RealtyCandy Terms of Service
By using RealtyCandy products, software, services or web sites ("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. You can find the most current version of the Terms on the RealtyCandy website at https://realtycandy.com/terms
CUSTOMER SUPPORT
RealtyCandy provides customer support by telephone and email, Monday through Friday, between 10 AM and 5 PM MST/MDT. RealtyCandy provides technical support relating to errors in, or the improper functioning of, the services at no additional cost. RealtyCandy reserves the right to cancel and disable an account if RealtyCandy, in its sole judgment, determines that a customer or the customer’s primary contact has displayed a pattern of abusive, irrational, or otherwise disruptive communication with the RealtyCandy Customer Support or Tech Support teams, or any other RealtyCandy employee.
APPROPRIATE CONDUCT
You understand and agree that you remain solely responsible for any information, data, text, email, listings, software, photographs, graphics, video, messages, or other materials ("Content") you originate or provide RealtyCandy. RealtyCandy reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify, or move any Content available via RealtyCandy Services. You further understand that using RealtyCandy Services may expose you to offensive, indecent, or objectionable Content and that you use RealtyCandy Services at your own risk.
You agree that you remain solely responsible for your own conduct and any Content that you create, transmit, or display while using RealtyCandy Services and for any consequences that may occur as a result. You agree to use RealtyCandy Services only for legal and proper purposes and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts RealtyCandy Services or servers or networks connected to RealtyCandy Services.
In addition to and incorporated into these Terms, RealtyCandy may promulgate separate policies or guidelines to govern your use of certain specific RealtyCandy Services.
PROPRIETARY RIGHTS
REALTYCANDY'S RIGHTS
You acknowledge and agree that RealtyCandy Services and any necessary software used in connection with RealtyCandy Services ("Software") contain proprietary and confidential information protected by applicable intellectual property and other laws and treaties. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Content, RealtyCandy Services, or Software, in whole or in part except as specifically authorized in writing by RealtyCandy or other proper third-party rights holders.
Subject to these Terms, RealtyCandy grants you a personal, non-transferable, and non-exclusive right and license to use its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless permitted or required by law or expressly authorized in writing by RealtyCandy.
You agree not to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to RealtyCandy Services. Except as expressly authorized by RealtyCandy you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way likely to cause confusion among consumers.
YOUR RIGHTS
RealtyCandy claims no ownership or control over any Content submitted, posted, or displayed by you on or through RealtyCandy Services. You or a third party licensor, as appropriate, retain all ownership of patent, trademark, and copyright to any Content you submit, post, or display on or through RealtyCandy Services and responsibility for protecting those rights. By submitting, posting, or displaying Content on or through RealtyCandy Services intended for public dissemination, you grant RealtyCandy a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish, and distribute such Content on RealtyCandy Services for the purpose of displaying, distributing and promoting RealtyCandy Services. RealtyCandy reserves the right to syndicate Content submitted, posted, or displayed by you on or through RealtyCandy Services and use that Content in connection with any service offered by RealtyCandy. RealtyCandy furthermore reserves the right to refuse to accept, post, display, or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted by this section to any content submitted.
GRANT OF LICENSE
This License Agreement (License) permits you to use a single login, on a single domain name (URL). RealtyCandy licenses the Software as a single product, to an individual user, or group of users for Multiple User Licenses and Site Licenses. This Agreement requires that each user of the Software have a license, either individually, or as part of a group. A Multi-User License provides for a specified number of users to use this Software at any time. This does not provide for concurrent use across multiple domain names (URLs) unless RealtyCandy specifically agrees and you order such concurrent use at an additional cost above the normal licensing fee. Each Software user must have an individual or access as part of a group Multi-User License. You access the Software when accessed you log in via a web browser or hyperlinked from any source. The software may reside (whether built-in or framed) within one primary domain name (URL) unless specifically agreed upon in the service agreement.
LIMITATIONS ON LICENSE
Except as expressly permitted by these Terms, RealtyCandy grants no rights to do any of the following, and you shall not cause or allow anyone else, to do any of the following: (a) use, display, access, distribute, transfer, alter, or modify the licensed content, or otherwise create any derivative works of the licensed content, (b) download, distribute, export, deliver, or transmit any of the licensed content, including to any computer or other electronic device, or (c) sell, grant access to, or sublicense the licensed content, or any portion of the licensed content, to any third-party. You agree to take all reasonable steps necessary to protect the licensed content from unauthorized access, distribution, copying, or use. Additionally, you agree never to use crawlers, rogue bots, site scrapers, or any automated script/software or method that attempts to mine the listing content on your own or any other accounts in the system. If you violate these limitations, you acknowledge that we may block access to our servers and terminate your account without prior notice.
EMAIL SERVICES
You agree that you shall (i) not use RealtyCandy Services for "spamming," as determined by RealtyCandy in its reasonable discretion; (ii) keep secure any identification, password, and other confidential information relating to your site and shall notify RealtyCandy immediately of any known or suspected unauthorized use of your site or breach of security, including loss, theft or unauthorized disclosure of passwords or other security information; (iii) not use the RealtyCandy Services for any unlawful purpose; (iv) not engage in any other conduct that restricts or inhibits any other person from using or enjoying RealtyCandy Services, or which, in the judgment of RealtyCandy exposes RealtyCandy or any of its customers or suppliers to any liability or detriment of any type; and (vi) remain solely responsible for obtaining, maintaining and paying for all telephone, computer hardware and other equipment needed to access and use the RealtyCandy Services.
MALWARE, SPYWARE, AND WRAPPERS
You agree that you shall not distribute, intentionally or not, malware, spyware, or other code that RealtyCandy considers a liability. RealtyCandy reserves the right to disable any account that demonstrates such behavior.
SOFTWARE AND AUTOMATIC UPDATES
These Terms and any additional terms and conditions of the end-user license agreement accompanying Software provided by RealtyCandy shall govern your use of such Software. RealtyCandy may automatically report version numbers or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop RealtyCandy Services, including providing bug fixes, patches, enhanced functions, missing plug-ins, and new versions.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that RealtyCandy has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by RealtyCandy Services. You acknowledge that RealtyCandy may have set no fixed upper limit on the number of transmissions you may send or receive through RealtyCandy Services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
MODIFICATIONS TO SERVICE
RealtyCandy reserves the right at any time and from time to time to modify temporarily or permanently or discontinue RealtyCandy Services (in whole or part) with or without notice. You agree that RealtyCandy shall not bear any liability to you or to any third party for any modification, suspension, or discontinuance of RealtyCandy Services.
TERMINATION
You may discontinue your use of RealtyCandy Services at any time. You agree that RealtyCandy may at any time and for any reason, including a period of account inactivity, terminate your access to RealtyCandy Services, terminate the Terms, or suspend or terminate your account. If terminated, RealtyCandy will disable your account and you will not have access to RealtyCandy Services, your account, or any files or other content contained in your account. Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions, and Limitations and choice of law, severability, and statute of limitations within these Terms, shall survive expiration or termination.
LINKS
RealtyCandy may provide, or third parties may provide, links to other Internet sites or resources. RealtyCandy has no control over such sites and resources. You acknowledge and agree that RealtyCandy has no responsibility for the availability of such external sites or resources, and does not endorse or assume liability for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RealtyCandy has no responsibility or liability, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
CLIENT ANNOUNCEMENTS
RealtyCandy reserves the right to publish links to customer websites and positive feedback to our website and other public forums, such as news websites, blogs, and other industry-specific websites. If you do not want us to quote your positive experiences or announce your use of our service you must notify us in advance. If RealtyCandy receives notice after the initial publication date, we will promptly remove any notices generated from these announcements.
NEWSLETTER/UPDATE OPT-IN
You agree to allow RealtyCandy to opt you into the newsletter, new features, and other email announcements provided by RealtyCandy. You may opt-out of any such newsletter, feature, or announcement at any time, by following the instructions provided at the bottom of each such publication.
INDEMNITY
You agree to indemnify and hold RealtyCandy, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "RealtyCandy and Partners") harmless from and against any third-party claim arising from or in any way related to your use of RealtyCandy Services, violation of the Terms or any other actions connected with use of RealtyCandy Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. If served or notified of any such third-party claim, lawsuit or action, RealtyCandy will immediately (within reason) provide you with written notice of such claim, lawsuit or action.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU USE REALTYCANDY SERVICES AT YOUR SOLE RISK. REALTYCANDY PROVIDES THE REALTYCANDY SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REALTYCANDY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
REALTYCANDY DOES NOT REPRESENT OR WARRANT (i) THAT REALTYCANDY SERVICES WILL MEET YOUR REQUIREMENTS, (ii) REALTYCANDY WILL PROVIDE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE REALTYCANDY SERVICES, (iii) THE ACCURACY OR RELIABILITY OF ANY RESULTS OBTAINED FROM THE USE OF REALTYCANDY SERVICES, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH REALTYCANDY SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) THAT REALTYCANDY WILL CORRECT ANY ERRORS IN THE SOFTWARE.
YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL THROUGH THE USE OF REALTYCANDY SERVICES AT YOUR SOLE DISCRETION AND AT YOUR OWN RISK AND YOU REMAIN SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REALTYCANDY OR THROUGH OR FROM REALTYCANDY SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REALTYCANDY SHALL NOT HAVE ANY LIABILITY 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 REALTYCANDY OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE REALTYCANDY SERVICES; (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 REALTYCANDY SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON REALTYCANDY SERVICES; OR (v) ANY OTHER MATTER RELATING TO REALTYCANDY SERVICES.
EXCLUSIONS AND LIMITATIONS
REALTYCANDY DOES NOT INTEND TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY, WHICH IT MAY NOT LAWFULLY EXCLUDE OR LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES; ACCORDINGLY, ONLY THE LIMITATIONS SET FORTH ABOVE, WILL LAWFULLY APPLY TO YOU. REALTYCANDY EXPRESSLY LIMITS ITS LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO THIRD-PARTY BENEFICIARIES
These Terms do not create, except as otherwise expressly provided, any third-party beneficiaries.
NOTICE
You agree that REALTYCANDY may notify you, including those regarding changes to the Terms, by email, regular mail, or web postings on REALTYCANDY Services.
GENERAL TERMS
Entire Agreement. The current version of these Terms (including any related policies, guidelines, or amendments such as Program Policies and Legal Notices) constitute the entire agreement between you and REALTYCANDY and govern your use of REALTYCANDY Services and supersede any prior such agreements.
Choice of Law and Forum. The laws of the State of Utah without regard to its conflict of law provisions shall govern the Terms and the relationship between you and REALTYCANDY. You and REALTYCANDY agree to submit to the personal and exclusive jurisdiction of the courts located within Washington County, Utah.
Waiver and Severability of Terms. REALTYCANDY's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds that any provision of the Terms unenforceable or invalid, you agree that the court should endeavor to give effect to the parties' intentions as reflected by the invalidated provision to the maximum extent possible and that the other provisions of the Terms remain in full force and effect.
Section Headings. REALTYCANDY uses section headings in the Terms for convenience only and such headings have no legal or contractual effect.