TERMS OF USE FOR “HomesOpenToday.com©” WEB SITE
BY VISITING OR USING “HomesOpenToday.com©” WEB SITE, YOU HAVE AGREED, WITHOUT TAKING ANY FURTHER ACTION ON YOUR PART, TO BE BOUND BY THIS TERMS OF THIS TERMS OF USE AGREEMENT (HEREAFTER “AGREEMENT” OR “Agreement”). IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PLEASE EXIT AT THIS TIME, AND DO NOT USE THE “HomesOpenToday.com©” WEB SITE.
INTRODUCTION
CCAR ® has developed and owns the “HomesOpenToday.com©” web site.
CCAR ® offers you access to the “HomesOpenToday.com©” web site in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as the same may be modified by CCAR ® from time-to-time.
CCAR ® reserves the right in its sole discretion to amend or modify this Agreement and/or the “HomesOpenToday.com©” web site at any time without providing notification. You are responsible for regularly reviewing and complying with this Agreement.
GENERAL USE AND LIMITATIONS ON GENERAL USE
Except where we specify otherwise, CCAR ® offers you access to the “HomesOpenToday.com©” web site solely for your personal and/or professional use. You represent to CCAR® that you will not use the HomesOpenToday.com© web site, in whole or in part, for any other purpose or for any uses that is unlawful or prohibited by this Agreement. You represent that you will not modify, copy, distribute, transmit, link(except as expressly permitted in this Agreement), perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the “HomesOpenToday.com©” web site. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the “HomesOpenToday.com©” web site in any manner that could damage, disable, overburden, or impair the “HomesOpenToday.com©” web site or interfere with any other party's use and enjoyment of the “HomesOpenToday.com©” web site.
If and when requested by CCAR ® you agree to provide CCAR® true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of CCAR ® , you agree that you will not access or attempt to access password protected, secure or non-public areas of the “HomesOpenToday.com©” web site.
Any link to the “HomesOpenToday.com©” web site homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the “HomesOpenToday.com©” web site homepage. For example, prominently positioning the " HomesOpenToday.com© " name and mark so that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the " HomesOpenToday.com©" name and mark and the link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between “HomesOpenToday.com©”, on the one hand, and you or any other person or entity, on the other hand. You agree that if CCAR ® , in its sole and unfettered discretion, requests in writing that you remove any link or links to the “HomesOpenToday.com©” web site, you will promptly do so. You agree that if you create any link to the HomesOpenToday.com© web site that you will not employ any technology that results in the placement of content from the HomesOpenToday.com© web site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the “HomesOpenToday.com©” web site from how it would appear if a user typed in their URL to a typical browser line. Specifically prohibited is the use of the phrase, “Homes Open Today” as a navigation button on any user’s website.
You agree that CCAR ® may in its sole discretion and at any time, and for any reason, terminate your access to and use of the ”HomesOpenToday.com©” web site, or any part thereof, with or without notice.
CCAR ® presents and makes available the content and information through the “HomesOpenToday.com©” web site as a public service, for the sole purpose of aiding the purchase and sale of residential real estate that is listed on its Multiple Listing Service. All information displayed on the “HomesOpenToday.com” is provided on and “as is” basis. CCAR® makes no representations or warranties, express or implied, and CCAR® does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any of such information. You are responsible for confirming the sufficiency and reliability of any such information.
You represent and agree that you will not use the “HomesOpenToday.com©” web site in any manner that would violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
CCAR ® reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
INDEMNITY AND HOLD HARMLESS
You agree to hold CCAR®, its officers, directors and members free and harmless of and from, and shall indemnify them, and each of them, against (including paying or reimbursing them for their reasonable attorneys fees incurred in defending themselves from), any claim and/or liability that arises from your use of “HomesOpenToday.com” web site. You agree that you are using this website for your own use and that you have done reasonable due diligence to satisfy yourself as to the content of “HomesOpenToday.com” that you are accessing and using for the permitted uses and purposes.
In no event shall CCAR®, its officers, directors and members be liable for any direct, indirect, general, punitive, incidental, special, consequential, or other types or amounts of damages, that arise from, out of, or because of, your use of the “homesopen.com” web site. Use of the “HomesOpenToday.com” web site shall at all times be at you own risk and expense.
This Agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of Contra Costa and/or Northern District of California in all disputes arising out of or relating to this Agreement and/or the use of the use of the”HomesOpenToday.com©” web site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CCAR ® as a result of this Agreement or use of the “HomesOpenToday.com©” web site. 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, and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and CCAR ® with respect to you rights to access and use the “HomesOpenToday.com©” web site, and it supersedes all prior or contemporaneous communications and proposals. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All materials on the”HomesOpenToday.com©” web site (as well as the organization and layout of this web site) are owned and copyrighted or licensed by CCAR ® and or its affiliates or its vendors. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the HomesOpenToday.com© web site is permitted without the written permission of CCAR ® . Any rights not expressly granted herein are reserved.
Any trademarks referenced on the HomesOpenToday.com© web site are the registered trademarks of the CONTRA COSTA ASSOCIATION OF REALTORS®.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent.
CONTRA COSTA ASSOCIATION OF REALTORS®, a Mutual Benefit California Corporation