Terms & Conditions
Terms & Conditions
This website is operated by RealtyTerminus. Throughout the site, the terms “we”, “us” and “our” refer to RealtyTerminus. RealtyTerminus offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Violation of any of the terms below will result in the termination of your Account. While RealtyTerminus prohibits such conduct and Content on the Service, you understand and agree that RealtyTerminus cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
SECTION 1 - ONLINE SERVICES TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products/services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL ACCOUNT CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- To enable MLS® related functionality, you must hold a valid real estate license, provide a valid Agent ID (or Member Code) and have consent, as applicable, to enter into this agreement from your local real estate board, broker or any other authority as required
- To enable MLS® related functionality, you must sign a copy of the MLS® Reciprocity Salesperson Agreement, Member Website Broker Approval Form, or MLS® Reciprocity program depending on the requirements of your real estate board, broker or any other authority as required
- You take on full responsibility to follow all applicable MLS® rules, regulations, guidelines and local laws.
- RealtyTerminus reserves the right to disable or delete your account, without warning, if you have made your website available at a full domain name without setting up proper payment on your account. This includes forwarding a full domain to your RealtyTerminus temporary sub domain name, with or without domain masking.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your full name, a valid email address and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. RealtyTerminus cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and spam laws).
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- RealtyTerminus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees and yearly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the RealtyTerminus website or the Service itself.
- RealtyTerminus shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - CUSTOMER SUPPORT
- RealtyTerminus provides "standard" customer support for no additional cost. RealtyTerminus, in its sole discretion, will determine if your support request is considered to be outside the realm of "standard customer support", in which case you will be notified and presented with a time and cost estimate for your request.
- RealtyTerminus provides a free assisted setup / migration service which includes the setup or migration of a limited number of pages, searches, blog posts or other content on your website. RealtyTerminus, in its sole discretion, will determine if your assisted setup / migration request is considered to be free. If your request requires additional work, outside the realm of the free setup / migration service, you will be notified and presented with a time and cost estimate for your request.
SECTION 6 - PAYMENT, REFUNDS, UPGRADE AND DOWNGRADE TERMS
- A valid credit card is required for paying accounts.
- When you sign up for free, your website will be made available on a temporary sub domain name such as name.realtyterminus.net. When you are ready to launch the website live you will need to enter payment on your account before the website will be available at a full domain name (such as www.yourwebsitename.com).
- Your credit card will be billed every month or every year depending on the option you chose when activating your account.
- The Service is billed in advance on a monthly or yearly basis, depending on the option you chose when paying for your account, and is non-refundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for periods of time unused with a paid account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. RealtyTerminus does not accept any liability for such loss.
- If the credit card on your account is unable to be processed, or if your account is delinquent, we will attempt to notify you and provide a 2 week grace period for you to re-enter your payment details. If payment is not received within 2 weeks; your website may be locked, unavailable, deleted or disabled until payment on your account is setup. RealtyTerminus does not accept any liability for such loss.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - CANCELLATION AND TERMINATION OF SERVICES
- You are solely responsible for properly canceling the Service. You can cancel the Service at any time by logging into the admin end of your website and clicking the "Account" link from the navigation menu at the top of the screen. The account screen provides a simple cancellation link which will take you to the cancellation request form. Once you submit the cancellation form, we will process your request within 2 business days. In the event that your credit card was charged for your next renewal before we complete the cancellation, a full refund will be provided.
- Cancellation requests cannot be processed via phone, email or live chat. All cancellations must be done via the "Account" link in the backend of your RealtyTerminus website account. Contact us if you are unable to locate this page and we will send you a direct link.
- All of your content may be deleted from the Service upon cancellation. This information may or may not be recoverable once the Service is cancelled.
- If you cancel the Service before the end of your current paid pay period, your cancellation will take effect immediately and you will not be charged again.
- RealtyTerminus, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other RealtyTerminus service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. RealtyTerminus reserves the right to refuse service to anyone for any reason at any time.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall RealtyTerminus, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless RealtyTerminus and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW, COPYRIGHT AND CONTENT OWNERSHIP
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of BRITISH COLUMBIA, CANADA.
- All content posted on the Service is must comply with Canadian copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your content.
- RealtyTerminus does not pre-screen content, but RealtyTerminus and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.
- The look and feel of the Service is copyright RealtyTerminus, All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from RealtyTerminus.
- The web design, content, computer programs, backend code, included libraries, technical processes are owned by RealtyTerminus and their respective owners. You do not own any part of the website, web design, programming or content in any way, except for the content that you developed and added to your account.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - GENERAL CONDITIONS
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. We disclaim all terms, conditions, guarantees, representations and warranties (express, implied, statutory and otherwise), in respect of the service, including those of merchantability, non-infringement, title, quality and fitness for a particular purpose.
- You understand that RealtyTerminus uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, RealtyTerminus, or any other RealtyTerminus service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by RealtyTerminus.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any RealtyTerminus customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by RealtyTerminus) of other RealtyTerminus customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. We will contact you in advanced if we notice any unusually high bandwidth on your account.
- RealtyTerminus does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that RealtyTerminus shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if RealtyTerminus has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- If, despite the above limitations, we become liable to you in respect of the service, that liability will be limited to the fees you paid to us for your use of the service in the 3 months prior to the event giving rise to the liability.
- The failure of RealtyTerminus to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and RealtyTerminus and govern your use of the Service, superceding any prior agreements between you and RealtyTerminus (including, but not limited to, any prior versions of the Terms of Service).
- RealtyTerminus, at it's sole discretion, reserves the right to display a "Powered by RealtyTerminus", "Site Powered by RealtyTerminus" or "Real Estate Website by RealtyTerminus" text or graphic link at the bottom of your website, IDX or hotsheet account. Unauthorized removal of this link will result in the deactivation or deletion of your Account.
- Questions about the Terms of Service should be sent to support at realty terminus dot com.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]