Welcome and thank you for your interest in William Raveis Real Estate, Mortgage & Insurance (“William Raveis”). By clicking a registration or new account submission button, or by otherwise using our websites, networks, mobile applications, or other services provided by William Raveis (collectively, the “Services”), or accessing any content provided by us through the Services, you agree to be bound by the following Terms of Use, as updated from time to time (the “Terms of Use”).
Please read these Terms of Use carefully before continuing on with your use of the Services. By accessing and/or using the Services (including without limitation our websites and mobile applications) You are agreeing to these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. By registering with or accessing the Services you are acknowledging and accepting these Terms of Use (these "Terms"). Capitalized terms are defined below.
1. Use of the Services; Restrictions
a. Accounts
You may register, maintain, and create an Account for the Services. You are responsible and liable for all activities conducted in connection with your Account, for maintaining the security of your username and password, and for the accuracy of all information relating thereto, including contact, technical, and your login credentials. You will promptly (i) update any Account information when it changes, and (ii) notify us of any unauthorized use of your Account, including any security or data breach. You may only connect to the Services through your Account and in accordance with our access procedures. You will not allow an Account to be shared or used by more than one individual. By providing us with your email address you consent to us sending you Service-related notices. You must be eighteen (18) years of age or older to use the Services.
b. Use of the Services.
As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App on your mobile device in object code form, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services.
c. Service Rules
You will use the Services strictly in accordance with these Terms, all Documentation, the Privacy Policy, and Application Law. You will not engage in any of the following activities:
i. use the Services in violation of any third-party license or agreement;
ii. use the Services to collect, process, or store bank account information, credit or debit card information, personally identifiable information pertaining to children under 13, or health or medical information (including 'Protected Health Information' as defined in the Health Insurance Portability and Accountability Act of 1996);
iii. sublicense, sell, transfer, assign, distribute, republish, rent, lease or transmit in any form or by any means any part of the Services;
iv. use, modify, copy, or create derivative works from the Services or Marks without the applicable owner's written permission, including without limitation using automated or manual means to access Content from the Services;
v. frame, mirror, embed or otherwise incorporate any portion of the Services in any other service or product;
vi. scrape or use any automated means to collect data from the Services or any website;
vii. reverse engineer, decompile, or disassemble any part of the Services, or use or access any part of the Services in connection with any other product or service using features, functions or graphics similar to any part of the Services;
viii. remove, obscure, or alter any Intellectual Property Rights notice related to any part of the Services or Marks;
(1) send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful Content;
(2) facilitate the transmission or use of any: (a) malicious code (including malware, viruses, worms, and Trojan horses); (b) traps, time bombs, or other code with a latent ability to disable or cripple software or services; or (c) code that would allow any party to interfere with or access any of portion of the Services;
(3) interfere with, disrupt, or overburden the integrity or performance of the Services, or interfere with any other use of the Services;
(4) attempt or assist others to attempt to gain unauthorized access to the Services or its related systems or networks; or
(5) use the Services in any way not expressly authorized by these Terms.
ix. send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful Content;
x. facilitate the transmission or use of any: (a) malicious code (including malware, viruses, worms, and Trojan horses); (b) traps, time bombs, or other code with a latent ability to disable or cripple software or services; or (c) code that would allow any party to interfere with or access any of portion of the Services;
xi. interfere with, disrupt, or overburden the integrity or performance of the Services, or interfere with any other use of the Services;
xii. attempt or assist others to attempt to gain unauthorized access to the Services or its related systems or networks; or
xiii. use the Services in any way not expressly authorized by these Terms.
2. Prohibited Use.
BY USING THESE SERVICES, YOU AGREE NOT TO:
• reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted by any Product’s Terms to the extent applicable to that product’s Services;
• provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
• remove or modify any copyright or other intellectual property notices that appear in the Services;
• use the Services in any way that is unlawful, or harms William Raveis, its service providers, suppliers, affiliates, or any other user;
• use the Services in any way to discriminate against any individual or class of individuals protected under federal, state or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist or discriminatory activities or outcomes;
• distribute or post spam or other unsolicited messages, chain letters, pyramid schemes, or similar communications through the Services;
• impersonate another person, misrepresent your affiliation with another person or entity, or make any representation to any third party under false pretenses;
• reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by us for a particular portion of the Services;
• upload invalid data, viruses, worms, or other software agents to the Services;
• interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures we may use to prevent or restrict access to the Services;
• conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, or any other automated activity with the purpose of obtaining information from the Services) on the Services;
• use any of William Raveis’ trademarks as part of your screen name or email address on the Services;
• access or use any of the Services to develop competitive products or services; or
• attempt to, or permit or encourage any third party to, do any of the above.
3. Intellectual Property
The Site and their features and functionality (including but not limited to all software, displays, capabilities, and the design, selection, and arrangement thereof) are owned by William Raveis, its licensors, or other providers of such features and functionality and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
If you modify the features and functionality or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately. No right, title, or interest in or to the Site is transferred to you, and all rights not expressly granted are reserved by William Raveis. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
William Raveis’ name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of William Raveis or its affiliates or licensors, which may be registered in the United States or other jurisdictions. You must not use such marks without the prior written permission of William Raveis.
4. Availability of Content
William Raveis does not guarantee that any Content will be made available through the Services. We reserve the right, but not the obligation, to (i) remove, edit, or modify any Content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all, and (ii) remove or block any Content from the Services.
5. Maps
The Services may feature Google Maps. Use of Google Maps is subject to the Google Maps Terms of Use and Privacy Policy. Such services are not under the control of William Raveis or its affiliates. Please review the terms of use or privacy policies of these services for rights and restrictions.
6. Third Parties
We may, in our sole discretion, (a) delegate or subcontract the performance of any portion of the Service to third party service providers, and (b) make available one or more Third Party Products to you in connection with the Services. Third-Party Products may be separately licensed to you by their respective providers. If you access a Third-Party Product from the Services, you do so at your own risk, and the User understands that these Terms and the Privacy Policy do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any Third-Party Product, and we make no representations or warranties of any kind in respect thereof. PLEASE ALSO VISIT THIRD PARTY WEBSITES TO REVIEW THEIR TERMS OF USE. ADDITIONALLY, THERE MAY BE LINKS TO THIRD PARTY SITES WHICH ARE NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE.
7. Termination
William Raveis may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, and effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, and arbitration.
8. Data
You agree that William Raveis and any of its affiliates may collect, store, use, and distribute information in accordance with the Privacy Policy, including in respect of your information and data. You will comply with the Privacy Policy. Without limiting the rights contained in the Privacy Policy, you understand and agree that we may use both the data you input into as well as usage data (such as search criteria) to provide and improve our real estate services.
9. Compliance
William Raveis does not provide compliance services. You agree that the Services is provided for your convenience only, and not for purposes of enabling you to meet your obligations under Applicable Law and third-party agreements. You are solely responsible for ensuring compliance with such obligations.
10. Privacy Policy
William Raveis will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Please consult your Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
11. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by William Raveis without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
12. Indemnification
You agree to indemnify, defend, and hold harmless William Raveis, our affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) your willful misconduct; and (f) any other party’s access to or use of the Services using your account and password. William Raveis reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with the William Raveis’ defense of that claim.
13. No Warranties.
WILLIAM RAVEIS PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILIAM RAVEIS AND OUR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. WILLIAM RAVEIS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY WILLIAM RAVEIS ENTITY OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, AND ANY WILLIAM RAVEIS MATERIALS MADE AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHER OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. Limitation of Liability/Exclusive Remedy.
IN NO EVENT WILL WILLIAM RAVEIS OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF WILLIAM RAVEIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WILLIAM RAVEIS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. THE AGGREGATE LIABILITY OF WILLIAM RAVEIS AND ANY OF OUR AFFILIATE COMPANIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
15. Arbitration
Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Use, including the breach, termination or validity thereof, shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one (1), and the place of arbitration shall be the State of Connecticut. The arbitration shall be held, and the award shall be rendered, in English. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate.
The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration, or any claims brought as a plaintiff or member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
16. Governing Law
All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut, excluding any principles or rules of law that may direct the application of the law of another state.
17. General.
You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. Our failure to act with respect to a breach, or our choice to otherwise waive breach by you or others, does not waive our right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and William Raveis with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and William Raveis with respect to the Services.
18. Consent to Communications.
By using the Services, you consent to receiving certain electronic communications from William Raveis and our affiliate companies. You agree that any notices, agreements, disclosures, surveys, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with William Raveis or third parties, such as real estate agents and Third-Party Providers. Communications through these methods may be routed through a third-party service (“Communications Service”). Calls may be recorded or monitored for quality assurance, training, or customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring William Raveis or the Communications Service. We also use the Communications Service to track phone calls and text messages between you and real estate professionals so that we and the real estate professional can access certain details about the contact. As part of this process, we and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by us and the Communications Service.
19. Waiver and Severability
No waiver by William Raveis of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of William Raveis to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms of Use will continue in full force and effect.
20. Modification
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use (including, without limitation, William Raveis’ Privacy Policies, for the avoidance of doubt), or change, suspend, limit, or discontinue the Services (including, without limitation, the availability of any feature, database, or content) at any time. If such modification is material, we will post a notice on the Site or send you notice by another appropriate means of electronic communication. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following posting or notification of any changes to these Terms of Use constitutes acceptance of those changes.
21. Contact
If you have any questions, complaints, or claims with respect to the Services, you may contact us at William Raveis Real Estate, Mortgage & Insurance, 7 Trap Falls Road, Shelton, CT 06484; 203-926-1090; shelton@raveis.com.
22. Feedback
If you provide input or suggestions regarding the Site, including related to William Raveis (collectively the "Feedback"), you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to use the Feedback for any purpose and in any manner we, in our sole discretion, deems proper.
23. Entire Agreement
The Terms of Use constitute the sole and entire agreement between you and William Raveis regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
24. Please Be Smart.
You understand and agree that we are not a party to any agreement you enter into with any other user, whether or not that agreement is provided through the Services, and you acknowledge that you are solely responsible for your interactions, correspondence, and transactions with other users of the Services, whether on the Site, the Applications, in person, or otherwise.