End User License Agreement
THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH YOU MAY ACCESS AND USE THE SERVICES PROVIDED ON PWR Online.
PLEASE READ THIS AGREEMENT CAREFULLY AS YOU MUST AGREE TO ALL OF ITS TERMS BEFORE USING THE SERVICES PROVIDED AT THIS WEB SITE. YOUR USE OF THE SERVICES PROVIDED AT THIS WEB SITE THEREAFTER CONSTITUTES YOUR AGREEMENT TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO ABIDE BY THE TERMS OF THIS AGREEMENT AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS THE WEB SITE.
IN CONSIDERATION OF THE PACIFIC WEST ASSOCIATION OF REALTORS®
(PWR) GRANTING YOU ACCESS TO PWR On-line, YOU HEREBY AGREE AS FOLLOWS:
- Definitions. "PWR" shall mean the Pacific West Association of REALTORS®, its employees, officers, directors, and all other persons or entities affiliated with PWR responsible for creating, maintaining, and publishing this Site. "Content" shall mean all information or images contained on the Site, including but not limited to, trademarks, copyrights, advertisements, data, text, graphics, photos, software and video. "Site" shall mean the Internet site located at the URL address http://www.pwr.net. "User" shall mean any person or entity that accesses or uses the Site in any manner.
- REALTOR®, REALTORS®, REALTOR-ASSOCIATE®, the REALTOR® Block "R" logo, are trademarks, service marks, membership marks, and/or logos of the NATIONAL ASSOCIATION OF REALTORS®. All NAR trademarks, service marks, membership marks and logos appearing on PWR Online are the property of NAR and all rights in those trademarks, service marks, membership marks and logos are reserved. Members of PWR using any of the membership marks should refer to the rules and regulation governing use of those marks to assure proper usage. All other trademarks appearing on PWR Online are the property of their respective owners.
- Limited license for Personal and Non-Commercial Use Only; Printing of Site Content. Users of this Site are granted a limited nonexclusive license to use the Site and its Content for personal and non-commercial use only. Users may print Content from this Site that is copyrighted or owned by PWR provided that such copies are not modified or revised in any manner and include proper notices indicating that the Content is copyrighted or owned by PWR (such as "Copyright © [Insert Year] Pacific West Association of REALTORS®"). In the event a User wishes to print Content from this Site that is copyrighted or owned by a person or entity other than PWR, the User must obtain permission from the appropriate owner to do so. Except as permitted herein, Content may not be reproduced, sold, transferred, modified, redistributed, retransmitted, published, or exploited for any purpose without the express written permission of PWR
- Linking to or Framing this Site. Users may not create links to or frame the Site for any purpose without the express written consent of PWR
- Links to Third Party Sites; Accuracy of Content on linked Sites. links to other sites operated by independent, third parties exist on this Site. While PWR takes reasonable steps to select and provide links that add value to the Site, PWR is not responsible for the content contained on any linked site. Furthermore, unless expressly indicated otherwise, PWR does not endorse, approve, or otherwise warrant the accuracy of any information or content contained on a linked site.
- Advertisers. Advertisement banners and other forms of advertising exist on the Site. However, PWR is not responsible for the claims or representations made by any advertiser on the Site nor is PWR responsible for the products and services of advertisers on the Site. Furthermore, mere presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by PWR in any respect unless expressly indicated otherwise.
- Additional Terms and Conditions for the Legal and International Real Estate Sections of this Site. In addition to this Agreement, Users who access and use the sections on this Site entitled "Legal" and "International Real Estate" are bound by additional terms and conditions of use governing those sections. Users can review these additional terms and conditions upon accessing these sections.
- Accuracy and Updating of Site Content. PWR takes reasonable steps to maintain the accuracy and update the Content on the Site. However, PWR does not warrant the accuracy nor make any commitment to update the Content.
- PWR Online may from time to time make available "discussion areas" on various subject matters which may of interest to persons authorized to use PWR Online. PWR may, with or without notice, and at the sole discretion of PWR, establish, discontinue and/or delete any or all "discussion areas." You agree that if you participate in a "discussion area" (post or read a message or comment at the discussion area) you will abide by the rules and regulations governing discussion area as hereinafter setforth.
- PWR does not review the content of messages or comments posted to discussion areas within PWR Online by persons authorized to use PWR Online other than PWR, and you agree that PWR shall have no liability for any damages arising out of the content of those messages or comments. If you post a messsage or comment at a discussion area, you agree to indemnify and hold PWR harmless from any and all liability, damages or expenses whatsoever due, directly or indirectly, to any cause of action arising out of the message or comment posted by you.
- PWR is authorized, but not obligated, to reproduce and distribute through PWR's PWR Online service copies of all comments and messages posted to a discussion area. PWR reserves the right, but does not assume a duty to any party, to delete from any discussion area any comment or message which PWR determines, in its sole discretion, does not comply with these rules and regulations.
- You agree to use discussion areas in PWR Online only for lawful purposes and not to post any unlawful message or comment or in any other way use PWR Online so as to violate any local, state, or national law.
- You agree not to post any defamatory, libelous, vulgar, sexual explicit, or obscene messages or comments. All comments and messages posted to a discussion area in PWR Online will reflect the professionalism of REALTORS® and the spirit of the Code of Ethics as expressed in its preamble, "Whatsoever would that others should do to you, do ye even so to them."
- You agree not to take any action which would disrupt the dialogue in a discussion area or take any other action which would interfere in the normal use of PWR Online by other authorized users.
- You agree not to post any advertising, promotional or other type of solicitation to other authorized users of PW Online except in those areas of PWR Online where such postings may be specifically authorized.
- You agree not to impersonate any other person in your postings to a discussion area in PWR Online.
- Individual discussion areas may have additional rules and regulations specific to the subject matter being covered in the discussion area. These rules and regulations will be posted at the discussion area. You agree to abide by the rules and regulations of individual discussion areas in which you participate.
- DISCLAIMER. THE CONTENT ON THE PWR SITE IS PROVIDED "AS IS" AND TO THE MAXIMUM EXTENT PERMITTED BY APPliCABLE LAW, PWR DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPliED, INCLUDING BUT NOT liMITED TO, IMPliED WARRANTIES OF MERCHANTABIliTY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. PWR DOES NOT GUARANTEE ACCESS TO OR UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE.
- LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPliCABLE LAW, IN NO EVENT SHALL PWR BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM THE USE, INABILITY TO USE, OR REliANCE ON THIS SITE.
- Modification of Agreement. PWR reserves the right, in its sole discretion, to modify or revise this Agreement at any time without giving notice. Users agree to be bound by any modification or revision of the Agreement upon electronic posting to the Site.
- Suspension or Termination of Access. PWR reserves the right, in its sole discretion, to suspend or terminate a User's access to the Site for any reason, including but not limited to, a User's breach of this Agreement.
- Indemnification. User agrees to defend, indemnify and hold harmless PWR from all liabilities, claims, costs, and expenses including but not limited to reasonable attorney's fees, resulting from the User's violation of any term of this Agreement or alleged illegal use of this Site.
- Reservation of Rights. All rights not expressly granted or addressed herein are reserved by PWR
- Choice of Law; Jurisdiction and Venue. This Agreement shall be governed in accordance with the laws of the State of California. In the event a dispute arises between User and PWR from this Agreement or use of the Site, such dispute shall be submitted to a state or federal court with appropriate jurisdiction located in the City and County of Orange, California, USA.
- USER'S CONSENT TO BE LEGALLY BOUND TO AGREEMENT. IN CONSIDERATION OF BEING ALLOWED TO USE THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE. USE OF THE SITE IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR ASSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING AND/OR USING THIS SITE IN ANY MANNER.