Last Updated: September 17th, 2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND REALSCOUT. BY ACCESSING OR USING OUR SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
Welcome and thank you for your interest in RealScout, Inc. (“RealScout,” “we” or “us”). The following Terms of Use, and any additional terms and policies incorporated by reference herein (collectively, the “Terms”), govern your access and use of the website located at www.RealScout.com and all other web sites, mobile sites, applications, widgets, tools, and other services provided by us which a link to these Terms Policy is displayed (collectively the “Sites”), as well as the content, features and services available on or through the Sites (collectively, together with the Sites, the “Services”). The terms “you” and “your” refer to the user using or visiting the Services.
Use of the Services by real estate brokers and agents is also subject to the terms and conditions set forth in the RealScout Agent Membership Agreement (the “Agent Agreement”). In the event of any conflict between these Terms and the Agent Agreement, the Agent Agreement will govern.
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.
“User Content” means any content or material that users post, upload or transmit to or through the Services including, without limitation, text, photos, video, graphics, music, sound, messages, materials, data, information, comments, messages, or any other items . You are solely responsible for all User Content you create, post, upload or transmit to the Services, and you agree that such User Content will not (i) infringe or violate the rights of any third party, (ii) violate any applicable law, rule or regulation, (iii) be unlawful, libelous, defamatory, obscene, pornographic, vulgar, indecent, lewd, sexually explicit, suggestive, violent, harassing, threatening, harmful, hateful, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable or (iv) contain any viruses, corrupted data or other harmful, disruptive or destructive files.
You agree, represent, and warrant that (i) any User Content you upload or transmit to the Services complies with these Terms and is truthful, accurate, not misleading, and offered in good faith, (ii) you have all rights, licenses, permissions, and authorizations necessary to upload or transmit the User Content to the Services and grant the rights to the User Content as set forth in these Terms, (iii) you will not upload or transmit any User Content to the Services where the rights have not been cleared for the Use (defined below) of such User Content on the Services, and (iv) the Use of such User Content in a manner consistent with these Terms will not infringe or violate the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity. We have the right, but not the obligation, to monitor, review, access, and remove any or all of your User Content from the Services at our sole discretion.
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.
The Services are not intended for children under the age of 18. By using the Services, you affirm that you are at least 18 years of age. If you are under the age of 18, you are not authorized to use or access the Services.
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:
The “Days on RealScout” value is derived from the date the listing was first displayed on RealScout's Services, not from data in the MLS listing. The Site is offered by RealScout, Inc. located at 548 Market St #98337, San Francisco, California 94104-5401. You may contact us by sending correspondence to the foregoing address or by emailing us at feedback@realscout.com.
The following disclaimers apply to listings only from that particular data source:
RealTracs MLS © 2024 RealTracs. Information Deemed Reliable But Not Guaranteed.
You agree to indemnify, defend, and hold harmless RealScout, its parent, subsidiaries, affiliates, investors, employees, consultants, licensors and sublicensees , and their respective shareholders, directors, officers, employees, agents, representatives, contractors, licensors, suppliers and assigns, from and against all claims, suits, damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (1) your use or misuse of the Services; (2) your User Content; (3) your breach or alleged breach of any representations and warranties set forth in these terms; (4) your violation of these Terms; or (5) your conduct, including your violation of the rights of any other person or entity. Notwithstanding the foregoing, RealScout reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RealScout if RealScout, in its reasonable discretion, concludes that you are not adequately protecting RealScout’s interests or are incapable of protecting RealScout’s interests, and you agree to cooperate with RealScout’s defense of these claims. You agree not to settle any indemnified matter without the prior written consent from RealScout. RealScout will use reasonable efforts to notify you of any such claim, action or proceeding promptly after becoming aware of it.
IN NO EVENT WILL THE REALSCOUT PARTIES BE LIABLE TO ANY PARTY 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 PRODUCTS AND SERVICES OR OTHER PRODUCTS ADVERTISED, PROMOTED OR DISPLAYED ON THE SERVICES; (c) ANY INCENTIVES OFFERED BY THIRD PARTIES THROUGH THE SERVICES; AND (d) CONTENT (INCLUDING WITHOUT LIMITATION USER CONTENT AND THIRD-PARTY CONTENT) MADE AVAILABLE THROUGH THE SERVICES, IN EACH INSTANCE, INCLUDING, WITHOUT LIMITATION, 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. IN NO EVENT SHALL THE REALSCOUT PARTIES BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE AMOUNT OF FEES; IF ANY, YOU HAVE PAID REALSCOUT FOR THE SERVICES IN THE 180 DAYS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND REALSCOUT, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND REALSCOUT, THE REALSCOUT PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT REALSCOUT WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
Please refer to RealScout’s Privacy Policy for information on how Real Scout collects, uses and discloses personally identifiable information from its users.
The Site is controlled and operated by RealScout from its offices within the State of California. RealScout makes no representation that materials accessed on or through the Services are appropriate or available for use in other locations. 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 Site from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited. This Agreement will be governed by the laws of the State of California, without reference to its conflict of law principles.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH REALSCOUT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM REALSCOUT.
You and RealScout agree to arbitrate any dispute arising from these Terms or your use of or inability to use the Services, except that you and RealScout are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents (other than User Content). ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and RealScout further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in San Francisco, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Santa Clara county and California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this agreement and the laws of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and RealScout will not commence any class action, class arbitration or other representative action or proceeding arising from or relating to these Terms or your use of or inability to use the Services.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.