IF USER DESIRES TO PURCHASE A PROPERTY IDENTIFIED ON THE SITE, USER MUST ENTER INTO A PURCHASE AND SALE AGREEMENT WITH THE CORRESPONDING SELLER. SUCH AGREEMENTS ARE NOT COVERED ON THE SITE.
1. Who May Use The Site.
1.1. User must be at least the age of majority in the state where User lives to use the Site.
2. Intellectual Property Ownership and License.
2.2. Trademark. AND, the AND logos and other AND trademarks, service marks, graphics, and logos used in connection with AND are trademarks or registered trademarks of AND in the U.S. and/or other countries. Other trademarks and logos used in connection with AND may be trademarks of their respective owners.
2.3. Data. The Data on our Site is the property of the individual providing the date. If at any time the Site displays MLS Data the MLS Data is the property of the individual MLS providing the data. Such MLSs have granted AND the necessary licenses to display the MLS Data on the Site.
2.4. Patents. One or more U.S. Patents may apply to the Services, in that event, such Patent is the property of the person(s) providing such Patent. If at any time the Site uses any Patent such owner(s) have granted AND the necessary licenses to use the Patent(s) on the Site.
2.5. Webscraping of Listing & Property Data is Not Allowed. Crawling the Sire and network sites is allowed for inclusion in web search engine results only. Webscrapping, downloading or webcrawling or any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is prohibited without written consent from AND.
2.6. Reservation of Rights. Except for the limited licenses that may be granted as detailed herein, AND reserves all of its intellectual property rights in the Site. This Agreement does not grant User any right or license with respect to any trademarks and logos.
2.7. Information Aggregation. AND is not responsible for any errors in displayed information or delays in displaying information. All information on the Sire is either transmitted to AND from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of AND by sending feedback but it is likely that such information accuracy cannot be corrected by AND and the entity or person that generated the information must be contacted. For example: incorrect listing information may only be changed by the third party listing agent.
2.8. Notice. AND respects the intellectual property rights of others, and asks that everyone using the Site and Services do the same. Anyone who believes his/her work has been reproduced on the Services in a way that constitutes copyright infringement may notify AND by providing the following information:
2.8.1. Identification of the copyrighted work that you claim has been infringed;
2.8.2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
2.8.3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
2.8.4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
2.8.5. Notices of copyright infringement claims should be sent as follows:
By mail: Arrington National Development, LLC
820 2nd Street
Encinitas, California 92024
3. Registration and User Responsibility
4. Equal Housing Opportunity
4.1. 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.
5. User’s Submissions and Community Guidelines.
5.2. Site Community Guidelines. Be respectful. We welcome debate, but do not tolerate disrespectful language or personal attacks. Please avoid controversial topics such as politics, race, religion, and sexuality. We reserve the right to edit or remove any controversial content.
5.2.1. No solicitation. Real estate agents and other professionals are welcome, but must not promote his/her services. Users may include your brokerage, but no contact information or website addresses, unless approved in writing by AND.
5.2.2. No spamming. Please do not post advertising, junk mail, span, scams or chain letters.
5.2.3. No illegal or offensive posts. Any content that contains illegal, inflammatory, libelous, obscene or pornographic material will be removed.
5.2.4. No public posting of private information or other person(s) unpublished contact information. This also includes communications from community administrators and moderators.
5.2.5. Moderation. We reserve the right to monitor content and delete or retain content in our sole discretion.
5.3. License. User grants AND a perpetual, unlimited right to use reproduce, modify, distribute, and display User’s Submissions worldwide to any media. AND may, but is not obligated to, post the name User associates with the Submission. Additionally, User grants AND a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information User provides directly or indirectly to AND, without any further consent, notice and/or compensation to User or to any third parties.
5.4. Disclaimer. AND takes no responsibility and assumes no liability for any Submissions posted by User or any third party. AND may not monitor or control the Submissions posted via the Services and, AND does not take responsibility for such Submissions. Any use or reliance on any Submissions or materials posted via the Services or obtained by User through the Services is at User’s own risk. Do not publish any private information that User does not wish to make public, or information that is subject to third party rights that may be infringed upon my User’s disclosure to any forum, or elsewhere on the Site. AND IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY INFORMATION/DATA USER POSTS ON THE SITE.
5.5. Forum. AND offers forums where Users can post his/her observations and comments on designated topics. AND in its sole discretion, may close any User Account, and/or remove any content from the Site if the content violates the Agreement.
6. How AND May Communicate with the User
6.1. For purposes of responding to user and providing user with information and notices about User’s Account or the Services (such as information about a property you may be interested in) User agrees that AND may communicate with User though the contact information associated with User’s Account, including your e-mail, telephone, or the postal address User provides, if any. AND has no liability arising from User’s failure to maintain accurate contact or other information, including, but not limited to User’s failure to receive critical information about the Services. Through the Services, User may make requests for home tours, real estate agent contact, help selling or buying a property or other request. By making hose requests, User authorizes AND to share User’s personal information including User’s search history, favorites, and etc. with a third party. When User makes such request to AND User is extending an express invitation for AND, or another appropriate entity or person, to contact User.
7. Third Party Sites
8. Site Applications
8.1. The Site offers services through applications built using the Site’s platform (“Site Applications”). Example of Site Applications include, without limitation, its smart phone applications, and Site “Share” buttons, which allow User to share User’s activities on the Site with User’s friends using social media and/or email. User acknowledges User is responsible for all charges and necessary permissions related to accessing the Site through User’s mobile access provide.
9.1. User may deactivate User’s account at any time. After User deactivates his/her account, User will no longer have access to the Services available to User through such account. If User wishes to deactivate User’s account, please contact Customer Service. AND may terminate this Agreement or User’s account at any time, without notice.
10.1. User agrees to indemnify AND and hold AND harmless for all damages, losses, and costs (including but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (a) User’s failure to comply with this Agreement, including, without limitation, User’s submission of content that violates third party rights or applicable laws, (b) any Submissions or information User provides to the Services, and/or (c) any activity in which User engages on during User’s use of the Site or using the Services.
11.1. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE/OWNER AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF USER IS DISSATISFIED OR HARMED BY OWNER OR ANYTHING RELATED TO OWNER, USER MAY DEACTIVATE ITS USER ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 (“TERMINATION”) AND SUCH TERMINATION SHALL BE USER’S SOLE AND EXCLUSIVE REMEDY. OWNER IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. USER DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, OWNER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF USER’S IDENTITY OR INFORMATION BY OTHERS. OWNER DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. OWNER DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, OWNER DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO USER.
12. Limitation of Liability
13. Dispute Resolution
13.1. Any claim or controversy arising out of or relating to the use of the Sites, to the goods or services provided by AND, or to any acts or omissions for which User may contend AND is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in Franklin, Tennessee. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by AND. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Franklin, Tennessee. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
13.2. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between User and AND, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Franklin, Tennessee. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.