This has some intense legal language from our lawyers. It uses words such as "infringement" and phrases such as "subsequent manipulations or analyses," so you know it's important stuff. It even seems to yell at one point when entire paragraphs are in all-capital letters. Don't be offended. We just want to make sure you understand all the rules.
Okay, here’s the first legal-jargon paragraph:
When using rairc.com, please keep the following guidelines in mind.
The information posted on the website is owned by RAIRC or someone else and cannot be reproduced or otherwise used by you without the owner's permission.
Where you are given the opportunity to post information or pictures to the website for viewing by others, be sure that such information or pictures are not inaccurate, unlawful or infringing upon the rights of others.
Please don't interfere with other RAIRC members' privacy expectations by scraping or otherwise using their personal information, our code, etc. for your own (or anyone else's) commercial or non-commercial purposes.
If you witness any violation of this agreement, please report it to firstname.lastname@example.org.
Okay, still with us? That was a taste of what's to come when our lawyers kick the legal talk into high gear. Grab your favorite beverage and get ready…
In consideration of being allowed to use this web site, you agree to be bound by the terms and conditions of this agreement. Use of this web site in any manner shall constitute your acceptance of the following terms:
1. Passwords. Members of RAIRC will be issued a user ID and password (which you may subsequently change) to access password-protected sections of the website. You agree not to provide your user ID or password or to otherwise grant access to password-protected sections of the web site to any other person and, if you do so in violation of this Agreement, you will be held responsible for: (a) providing access to the web site in violation of the terms of this Agreement, (b) the online conduct of such person; (c) monitoring such person’s access to and use of the website; and (d) the consequences of any use of the web site by such person.
2. Restrictions on use. This website is owned and operated by RAIRC and contains data, text, graphics, code, software and other content ("Website Content") that is supplied and owned by RAIRC and other sources, and is protected by copyright, trademark and other applicable laws. Unless otherwise expressly and specifically permitted by usage terms relating to specific Website Content, you may not:
• modify, copy or reproduce the Website Content;
• republish, upload, post, transmit or publicly display the Website Content to or through your personal web site, e-mail or any other medium;
• prepare derivative works based on the Website Content; or
• provide or distribute the Website Content to third parties, or allow any third parties to use Website content.
Provided RAIRC members keep intact all copyright and other proprietary notices, they may print, download and use Website Content for:
• personal reference,
• use in RAIRC members' real estate business provided such use conforms to any usage terms posted on the web site
• other uses where express written consent is obtained from RAIRC (including consent posted on this website) and such use is in accordance with the terms of the written consent.
Screen scraping or using other means to extract Website Content or data in bulk from this web site or its related applications is strictly prohibited.
3. Information provided by you. Some of the services offered in connection with the website require or permit you to provide information. If you use such services, you agree to:
• provide accurate, truthful and complete information;
• refrain from entering false, misleading, fraudulent, discriminatory, infringing, defamatory or illegal information;
• obtain the necessary use rights needed to use and display any content you post to the web site;
• regularly and promptly update or delete content that becomes out-of-date
• allow others to use the information you post in accordance with the purpose of the particular service where the information is used; and
• promptly remove any information that is thought to violate the above provisions upon the request of RAIRC.
You will be responsible for all content you provide for use on the web site; RAIRC will not be responsible for the content you provide for display on the website. RAIRC and its service providers reserve the right to take any action reasonably necessary upon notice of a potential claim to mitigate their exposure to liability for contributory or vicarious infringement, defamation or other claims arising from, relating to or based upon any content you provide to the website, including removing such content and turning off your access to the website or portions thereof. Such action will not be considered a breach or default by RAIRC or its service providers.
5. Website content ownership; trademarks. Website Content (other than that which you provide) is owned by RAIRC and its licensors. The Website Content is intended solely to provide business information to authorized users of the website. RAIRC and licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, the views, opinions or recommendations appearing on the website, or advocate the purchase, sale or use of any Website Content, service or product offered in connection with the website. rairc.com is the registered trademark of RAIRC, and all trademarks, service marks and trade names used on the website are the property of RAIRC, its subsidiary, or their respective owners, and may not be copied, downloaded or otherwise exploited without the permission of RAIRC or the owner of such trademark, service mark or trade name.
6. Infringement policy. RAIRC, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. RAIRC accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. RAIRC has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). If you believe your copyright material is being used on this site without permission, please notify the designated agent at:
Carol W. Hawk
Realtor Association of Indian River County
3250 67th St
Vero Beach, FL 32967
772 567 3510
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent, listed above, and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. 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. Similarly for other types of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory 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.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to RAIRC or to any Permitted Employee [RAIRC member or employee] or to any third party or to any other person who may receive information in the Service or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
8. Warranty disclaimer. THE WEBSITE CONTENT AND FUNCTIONALITY PROVIDED IN CONNECTION WITH THIS WEB SITE, AND THIRD PARTY SITES, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RAIRC DOES NOT WARRANT THAT THIS WEBSITE AND ITS FEATURES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE, INCLUDING THE COMMUNITY AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RAIRC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF USE OF THE WEBSITE CONTENT OR THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, APPROPRIATENESS IN A GIVEN SITUATION, TIMELINESS, RELIABILITY OR OTHERWISE.
YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE WEBSITE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THIS WEBSITE, INCLUDING THE INFORMATION PROVIDED HEREIN, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER; YOU (AND NOT FAR) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
9. Limitation of liability. IN NO EVENT SHALL FAR OR ITS SUBSIDIARY COMPANIES NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR BASED ON THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY WEBSITE CONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FLORIDA REALTORS OR ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT RAIRC AND ITS SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEB SITE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Indemnification. You agree to defend, indemnify and hold harmless RAIRC and its subsidiaries and suppliers and their respective directors, officers, employees and agents, from and against claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorneys fees at all levels) arising out of or based on (a) any material posted or otherwise provided by you that is illegal or infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the website; (c) your entry of false, misleading, fraudulent, discriminatory or defamatory information into, or your omission of material information from, a database, form, Web board or other discussion forum provided through the web site; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by third parties arising from or related to your access or use of the web site.
11. Termination. This Agreement and the license rights granted hereunder can be terminated at any time by RAIRC and for any reason and without notice. You may terminate at anytime by discontinuing use. Termination or suspension of this Agreement or your access rights shall not affect any right or relief to which RAIRC or its subsidiaries may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to RAIRC and its licensors.
12. Modification. RAIRC reserves the right to amend this Agreement, with such amendments becoming effective upon notice thereof, which may be provided to you by posting on the website, via email or any other reasonable means. Continued use of the website by you shall be deemed to indicate your acceptance of any such amendments. RAIRC also reserves the right to modify, add or discontinue any aspect, content or feature of the website at any time without notice to you.
13. Non-U.S. access. This website is controlled and operated by RAIRC from its offices within the state of Florida, United States of America. RAIRC makes no representation that the Website Content is appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this website is further subject to United States export controls. No software from this website may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. Dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law, and venue will be in Vero Beach, Florida, with each party agreeing not to contest or seek to change venue.
15. Miscellaneous. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of RAIRC. Any assignment other than as provided for in this Section shall be null and void. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. Sections 7, 8, 9, 10, 14 and 15 will survive termination of this Agreement.
Digital Millennium Copyright Act ("DMCA")
RAIRC respects the intellectual property rights of others and expects you to do the same. Per the DMCA, RAIRC will respond expeditiously to claims of copyright infringement on the Site if submitted to RAIRC's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, RAIRC will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have been violated by RAIRC or by a third party who has uploaded materials to the Site, please provide the following information to RAIRC's designated Copyright Agent listed below:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, telephone number, and e-mail address where NAR can contact you and, if different, an e-mail address where the alleged infringing party, if not NAR, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
f. Your electronic or physical signature.
RAIRC may request additional information before removing any allegedly infringing material. In the event RAIRC removes the allegedly infringing materials, RAIRC will immediately notify the person responsible for posting such materials that RAIRC removed or disabled access to the materials. RAIRC may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
RAIRC reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact RAIRC's Copyright Agent. Please include sufficient information to assist RAIRC in determining that the user repeatedly engaged in infringing activity.
RAIRC registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). RAIRC's designated Copyright Agent is:
Carol W. Hawk
REALTORS® ASSOCIATION OF INDIAN RIVER COUNTY INC
3250 67TH ST
Vero Beach, FL 32967