Houston Association of Realtors (“HAR”) and
Houston Realtors Information Service, Inc. (“HRIS”)
Terms and Conditions of Use (“Agreement”)

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS AND USE OF WWW.HAR.COM AND THE HAR/HRIS EXTRANET (collectively, the “Site”) CAREFULLY.

1. Acceptance of Terms of Use.
By using this Site with your personal login, you agree to be bound to these Terms and Conditions of Use. You acknowledge that you have agreed to, and have executed, either a hardcopy Subscriber License and Access Agreement or a Participant Subscriber License and Access Agreement, the terms of which govern your use of this Site and the information you access from it. The Terms and Conditions you are accepting by using this Site , are in addition to, or restate, those contained in that hardcopy Agreement. HAR and HRIS, its subsidiaries, members, business affiliates and suppliers (“we” “us” or “our”) make the information and services provided on this Site available to you, conditioned on your acceptance without modification of these terms, conditions and notices. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this Site after we post any changes to these Terms and Conditions you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept these Terms and Conditions at any time, please do not use this Site.

2. Scope of Terms and Conditions.
These Terms and Conditions apply to your use of this Site owned and operated by HRIS. These Terms and Conditions do not apply to your use of unaffiliated Sites to which our Site merely links.

3. Links.
These Terms and Conditions apply only to our Site and not to the web sites of any other companies, organizations or individuals including those to which our Site may link. We are not responsible for the availability of any other site to which our Site links. We do not take responsibility for the contents, advertising, products or other materials made available through other any site nor do we endorse the sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use or reliance on any content, goods or services available on any other site. Please direct your concerns to that site’s webmaster or appropriate contact.

4. Proprietary Rights and Restrictions on Use:
You acknowledge that the information available through this Site may include textual, statistical, financial, photographic, video and audio components which are protected by United States Copyright Law. You acknowledge that this information is confidential and its use is restricted to your own internal business purposes, and no other commercial purpose. You shall not reproduce, redistribute, publish, retransmit, broadcast, sell or license or allow anyone else to reproduce, redistribute, publish, display, retransmit, broadcast, sell or license any such information, except as agreed in writing between us. You agree to comply with any additional use restrictions which may be announced by HRIS at any time regarding specific information provided through this Site.

5. Copyright Ownership.
All rights, title and interest in this Site created by HRIS and in the ownership of the copyright therein, shall at all times remain vested in HRIS. HRIS shall have the right to license such compilations or portions thereof and any data contained therein to any entity pursuant to the terms agreed upon by the HRIS Board of Directors.

6. Restrictions on Use.
You may not modify, publish, copy, transmit, reproduce, license, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any and/or all information and content obtained from this Site. This prohibition includes, but is not limited to, the practice of “screen scraping” which we consider theft of our proprietary information and those who deal with our data in this manner may be subject to prosecution. By using this Site you warrant to HRIS that you will not use this Site for any unlawful purpose or any prohibited use pursuant to these Terms and Conditions. Your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation.

7. Security of Our Access ID’s and Penalties for Disclosure.
The unique alphanumeric ID we give to you for accessing the Site (“Access ID”) is owned by us. You shall treat the Access ID as private, confidential and personal and shall safeguard and maintain its confidentiality. Use by any other person shall be considered as theft. You are liable for any consequences that may result from unauthorized disclosure of the Access ID, whether intentional, negligent or inadvertent, including but not limited to immediate termination of this Agreement and liability for liquidated damages. Technological advances allow us to seed the data on this Site and to undertake user monitoring on a regular random basis such that violations of the security of our Access ID’s will be detected.

8. Liability Disclaimer.
You use this Site at your own risk. Your use of the data provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR MEMBERS, AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.

9. Warranty Disclaimer.
You expressly understand and agree that this Site and the information available through this Site is provided on an “as is” “as available” basis. HRIS does not warrant that this Site will be uninterrupted or error-free, and HRIS makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information available through the Site. HRIS expressly disclaims any and all warranties with respect to the Site and the information available through the Site, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. This Site and the information available through this Site are always subject to change.

10. Indemnification.
You shall indemnify and hold us and third-party information suppliers, harmless from any and all liability (including reasonable fees of attorneys and other professionals) arising from any claim or proceeding initiated by any third party against us, based upon (a) any inaccuracy of any listing information supplied by you, (b) any unauthorized use of our Access ID’s, (c) any unauthorized use of the Site, or (d) infringement of any third party’s proprietary or contract right as a result of the availability of your listing information on this Site.

11. Membership Termination.
Should you terminate REALTOR® membership with your local association or board of REALTORS® or terminate participation in the HRIS Multiple Listing Service, any licensed agent subscriber and non-licensed office staff affiliated with you shall also be terminated.

12. Changes to the Site.
HRIS may make changes or improvements to the information, services, products or other materials on this Site at any time without notice.

13. Confidentiality.
(a) You shall use the Site only for the purposes set forth in these Terms and Conditions, and you shall make no copies, extracts, digests or summaries for any other purpose, except in strict furtherance of the limited purposes stated herein. You shall maintain the source of the data contained in the Site as confidential information. (b) You shall not disclose or provide access to this Site to any friends, affiliates, parent organization, subsidiaries, corporate partners, consultants, shareholders, agents, third parties or any persons. You agree not to provide or otherwise make available any licensed program or material or access to the Site to any person without prior written consent from us. (c) You acknowledge that the Site is proprietary to us, has been developed as a commercial trade secret at the expenditure of our time and money, and is furnished to you in trust. You agree that you will hold and use the Site in the same manner as you deal with your own proprietary information and trade secrets. (d) You shall initiate strict security measures to prevent the accidental or otherwise unauthorized use or release of access to the Site, with particular respect to consumer information that is considered “sensitive”, namely: financial information including, but not limited to, listing price, sales price, mortgage values, real estate loan information, default and foreclosure information, as related to a named individual owner. (e) Upon your violation of this paragraph, and without cause stated, we may exclude you from access to the Site and thereby terminate this agreement upon notification by us.

14. Privacy.
We are committed to protecting privacy and security and have explained in detail what we do. We urge you to read our Privacy Policy. If you will use any information from this Site, or cause any information from this Site to be used, for your internal business purpose of marketing, your marketing efforts, solicitations, ad copy and/or other communications using or derived from the Site, shall: a) exclude any reference to information that is specific to any particular individual recipient of any such marketing communication; and b) comply with all applicable privacy, data security, best practices and all other laws, rules and regulations relevant to your business model, including but not limited to, the “Controlling the Assault of Non-Solicited Pronography and Marketing Act” (CAN-SPAM Act of 2003), the “Texas Spam Law” (Texas Statutes, Title 4 Business & Commerce Code, Chapter 46, Electronic Mail Solicitation), the Gramm Leach Bliley Act, the Final Rules promulgated by the Federal Trade Commission in furtherance of the Gramm Leach Bliley Act, the Telephone Consumer Protection Act of 1991, as amended, the Fair Credit Reporting Act, Federal Do-Not-Call laws, various State Do-Not-Call laws, and the Direct Marketing Association’s applicable privacy and information security policies.

15. Jurisdictional Issues.
We operate and control our Site from our offices in Houston, Texas in the United States of America. We do not represent that materials on this Site are appropriate or available for use in other locations. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local privacy, consumer protection and other laws, if and to the extent such local laws are applicable.

16. Miscellaneous.
These Terms and Conditions will be governed by laws of the State of Texas without regard to principles of conflicts of laws. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions will be subject to binding arbitration in accordance with the American Arbitration Association and will be arbitrated in Houston, Texas.

If any of these Terms and Conditions are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.

This Agreement may be modified only by our posting of changes to these Terms and Conditions. Any inquiries regarding these terms and conditions of use should be directed to privacy@har.com