be unreasonably withheld; RNI may assign this Agreement upon notice to you. Notices given by you to RNI must be given by postal mail to RNI at 6900 Wisconsin Avenue, Chevy Chase, MD 20815, unless RNI indicates otherwise. All notices to RNI shall be sent to the attention of President & CEO. This Agreement is solely between you and RNI. This Agreement does not create, and you and RNI expressly disclaim, any third-party beneficiary relationships. If any part of this Agreement 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 this Agreement will continue in effect. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Except as expressly stated otherwise herein, this Agreement, together with the Privacy Policy, the AUPs and the other Additional Terms (all of which are incorporated into this Agreement) collectively constitutes the entire agreement between you and RNI regarding their subject matter, and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and RNI with respect to such subject matter. All provisions of this Agreement that by their nature or understanding reasonably should survive the termination of this Agreement shall survive.