All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Windermere’s knowledge.
02. Intellectual Property
The Site and its entire contents, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Site Content”) are the property of Windermere or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.
The Windermere name and related logos are trademarks and service marks (“Marks”) of Windermere. Windermere’s Marks may not be used without advance written permission of Windermere, including in connection with any product or service that is not Windermere’s, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Windermere. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
Information about and photographs of individual properties displayed on the Site are provided by the listing agent and/or by the multiple listing service for the area in which the subject property is located. Windermere asserts no copyright to any such content.
If you believe that any content on the Site violates your intellectual property rights, please notify Windermere as described in Section 16.
03. Limited License And Prohibited Uses
Windermere grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of Windermere is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
- Use the Site in any way that violates any applicable federal, state, local or international law or regulation.
- Use the Site for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
- Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- Impersonate or attempt to impersonate Windermere, a Windermere employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Windermere, may harm Windermere or users of the Site or expose them to liability.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Windermere’s prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
This Site is not intended for children under 13 years of age. Windermere does not knowingly collect Information from children under 13. If you are under 13, do not use this Site or provide any Information about yourself to Windermere, including your name, address, telephone number or email address.
04. Use and Protection of Login Credentials
05. Copyright Complaints; Digital Millennium Copyright Act
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request – Jeremy Root”).
Our designated copyright agent to receive DMCA Notices is:
Windermere Services Co.
1151 Fairview Ave. No.
Seattle, WA 98109
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services, with enough detail that we may locate it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload or display the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
We may, at our sole discretion, limit access to the Services and/or terminate the accounts or registrations of any User who infringes any intellectual property rights of others.
06. User Contribution
The Site may contain comment sections, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (“Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (“User Contributions”) on or through the Site.
All User Contributions must comply with the content standards set out below.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Windermere, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
07. Disclaimer And Limitation of Liability
MULTIPLE LISTING SERVICES (“MLS”) DISCLAIMERS: Information about individual properties is provided by one or more MLS. If applicable, the following disclaimers apply to information provided from the below MLS:
Acceptance of Terms Through Use – San Diego Association of Realtors® (SDAR/SDMLS)
Proprietary Intellectual Property Rights
You acknowledge and agree that the Greater San Diego Association of REALTORS® exclusively owns all content, graphics, design, data, computer codes, ideas, know how, “look and feel”, compilations, modifications and derivative works thereto (“Materials”) on this site and all protected copyrights, trademarks, service marks, patents, trade secrets, or other intellectual proprietary rights related thereto.
Allowed and Prohibited Uses
You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of the site without prior express written consent. You may not use any meta tags or any other “hidden text” utilizing the Greater San Diego Association of REALTORS® ‘s name or trademarks without the express written consent of the Greater San Diego Association of REALTORS® . Any unauthorized use terminates the permission or license granted by the Greater San Diego Association of REALTORS® .
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of the Greater San Diego Association of REALTORS® . Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact the Greater San Diego Association of REALTORS® at (858)715-8000 or email firstname.lastname@example.org .
User’s Grant of Limited License
Disclaimer of Warranties
All materials, information, software, products, and services included in or available through this site (the “content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
The Greater San Diego Association of REALTORS®, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Limitation of Liability
Under no circumstances shall The Greater San Diego Association of REALTORS®, its subsidiaries, or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Greater San Diego Association of REALTORS® has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, The Greater San Diego Association of REALTORS® liability in such jurisdictions shall be limited to the extent permitted by law.
Upon a request by The Greater San Diego Association of REALTORS® , you agree to defend, indemnify, and hold harmless The Greater San Diego Association of REALTORS® and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. The Greater San Diego Association of REALTORS® reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Greater San Diego Association of REALTORS® in asserting any available defenses.
The Greater San Diego Association of REALTORS® makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
Severability and Integration
Third Party Sites
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of SDAR, and you acknowledge that The Greater San Diego Association of REALTORS® is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by The Greater San Diego Association of REALTORS® or any association with its operators.
The Greater San Diego Association of REALTORS® reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
08. Third Party Content
This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Windermere. Windermere is not responsible for the content or accuracy of any materials provided by any third parties.
09. Links To Other Web Sites
11. Limitation On Time To File Claims
12. Injunctive Relief
13. Waiver And Severability
14. Entire Agreement
15. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Seattle, Washington and conducted by an arbitrator that possesses such experience in, and knowledge of, the subject area of the controversy or claim so as to qualify as an “expert” with respect to such subject matter.
If either party employs attorneys to enforce any rights in connection with any such dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
16. Communications and Contact Information
Windermere Real Estate Services Company
ATN: LEGAL DEPARTMENT
1151 Fairview Ave N.
Seattle, WA 98109