- 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.
- 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.
- 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.
- By “use” we mean use, copy, reproduce, publicly perform or display, distribute, modify, translate, and create derivative works of.
- 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
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:
- 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;
- You will not upload viruses or other malicious code;
- You will not use mipimtexas.com to do anything unlawful, misleading, malicious, or discriminatory;
- 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.
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:
Texas Association of REALTORS®, Inc.
1115 San Jacinto Boulevard, Suite 200
Austin, Texas 78701
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.
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.