1. Contract between You and Us.
2. Our Content.
You agree that the content and technology on HAR.com, including, but not limited to, textual, statistical, financial, photographic, video and audio components, selection and arrangement of data and all other data or communication, is exclusively owned or controlled by HRIS and/or its licensors, and is protected by United States copyright and intellectual property laws. You acknowledge that your use of the content and technology on HAR.com will be 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 content or technology from HAR.com. You agree to comply with any additional use restrictions which may be posted by HRIS at any time regarding the content and technology provided on HAR.com.
3. Your Content.
You alone are responsible for the content you create (and do not receive from us) such as your blogs, ratings, comments, reviews, articles, audio, video, photos or other data or communication that you submit to or transmit through HAR.com (“your content”). You retain your rights to your content, though we may use your content in a number of different ways, including reformatting it, publicly displaying it, incorporating it into advertising, creating derivative works from it and allowing other third parties to use it as distributed to them by us. You hereby irrevocably grant to us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable and transferable right to use your content as we choose. You represent and warrant to us that your content is not in violation of any laws, including, but not limited to, patent, privacy, copyright, trademark or other common laws, statutes or contractual rights. In addition to the indemnity provision in Paragraph 9, you agree to pay all royalties, fees, fines or any other monies owed to any person or entity as a result of your content submitted or posted on HAR.com. You agree that your content will not be unlawful, threatening, abusive, pornographic, harassing, violent, invasive, in violation of copyright, trademark, patent, trade secret or other rights, false, misleading, defamatory, tortious or discriminatory. You are solely responsible for the completeness and accuracy of your content, and you waive any claim that your content violates any of your rights to privacy. You also agree not to submit content and use HAR.com in a commercial manner such as advertising or promoting your services without a separate written agreement. We reserve the right, but have no obligation or responsibility, to remove or edit your content. We also reserve the right, at our sole discretion, to terminate your account and remove your content from HAR.com for any reason or no reason, though we reserve the right to store and use your content, even after termination, as previously expressed herein.
4. External Links.
5. Use Limitations and Enforcement.
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, directly or indirectly, from HAR.com. This prohibition includes, but is not limited to, the practice of “screen scraping” which we consider theft of our information and those who obtain our content in this manner will be liable to HRIS. By using HAR.com you warrant to HRIS that you will not use HAR.com or the content available through it for any unlawful purpose, tortious conduct or any prohibited use. If we determine, in our sole discretion, that you are in violation of the Agreement, then we may block your access to or use of HAR.com. In the event of termination, you will still be bound by the Agreement.
Some HRIS Services permit or require you to register or create an account to access certain areas of HAR.com. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s email, password or other account information, or another person’s name or likeness. You are responsible for all activities that occur through your account and password. You do have the right to terminate, control or modify information in your account settings at any time. HRIS reserves the right, at its sole discretion, to terminate or restrict your account at any time, with or without notice:
7. LIABILITY AND DAMAGES LIMITATIONS.
YOU USE HAR.COM AND ITS CONTENT AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR OWN NEGLIGENCE, WILL WE BE LIABLE TO YOU, AND YOU HEREBY RELEASE US FROM LIABILITY, FOR ANY ACTUAL, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE HAR.COM, OR CAUSED TO YOU FROM ANY CONTENT OR INFORMATION OBTAINED THROUGH HAR.COM, MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF INFORMATION, INTERRUPTIONS IN CELLULAR, WIFI OR INTERNET CONNECTION TO HAR.COM, VIRUSES, FAILURES OF PERFORMANCE WHETHER CAUSED IN WHOLE OR PART BY OUR CONDUCT OR BY OUR NEGLIGENCE, ACTS OF GOD, CELLULAR, WIFI OR INTERNET FAILURE, THEFT OR UNAUTHORIZED ACCESS TO HAR.COM OR YOUR ACCOUNT (OR RELATED INFORMATION, RECORDS OR YOUR PRIVATE INFORMATION). THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION ASSERTED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, IN EQUITY OR OTHERWISE.
8. WARRANTY DISCLAIMER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAR.COM AND THE CONTENT AND INFORMATION AVAILABLE THROUGH HAR.COM IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT HAR.COM WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, AUTHENTICITY, OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH HAR.COM. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO HAR.COM AND THE CONTENT AND INFORMATION AVAILABLE THROUGH HAR.COM, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HAR.COM AND THE INFORMATION AVAILABLE THROUGH HAR.COM ARE ALWAYS SUBJECT TO CHANGE.
YOU AGREE TO DEFEND AND INDEMNIFY US AND OUR PARENT COMPANY, AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS FROM ANY AND ALL EXPENSES, LOSSES, DAMAGES, LIABILITIES, SUITS, CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LITIGATION COSTS AND EXPERT FEES, INCURRED IN RELATION TO YOUR (OR ANY USER OF YOUR ACCOUNT(S)): 1) BREACH OF THE AGREEMENT; 2) USE OF HRIS SERVICES OR INFORMATION ON HAR.COM; 3) CONDUCT TOWARDS A THIRD PARTY; OR 4) CONTENT ON HAR.COM.
10. No Personal or Legal Advice.
The information contained in or made available by HAR.com does not and is not intended to convey any form of advice to you regarding the lease, sale or purchase of real property. Further, you are not relying on HAR.com for advice. The information on HAR.com cannot replace or be a substitute for the separate advice of a professional such as a Realtor® or a lawyer you may engage with respect to your understanding and use of the information on HAR.com. You acknowledge that we are not advising or recommending to you which Realtor® or licensee, if any, should be used for any matter, nor do we suggest what terms should be a part of any arrangement with a Realtor® or licensee. Any information received through a blog, article or a Realtor® or licensee on HAR.com is purely opinions of those individuals and should be independently verified. Likewise, any information you review or receive on or from HAR.com, including, but not limited to, information in relation to properties, Realtors®, licensees, HRIS Services, governmental entities, location data or all other data related to real estate, is purely informational, should be independently verified and you acknowledge to have not relied upon it, in part or in whole, in entering any transaction or making any decision.
11. Changes to Site or Agreement.
HRIS may make changes or improvements to the information, services, content or other materials on HAR.com at any time without notice. HRIS has the exclusive right to make modifications to the terms in this Agreement. Any modifications to the terms will become effective once posted on HAR.com.
13. Choice of Law, Jurisdiction and Venue.
This Agreement will be governed by laws of the State of Texas without regard to principles of conflicts of laws. You agree that the federal or state district courts in Harris County, Texas shall have exclusive jurisdiction and venue over you and for any action at law or in equity that arises out of or relates to the Agreement or HAR.com. Further, you waive any objection to such jurisdiction and venue.
14. Business Dealings.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the HRIS services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings related to this Agreement.
16. Entire Agreement.
This Agreement contains the entirety of the agreement between you and HRIS for the access to or the use of HAR.com and cannot be orally modified by you or us. This Agreement can be modified only by our posting of changes to it on HAR.com.
17. Copyright Notice.
It is expected that HAR.com will comply with applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or agent thereof and believe, in good faith, that there is a copyright infringement upon your copyrights on HAR.com, then please provide notice with the following information to the designated copyright agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Designated Agent
Executive Vice President
Houston Association of REALTORS®, Inc.
3693 Southwest Freeway
Houston, Texas 77027
We reserve the right, at our sole discretion, to delete or disable content alleged to be infringing and to terminate accounts of repeat infringers.
18. Copyright Counter-Notice.
If you believe that your content that has been removed from HAR.com is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the district where you live, or in the Southern District of Texas if you live outside the United States, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Upon receipt of your counter-notification, we may or may not, at our sole discretion, replace or re- enable access to your content at issue.
HRIS may suspend your ability to use all or any party of HRIS Services or may terminate this Agreement at any time and at its sole discretion, without notice or explanation. Any termination of your account or this Agreement may cause your content to be deleted, though we reserve the right to store and use your content as expressed in Paragraph 3. Further, Paragraphs 2, 3, 4, 5, 7, 8, 9 and 13 above survive any termination of this Agreement.