ProRealtour Terms of Service Agreement

TERMS OF USE

By Agreeing you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

THIRD PARTY SITES

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of ProRealtour, and you acknowledge that ProRealtour is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by ProRealtour or any association with its operators. You also recognize that while ProRealtour endeavors to ensure that third party websites are always operational, ProRealtour cannot and does not guarantee their continuous operation. Accordingly, as a condition of being a user of this website, you release and hold ProRealtour harmless from any and all claims of injury and/or damage arising out of or in connection with the non-operation of any third party internet site that includes a feature or link from your property website.

Your websites may use features from third party websites. These features include but are not limited to: Market Reports, Property Search, Recently Sold Homes, Neighborhood demographics and information, Google Maps and Microsoftís Virtual Earth mapping software. ProRealtour has no control over these websites or the products they offer. You acknowledge that ProRealtour is not responsible for the accuracy, copyright compliance, legality, decency, functionality, operation, or any other aspect of the content or function of such sites. ProRealtour reserves the right to discontinue any feature offered by a third party vendor, or replace the feature with a similar product at anytime without notice. You also recognize that while ProRealtour endeavors to ensure that features using third party websites are always operational, ProRealtour cannot and does not guarantee their continuous operation. Accordingly, as a condition of being a user of this website, you release and hold ProRealtour harmless from any and all claims of injury and/or damage arising out of or in connection with the non-operation of any third party internet site that includes a feature or link from or on any of your purchased websites from ProRealtour.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on the ProRealtour website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You acknowledge and agree that all content including layout and design reside on the ProRealtour server and cannot be transferred or moved to a different host, or website server. Except as expressly authorized by ProRealtour, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ProRealtour is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

DOMAIN NAME

In the case of ProRealtour.com, single property websites, ProRealtour will register your requested domain name and obtain ownership of said name. Use of the domain name is included in your upgrade fee. You may continue to use the name after your initial 12 month subscription by extending your hosting with ProRealtour.

USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to this site, you:
grant ProRealtour and its affiliates and licensees the right to use, edit, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by ProRealtour will not infringe upon or violate the rights of any third party.

INTERNATIONAL USE

ProRealtour makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

RESPONSIBLITY FOR CONTENT

You acknowledge that you are solely responsibly for the content of your website. You represent and warrant that:

You have received permission from the homeowner/seller to place information concerning the property on this internet site. You agree to indemnify and hold ProRealtour harmless from any and all claims of third parties arising out of or in connection with the placement of the property information on this site.

The information regarding this property is accurate and correct to the best of your knowledge and belief and that you have verified the information in accordance with the present custom and practice in the industry. You agree to indemnify and hold ProRealtour harmless from any and all claims of injury and/or damage arising out of or in connection with the accuracy of use of the information on this internet site.

You have been authorized by your employer and/or the owner of the name, service mark/trademark to place its name/service mark/trademark on this internet site. You agree to indemnify and hold ProRealtour harmless from any and all claims by such entity relating to the placement of its name/service mark/trademark on this site.

You own or otherwise control all of the rights to the content or that the content is in the public domain and that public posting and use of your content by ProRealtour will not infringe upon or violate the rights of any third party.

You agree to use this site for lawful purposes only and not to post or link to material that is unlawful, vulgar, profane, defamatory, abusive or otherwise objectionable. You recognize ProRealtour has the right to remove any material and pull any tour for any reason that it deems reasonable.

MASS ELECTRONIC MAIL (SPAM)

This section outlines Provider's policy on unsolicited mass e-mail and newsgroup postings, commonly known as, and referred to herein as "SPAM". For the purpose of this agreement, "unsolicited e-mail" shall be defined as: any electronic mail sent to a given list of address(es) for which the owner(s) have not given express permission for the Client's use in mass communication. ProRealtour network's resources may not be used by Client to e-mail or mass e-mail any user(s), or groups of users who have not indicated an express willingness to receive said mailings. SPAM may not be used as a means of promotion for Websites, products or services hosted on ProRealtour's network regardless of whether or not SPAM is sent through our network. Any violation of this policy may result in termination of this Agreement and website service disconnection without prior notice.

HOMEOWNER PRIVACY POLICY

If the homeowner (seller or new buyer) request that their website be taken down, ProRealtour reserves the right to do one or more of the following: Change the domain name, remove the property address, replace one or more of the original photos with generic home photos, or take the website off line. ProRealtour will make every effort to keep the website active while maintaining the privacy rights of the homeowner.

INDEMNIFICATION

Upon a request by ProRealtour, you agree to defend, indemnify, and hold harmless ProRealtour and other affiliated companies, and their employees, contractors, officers, directors, members and managers from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. ProRealtour reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ProRealtour in asserting any available defenses.

DISCLAIMER OF WARRANTIES ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PROREALTOUR, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

You recognize that ProRealtour cannot and does not independently verify the accuracy of any information provided by you for use on this internet site.

You also recognize that while ProRealtour endeavors to ensure that our administrative website(s) and your website(s) purchased through one of our website template programs are always operational, ProRealtour cannot and does not guarantee Their continuous operation. Accordingly, as a condition of being a user of this website, you release and hold ProRealtour harmless from any and all claims of injury and/or damage arising out of or in connection with the accuracy of the information on this internet site and/or the non-operation of your property website(s), your agent website, or your agent announce email campaign or of the administrative website(s).

The total liability of ProRealtour, and its affiliates, employees, contractors, officers, directors, members and managers, for actual damages, losses and costs arising from any and all claims, including without limitation, claims for breach of warranty, breach of contract, negligence, strict liability and any other cause of action brought by anyone using the ProRealtour website will be limited to but will not exceed the lesser of (i) the actual damages, losses and costs incurred, or (ii) the gross receipts that ProRealtour has received in connection with the use of such website by such party for the twelve (12) months immediately preceding the action.

UNDER NO CIRCUMSTANCES SHALL PROREALTOUR, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PROREALTOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROREALTOUR'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.