Terms Of Use
CAROLINAREALTORS.COM WEBSITE TERMS OF USE
General
Welcome to the carolinarealtors.com website (the “Site”). Canopy Realtor® Association, Canopy MLS and Canopy Housing Foundation (collectively, the “Companies”) request that you carefully read these terms and conditions (the “Agreement”) and the Privacy Policy of this Site before accessing the Site. By accessing this Site, you agree to be bound by all of the terms and conditions in this Agreement along with all amendments, operating rules, and policies relating to this Site and all information and materials appearing herein. If you do not accept the terms of this Agreement or the Privacy Policy, then do not use or access this Site. The Companies reserve the right to change or modify any of these terms and conditions or any policy or guideline related to this Site or any services provided herein at any time and in their sole discretion without notice of any kind other than posting such changes or modifications on this Site. Your continued use of this Site following the posting of such changes or modifications shall constitute your agreement to and acceptance of such changes or modifications.
Access
You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Site. The Companies make no guarantees as to the continuous availability of the Site or its Content (as defined below). The Companies may, at any time without notice, make changes to this Site or to the Content. Except as expressly set forth herein or in the terms of any other applicable agreement between you and any of the Companies, no rights of any kind are granted to you with respect to the Site or the Content. Access to the Site may be unavailable, interrupted, or disconnected at any time without notice. Your access of the Site and any Content thereon is at your own risk, and the Companies make no warranty or representation that the Site is error-free, virus-free, or compatible with any particular kind or type of computer equipment or software.
Content
Unless otherwise indicated, this Site and its entire contents, including but not limited to the text, information, material, software and graphics (collectively the "Content") are owned and/or controlled by one or more of the Companies. Except as may be otherwise permitted by any of the Companies, neither this Site nor any of its Content may be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way without the Companies’ prior written permission. You may not sublicense, transfer or otherwise make any Content available to any third party for commercial purposes or financial gain or use the Content in any other media or in any other location other than as expressly permitted, in writing, by the Companies. Also prohibited are: modification of this Content or use of it for any commercial purpose or any other public display, performance, sale, or rental, except as may be expressly permitted, in writing, by any of the Companies, , decompilation, reverse engineering, or disassembling of software materials; removal of any copyright notice or other proprietary notice from the Content; or transferring of any Content to any person or entity without authorization. With the exception of those trademarks appearing on the Site which are owned by third parties, you acknowledge that the Companies retain ownership of all Content and trademarks included on the Site. The term Realtor® and the Block “R” logo are trademark/service marks of the National Association of Realtors® (“NAR”) and are the property of NAR and all rights in those trademarks/service marks and logos are reserved unto NAR. Members of NAR using any of the membership marks are bound by and should refer to the rules and regulations governing use of those marks to assure proper usage. Your use of any Content must comply with all applicable laws. ALL CONTENT IS PROVIDED “AS IS” AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS AGREEMENT.
You acknowledge that all information on this Site is presented in summary form only. The Companies cannot guarantee that any of the Content is necessarily complete, accurate, or up-todate. None of the Content should be construed as legal or accounting advice from any of the Companies, whether generally or for any specific factual situation, and is not meant as a substitution for professional advice from a qualified legal or accounting professional.
Your use of any aspect of the Site or Content is not intended to create and does not create an agency or representation relationship of any kind between you and any of the Companies.
Privacy
Please review this Site’s Privacy Policy, which also governs your use of and interaction with this Site. Any "personal information" contained in electronic communications to the Site is governed by this Site's Privacy Policy. However, any other communication or material that you transmit to this Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like may be treated by the Companies as non-confidential and non-proprietary.
Restrictions and Indemnification
You shall not access or use the Site in any way that interferes with its rightful use by other users or otherwise in violation of any applicable federal, state, or local law, regulation, or ordinance, in derogation of any legal right or interest of any third party, or in violation of any applicable policy of any of the Companies. You hereby agree to indemnify and hold the Companies, their parents, subsidiaries, affiliates, officers, directors, agents, insurers, and employees, and all other users, harmless from any claim or demand, including attorneys' fees, made by you or any third party due to or arising out of your use of the Site or the Content, your violation of this Agreement, or your infringement of any intellectual property or other right of any person or entity by virtue of your access or use of the Site or the Content.
Warranty Disclaimer
THE COMPANIES EACH DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO ALL CONTENT OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS REPRESENTATIONS AND WARRANTIES OF TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, WORMS, AND OTHER OPERATING PROBLEMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitation Of Liability
You understand that the Companies cannot verify information submitted online by you, and any errors in gathering or reporting such information shall be your sole responsibility. NONE OF THE COMPANIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH OR AS A RESULT OF YOUR USE OF THE SITE. You acknowledge that there is no guarantee that participating in any online communication with any of the Companies or any other party on or in connection with the Site or any services provided therein (including, without limitation, any message boards) will be absolutely secure and you assume sole responsibility for all risks that any information or data provided by you online may be accessed by or otherwise become known to others without the Companies’ knowledge or consent. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY OF THE COMPANIES BE LIABLE TO YOU FOR ANY AND ALL LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, INTERRUPTION OF BUSINESS, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INJURIES, LOSSES, CLAIMS, ACTIONS, CHARGES, FEES, AND LAWSUITS WHATSOEVER, WHETHER IN TORT, CONTRACT, OR OTHERWISE, ARISING FROM, AS A RESULT OF, OR IN CONNECTION WITH THE SITE OR ANY CONTENT OR SERVICES PROVIDED THEREON, WHETHER OR NOT FORESEEABLE AND REGARDLESS OF WHETHER ANY OF THE COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Copyright and Trademark
Except as may be specifically indicated in the Site, all Content, the selection and arrangement thereof, and the copyrights therein are the property of one, some, or all of the Companies. You may view, copy or print pages from this Site solely for your own internal purposes or for commercial purposes that have been approved by the Companies, and pursuant to the terms of any established contractual relationships between you and any of the Companies. Except as expressly permitted herein, you may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any Content without the express written permission of the holders of all applicable copyrights or other legal owners. Direct and indirect damages, including without limitation statutory damages for copyright infringement, will be awarded in favor of the Companies and/or all applicable copyright holders or other legal owners for any violation of the restrictions in this Agreement. All page headers, custom graphics and button icons on the Site are trademarks, service marks and/or trade dress of one, some, or all of the Companies. All other trademarks, product names and company names or logos cited on the Site are property of their respective owners. ALL RIGHTS ARE RESERVED AND NO TRADEMARK LICENSE IS GRANTED HEREBY.
Links
The Site may have links to other sites on the World Wide Web or other areas on the Internet. These links are provided as a convenience to access the information contained therein. Any inclusion of such links is not necessarily an endorsement of such sites and the Company makes no warranty or representation regarding the content therein (including without limitation its accuracy, timeliness or otherwise) or the products and/or services available on any such sites. Similarly, links to this Site by third-party resources or sites does not indicate endorsement or authorization by any of the Companies of any such resource or site. You should direct any concerns regarding any external link to the site administrator or Webmaster of such other site.
Advertisers
Your dealings with advertisers and third party vendors found on or through this Site, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party advertiser or vendor. The Companies do not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and you agree that the Companies will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on the Site. You acknowledge that such third party sites usually have their own terms and conditions, including privacy policies over which the Companies have no control and which will govern your rights and obligations with respect to the use of those sites.
Termination
Any of the Companies may terminate this Site, or any portion hereof, any Content, or your use thereof at any time in its sole discretion and without notice to you or any other person or entity. None of the Companies shall have any liability to you or any third party because of such termination.
Miscellaneous
The Agreement shall be construed, interpreted, and governed by the laws of the State of North Carolina, without regard to the conflicts of law provisions thereof. Unless a dispute must be resolved under the terms of an applicable policy of any of the Companies, you agree to submit to the exclusive jurisdiction and venue of the North Carolina General Court of Justice in Mecklenburg County, North Carolina, for any and all disputes, claims, suits, and actions arising from, related to, or in connection with the Agreement, the Site, or any Content; or in which the Agreement, the Site, or any Content is a material fact.
Use of the Site is not authorized in any jurisdiction where the use of all or any portion of the Site may violate any legal requirements or that does not give full effect to all provisions of the Agreement, including without limitation this paragraph, and you agree not to access the Site in any such jurisdiction.
The failure of any of the Companies to exercise in any respect any right provided for herein shall not be deemed a waiver unless in writing, and will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with the prior written consent of the Companies. Any of the Companies may assign this Agreement to any third party at its sole discretion, and without your authorization or approval.
A printed version of any portion of this Agreement and/or of any notice given by any of the Companies in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by any of the Companies in printed form. In any action or proceeding against you to enforce any rights under this Agreement, if any of the Companies prevail in such action they will be entitled to recover costs and reasonable attorneys' fees from you.
If you have any questions, or need any further information, please send an email to the following address: riskmanagement@carolinahome.com. You may also contact Michele McCaskill, vice president risk management by mail at the following address:
1120 Pearl Park Way, Suite 200
Charlotte, NC 28204
Claims of Copyright Infringement & Related Issues (17 USC § 512 et seq.)
We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent by providing the following information:
a. Identification of the copyrighted work that you claim has 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 the site;
b. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the copyright agent can locate it;
c. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
d. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Upon obtaining such knowledge we will act expeditiously to remove, or disable access to, the material. Please be aware that there are substantial penalties for false claims.
If a notice of copyright infringement has been wrongly filed against you, you may submit a counter notification to our agent. A valid counter notification is a written communication that incorporates the following elements:
a. A physical or electronic signature of the poster;
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
d. Your name, address, and telephone number; a statement that you consent to the jurisdiction of federal district court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found; and that you will accept service of process from the complainant.
Notices of the foregoing copyright issues should be sent as follows:
By mail:
Carolina Multiple Listing Services, Inc., d/b/a Canopy MLS
1120 Pearl Park Way, Suite 200
Charlotte, NC 28204
United States
Attention: DMCA Designated Agent
By e-mail:
If you give notice of copyright infringement by e-mail, an agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/onlinesp.