Terms and conditions

Last modified: September 4, 2024

Learn about the Terms of Use for RealtyView. Understand our user guidelines, privacy policies, and membership benefits to ensure a secure and seamless experience on our platform. Stay informed and compliant with RealtyView's policies.

 

  • Acceptance of Terms
  • License
  • Membership Privileges
  • Content
  • Information Use
  • Prohibited Uses
  • Payment Terms
  • Third Party Content
  • Paid Advertising
  • Termination
  • No Spam Policy
  • Ownership & License Grant
  • Warranty Disclaimers
  • Limitation of Liability
  • Your Liability
  • Indemnity
  • Privacy and Information Disclosure
  • Conduct
  • Maps and Directions Disclaimer
  • Posting Agents
  • Cookies
  • Trademarks
  • Copyright Complaints
  • Export Restrictions
  • Commercial Data
  • Waiver and Severability
  • Miscellaneous
  • Entire Agreement
  • Web Design
  • Updates and Changelog

Acceptance of Terms

These Terms of Use constitute a legal agreement between you and The Modern MLS, Inc. d/b/a RealtyView, hereinafter called “RealtyView”. This is a simplified version for users with little or no knowledge of legal jargon. The full Terms of Use supersede this agreement. Anytime the word “Service” or “Member” is used, it refers to RealtyView, and “customer” refers to any user.

By accessing, posting information on, accessing information from, or using this site in any way, you agree that you are 18 years of age or older and have the right, power, and authority to agree to be bound by these Terms of Use. Otherwise, you cannot access, post information to, or access information from this site unless you have a signed document stating otherwise.

​RealtyView reserves the right to change these conditions at any time. It is your duty to review this agreement regularly. By submitting information to, accessing information from, or simply using this Site (or any part thereof), you, the end-user customer (known as “the Customer”) agree to be legally bound by these Terms of Use as we may modify them from time to time.

​These Terms of Use apply to your use of this Site, including the RealtyView services offered via the Site. They constitute a legal contract between you and RealtyView, and by accessing or using any part of the Site, you represent and warrant that you have the right, power, and authority to agree to and be bound by these Terms of Use. If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and be bound by these Terms of Use, you may not submit information to or access information from the Service. Notwithstanding anything to the contrary herein, if you and RealtyView have entered into a separate written agreement that covers your use of a RealtyView service, the terms and conditions of such agreement shall control with respect to such service to the extent they are inconsistent with these Terms of Use.

License

The information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through this Site (collectively, the “Content”) are proprietary to RealtyView and its licensors, and are protected by copyright and other U.S. and international intellectual property rights, laws, and treaties. The Content includes proprietary databases (the “Database”) of real estate information, which include information, text, photographic and other images, and data contained therein (collectively, the “Information”) and the proprietary organization and structures for categorizing, sorting, and displaying such Information, and the related software (“Software”). The Site, Content, Database, Information, Software, and any portion of the foregoing, including any derivatives, successors, updates, or modifications provided thereto and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the “Product”.

​Those portions of the Product that may be accessed by the general public and do not require any use of Passcodes (as defined below) are referred to as the “Non-Passcode Protected Product” (Public Search). Those portions of the Product that require use of Passcodes for access and are available only to individuals or entities (“RealtyView Clients”), or those acting through them, who enter into a License Agreement (as defined below) with RealtyView that authorizes access to such RealtyView service are referred to as the “Passcode Protected Product”.

​The Passcode Protected Product is used for members and subscribers only. A “License Agreement” is defined as either (i) a written hand-signed contract between a RealtyView member or subscriber and RealtyView that authorizes access to the RealtyView service, or (ii) an online contract between the RealtyView Client and RealtyView that is formed by online registration and acceptance of these Terms of Use and that authorizes access to a RealtyView service. If you do have a Passcode Protected Product, it is your responsibility to protect your account username and password, and any loss or damage incurred is your responsibility.

Membership Privileges

Only Authorized Users for a Passcode Protected Product may access such a product and they may access it solely using the username and password (Members, registered users, and Customers are required to maintain the confidentiality of all logins and passwords). You are responsible for the activities that occur under your account, login, or password. RealtyView is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information, or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information, or Ownership and License Grant sections of this agreement that relate to the confidentiality of account, login, or password information.

No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the RealtyView web site without express written permission from RealtyView.

By providing your email address, you grant RealtyView permission to use it for communication purposes. We will try to honor your requests to opt out of marketing messages, but we have no liability if you do receive these types of messages.

RealtyView utilizes email as a vital and primary communication channel with members, subscribers, and users of this site. As a registered user, you hereby acknowledge and grant RealtyView the permission to communicate with you via email (as well as other communication channels such as phone and fax) for any purposes RealtyView determines to be relevant, including, but not limited to, system messages, product updates, service announcements, and other marketing messages.

Content

Content submitted to this site is the sole responsibility of the person from which the content originated. We are NOT responsible for the content on this site and cannot ensure that it is entirely accurate, but we reserve the right to approve content, and delete or refuse any content available through the site. We will do our best to ensure accurate information, but you understand that content may insult you in some manner or may be inaccurate.

If you provide content, we acknowledge that you retain rights to this content, but once again it is solely your responsibility. With the content you provide, you give us and our affiliates a right and license to use worldwide, and/or to incorporate in other works in the future that may not be known to us now.

You also agree that you have the rights to any content you provide to be listed on our site. We can remove content if we feel it violates this Agreement, or we have the right to ask you for proof of ownership.

You agree to post accurate contact information in order to submit and maintain active property listings on this site. We have the sole authority to choose the manner in which property is searched and displayed, and we have the right to modify these listings.

You (a) represent and warrant that all properties and associated information provided will be accurate; (b) agree not to permit the posting of a property on this site under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agree to administer the properties provided and maintain their accuracy at all times.

Furthermore, we have no responsibility to maintain copies of data posted on the site; it is your responsibility to maintain back-up copies of this data.

Informaton Use

You agree that all information obtained from this site is proprietary to RealtyView. All information in the passcode-protected area is confidential and protected as a trade secret of RealtyView. Before acting on any information provided on this site, make sure to consult an appropriate professional because no content here constitutes advice.

You also agree not to attempt to reverse engineer our software or use our services in an unlawful manner. If you violate these terms, we will seek criminal charges.

Prohibited Uses

You shall not, without express written permission:

  1. Distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use, or sell, directly or indirectly (including in electronic form) any portion of the Product, or

  2. Modify or create derivative works of any portion of the Product.

Notwithstanding anything to the contrary herein, you shall not:

  1. Access any portion of a Passcode-Protected Product unless you are an Authorized User for such Passcode-Protected Product using the Passcodes assigned to you by RealtyView to access the components and services of the Passcode-Protected Product that your License Agreement authorizes you to access, subject to the terms contained therein and in these Terms of Use;

  2. Access or use any portion of the Product if you are a direct or indirect competitor of RealtyView, nor shall you provide, disclose or transmit any portion of the Product to any direct or indirect competitor of RealtyView (by way of example, a “direct or indirect competitor” of RealtyView includes, but is not limited to, Internet listing services or other real estate information services and employees, independent contractors, and agents of such services);

  3. Use or distribute any Information from the Product, including Information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product;

  4. Modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Product;

  5. Use, reproduce, publish or compile any portion of the Product for the purpose of selling or licensing any portion of the Product or making any portion of the Product publicly available; 6. Store, copy or export any portion of the Product into any database or other software, except as expressly set forth in the Permitted Uses above; 7. Upload, post or otherwise publish any portion of the Product on, or provide access to any portion of the Product through, the Internet, any bulletin board system, any other electronic network, any data library, any listing service or any other data sharing arrangement, except that you may e-mail a report containing Information that complies with the Permitted Use provisions set forth above to a limited number of your clients and prospective clients; 8. Upload, post, email or otherwise transmit any information, data, text, software, photographs, images, graphics, or other content to or through the Product, or use any portion of this Product in a manner that violates the Conduct section of these Terms of Use; 9. Impersonate any person or entity, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Product; and 10. Use any portion of the Product to encourage or engage in illegal activity, stalk or harass another person, or violate these Terms of Use or any applicable local, state, national or international law, rule, regulation or ordinance, including without limitation, state and local real estate practice, spam, or privacy laws. 11. Export content on this site to any country embargoed by the United States of America.

  6. Furthermore, third-party features or functionalities may be accessed when on this site. We are completely independent of all third parties, and the Internet as a whole. Any of your interactions with individuals found on this site is your sole responsibility (including any viruses you may receive as a result of these third parties). You agree that we are not liable for any loss or damage incurred as a result of any third-party dealings.

  7. Upload, post or otherwise publish any portion of the Product on, or provide access to any portion of the Product through, the Internet, any bulletin board system, any other electronic network, any data library, any listing service or any other data sharing arrangement, except that you may e-mail a report containing Information that complies with the Permitted Use provisions set forth above to a limited number of your clients and prospective clients;

  8. Upload, post, email or otherwise transmit any information, data, text, software, photographs, images, graphics, or other content to or through the Product, or use any portion of this Product in a manner that violates the Conduct section of these Terms of Use;

  9. Impersonate any person or entity, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Product; and

  10. Use any portion of the Product to encourage or engage in illegal activity, stalk or harass another person, or violate these Terms of Use or any applicable local, state, national or international law, rule, regulation or ordinance, including without limitation, state and local real estate practice, spam, or privacy laws.

  11. Export content on this site to any country embargoed by the United States of America.

 

Furthermore, third-party features or functionalities may be accessed when on this site. We are completely independent of all third parties, and the Internet as a whole. Any of your interactions with individuals found on this site is your sole responsibility (including any viruses you may receive as a result of these third parties). You agree that we are not liable for any loss or damage incurred as a result of any third-party dealings.

 

In addition, you may put our link on another site but agree to take it down immediately at our request. We are not affiliated with any site that our link is provided on.

Payment Terms

You agree to pay for all products ordered through this site, using the payment method indicated, and agree to allow us to charge you at the time of renewal. Any fees incurred as a result of the collection of delinquent undisputed amounts are your responsibility. We can cease service if fees are not paid at any time. Monthly subscription fees are non-refundable no matter what. Yearly fees are discounted and not refundable. Partial refunds can be offered at the sole discretion of RealtyView.

Third Party Content, Sites, and Services

The RealtyView site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third-party content that is completely independent of RealtyView, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

 

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

 

You agree that RealtyView shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that RealtyView is under no obligation to become involved.

 

When you click on a link that leaves the RealtyView site, the site you will land on is not controlled by RealtyView and different terms of use and privacy statements may apply. RealtyView also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third-party sites and any links thereto.

The security of your personal information is important to RealtyView. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use acceptable means to protect your personal information, we cannot guarantee its absolute security.

Termination

RealtyView reserves the right to terminate a Customer’s membership at any time and has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, remove and discard any Content within the Service, or otherwise terminate your access to or use of the Service or Product (or any part thereof), immediately and without notice, for any reason (especially if you have acted inconsistently with these Terms of Use) and RealtyView shall have no obligation to maintain or forward any content in your account. Further, you agree not to attempt to use the Service after said termination.

​

If you cause any technical disruption of this site/product, you agree to be responsible for all liabilities, costs, and expenses arising from or related to this disruption.

No Spam Policy

In the event that occurs, you shall cease using any portion of the Product, permanently delete or destroy all portions of the Product within your possession, custody, or control, and, upon written request from RealtyView, certify, in writing, your compliance with this provision.

If you are a RealtyView member or subscriber, your License Agreement sets forth an initial term that expires on a specified date and that may automatically renew for a specified length. Following the effective date of termination or nonrenewal of your License Agreement, you shall cease using any portion of the Product. In addition, you shall permanently delete or destroy all portions of the Product within your possession, custody, or control and, upon written request from RealtyView, certify, in writing, your compliance with this provision. RealtyView has the right to revoke the privileges of any customer or company that breaches these terms.

Any unauthorized use of RealtyView computer systems is a violation of these Terms and certain federal and state laws.

Ownership and License Grant

RealtyView retains all rights (including Intellectual Property Rights as defined below), title, and interest in the RealtyView website, database, RealtyView technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of RealtyView’s technology or delete or alter author attributes or copyright notices. Customer shall use the RealtyView system solely for their own use and shall not allow others to use the RealtyView system under or through that Customer’s login ID/email and password.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Warranty Disclaimers

ALTHOUGH RealtyView MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE PRODUCT AND ALL PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. RealtyView AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND THIRD-PARTY SUPPLIERS (COLLECTIVELY, THE “RealtyView PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT, AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE LICENSED PRODUCT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (4) THE PRODUCT CONFORMING TO ANY FUNCTION, DEMONSTRATION, OR PROMISE BY ANY PARTY, AND (5) THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. ANY RELIANCE UPON THE PRODUCT IS AT YOUR OWN RISK AND THE RealtyView PARTIES MAKE NO WARRANTIES.

RealtyView RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PRODUCT OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THIS PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE OR THE LICENSE AGREEMENT.

THE LISTINGS, SERVICE, RECENT SALES INFORMATION, AND RealtyView MARKET REPORTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. RealtyView MAKES NO PROMISES, REPRESENTATION, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, RECENT SALES INFORMATION, OR RealtyView MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND RealtyView SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. RealtyView MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES THAT ACCESS TO RealtyView’s SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM RealtyView’s WEBSITE, INCLUDING LISTINGS, SERVICE, RECENT SALES INFORMATION, AND RealtyView MARKET REPORTS IS ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RealtyView OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

YOU AGREE THAT USE OF THE RealtyView SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE RealtyView SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, RealtyView DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE RealtyView SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, RealtyView DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE RealtyView SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE RealtyView SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, RealtyView DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE RealtyView SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liability and Indemnification

YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RealtyView PARTIES WILL NOT BE HELD LIABLE FOR ANY LOSS, COST, OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS, OR DELAYS IN THE PRODUCT, OUT OF ANY INACCURACIES, ERRORS, OR OMISSIONS IN THE INFORMATION CONTAINED IN THE PRODUCT, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE PRODUCT. IN ADDITION, IF YOU HAVE NOT PAID ANY FEES TO RealtyView TO ACCESS THE PRODUCT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NONE OF THE RealtyView PARTIES SHALL BE LIABLE FOR ANY DIRECT DAMAGES ARISING FROM, RELATING TO, OR RESULTING FROM THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING. THESE LIMITATIONS OF LIABILITY INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT WILL THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF THE RealtyView PARTIES FOR ANY AND ALL REASONS TO ANY PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR A SEPARATE LICENSE AGREEMENT EXCEED THE TOTAL AMOUNT OF LICENSE FEES ACTUALLY PAID TO RealtyView UNDER THE RELEVANT LICENSE AGREEMENT BETWEEN THE RELEVANT RealtyView CLIENT AND RealtyView DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR THE RealtyView CLIENT OR ANY OTHER PARTY FOR ANY APPLICABLE DAMAGES.

UNDER NO CIRCUMSTANCES WILL ANY OF THE RealtyView PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF, BASED ON, OR RESULTING FROM, OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF RealtyView HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS.

NONE OF THE RealtyView PARTIES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND RealtyView’s CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT.

ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT, OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.

IN NO EVENT SHALL RealtyView BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF RealtyView’s SERVICES, OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy and RealtyView’s entire liability under this Agreement shall be a refund to Customer of the fees paid to RealtyView hereunder, and in no event will RealtyView’s liability for any reason exceed such fee. RealtyView (and its officers, directors, employees, and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify RealtyView (and RealtyView’s officers, directors, employees, and agents), and hold each of them harmless from and against any and all costs, damages, or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.

Your Liability

If you cause a technical disruption of the Product, you agree to be responsible for any and all liabilities, costs, and expenses (including reasonable attorneys’ fees and costs of enforcement) arising from or related to that disruption. Upon your breach of any term of these Terms of Use or a separate License Agreement, RealtyView’s remedies shall include any damages and relief available at law or in equity as well as interruption and/or termination of your access to the Product or any portion thereof and permanent deletion or destruction of all portions of the Product within your possession, custody, or control. If RealtyView retains any third party to obtain any remedy to which it is entitled under these Terms of Use or a separate License Agreement, RealtyView shall be entitled to recover all costs, including attorney’s fees or collection agency commissions, RealtyView incurs.

Indemnity

You agree to indemnify, defend, and hold harmless RealtyView Parties from and against any third party action, suit, claim, or demand and any associated losses, expenses, damages, costs, and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your (and your users’) Submitted Content, use or misuse of any portion of the Product, or your violation of these Terms of Use or a separate License Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. RealtyView and any third party involved in creating, producing, or delivering the Product reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of RealtyView and any such third party.

Privacy and Indemnification Disclosure

RealtyView has established a Privacy Policy to explain to users how their information is collected and used, which is located at https://www.realtyview.com/privacy-policy.

Your use of the RealtyView website or the Service signifies acknowledgement of and agreement to our Privacy Policy.

Conduct

You agree not to post, email, or otherwise make available Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

  • that is pornographic or depicts a human being engaged in any sexual conduct;

  • that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

  • that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status, or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

  • that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;

  • with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;

  • that impersonates any person or entity, including, but not limited to, RealtyView employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures);

  • that includes personal or identifying information about another person without that person’s explicit consent;

  • that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;

  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

  • that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;

  • that constitutes or contains any form of advertising or solicitation if: posted in areas of the RealtyView site which are not designated for such purposes; or emailed to RealtyView users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;

  • that includes links to commercial services or web sites, except as allowed in “services”;

  • that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited by law;

  • that contains 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;

  • that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or

  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

  • contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

  • “stalk” or otherwise harass anyone;

  • collect personal data about other users for commercial or unlawful purposes;

  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by RealtyView;

  • post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

  • post the same item or service in more than one classified category or forum, or in more than one metropolitan area;

  • attempt to gain unauthorized access to RealtyView’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or RealtyView website; or

  • use any form of automated device or computer program that enables the submission of postings on RealtyView without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;

  • use any form of automated device or computer program (“flagging tool”) that enables the use of RealtyView’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms of Use.

See the Terms of Use for Warranty Disclaimers, what to do if you are a Listing Agent, and Miscellaneous Terms of Use. Also, see the Privacy Policy to understand how information is collected and used.

Maps and Directions Disclaimer

THESE MAPS/DIRECTIONS ARE INFORMATIONAL ONLY. NO REPRESENTATION IS MADE OR WARRANTY GIVEN AS TO THEIR CONTENT, ROAD CONDITIONS OR ROUTE USABILITY OR EXPEDITIOUSNESS. USER ASSUMES ALL RISK OF USE. RealtyView AND THEIR SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY LOSS OR DELAY RESULTING FROM SUCH USE.

Posting Agents

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on RealtyView’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from RealtyView. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from RealtyView.

Cookies

Some areas of this Product use and require that your computer accept “cookies.” Cookies are small text files that are stored on your computer to keep track of settings or data for a particular web site. Cookies make it possible and easier for you to access and use certain areas of this Product. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to visit certain areas of the Product.

Trademarks

The Product employs various trademarks and service marks of RealtyView and/or other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Export Restrictions

Those who choose to access the Product or the Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any portion of the Product except in full compliance with all United States laws and regulations, these Terms of Use, and, if applicable, the associated License Agreement. In particular, no portion of the Product may be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.

Governing Law and Jurisdiction

RealtyView is registered in the State of Delaware of the United States. These Terms of Use and your use of this Product shall be governed by the laws of the State of Delaware without regard to its conflicts of laws principles. The federal and state courts located in the State of Delaware shall be the exclusive jurisdiction for any action brought against RealtyView in connection with these Terms of Use or use of the Product. You irrevocably consent to the jurisdiction of the federal and state courts located in the State of Delaware, and to the jurisdiction of the federal and state courts located in any State where you are located, for any action brought against you in connection with these Terms of Use or use of the Product.

Notice -- U.S. Government Rights/Commercial Technical Data and Software Unpublished, Rights Reserved Under the Copyright Laws of the United States

This Site contains commercial technical data and computer software that have been privately developed and are normally vended commercially under a license or lease agreement restricting their use, disclosure, and reproduction. In accordance with FAR 12.211, 12.212, 27.405(b)(2) and 52.227-19 and DFARS 227.7202, 227.7102, and 252.227-7015, as well as other applicable supplemental agency regulations, use, reproduction, disclosure, and dissemination of this commercial technical data and computer software are governed strictly in accordance with RealtyView’s commercial license agreements, including these Terms of Use.

Waiver and Severability

The failure of RealtyView to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term, or provision of the Terms and Conditions is deemed a waiver of any other right, term, or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.

 

Miscellaneous

​These Terms of Use contain the entire understanding of the parties with respect to the Product and supersede any prior oral or written statements and documents with respect to such subject matter; provided, that these Terms of Use do not supersede any written license agreement between the parties. Your obligations hereunder are binding on your successors, legal representatives, and assigns. You may not assign or transfer (by operation of law or otherwise) these Terms of Use or any portion hereunder, in whole or in part, without the prior written consent of RealtyView. In the event any portion of these Terms of Use not being of a fundamental nature is held to be invalid, illegal, or unenforceable, such part shall be deemed severed from these Terms of Use without invalidating the remaining provisions of these Terms of Use or affecting the enforceability of such remaining provisions. If a provision is held to be invalid, illegal, or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision. No waiver by RealtyView of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at that time or a waiver of that or any other right, term, or provision of these Terms of Use at any other time. These Terms of Use apply to your use of the Product and not to any other areas, including, without limitation, RealtyView’s research activities. Headings are for reference only.

Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.

Web Design

This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. The images cannot be downloaded or used without prior consent. If you wish to use an image, please contact us.

Modifications, Updates, and Changelog

If RealtyView decides to change its Terms of Use Conditions , we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

RealtyView reserves the right to modify this privacy statement at any time, so please review it frequently. If RealtyView makes material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.