Terms of Service

Last Updated: Sep 17, 2024

By using RealtyCandy’s products, software, services, or websites (“RealtyCandy Services”), you agree to the following terms and conditions, and any related policies, guidelines, or amendments, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”). We reserve the right to update these Terms in the future.

Customer Support

RealtyCandy offers customer support via telephone and email from Monday to Friday, between 10 AM and 5 PM MST/MDT. We provide technical assistance for errors or issues with our services at no extra cost.

Please note that RealtyCandy reserves the right to cancel or disable an account if we determine, at our sole discretion, that a customer or their primary contact has exhibited a pattern of abusive, irrational, or disruptive communication with our Customer Support, Tech Support teams, or any RealtyCandy employee.

Appropriate Conduct

You are solely responsible for any information, data, text, emails, listings, software, photographs, graphics, videos, messages, or other materials (“Content”) that you create or provide through RealtyCandy. While RealtyCandy reserves the right to review, flag, filter, refuse, modify, or remove any Content available through our services, we are not obligated to do so. Please be aware that using RealtyCandy services may expose you to Content that some might find offensive, indecent, or objectionable. You use our services at your own risk.

You are responsible for your own conduct and any Content you create, transmit, or display while using RealtyCandy services, as well as any consequences that may arise from it. You agree to use RealtyCandy services solely for lawful and appropriate purposes and by our Terms and any relevant policies or guidelines.

You agree not to engage in any activity that interferes with or disrupts RealtyCandy services, servers, or networks connected to our services.

Additionally, RealtyCandy may establish separate policies or guidelines to govern the use of specific services, which will be incorporated into these Terms.

Proprietary Rights

RealtyCandy’s Rights

You acknowledge that RealtyCandy Services and any related software (“Software”) contain proprietary and confidential information protected by intellectual property laws and treaties. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on RealtyCandy’s Content, Services, or Software unless specifically authorized in writing by RealtyCandy or the appropriate third-party rights holders.

Subject to these Terms, RealtyCandy grants you a personal, non-transferable, and non-exclusive license to use the Software. This means you may not, and you agree not to allow any third party to:

  • Copy, modify, or create derivative works of the Software
  • Reverse engineer, decompile or disassemble the Software
  • Sell, assign, sublicense, or transfer any rights in the Software

except as permitted by law or expressly authorized in writing by RealtyCandy.

You also agree not to use modified versions of the Software to gain unauthorized access to RealtyCandy Services. Additionally, unless expressly authorized by RealtyCandy, you agree not to use, copy, imitate, or incorporate any trademarks, service marks, trade dress, company names, or product names in a way that could confuse consumers.

Your Rights

RealtyCandy does not claim ownership or control over the Content you submit, post, or display on or through our Services. You, or a third-party licensor, retain all rights, including patent, trademark, and copyright, to your Content and are responsible for protecting those rights.

By submitting, posting, or displaying Content intended for public dissemination on RealtyCandy Services, you grant RealtyCandy a worldwide, non-exclusive, royalty-free license to:

  • Reproduce, adapt, modify, publish, and distribute such Content
  • Use the Content to display, promote, and distribute RealtyCandy Services

This license allows RealtyCandy to use your Content across its Services and in connection with any other RealtyCandy offerings. RealtyCandy also reserves the right to syndicate your Content and to refuse, remove, or modify Content at our sole discretion.

You warrant that you have all necessary rights, power, and authority to grant these rights to any Content you submit.

Grant of License

This License Agreement (the “License”) permits you to use RealtyCandy’s Software with a single login on one domain name (URL). RealtyCandy licenses the Software either to individual users or, for multiple users, through Multiple User Licenses and Site Licenses. Each user must have a license, either individually or as part of a group.

A Multi-User License allows a specified number of users to access the Software at any given time but does not cover concurrent use across multiple domain names (URLs) unless RealtyCandy explicitly agrees to such use and you purchase it at an additional cost. The Software can be accessed through a web browser or links from various sources and may be hosted within one primary domain name (URL), unless otherwise specified in the service agreement.

Limitations on License

Except as expressly permitted by these Terms, RealtyCandy does not grant you any rights to:

  • Use, display, access, distribute, transfer, alter, or modify the licensed content, or create derivative works based on it.
  • Download, distribute, export, deliver, or transmit the licensed content to any computer or other electronic device.
  • Sell, grant access to, or sublicense the licensed content, or any part of it, to any third party.

You must take all reasonable measures to protect the licensed content from unauthorized access, distribution, copying, or use. Additionally, you agree not to use crawlers, rogue bots, site scrapers, or any automated scripts or methods to mine listing content from your account or any other accounts within the system.

If you breach these limitations, RealtyCandy may block your access to our servers and terminate your account without prior notice.

Email Services

You agree to the following conditions when using RealtyCandy Services:

  1. No Spamming: You will not use RealtyCandy Services for “spamming” or any similar activities, as determined by RealtyCandy at its reasonable discretion.
  2. Secure Information: You will keep all identification, passwords, and other confidential information related to your site secure. You must notify RealtyCandy immediately if you become aware of any unauthorized use of your site or a breach of security, including the loss, theft, or unauthorized disclosure of passwords or other security details.
  3. Lawful Use: You will not use RealtyCandy Services for any unlawful purpose.
  4. No Restriction of Others: You will not engage in any conduct that restricts or inhibits others from using or enjoying RealtyCandy Services. Additionally, you will not undertake any actions that could expose RealtyCandy, its customers, or its suppliers to liability or harm.
  5. Equipment Responsibility: You are solely responsible for obtaining, maintaining, and paying for all telephone, computer hardware, and other equipment necessary to access and use RealtyCandy Services.

Malware, Spyware, and Wrappers

You agree not to distribute, either intentionally or unintentionally, any malware, spyware, or other harmful code that RealtyCandy deems a liability. RealtyCandy reserves the right to disable any account involved in such activities.

Software and Automatic Updates

The Terms of this Agreement, along with any additional terms and conditions specified in the end-user license agreement for Software provided by RealtyCandy, govern your use of such Software. RealtyCandy may automatically collect version numbers or diagnostic information and may automatically download updates to the Software. These updates may include bug fixes, patches, new features, and enhancements to improve RealtyCandy Services.

General Practices Regarding Use and Storage

You acknowledge that RealtyCandy is not responsible for the deletion or failure to store any Content or communications maintained or transmitted through RealtyCandy Services. While RealtyCandy may not impose fixed limits on the number of transmissions or amount of storage space you use, we reserve the right to set such limits at our sole discretion, with or without notice.

Modifications to Service

RealtyCandy reserves the right to modify, temporarily or permanently, or discontinue RealtyCandy Services, in whole or in part, with or without notice. You agree that RealtyCandy will not be liable to you or any third party for any modifications, suspensions, or discontinuations of our Services.

Termination

You may stop using RealtyCandy Services at any time. RealtyCandy may, at its sole discretion and for any reason, including account inactivity, terminate your access to RealtyCandy Services, terminate the Terms, or suspend or close your account. Upon termination, RealtyCandy will disable your account, and you will lose access to RealtyCandy Services, your account, and any files or content contained within it. Certain provisions, including Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions, and Limitations, as well as choice of law, severability, and statute of limitations, will continue to apply even after termination or expiration of these Terms.

LINKS

RealtyCandy or third parties may provide links to other websites or resources. RealtyCandy does not control these external sites or resources and is not responsible for their availability. You acknowledge that RealtyCandy does not endorse or assume any liability for the content, advertising, products, or other materials found on or accessible through these external sites or resources. Additionally, RealtyCandy is not liable for any damage or loss, directly or indirectly, resulting from the use of or reliance on any content, goods, or services available on such sites or resources.

Client Announcements

RealtyCandy reserves the right to publish links to customer websites and positive feedback on our own website and other public platforms, including news websites, blogs, and industry-specific sites. If you prefer that we do not use your positive experiences or announce your use of our services, please notify us in advance. If we receive such a notice after publication, we will promptly remove any related content.

Newsletter/Update Opt-In

By using RealtyCandy Services, you agree to be included in our newsletter and receive updates about new features and other announcements via email. You can opt out of these communications at any time by following the instructions provided in the emails.

Indemnity

You agree to indemnify and hold harmless RealtyCandy and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, and partners (collectively, “RealtyCandy and Partners”) from any third-party claims related to your use of RealtyCandy Services, any violation of these Terms, or any other actions connected with your use of RealtyCandy Services. This includes any liability or expenses arising from claims, losses, damages (both actual and consequential), suits, judgments, litigation costs, and attorneys’ fees of any kind.

If RealtyCandy is served or notified of any such third-party claim, lawsuit, or action, we will promptly provide you with written notice of the claim, lawsuit, or action, within a reasonable time frame.

Disclaimer of Warranties

You understand and agree that:

  1. You use RealtyCandy services at your own risk. RealtyCandy provides its services on an “as is” and “as available” basis. To the fullest extent allowed by law, RealtyCandy disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  2. RealtyCandy does not guarantee that:
    • The services will meet your needs,
    • The services will be uninterrupted, timely, secure, or error-free,
    • The results obtained from using the services will be accurate or reliable,
    • Any products, services, or information you obtain through RealtyCandy will meet your expectations, or
    • Any errors in the software will be fixed.
  3. Any material you download or obtain through the use of RealtyCandy’s services is done at your own discretion and risk. You are solely responsible for any damage to your device or loss of data that may result from downloading or using such material.
  4. No advice or information, whether oral or written, that you obtain from RealtyCandy or through its services will create any warranty not expressly stated in these terms.

Limitation of Liability

You agree that RealtyCandy will not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses. This applies even if RealtyCandy or its affiliates have been informed of the possibility of such damages, and includes damages arising from:

  1. The use or inability to use RealtyCandy services,
  2. The cost of obtaining replacement goods and services due to purchases, information, or transactions made through RealtyCandy,
  3. Unauthorized access to or changes made to your data,
  4. Statements or actions of any third party using RealtyCandy services, or
  5. Any other issues related to RealtyCandy services.

Exclusions and Limitations

RealtyCandy does not intend to exclude or limit any rights or liabilities that cannot be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions, or the limitation of liability for negligence, breach of contract, or incidental damages. In such cases, only the lawful limitations mentioned above will apply to you. RealtyCandy’s liability is limited to the fullest extent permitted by law.

No Third-Party Beneficiaries

These terms do not create any third-party rights, except where explicitly stated.

Notice

RealtyCandy may notify you of changes to the terms by email, regular mail, or postings on its website.

General Terms

Entire Agreement: These Terms, along with any related policies or guidelines, represent the entire agreement between you and RealtyCandy and replace any previous agreements regarding the use of RealtyCandy services.

Choice of Law and Forum: The laws of Utah will govern these Terms. Any disputes will be handled in the courts of Washington County, Utah.

Waiver and Severability: If RealtyCandy doesn’t enforce any part of these Terms, it doesn’t waive the right to do so in the future. If a court finds any part of the Terms invalid, the remaining sections will still apply.

Section Headings: Section titles are for convenience and have no legal impact.