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Section
1. Contract between You and Us. 2. Our Content. 3. Your Content 4. External
Links. 5. Content Use Limitations. 6. Accounts. 7. Use of the Services. 8.
HAR.comText Notifications. 9. LIABILITY AND DAMAGES LIMITATIONS. 10. WARRANTY
DISCLAIMER. 11. INDEMNITY. 12. No Personal or Legal Advice. 13. Changes to Site
or Agreement. 14. Privacy Policy. 15. Choice of Law, Jurisdiction and Venue. 16.
Business Dealings.. 17. Waiver. 18. Entire Agreement.. 19. Copyright Notice. 20.
Copyright Counter-Notice. 21. Termination.


TERMS OF USE

Effective on: 8/9/2022

PLEASE CAREFULLY READ THE BELOW HAR.COM TERMS OF USE (“Terms”).


1. CONTRACT BETWEEN YOU AND US.

Welcome to HAR.com, operated by Houston Realtors Information Service, Inc.
(“HRIS” also “we”, “us” or “our”). These Terms govern your access to and use of
HAR.com. We provide access to and use of information, content and communication,
including, but not limited to, accounts, blogs, property data, property access,
scheduling a property showing, consumer information, ratings, reviews, postings,
mobile services, applications, advertising, email, text, virtual or digital
display and APIs, by and through HAR.com (the “Services”). The Services are
available to any person or entity (“you” or “your”) conditioned on the
acceptance of these Terms. By visiting HAR.com or using the Services whether by
desktop, laptop, television, application or by any other device or means, you
have agreed with HRIS to be bound by these Terms (the “Agreement”), including
any future modifications to the Terms that may be posted by or through HAR.com.
Further, you acknowledge reading and understanding this Agreement. If you have
entered the Agreement acting on behalf of a company, organization, governmental
or other entity, you represent that you are authorized to do so and bind such
entity to these Terms. You must be 18 years of age or older to access HAR.com or
use the Services. You represent that you will use the Services in compliance
with this Agreement and all applicable local, state and federal laws, rules and
regulations.


2. OUR CONTENT.

You agree that the content and technology provided through HAR.com or by the
Services, including, but not limited to, textual, statistical, financial,
factual, photographic, video, recordings, audio, selection and arrangement of
property data and all other data or communication, available through or
displayed by HAR.com (the “Content”), is exclusively owned or controlled by HRIS
and/or its licensors, and is protected by United States copyright and
intellectual property laws. You acknowledge that your use of the Content will be
restricted to your own personal, non-commercial use. You shall not convert,
reproduce, redistribute, publish, display, retransmit, broadcast, sell or
license or allow anyone else to convert, reproduce, redistribute, publish,
display, retransmit, broadcast, sell or license the Content. You agree to comply
with any additional use restrictions which may be posted by HAR.com at any time
regarding the Content.


3. CONTENT USE LIMITATIONS.

Unless we expressly authorize you in writing, you may not modify, publish, copy,
display, transmit, reproduce, license, create derivative works from, adapt,
transfer, sell or in any manner commercially exploit any of the Content. This
prohibition includes, but is not limited to, the practice of “screen scraping”
which we consider theft or conversion of the Content and those who obtain the
Content in this manner will be liable to HAR.com. By using HAR.com or the
Services you represent to us that you will not use your content or the Content
for any unlawful purpose, tortious conduct or any prohibited use. If we
determine, in our sole discretion, that you are in violation of the Agreement,
then we may block your access to or use of HAR.com and/or the Services or
terminate this Agreement.


4. YOUR CONTENT.

You alone are responsible for the content you create (and do not receive from
us) such as your blogs, ratings, comments, reviews, articles, audio, video,
photos, virtual presentations or other data or communication that you submit to
or transmit through HAR.com or the Services (“your content”). You retain your
rights to your content, though we may use your content in a number of different
ways, including using it as a part of the Services, reformatting it, publicly
displaying it, incorporating it into advertising, creating derivative works from
it and allowing other third parties to use it as distributed to them by us. You
represent that you have the legal right to and do hereby irrevocably grant to us
a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable
and transferable license to use your content as we choose. You represent to us
that your content is not in violation of any laws, including, but not limited
to, patent, privacy, copyright, trademark or other common laws, statutes or
contractual rights. In addition to the indemnity provision in Paragraph 9, you
agree to pay all royalties, fees, fines or any other monies owed to any person
or entity as a result of your content submitted to or posted on HAR.com. You
agree that your content will not be unlawful, threatening, abusive,
pornographic, harassing, violent, invasive, in violation of copyright,
trademark, patent, trade secret or other rights, false, misleading, defamatory,
tortious or discriminatory which includes hateful content based on race, color,
religion, sex, handicap, familial status, national origin, sexual orientation,
or gender identity. You are solely responsible for the completeness and accuracy
of your content, and you waive any claim that your content violates any of your
rights to privacy. You also agree not to submit your content in a commercial
manner such as advertising or promoting your services without a separate written
agreement. We reserve the right, but have no obligation or responsibility, to
remove, monitor, screen, store or edit your content. We also reserve the right,
at our sole discretion, to terminate your account and to remove your content
from HAR.com for any reason or no reason, though we reserve the right to store
and use your content, even after termination, as previously expressed herein.


5. EXTERNAL LINKS.

HAR.com may contain links to third-party websites or advertisers (collectively
“External Links”). We are not responsible or liable for: (i) the availability or
accuracy of such External Links; or (ii) the information, products, or services
on or available from such External Links. The providing of External Links does
not imply any endorsement by us of such websites or resources or the
information, products, or services available from such External Links. When you
engage or access External Links, you are interacting with that third party and
not with us. Thus, your identity, information and data may be used by such
External Links. You acknowledge sole responsibility for and assume all risk
arising from your use of any such External Links, and we urge you to read the
terms of use and privacy policy available from such External Links since they
will apply to you. Further, please see our Privacy Policy as it relates to use
of External Links by you.


6. ACCOUNTS.

Services include those that require you to register information or create an
account to access certain areas of HAR.com, to have contact with a
Realtor®/licensee, to access a property or to schedule a property showing. These
are also known as “Account Services”. For Account Services, when prompted or
asked, you agree to provide and maintain accurate, current and complete
information, including your contact information such as your email address and
your mobile phone number, for notices and other communications from us or a
Realtor®/licensee. By providing your contact information and opting into the use
of Account Services, you consent to us or a Realtor®/licensee, as may apply,
contacting you and providing information to you by your email address and by
your mobile phone number, including via phone calls, whether live or automated,
phone recorded messages and SMS, MMS and text messages, which email address and
mobile phone number you provide to us through the Account Services (“Account
Contacts”). You consent to us or a Realtor®/licensee, as may apply, using
third-party and publicly sourced information about you generated from Account
Contacts and information you submit to Account Services. If a Realtor®/licensee
has your Account Contacts, then you represent to us that the Realtor®/licensee
has your consent to provide to us your Account Contacts for our use. As a
Realtor®/licensee, you represent to us that Account Contacts and information you
provide to us on behalf of a buyer or seller or your client is done so with
their consent. You agree not to impersonate or misrepresent your affiliation
with any person or entity, including using another person’s email, password or
other account information, or another person’s name or likeness. You are
responsible for all activities that occur through your account and password. You
do have the right to terminate, control or modify information in your account
settings at any time. HRIS reserves the right, in its sole discretion, to
terminate or restrict your account at any time and for any reason, with or
without notice.


7. USE OF THE SERVICES.

Your use of the Services and HAR.com is by your consent.  You represent to HRIS
that any and all use of the Services by you will be done in an ethical, legal
and lawful manner, abiding by any applicable federal, state and local law, and
any applicable code of ethics. For example, you shall NOT by use of the
Services:

 a. deny equal professional services to any person for reasons of race, color,
    religion, sex, handicap, familial status, national origin, sexual
    orientation, or gender identity, and you shall not be a party to any plan or
    agreement to discriminate against a person or persons on the basis of race,
    color, religion, sex, handicap, familial status, national origin, sexual
    orientation, or gender identity.
 b. display information regarding the racial, religious or ethnic composition of
    any neighborhood.
 c. display information that indicates preference, limitations or discrimination
    based on race, color, religion, sex, handicap, familial status, national
    origin, sexual orientation, or gender identity.
 d. cause any person to be denied access to a property for sale or lease based
    on that person’s race, color, religion, sex, handicap, familial status,
    national origin, sexual orientation, or gender identity.
 e. cause practices that result in a restraint of trade or are considered
    anti-competitive such as suggesting that broker commissions or compensation
    are set by “industry standards”, group boycotts of a competitor or choosing
    not to show a property based on commission or compensation being offered.

HRIS reserves the right, at its sole discretion, to terminate or restrict your
Services at any time, with or without reason or notice.


8. HAR.COMTEXT NOTIFICATIONS.

 A. Description and Opt In Terms
    HRIS may provide you with an opportunity to opt in to receive notifications
    about your account through text message on your wireless device. By opting
    in, you (i) consent to receive autodialed marketing calls or text messages
    from or on behalf of HRIS or any of its affiliates at the number you
    provide, and (ii) acknowledge and agree that your information may be
    processed in accordance with, and you are be bound by, these Terms and the
    Privacy Notice. Your consent to receive marketing calls and text messages is
    optional and is not a condition of receiving any products or services from
    HRIS or any of its affiliates. To receive text messages, you must be a
    resident of the United States and 18 years of age or older.  HRIS reserves
    the right to require you to prove that you are at least 18 years of age.
 B. Opt Out
    You can cancel the SMS service at any time.  Just text “STOP” to
    855-622-5440 from your device.  After you send the SMS message “STOP” to us,
    we will send you an SMS message to confirm that you have been unsubscribed. 
    After this you will no longer receive SMS messages from us.  If you want to
    join again, just sign up as you did the first time and we will start sending
    SMS message to you again.
 C. Message Rate and Frequency
    Message frequency may vary.  As always, message and data rates may apply for
    any messages sent to you from us and to us from you.  You will receive
    messages only when scheduling showings for your customers and you will never
    receive unsolicited message. If you have any questions about your text plan
    or data plan, it is best to contact your wireless provider.
 D. Support
    If you are experiencing issues with the messaging program you can replying
    with the keyword HELP to 855-622-5440 on your device for more assistance, or
    you can get help directly at support@HAR.com.
 E. Wireless Carriers
    Carriers are not liable for delayed or undelivered messages.  This text
    messaging program may not be available on all wireless carriers. HAR.com may
    add or remove any wireless carrier from this program at its discretion and
    without notice to you. Delivery of information and content to a mobile
    device may fail due to a variety of circumstances or conditions.  You
    understand and acknowledge that network services, including but not limited
    to mobile network services, are outside of the control of HAR.com, and
    HAR.com is not responsible or liable for issues arising from them.
 F. Your Telephone Number
    You represent that you are the account holder for the mobile telephone
    number(s) that you provide.  You are responsible for notifying
    HRIS immediately if you change your mobile telephone number. You agree to
    INDEMNIFY HRIS and its affiliates for all claims, expenses, attorneys’ fees
    and damages they incur related to or caused in whole or in part by your
    failure to notify HAR.com of a change in your telephone number, including,
    but not limited to, all claims, expenses, attorneys’ fees and damages
    related to or arising under the Telephone Consumer Protection Act.
 G. Changes
    Your continued consent to receive text messages from HAR.com and HRIS
    indicates your acceptance of these Terms and any changes to the Terms.
 H. Termination
    HRIS may suspend or terminate your receipt of HAR.com text messages if HRIS
    believes you are in breach of these Terms. Your receipt of HAR.com text
    messages is also subject to termination in the event that your mobile
    telephone service terminates or lapses. HRIS at its discretion may modify or
    discontinue, temporarily or permanently, all or any part of HAR.com text
    messages, with or without notice to you


9. LIABILITY AND DAMAGES LIMITATIONS.

YOU ACCESS AND USE HAR.COM, THE SERVICES AND THE CONTENT AT YOUR OWN RISK. UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR OWN NEGLIGENCE, WILL WE BE
LIABLE TO YOU IN RELATION TO THE CONTENT AND THE SERVICES, AND YOU HEREBY
RELEASE US FROM LIABILITY FOR ANY ACTUAL, DIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES TO YOU OR YOUR PROPERTY (REAL OR
PERSONAL) THAT RESULT FROM: YOUR ACCESS TO OR USE OF OR INABILITY TO USE HAR.COM
OR THE SERVICES, THE CONTENT OR YOUR CONTENT, DELETIONS OF YOUR CONTENT, DELAYS
IN TRANSMISSION OF INFORMATION, INTERRUPTIONS OR FAILURE IN CELLULAR, WIFI OR
INTERNET CONNECTION TO HAR.COM OR THE SERVICES, VIRUSES, OUR CONDUCT OR BY OUR
NEGLIGENCE, YOUR CONDUCT OR CONDUCT OF THIRD PARTIES OR OTHER USERS, ACTS OF
GOD, AND UNAUTHORIZED ACCESS TO THE SERVICES, HAR.COM OR YOUR ACCOUNT (OR
RELATED INFORMATION, RECORDS OR YOUR PRIVATE INFORMATION). THIS PARAGRAPH SHALL
APPLY REGARDLESS OF THE FORM OF ACTION ASSERTED, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY, STATUTE, IN EQUITY OR OTHERWISE.


10. WARRANTY DISCLAIMER.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HAR.COM, THE CONTENT AND THE SERVICES
ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT HAR.COM
OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE MAKE NO WARRANTY AS
TO THE ACCURACY, COMPLETENESS, AUTHENTICITY, OR RELIABILITY OF ANY CONTENT OR
INFORMATION AVAILABLE THROUGH HAR.COM. WE EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES WITH RESPECT TO HAR.COM AND ALL CONTENT AND INFORMATION AVAILABLE
THROUGH HAR.COM AND THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. HAR.COM AND THE INFORMATION AVAILABLE THROUGH HAR.COM ARE
ALWAYS SUBJECT TO CHANGE.


11. INDEMNITY.

YOU AGREE TO DEFEND AND INDEMNIFY US AND OUR PARENT COMPANY, AFFILIATES,
MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“INDEMNITEE”) FROM ANY
AND ALL EXPENSES, LOSSES, DAMAGES, LIABILITIES, SUITS, CLAIMS AND DEMANDS,
INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LITIGATION COSTS AND EXPERT
FEES, INCURRED BY ANY INDEMNITEE IN RELATION TO YOUR (OR ANY USER OF YOUR
ACCOUNT(S)): 1) BREACH OF THE AGREEMENT; 2) USE OF THE SERVICES; 3) CONDUCT
TOWARDS A THIRD PARTY; 4) USE OF THE CONTENT OR YOUR CONTENT; OR 5) ACCESS TO
HAR.COM.


12. NO PERSONAL OR LEGAL ADVICE.

The information contained in or made available by HAR.com does not and is not
intended to convey any form of advice to you regarding the lease, sale or
purchase of real property. Further, you are not relying on HAR.com for advice.
The information on HAR.com cannot replace or be a substitute for the separate
advice of a professional such as a Realtor® or a licensee or a lawyer you may
engage with respect to your understanding and use of the information on HAR.com.
You acknowledge that we are not advising or recommending to you which Realtor®
or licensee, if any, should be used for any matter, nor do we suggest what terms
should be a part of any arrangement with a Realtor® or licensee. Any information
received through a blog, article or a Realtor® or licensee on HAR.com is purely
opinions of those individuals and should be independently verified. Likewise,
any information you review or receive on or from HAR.com, including, but not
limited to, information in relation to properties, Realtors®, licensees, the
Services, governmental entities, location data or all other data related to real
estate, is purely informational, should be independently verified and you
acknowledge to have not relied upon it, in part or in whole, in entering any
transaction or making any decision.


13. CHANGES TO HAR.COM OR AGREEMENT.

HRIS may make changes or improvements to the Services, the Content or other
information on HAR.com at any time without notice. Any modifications to the
Terms will become effective once posted on HAR.com.


14. PRIVACY NOTICE.

By accessing HAR.com and as a part of the Agreement, you are bound by our
Privacy Notice and you hereby give full consent of our use of information from
or about you as provided therein.


15. CHOICE OF LAW, JURISDICTION AND VENUE.

This Agreement is governed by laws of the State of Texas without regard to
principles of conflicts of laws. The federal or state district courts in Harris
County, Texas shall have exclusive jurisdiction and venue over you and for any
action at law or in equity that arises out of or relates to the Agreement, the
Services or HAR.com. Further, you waive any objection to such jurisdiction and
venue.


16. BUSINESS DEALINGS.

You agree that no joint venture, partnership, employment, or agency relationship
exists between you and us as a result of this Agreement or your use of the
Services. A printed version of this Agreement and of any notice related to it
shall be admissible in judicial or administrative proceedings related to this
Agreement.


17. WAIVER.

If any of the Terms are found to be waived, 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
terms in the Agreement.


18. ENTIRE AGREEMENT.

This Agreement contains the entirety of the agreement between you and HRIS for
the access to or the use of HAR.com and the Services and cannot be orally
modified by you or us. This Agreement can be modified only by our posting of
changes to it on HAR.com.


19. COPYRIGHT NOTICE.

It is expected that HAR.com will comply with applicable copyright laws,
including the Digital Millennium Copyright Act (“DMCA”). If you are a copyright
owner or agent thereof and believe, in good faith, that there is a copyright
infringement upon your copyrights on HAR.com, then please provide notice with
the following information to the designated copyright agent listed below:

 

 1. A physical or electronic signature of a person authorized to act on behalf
    of the owner of an exclusive right that is allegedly
 2. Identification of the copyrighted work claimed to have 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 that
 3. Identification of the material that is claimed to be infringing or to be the
    subject of infringing activity and that is to be removed or access to which
    is to be disabled, and information reasonably sufficient to permit us to
    locate the
 4. Information reasonably sufficient to permit us to contact the complaining
    party, such as an address, telephone number, and, if available, an
    electronic mail address at which the complaining party may be
 5. A statement that the complaining party has a good faith belief that use of
    the material in the manner complained of is not authorized by the copyright
    owner, its agent, or the
 6. A statement that the information in the notification is accurate, and under
    penalty of perjury, that the complaining party is authorized to act on
    behalf of the owner of an exclusive right that is allegedly

 

DMCA Designated Agent René Galvan

Executive Vice President

Houston Association of REALTORS®, Inc.

3693 Southwest Freeway

Houston, Texas 77027

rene.galvan@har.com

We reserve the right, at our sole discretion, to delete or disable content
alleged to be infringing and to terminate accounts of repeat infringers.


20. COPYRIGHT COUNTER-NOTICE.

If you believe that your content that has been removed from HAR.com is not
infringing, or that you have the authorization from the copyright owner, the
copyright owner’s agent, or pursuant to the law, to post and use the content in
your content, you may send a counter-notice containing the following information
to our copyright agent using the contact information set forth above:

 1. Your physical or electronic signature;
 2. A description of the content that has been removed and the location at which
    the content appeared before it was removed;
 3. A statement that you have a good faith belief that the content was removed
    as a result of a mistake or a misidentification of the content; and
 4. Your name, address, telephone number, and email address, a statement that
    you consent to the jurisdiction of the federal court in the district where
    you live, or in the Southern District of Texas if you live outside the
    United States, and a statement that you will accept service of process from
    the person who provided notification of the alleged

Upon receipt of your counter-notification, we may or may not, at our sole
discretion, replace or re- enable access to your content at issue.


21. TERMINATION.

HRIS may suspend your ability to use all or any party of the Services or may
terminate this Agreement at any time and at its sole discretion, without notice
or explanation. Any termination of your account or this Agreement may cause your
content to be deleted, though we reserve the right to store and use your content
as expressed in Paragraph 3. Further, Paragraphs 2, 3, 5, 8, 9,10,13 and 14
above survive any termination of this Agreement.

Read Privacy Policy.


COPYRIGHT© 2023
HOUSTON REALTORS®
INFORMATION SERVICE, INC.
All Rights Reserved.

Equal Housing Opportunity – Disclaimer: All information on this site is subject
to change and should be independently verified.
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