Agent Terms of Use

Last Updated: February 10, 2022

These Terms of Use (“Terms”) apply to your access to and use of the www.RealScout.com website, mobile applications, and all other web sites, provided by us with a link to these Terms (collectively the “ Sites”), as well as the products, content, features and services available on or through the Sites (collectively, together with the Sites, the “Services”) provided by RealScout, Inc. (“RealScout” or “we” or “ us”).

BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

If you are a real estate agent who received access to the Services from your real estate brokerage company, your use is also subject to the agreement between RealScout and the brokerage company (“ Broker Agreement”) and in the event of any conflict between these Terms and the Broker Agreement, the Broker Agreement will govern.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at feedback@realscout.com.

ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER ARE AUTHORIZED TO USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT TO REALSCOUT THAT YOU ARE AT LEAST 18 YEARS OLD AND CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. IF YOU DO NOT QUALIFY FOR THE SERVICES, PLEASE DO NOT ATTEMPT TO ACCESS OR USE THE SERVICES.

If you use our Services on behalf of another person or entity, (1) all references to “you” throughout these Terms will include that person or entity, (2) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (3) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

1. Privacy.

Please refer to RealScout’s Privacy Policy located at www.realscout.com/privacy for information on how RealScout collects, uses and discloses personally identifiable information from its users.

2. Account Credentials.

To use certain features of the Services, you may have to register for an account on the Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You are responsible for maintaining the confidentiality of your log-in credentials to use the Services and are fully responsible for all activities that occur through the use of your credentials. You will notify RealScout immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. RealScout will not be liable for any loss or damage arising from unauthorized use of your credentials. RealScout reserves the right to terminate your account, or reclaim usernames, (including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames) upon reasonable notice to you. However, if you are an independent agent subject to Fees (as defined below), if RealScout terminates your account or username without an ability to create an alternative account or username, for any reason other than your breach of these Terms, we will refund you a pro-rated amount of the Fees for the remainder of the subscription term that you have paid for.

3. Use of the Services .

License. You are granted a limited, non-sublicensable license (“ License”) to access and use the Services solely on the terms and conditions set forth in these Terms. The License does not include (and you are prohibited from): (a) modifying or otherwise making any derivative uses of the Services; (b) use of any data mining, robots or similar data gathering or extraction methods; (c) any reverse engineering, decompiling, disassembling or hacking of any aspect of the Services or any part thereof, or attempting to do any of the foregoing, except and solely to the extent permitted by these Terms; (d) downloading (other than the page caching) of any portion of the Services or any information contained therein, except as expressly permitted by these Terms; or (e) any use of the Services other than for their intended purpose. Any use of the Services other than as specifically authorized herein, without the prior written permission of RealScout, is strictly prohibited and will terminate the License granted herein.
Ownership. Except for the licenses granted herein, you acknowledge that you have no right, title or interest in or to the Services, RealScout Marks (as defined below), or any of the Services’ content . RealScout and its licensors own and reserve all right, title, and interest in and to all intellectual property rights embodied in or related to the Services or any of its content, except for Business Customer Information (defined below) and Submitted Data (defined below).
Third-Party Content. RealScout may provide information about third-party products, services, activities or events, or allow third parties to make their content and information available on or through the Services, including publicly available government sources or through multiple listing services or otherwise posted, transmitted, distributed or made available by third parties, including other users (collectively the “ Third-Party Content”). RealScout provides Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. RealScout does not approve, endorse, control, or adopt any Third-Party Content and makes no representation or warranties of any kind regarding such Third Party Content, and your access to and use of such Third-Party Content is at your own risk. Issues of data accuracy may be brought to the attention of RealScout by sending feedback but it is likely that such information accuracy cannot be corrected by RealScout and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the third-party listing agent under our terms with the various multiple listing services (each an “MLS”) that we use.
Additional Terms. The Services may occasionally require that you agree to additional terms to use the Services, including those relating to Third-Party Content. Any terms required by RealScout for use of any portion of the Services offered by RealScout (but not those of any Third-Party Content) will, unless otherwise expressly stated in such terms, supersede these Terms in the event of a conflict only as to the content, functionality or features of the Services with respect to which those terms relate. Such additional terms (if any) (but not those of any Third-Party Content or services) are hereby incorporated into and made a part of these Terms by reference.
Equal Housing Opportunity. All real estate advertised herein is subject to the Federal Fair Housing Act , which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. The U.S. Department of Housing and Urban Development (“HUD”) has published guidelines for those who advertise homes for sale. You can report housing discrimination to HUD in a number of ways, including via phone at 1-800-669-7777 or via web form. HUD provides a number of resources for consumers and professionals relating to fair housing. This is a good place to start: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights. State governments and many local governments have similar laws prohibiting discrimination in housing. This excellent resource can help you find local fair housing enforcement agencies around the country: http://www.fairhousing.com/index.cfm?method=agency.search.

4. Fees and Payment .

The following terms apply if you are an independent agent not accessing the Services through a brokerage company:

Fees. You will pay the applicable fees quoted to you on the Sites when you purchase the Services and any renewals of any of the foregoing (“ Fees”). Except where prohibited by applicable law or as otherwise set forth in this section, all of Fees are nonrefundable.
Payment. If you are subject to Fees, you will provide RealScout with current, complete, accurate and authorized payment method information. You authorize RealScout (and its payment processors) to charge your provided payment method for the selected Services. RealScout may bill your payment card: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis. If RealScout has not received your payment for Fees due, to bring your account up to date, RealScout may bill you simultaneously for both past due and current Fees. Regardless of your primary place of business, you will pay Fees using U.S. Dollars and you are solely responsible for all currency conversion costs from its local currency into U.S. Dollars. You authorize RealScout to store your payment method(s) and to automatically charge your payment method(s) upon renewal until you cancel in accordance with these Terms. If your primary payment method fails, you authorize RealScout to charge any other payment method you provided. If you fail to provide payment, RealScout may suspend your subscription. You may edit your payment information anytime within your account on the Sites.
Renewal. The subscription period for the Services will be as quoted on the Sites when you purchase the Services. The subscription will automatically renew subject to the same Fees and the same duration as the initial subscription terms. RealScout will charge your on-file payment method on the first day of the renewal of the subscription term.
Late Payment. Any amount due under these Terms that remains unpaid after its due date will bear interest from the date that such payment became delinquent until the date such amount is paid in full at the lower of 1.5% per month or the maximum rate permitted by law, calculated from the date such amount was due until the date that payment is received. You will pay RealScout such interest and all costs and expenses of collection (including attorneys’ fees) incurred by RealScout for collecting any such past due amounts. RealScout may suspend access to the Services, with thirty (30) days’ written notice, if you fail to make any payments when due; and Fees will continue to accrue during any such suspension.
No Refunds. All purchases of Services are final, unless prohibited by law or in the event of suspension of Services by RealScout in accordance withSection 15 of these Terms.

5. Business Customer Information and Submitted Data .

Business Customer Information. In the course of accessing and using the Services, you will submit or give us access to certain electronic data and information related to you and your organization’s business, including data concerning you and your organization’s end customers (collectively, “Business Customer Information”).
License Grant to Business Customer Information. You hereby grant RealScout a non-exclusive, royalty-free right to access, use, copy, distribute, perform, display and process Business Customer Information during the term to: (a) provide and improve the Services, including to prevent or address service or technical problems; (b) perform other activities at your direction or request, including processing initiated by you through your use of the Services; or (c) as compelled by law. Subject to the foregoing license, you and the entity you represent (as applicable) retain all right, title and interest in and to all Business Customer Information.
Processing. We process Business Customer Information to perform our Services on your behalf. You are the “controller” or “business”, as defined under applicable law, with respect to Business Customer Information. You, on behalf of you and the entity you represent (as applicable), represent, warrant, and covenant that (1) you have the right and obtained all necessary permissions and consents to use and submit the Business Customer Information in connection with our Services, and (2) you have delivered, and will deliver, any notices or disclosures required under applicable law or regulations for us to process Business Customer Information in connection with the Services.
Submitted Data. You are solely responsible for all content that you or your entity or any of your Clients provide through the Services, to RealScout, or from Third-Party Services (collectively, “Submitted Data”). You retain ownership of Submitted Data. However, in addition to any other rights granted to RealScout under these Terms, by providing Submitted Data through the Services, you grant RealScout and its licensors and providers all necessary rights and licenses in and to Submitted Data necessary for RealScout to provide you access to and use of the Services and otherwise perform its obligations described in these Terms. You represent and warrant to RealScout that neither Submitted Data nor the use of Submitted Data by RealScout as permitted will: (1) violate these Terms or any applicable laws, rules, or regulations; (2) be libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (3) constitute an infringement or misappropriation of the intellectual property rights or other rights of any third party; (4) be illegal in any way or advocate illegal activity; (5) be false, misleading, or inaccurate; or (6) be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message or disruptive advertisement. RealScout is not responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store or back-up any Submitted Data. You represent and warrant to RealScout that you have all rights, permissions, and consents necessary to grant RealScout each of the foregoing rights set forth in this Section.
Aggregated Data. In addition to the above, you hereby grant RealScout a non-exclusive royalty-free license to use the Business Customer Information and/or Submitted Data: in aggregate or de-identified form (the resulting data, “Aggregated Data”) for the purpose of providing, developing, improving, and/or reporting on the Services, for data analytics, to develop new products or services, and/or any other purpose not prohibited by applicable law. You hereby further grant RealScout a non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, reproduce, distribute, publicly display, publicly perform and create derivative works from the Aggregated Data for RealScout’s business and other purposes, in such a manner that neither you nor any of your end users can be identified from such data.
User Conduct. You will not, nor assist others to:
Attempt to, or harass, abuse, bully, intimidate or harm or advocate or incite harassment, abuse, bullying, intimidation or harm of another person or group, including RealScout employees;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
Solicit, collect or attempt to solicit or collect personal information from other users of the Services, or disclose personal information about a third person on the Services or obtained from the Services without the consent of such person;
Restrict, discourage or inhibit any person from using the Services;
Gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or website connected or linked to the Services;
Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services;
Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any part of the Services or any content on the Services, or features that enforce limitations on the use of the Services or any content on the Services;
Use any scraper, spider, cheats, exploits, robots or other automated means of any kind to access, modify or interfere with the Services, or harvest or manipulate data, except and solely to the extent permitted by these Terms and the features of the Services, deep-link to any feature or content on the Services, bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Services;
Crawl, scrape or download any property or other data for inclusion in another real estate search service, content aggregator, or for any other purpose not expressly permitted by these Terms;
Interfere with or disrupt the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of such networks or servers;
Post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms; and
Engage in any activities in connection with the Services that violate any applicable law, rule or regulation.
Enforcement of Rules. Enforcement of conduct rules set forth in these Terms is solely at RealScout’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content or conduct that is prohibited by such rules.

6. Intellectual Property Rights .

Generally. The Services and content made available on or through the Services, including without limitation, any text, software, graphics, designs, photos, sounds, music, videos and logos, is owned by RealScout, third party licensors of RealScout or users of the Services. Except as explicitly stated in these Terms, all rights in and to the Services, and any content available on or through the Services , and any intellectual property rights embodied or related to the Services or any content, are reserved by us or our licensors. Except as explicitly permitted on the Services, the Services and material made available on the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, modified, or distributed in any way without written permission of the owner.
Trademarks. REALSCOUT, the RealScout logo and any other RealScout product or service names, logos or slogans contained or used in connection with the Services (“RealScout Marks”) are trademarks or service marks of RealScout and may not be copied, imitated or used, in whole or in part, except as provided for in these Terms. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Trademark License . Subject to your continuing compliance with your obligations under these Terms, RealScout hereby grants you a non-exclusive, limited, right during the term of these Terms to display the RealScout Marks, solely in connection with your right to market the Services to and train your Clients. You will immediately change or discontinue any use of any RealScout Marks as requested by RealScout. RealScout has the right, at all reasonable times, to inspect the manner in which you use the RealScout Marks and the quality of any goods and services associated therewith. You will not use any RealScout Marks in a way that implies you are an employee, branch, or affiliate of RealScout, or in an entity name. You will not take or encourage any action during or after the term of these Terms that will in any way impair the rights of RealScout in and to the RealScout Marks or the goodwill inherent therein. Your use of the RealScout Marks and all goodwill therein inures solely to the benefit of RealScout.
Feedback. You agree that RealScout shall acquire, and you hereby assign and otherwise transfer to RealScout, any and all right, title, and interest in and to any actual or suggested modifications, design changes, improvements, and other information regarding the features and performance of the Services (“Feedback”), without the payment of additional consideration.

7. Service Security.

You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Services, at RealScout’s sole discretion. RealScout reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services.

8. Indemnity.

To the fullest extent permitted by applicable law, You will indemnify, defend, and hold harmless RealScout and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, employees agents, contractors, suppliers and licensors (the “RealScout Parties”), from and against any losses, claims, demands, suits, damages, liabilities, costs and expenses (“Claims”) arising out of or related to: (a) your access to or use of the Services; (b) Submitted Data, Business Customer Information, or Feedback; (c) your violation of these Terms; or (d) your conduct in connection with the Services, including your violation of the rights of any other person or entity. You agree to promptly notify RealScout Parties of any third-party Claims, cooperate with RealScout Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the RealScout Parties will have control of the defense or settlement, at RealScout’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and RealScout or the other RealScout Parties.

9. Disclaimers .

THE SERVICES AND THE THIRD-PARTY CONTENT ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, REALSCOUT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN LISTINGS OR AGENT INFORMATION INCLUDING RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE REALSCOUT PARTIES HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND THE THIRD-PARTY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR FROM REALSCOUT, OR AN EMPLOYEE OR REPRESENTATIVE OF REALSCOUT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THE REALSCOUT PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY FEATURES OR CONTENT OFFERED ON THE SERVICES, WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEY DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES OR ANY ASSOCIATED SERVICES OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING WITHOUT LIMITATION YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

10. Limitation of Liability.

IF YOU ARE AN AGENT WHO OBTAINED ACCESS TO THE SERVICES FROM YOUR BROKERAGE COMPANY, THE LIMITATION OF LIABILITY PROVISION IN THE BROKER AGREEMENT APPLIES TO YOU. IF YOU ARE AN INDEPENDENT AGENT, THE FOLLOWING TERMS APPLY TO YOU : IN NO EVENT WILL THE REALSCOUT PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) THE SERVICES AND THE USE, ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES; (B) ANY THIRD-PARTY CONTENT; (C) ANY INCENTIVES OFFERED BY THIRD PARTIES THROUGH THE SERVICES; OR (D) SUBMITTED DATA OR BUSINESS CUSTOMER INFORMATION MADE AVAILABLE THROUGH THE SERVICES, OR ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF ANY REALSCOUT PARTY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE AN INDEPENDENT AGENT, IN NO EVENT WILL THE REALSCOUT PARTIES BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE AMOUNT OF FEES YOU HAVE PAID REALSCOUT TO USE THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST CLAIM UNDER THESE TERMS. The limitations set forth in thisSection 10 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of RealScout or the other RealScout Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11. Release.

To the fullest extent permitted by applicable law, you release RealScout from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between Users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

12. Term and Termination .

Term. These Terms will be effective commencing with your first use or registration on the Services and will remain in full force and effect throughout your use of the Services. If you are subject to Fees, the Services will remain in effect for the initial term specified in your subscription terms and will automatically renew for consecutive terms of the same duration as the initial subscription term and subject to the same Fees paid during the initial term, unless the subscription is canceled by you or RealScout prior to any renewal of the subscription.
Termination by RealScout. RealScout may only terminate your subscription, including your account and your use of the Services, if you breach these Terms or the Broker Agreement, as applicable. If your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor.
Termination by You; No Refunds. You may terminate your use of the Services at any time by ceasing use of the Services. If you wish to terminate your account, you may do so by sending an e-mail to support@realscout.com or using any other account termination functionality that may be offered on or through the Services. For the avoidance of doubt, if you are an independent agent subject to Fees, if you terminate the Services during a subscription period, you will not be entitled to any refund of Fees paid for such subscription period.
Return of Submitted Data. If you are an independent agent not accessing the Services through a brokerage company, the following applies to you: for a period of twelve (12) months after termination of the Services, RealScout will retain the Submitted Data and, upon your request, provide a copy of the Submitted Data in CSV format to you. At the conclusion of the 12-month period, RealScout will permanently delete the Submitted Data, other than Aggregated Data, from the Services, except to the extent RealScout is required by applicable law to continue storing such Submitted Data.

13. Jurisdictional Issues.

The Sites are controlled and operated by RealScout from its offices within the State of California. Those who choose to access or use the Services from other locations, including from outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Sites from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited.

14. Governing Law; Venue.

The Agreement is governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules and without regard to the United Nations Conventions on Contracts for the International Sale of Goods. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California.

15. Miscellaneous .

Evolving Nature of the Services. The Services are subject to change at any time. RealScout reserves the right, at its sole discretion, to terminate, suspend, make changes to or modify the Services and its features and functionality, without notice. However, if you are an independent agent subject to Fees, if we suspend the Services for any reason other than your breach of these Terms, we will refund you a pro-rated amount of the Fees for the remainder of the subscription term that you have paid for. We continually strive to improve the Services but if you are at any time dissatisfied with the Services, then your sole remedy is to discontinue use of the Services. We do want to hear from our users so do not hesitate to send us an email at feedback@realscout.com to let us know what you think.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of RealScout to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms, and any rights and obligations granted hereunder, may not be transferred or assigned by you without the prior written consent of RealScout, but may be assigned by RealScout without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto and permitted successors and assigns.
No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RealScout as a result of these Terms of Use of the Site. You further acknowledge that by submitting Submitted Data or Business Customer Information, no confidential, fiduciary, contractually implied or other relationship is created between you and RealScout other than pursuant to these Terms.
Survival. Sections 1, 2,3,5,6,7,8,9,10,11,12,13,14,15,16,17, and 18 will survive any expiration or termination of these Terms.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Disclosures. The Site is offered by RealScout, Inc. located at RealScout, Inc., 548 Market St #98337, San Francisco, California 94104-5401 USA. You may contact us by sending correspondence to the foregoing address or by emailing us at feedback@realscout.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.

16. COPYRIGHT INFRINGEMENT.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send to RealScout a written notice by mail or e-mail, requesting that RealScout remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to RealScout a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to RealScout’s registered agent as follows: By mail to 548 Market Street #98337, San Francisco, CA 94104-5401; or by e-mail to dmca@realscout.com. The registered agent’s phone number is (650) 397 6500.

17. Apple Specific Terms.

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of the Services through any version of an application compatible with the iOS operating system (“App ”) of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to RealScout. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, RealScout’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

18. MLS Terms, Disclosures, and Disclaimers

Information about individual properties is provided by many listing sources, including one or more multiple listing services. Listing information is deemed reliable but not guaranteed. By using the Site, you agree to the following terms and conditions:

You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the ownership and validity of that MLS’s copyright to such data;
Information provided through the Site may be used only for personal, non-commercial use and only use by a viewer with a bona fide interest in the purchase, sale or lease of real estate of the type being offered via the Site or other electronic means; and
The viewer will not copy, redistribute or retransmit any of the data or information provided.

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