Terms of Use

I. Definitions.

  1. By “mipimtexas.com” we mean the features and services we make available, including through (a) our Web site at http://mipimtexas.com and (b) other media, devices or networks now existing or later developed.
  2. By “us,” “we,” “our” and “Texas REALTORS®” we mean the Texas Association of REALTORS®, Inc., its employees, officers, directors, and all other persons or entities affiliated with the Texas Association of REALTORS®, Inc.
  3. By “Content” we mean the content and information on mipimtexas.com, including, but not limited to, all materials, images, trademarks, copyrightable materials, advertisements, data, text, graphics, files, photos, software and video.
  4. By “use” we mean use, copy, reproduce, publicly perform or display, distribute, modify, translate, and create derivative works of.
  5. By “Site” we mean mipimtexas.com site and various related services, including other media, devices or networks now existing or later developed.

II. User’s Acknowledgement and Acceptance of Terms 

Texas REALTORS® and/or our affiliates provide the mipimtexas.com site and various related services, including other media, devices or networks now existing or later developed (collectively, the “Site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Site, users shall be subject to any posted rules or additional terms and conditions applicable to such services or materials in addition to those in these Terms of Use. All such guidelines, terms, conditions, or rules are hereby incorporated by reference into these Terms of Use.

BY ACCESSING AND USING THIS SITE, YOU AGREE TO ADHERE TO AND BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY AS WELL AS THE TEXAS REALTORS®’ PRIVACY POLICY, WHICH YOU CAN ACCESS HERE. IF YOU DO NOT AGREE TO THE TERMS OF USE AND PRIVACY POLICY, YOU MUST IMMEDIATELY TERMINATE USE OF THE SITE.

These Terms of Use are effective as of 2019. We expressly reserve the right to change these Terms of Use at any time without notice. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. YOU ACKNOWLEDGE YOUR USE OF MIPIMTEXAS.COM FOLLOWING ANY MODIFICATION OF THE TERMS OF USE SHALL BE CONCLUSIVELY DEEMED TO BE YOUR ACCEPTANCE OF MODIFIED TERMS OF USE AND AGREEMENT TO ABIDE AND BE BOUND BY THE MODIFIED TERMS OF USE.

Finally, you acknowledge and agree that the information on the Site is made available for informational purpose only and is not legal, employment, tax, accounting, business formation, real estate registration, risk management, or other professional advice nor is it considered a substitute for such advice or counsel. Persons should not act upon information on this Site without seeking professional counsel, legal or otherwise.

III. Conduct on Site

By accessing and using this Site, you agree that you will comply with all applicable local, state, national and international laws and regulations, and that you are solely responsible for the substance of your communications through the Site. In addition, by accessing and using this Site, you agree to the following:

  1. You will not collect users’ information, or otherwise access mipimtexas.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
  2. You will not upload viruses or other malicious code; 
  3. You will not use mipimtexas.com to do anything unlawful, misleading, malicious, or discriminatory;
  4. You will not facilitate or encourage any violations of the Terms of Use; and
  5. You will not post content or take any action on mipimtexas.com that infringes someone else’s rights or otherwise violates the law.

IV. Third-Party Links

This Site includes links to websites that are not owned or operated by Texas REALTORS®. These links are provided as a convenience and do not constitute our endorsement of the linked-to website or its owner. We cannot guarantee the accuracy or reliability of third-party sites nor the information therein.

V. Accuracy of Content

We take reasonable steps to maintain the accuracy of and update the Content on the Site. However, we do not make any representations or warranties regarding the accuracy of the Content, nor do we make any commitment to update the Content. You agree that you bear all risks associated with, the use of the Site and the Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of any Content or other materials available through the Site.

VI. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPARABILITY, SECURITY, ACCURACY AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

NEITHER TEXAS REALTORS®, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS REPRESENT, WARRANT, OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED, UPLOADED, DOWNLOADED, OR DISTRIBUTED THROUGH MIPIMTEXAS.COM BY ANY USER, OR ANY OTHER PERSONS OR ENTITY.

VII. Limitation of Liability; Indemnification

1.      Limitation of Liability. YOU AGREE THAT IN NO EVENT SHALL TEXAS REALTORS®, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND/OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED OR DOWNLOADED FROM THIS SITE.

2.     Indemnification. You will promptly indemnify, defend, and hold harmless Texas REALTORS®, its parents, affiliates, supplies, successors, and assigns, and all of their officers, directors, and employees and agents from and against any fine, penalty, loss, cost, damage, injury, expense or liability (including reasonable attorneys’, accountants’, and expert fees and disbursements) arising out of any claim made by you or a third-party relating to use or misuse of this Site.

VIII. Termination

We reserve the right, in its sole discretion, to terminate a user’s access to the Site for any reason, including, but not limited to, a user’s breach of these Terms of Use.

IX. Trademarks

By accepting these Terms of Use, you agree that you will not use our copyrights or trademarks without our written permission. REALTOR®, REALTORS®, REALTOR-ASSOCIATE®, and the REALTOR® Block logo are trademarks, service marks, membership marks, and/or logos of the National Association of REALTORS®. All National Association of REALTORS® trademarks, service marks, membership marks and logos appearing on texasrealestate.com are the property of the National Association of REALTORS® and all rights in those trademarks, service marks, membership marks and logos are reserved. Members of the National Association of REALTORS® using any of the membership marks are bound by and should refer to the rules and regulations governing use of those marks to assure proper usage.

The Texas REALTORS® logo is a trademark of Texas REALTORS®. All Texas REALTORS® marks and logos appearing on texasrealestate.com are the property of Texas REALTORS® and all rights in those trademarks and logos are reserved.

X.     Copyright Infringement.

1.      Notice of Claimed Infringement. If you believe there has been an infringement of your copyrighted material by us or by a third party who has uploaded, posted, submitted or otherwise provided content on our Site, please provide the following information, in writing, to our designated copyright agent listed below:

a.      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b.      Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c.      Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

d.      Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted;

e.      A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f.       A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We have registered a designated agent with the Copyright Office pursuant to 17 U.S.C. § 512(c). If you believe your copyright material is being used on this Site without permission, please notify the designated agent at:

General Counsel

Texas Association of REALTORS®, Inc.

1115 San Jacinto Boulevard, Suite 200

Austin, Texas 78701

512.480.8200

general.counsel@texasrealtors.com

2.      Counter Notification. If we removed your content for allegedly infringing someone else’s copyright or other intellectual property rights, we will take reasonable steps to notify you, and if you believe we removed it by mistake, we will provide you with an opportunity to respond, pursuant to 17 U.S.C. § 512(g).

3.      Repeat Infringers. TAR may terminate your access to the Site, in appropriate circumstances, upon infringement of third-party intellectual property rights. Appropriate circumstances may exist where:

a.      We have received three or more valid, effective and uncontested notices, pursuant to the requirements of 17 U.S.C. § 512(c), claiming infringement by you, within any five-year period; or

b.     You have been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, and we receive actual notice of such findings.

Notwithstanding the above circumstances, we reserve the right to terminate accounts that act against the spirit of these Terms of Use, regardless of how many notices are received.

4.      Alternate Names. Pursuant to 17 U.S.C. § 512(c) and 37 C.F.R. § 201.38, we have registered the following alternate names with the Copyright Office: Lone Star Targeting, TAR, TAR MLS, Texas Association of REALTORS®, Texas REALTORS® MLS, Texas FormSource, Texas REALTORS®, and texasrealestate.com.  

XI.        General

All right, title and interest in and to the Site and Content belong solely and exclusively to Texas REALTORS® and/or any third party owner of particular Content. The Site and the Content are protected by applicable federal, state, and local laws, including but not limited to copyright and trademark laws. All rights not expressly granted or addressed herein are expressly reserved by TAR. If any portion of these Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of the Terms of Use, it will not be considered a waiver. Any amendment to or waiver of the Terms of Use must be made in writing and signed by us.