Welcome to our Site. We are a real estate listing website located in South Carolina. You can learn more about the home buying or selling process, contact us and browse and search for local real estate listings on our site (“The Site”).
You must agree to these Terms before using the Site or any of the services offered through the Site (collectively, the “Service”). These Terms constitute a binding contract between us ( “we” or “us”) and you (“you”). BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.
Scope of Use. The purpose of this Site is to assist customers and brokers in having access to the real estate rental and sales listings set forth herein and any other services offered by us. You represent that you are a prospective purchaser, seller, lessee or lessor of real property in the geographic areas where we operate with a bona fide interest in the purchase, sale or lease of such real property.
Registration Required. You must complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of the Service.
Minimum Age. You must be eighteen (18) years of age or older to register for an Account.
Password and Identity. You may not share your password with anyone else. Any use of the Service through your Account will be deemed as being used by you. We are entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
Consent to Contact. BY REGISTERING FOR AN ACCOUNT, YOU CONSENT TO RECEIVE PERSONALIZED EMAILS, TELEPHONE CALLS AND/OR FAXES FROM us. You must always provide accurate, current and complete information to us for the Service. You must update such information in a timely manner to maintain its accuracy and completeness.
POSTING CONTENT ON THE SITE.
Your Warranties Regarding Your Content.You may post to the Site or otherwise submit to us your content, including without limitation comments regarding property listings, feedback regarding the service, or any other ideas, suggestions, documents or proposals. By submitting your Content, you warrant,represent and agree that:
You own your Content or have sufficient rights in your Content to grant to us the rights described in these Terms.
Your Content does not and will not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
Your Content is true and accurate to the best of your knowledge;
Your Content does not include confidential or proprietary information;
If we so choose, we may use and disclose your Content in any way; and
We have no obligation to pay or reimburse you for your Content or our use of your Content.
Content Protected by Intellectual Property Rights.Any content available through the Site, including applications, software, text, audio, video, photos, pictures, graphics, music, sound clips, images, likenesses,personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of is or our licensors. All right, title and interest in and to the Site and any Content will remain the exclusive property of us and our licensors.
Prohibited Content.You must not post to the Site any Content that, as reasonably determined by us, is or appears to be the following:
untrue, misleading, harmful, threatening, fraudulent, abusive, harassing, defamatory, vulgar,obscene, invasive to another person’s privacy or protected data, hateful, or racially, morally or otherwise objectionable;
infringing upon or misappropriating a third party’s intellectual property rights, including any
patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement or misappropriation;
Listing Services. You acknowledge that the individual listing services, including the residential listing service and the multiple listing service, which supply the listing data to the Site, own such data, and you acknowledge the validity of their respective copyrights to such data.
MONITORING AND PROTECTION OF CONTENT.
No Duty to Monitor. We may provide certain forums on the Site for users to post feedback and opinions regarding the Content. You acknowledge and agree that we are not obligated to monitor, restrict or filter any Content posted anywhere on the Site. We do not regularly monitor the accuracy or reliability of Content. However, we reserve the right to modify or remove any Content at any time. Any Content posted or made available by third parties, including other users, are those of the respective author(s) and not of us. We neither endorses nor is responsible for the accuracy or reliability of any Content posted on the Site.
License by us to You. You must respect the intellectual property laws protecting the Site. We grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights we have in the Content, to privately display the Content on your computer and to download and print a single copy thereof, subject to the restrictions set forth herein.
Reservation of Rights. On our own behalf and the behalf of our licensors, we reserves all rights in the Content, including any software, not expressly granted in this Section. We do not in any way grant any other rights to you. Except as expressly stated in this Section, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from us or other third-party owner of the rights in that Content (if any).
TERM AND TERMINATION.
These Terms shall remain in full force and effect until terminated in accordance with this Section.
Right to Terminate. We may, at any time, terminate your access to the Site, and your Account, for any reason, consistent with local, state and federal fair housing and other laws, including if we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of us, our users, or any other person.
ADVERTISEMENTS AND OTHER LINKS TO THIRD PARTY SITES.
Our Site may contain advertisements and other links to third party web sites. The advertisements and other linked sites are not part of the Site and are not under our control. Consequently, we are not responsible for the accuracy,legality, decency, availability or content of any advertisement on our Site, any linked site, any link contained in alinked site, or any changes or updates to such sites. We provide the links to you only as a convenience, and we do not endorse the advertiser, the product or service advertised, the linked site or its use or contents. You use the links at your own risk. You hereby irrevocably waive any claim against us with respect to any such advertisements or third party sites.
WARRANTY AND INDEMNIFICATION.
No Warranty. ALL INFORMATION, CONTENT, AND SERVICE AVAILABLE THROUGH THE SITE ARE FOR INFORMATION PURPOSES ONLY AND ARE PROVIDED BY US ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Without limiting the generality of the forgoing, we, our owners, affiliates, officers, directors, employees, agents, contractors,content or service providers (including listing service providers), investors, successors and assigns specifically disclaim any and all warranties, express or implied by statute or otherwise, including but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tort, negligence or any other cause of action.
Use At Your Own Risk.Any listing on the Site may be updated, changed, modified, withdrawn, sold or rented at any time without notice. Any furnishings, decorations and artist representations are provided for illustrative purposes only. All square footage and dimensions are approximate. Before you act on any information you have found on the Site, you should independently confirm any facts that are important to your decision, including without limitation obtaining any exact dimensions by retaining the services of a professional architect or engineer. The information contained on the Site is not intended to be comprehensive, and may not be accurate, up-to-date or applicable to any particular case. IF YOU RELY ON ANY INFORMATION, CONTENT OR SERVICE AVAILABLE THROUGH THE SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, CONTENT OR SERVICE FROM THE SITE.NO MEMBER, OWNER, AFFILIATE, OR AGENT CAN ACCEPT ANY LIABILITY FOR ANY INACCURACIES OR OMISSIONS IN THIS SITE.
Indemnification. By choosing to use the Site, you agree to indemnify, defend and hold us harmless from any and all claims or damage, including attorney’s fees, arising out of or related to: (1) Content you choose to submit, post or transmit through the Site; (2) your use of or connection to the Site; (3) your violation of these Terms; or (4) your violation of any rights of another.
Limitation of Liability. To the extent permitted by applicable law, we shall be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of your access to or use of the Site or any information contained in it, or your inability to gain access to or use the site, or any breach of any warranty, even if we have been advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE.
NOTICES AND CONTACT INFORMATION.
Except as otherwise provided in these Terms, we will give you any notices, and you hereby authorize us to send notices (including notice of subpoenas or other legal process, if any), via electronic mail to the email address that we have on record for you. You will be considered to have received a notice when sent by us via electronic mail, whether or not received by you. We may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by us to the address that you have most recently provided is effective notice.
Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with us at all times. In addition, we encourage you to check back regularly to review these Terms.
Changes to Service. We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, excessively
violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension,discontinuance or removal, and any such action by us will not affect our license to your Content.
Agreement to Conduct Transactions Electronically. All of your transactions with or through the Site may,at our option, be conducted electronically from start to finish. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
Third Party Rights. These Terms are for the sole benefit of us, our officers, directors, employees, affiliates and agents. No other person, including any user of the Site, shall have the right to assert a claim under these Terms.
Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of us. Any attempt by you to assign, transfer or delegate these terms without the express written permission of us will be null and void. We have the right to transfer,assign and delegate these Terms to one or more third parties without your permission.
Export Limitations. This Site is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms.
Jurisdiction; Choice of Law; Waiver of Jury Trial. These Terms and all performances and claims of every nature between us are governed by the laws of the State of South Carolina, U.S.A., without regard to any conflict of laws principles that would result in the application of the law of a different jurisdiction. You submit to the exclusive personal jurisdiction and venue of the state and federal courts located within the County of Rock Hill. The parties hereto waive any right to request a trial by jury.
Limitations on Actions. Any action concerning any dispute with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
Entire Agreement. These Terms comprise the entire agreement between you and us with respect to the use of the Site and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein.
No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches.
ADDITIONAL OR REQUIRED NOTICES.
Notice Regarding Trademarks. The Site may include certain trademarks and service marks owned by us,our affiliates and others. You agree not to use these trademarks or service marks in any manner without the express written permission of the owner. You further agree that you will not alter or remove any copyright,trademark or other legal notice from any Content.
Notice Regarding Copyrights. We respect the intellectual property rights of others and requests that users of the Site do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), if you believe that your work is being used on the Site in a way that constitutes copyright infringement, you may notify us and provide the following information:
the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
identification of the copyrighted work that you claim has been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (for example, by providing a URL to the material);
your name, address, telephone number and email address;
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; and
a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
It is our policy to terminate in appropriate circumstances any Account or user for infringement of intellectual property rights, including copyrights. We may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.
Notice of Availability of Filtering Software. Minors are not authorized to visit our Site. We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
No Harvesting or Dictionary Attacks Allowed. We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAM Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
Equal Housing Opportunity. We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex,handicap, familial status or national origin.
CHARITABLE GIVING SERVICE FEE
For the use of the charitable giving service platform on the site, there is a service fee, which may vary, and a standard credit card processing fee on each transaction. The total service fee comprises the credit card processing fee due by us to the merchant, and our administrative service fee. We reserve the right to change our pricing at any time, with or without notice. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all taxes, levies, or duties associated with your donations hereunder, if applicable.
PERSONAL INFORMATION WE COLLECT
Personal information is information about an identifiable individual, which includes name, address, email address,telephone number, and other information that identifies you. We may collect personal information from you directly or indirectly. For example, when you submit your listing details if you are selling or your home search criteria if you are buying, you are asked to provide your name, address, email address, telephone number, information regarding the type, price, location and features of your desired property, and other personal information. You may also voluntarily provide us personal information if you email us, inquire about a property, call us, complete an online survey, or otherwise respond to a request from us for information.
Even if you do not register with us, we may automatically collect certain information concerning your visit, such as your Internet Protocol (IP) address and browser information, which will allow us to track your use of the Site. Upon your return to the Site and/or subsequent registration, we will update your profile with your previous search history in order to create a more complete user profile. See section below entitled “What are cookies and web beacons?”
We may also use a third party to help us gather and analyze information about the areas that you visit on the Site to evaluate and improve the client experience and the convenience of the Site, and to help us analyze some or all of the information that you provide to us.
HOW DO WE USE INFORMATION WE COLLECT
We use your information in a variety of ways to help us run the Sites, provide services to you, and communicate with you. Here are some examples of the ways we use your information:
• To facilitate the processing of a transaction between you and a third party
• To send you receipts
• To send you updates about the Sites
• To send you updates about activity on the Sites related to you
• To administer your account
• To respond to customer service inquiries
• To send marketing materials
• To improve our Sites and marketing efforts
In order for us to maintain the accuracy of your personal information and improve our communication with you, we may also combine the information we collect with other public demographic information.
This Site is not directed to children under the age of 13. We do not collect or maintain personal information, via the site or otherwise, from those we actually know are children under 13 years of age. If you are under 13, you should not submit any personal information to us. If you are the parent of a child under 13, please help us protect your child’s privacy by instructing them never to provide personal information on this Site or any other without your permission.
WHO DO WE SHARE YOUR INFORMATION WITH?
Information about our customers is important to our business. We are not in the business of selling personal information to unaffiliated third parties for their commercial use. Under certain circumstances and from time to time, we may share your personal information with third parties as set forth herein.
Owners and Sponsors. We may share your personal information with the owners and sponsors of listings on our Site if you are interested in a property. In addition, we may share your personal information with the owners and sponsors of other properties who may seek to sell or lease their properties through us.
Business Transfers. Your information may be transferred as an asset in connection with a merger or sale (including any transfer made as part of insolvency or bankruptcy proceedings) involving all or part of our businesses or as part of a corporate reorganization, stock sale or other change in corporate control.
COOKIES AND WEB BEACONS
To enhance your experience on the Site, we and some of our third party service providers use “cookies.” Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our Site. However, once you choose to register with personally identifiable information, this information may be linked to the data stored in the cookie.
“Web beacons” are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons or similar technology can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons or similar technology on the Site from time to time for this and other purposes.
In addition, when you visit the Site, third party vendors and advertisers also place or read cookies on your Internet browser. This is a common practice on the Internet; these cookies may be used to determine whether you have visited other web sites, to measure the effectiveness of advertising and links on other web sites, and to provide you with information of potential interest to you, among other purposes. This is not an exhaustive list of all uses of cookies on our Site.
Most Web browsers are set up to accept cookies. You can, however, set your browser to refuse all cookies or to indicate when a cookie is being sent. In addition, cookies can be easily and safely deleted from your system. See your browser’s help section for instructions. Should you choose to disable any cookies associated with the Site, you will not be able to take full advantage of all the Site’s features, but you should be able to navigate the Site without difficulty.
HOW WE PROTECT YOUR INFORMATION
We have in place what we believe to be reasonable physical, electronic and managerial procedures to safeguard the personal information we collect and help prevent unauthorized access and use of such data. Unfortunately, no collection or transmission of information over the Internet can be guaranteed to be 100% secure, and therefore, we cannot guarantee or warrant the security of any such information.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. Additionally, change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.
CHANGES AND UPDATES