2.2 You further agree that you will not: a) take any action that imposes or may impose (in Website Owner’s sole discretion) an unreasonable or disproportionately large load on Website Owner’s infrastructure; (b)copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Website without Website Owner’s express prior written consent and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (d) bypass Website Owner’s robot exclusion headers or other measures Website Owner may use to prevent or restrict access to the Website.
LINKS TO OTHER WEBSITESThe Website may contain links to other websites and advertising and content of third parties (“Third Party Content”). The Third Party Content is provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that Website Owner is not responsible for, and does not endorse the Third Party Content or anything that may be delivered to you or your computer as a result of accessing any Third Party Content or using any related third party product or service, whether or not Website Owner is affiliated with the owners of such Third Party Content. Without limiting the generality of the foregoing, Website Owner is not responsible and shall have no liability for (i) any viruses or other illicit code that may be downloaded through a link found on the Website, or by accessing Third Party Content or (ii) any advertising, information, content, services or products provided to you from of any third parties.
6.2 If you create a Link, Your Website shall not: (a) Create frames around the Website or otherwise alter the visual presentation of the Website. (b) Expressly state or otherwise imply that Website Owner is endorsing you, your products or services, or the content of Your Website. (c) Expressly state or otherwise imply an affiliation between you and Website Owner without the prior written consent of Website Owner. (d) Misrepresent your relationship with Website Owner or present false or misleading impressions about Website Owner’s products or services. (e) Disparage the Website or display the Link in a manner that that diminishes Website Owner’s goodwill. (f) Include or display any material which is immoral, unethical, illegal or inappropriate for a professional website.
6.3 You acknowledge and agree that you are not a publisher, distributor, agent, partner, franchiser or endorser of the Website, and Website Owner is not a publisher, distributor, agent, franchiser or endorser of Your Website. Website Owner retains exclusive editorial control over the Website and has the right to make administrative or operational decisions it deems necessary or desirable in the normal course of business.
6.4 You warrant to Website Owner that (1) you have duly registered the domain name of Your Website with all applicable authorities and/or have a license to use Your Website, and you possess all rights necessary to use such the domain name for Your Website, and (2) the content of and materials placed on or within Your Website, and any hyperlinks on Your Website, do not and will not (i) infringe upon or violate any United States copyright, patent, trademark or other proprietary right of a third party, or (ii) violate any applicable law, statute, regulation, or non-proprietary right of a third party.
PROPRIETARY RIGHTSYou acknowledge and agree that the trademarks of Website Owner (the “Marks”), the Website, the Listing Content, the compilation or real estate listings, and the content and look and feel of the Website, to the extent protectable, are proprietary, original works of authorship of Website Owner, or licensors of Website Owner, protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, the Website, and the content and look and feel of the Website are and shall remain with Website Owner or its licensors. You agree not to contest or infringe these rights, directly or indirectly, at any time. Without the prior written consent of Website Owner, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of Website Owner or its licensors, and is prohibited. Except as expressly provided under this Agreement, you may not use on any website, including Your Website, or on any other materials, the Marks, or any other trademarks or copyrighted materials appearing on the Website, including without limitation any logos, without the express prior written consent of the owner of the mark or copyright.
INTERRUPTIONS IN SERVICEThe Website and access to the content of the Website may from time-to-time be unavailable to you or users of Your Website, whether because of technical failures or interruptions, intentional downtime for service or changes to the Website, or otherwise. You agree that Website Owner shall have no liability of any nature to you or any third party for any modifications to the Website, and any interruption or unavailability of access to the Website or its content.
CONTENT YOU PROVIDETo the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) content on or through the Website, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all content that you provide or otherwise make available via the Website. You also warrant and represent that you own or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to Transmit such content, and to transfer your or others’ interests in such content to the Website Owner as provided below.
You promise that you will not use the Website to transmit any content: (i) not related to appropriate subject matters; (ii) which is misleading to others, including consumers; (iii) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iv) that you do not have a right to post and transmit under any law or under contractual relationships; (v) such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vi) that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
By Transmitting content to the Website, you grant, and you represent and warrant that you have the right to grant, to Website Owner an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the content and to prepare derivative works of, or incorporate into other works, the content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of the Website, you grant Website all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the Website and any other site authorized or owned by Website Owner or by any party for any purpose.
NO WARRANTIES; EXCLUSION OF LIABILITYYou understand and agree to the following:
a) YOUR USE OF AND RELIANCE UPON ANY AND ALL CONTENT AND SERVICES, INCLUDING WITH RESPECT TO ANY REAL ESTATE LISTING, CONTAINED IN OR PROVIDED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. SUCH CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEBSITE OWNER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE DATA, METHODS, OR CONTENT CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. WEBSITE OWNER DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBSITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) IN NO EVENT WILL WEBSITE OWNER BE LIABLE TO YOU, ANY USER OF THE WEBSITE OR YOUR WEBSITE, OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE CONTENT CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. ANY CONTENT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE WEBSITE, OR ANY LINKED WEBSITE, IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, YOUR WEBSITE, LOSS OF DATA, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, THE RELIANCE UPON OR USE OF DATA, CONTENT, OPINIONS OR OTHER MATERIALS APPEARING ON THE WEBSITE OR A LINKED WEBSITE, OR OTHER PERSONAL LOSS THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY MATERIAL ON THE WEBSITE OR A LINKED WEBSITE.
c) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WEBSITE OWNER BE LIABLE TO YOU, OR ANY USER OF THE WEBSITE OR YOUR WEBSITE, OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, OF ANY NATURE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON CONTENT OR SERVICES OBTAINED BY OR PROVIDED THROUGH THE WEBSITE, OR FOR ANY ERROR OR OMISSION, OR OTHERWISE IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.4 There are no third party beneficiaries of these Terms and Conditions.
11.6 We respect your privacy and encourage you to read our Privacy Statement so you can make an informed decision about using the Website
COPYRIGHTAll materials on the Website (as well as the organization and layout of the Website) are owned and copyrighted or licensed by Website Owner, its corporate affiliates or its third-party vendors. © Pikes Peak Association of REALTORS®, Inc. 2016, all rights reserved and/or © Pikes Peak REALTORS® Services Corp. 1993-2016, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Website is permitted without the written permission of the Website Owner. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Website Owner’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
Pikes Peak Association of REALTORS®, Inc.
Pikes Peak REALTOR® Services Corp.
Attn: Director of Information Technology
430 N. Tejon Street, Suite 101
Colorado Springs, CO 80903
Telephone: (719) 633-7718