KW Terms of Use

THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE AND ANY MOBILE APPLICATION DERIVED FROM THIS WEBSITE, INCLUDING WITHOUT LIMITATION ALL PRODUCTS AND SERVICE PROVIDED BY COTEREALTORS.COM ("COTEREALTORS"). "PRODUCTS AND SERVICES" PROVIDED BY COTEREALTORS INCLUDE COTEREALTORS™ IDX PROPERTY SEARCH SERVICES, ALL CUSTOM WEBSITE DEVELOPMENT AND ANY OTHER COTEREALTORS™ PRODUCTS AND SERVICES; THE UNDERLYING SOURCE CODE; AND ANY MEDIA, PROGRAM, OR DOCUMENTATION RELATED TO ANY OF THE ABOVE.


BY ACCESSING THIS "SITE", WHICH FOR PURPOSES OF THESE TERMS OF USE INCLUDES AND IS DEFINED AS THE WEBSITE AND ANY MOBILE APPLICATIONS DERIVED FROM THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY COTEREALTORS AT ANY TIME IN ITS DISCRETION AND ANY CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THIS SITE. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.


Restrictions on Use

You may use the Products and Services only for informational purposes and for other purposes expressly permitted by these Terms of Use. You may not use the Products and Services for any other purpose, including any commercial purpose. Specifically but not in limitation of the general prohibition above, you may not (and may not authorize any other party to) (i) co brand the Products and Services, (ii) frame the Products and Services, (iii) link to the Products and Services, (iv) cross-compile information from the Products and Services, or (v) re-engineer information from the Products and Services, in any event without the express prior written permission of an authorized representative of CoteRealtors. For purposes of these Terms of Use, "co branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Products and Services for content accessible through the Site. You agree to cooperate with CoteRealtors to cease or prevent any unauthorized co-branding, framing or linking.


Proprietary Information

The Products and Services are proprietary to CoteRealtors, and as such, CoteRealtors retains all right, title, and interest in the Products and Services and its underlying code (the "Code"). Accordingly, the Code may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of CoteRealtors. Neither title nor intellectual property rights are transferred to you by your access to the Products and Services through this Site.


Disclaimer

You understand that CoteRealtors cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. CoteRealtors does not assume any responsibility or risk for your use of the Internet.

The search results provided by the Products and Services are not necessarily complete and up-to-date. Information obtained by using the Products and Services is not exhaustive and may not cover all information relevant to your goals.


YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR OWN RISK, AND IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COTEREALTORS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COTEREALTORS DOES NOT WARRANT THAT THE FUNCTIONS OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COTEREALTORS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE PRODUCTS AND SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE PRODUCTS AND SERVICES AND THE SEARCH RESULTS DISPLAYED BY THE PRODUCTS AND SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COTEREALTORS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT COTEREALTORS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE PRODUCTS AND SERVICES OR ITS SEARCH RESULTS. COTEREALTORS MAKES NO WARRANTIES THAT YOUR USE OF THE PRODUCTS AND SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS.


THIRD-PARTY LINKS, SERVICES OR RESOURCES AND INFORMATION THAT COTEREALTORS MAKES AVAILABLE THROUGH THE PRODUCTS AND SERVICES ARE NOT CONTROLLED BY COTEREALTORS. ACCORDINGLY, COTEREALTORS MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION.


Limitation On Liability

COTEREALTORS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, ATTORNEYS, AND DIRECTORS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PRODUCTS AND SERVICES EVEN IF COTEREALTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT OF SUCH STATE LIMITATIONS.


Indemnity

You will indemnify and hold CoteRealtors, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, owners, officers, directors, attorneys, and contractors (collectively, the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of the Products and Services other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Products and Services or its search results through this Site.


Trademarks

Trademarks, service marks, and logos (the "Marks") appearing within the Products and Services are the property of CoteRealtors or the party that provided the Marks to CoteRealtors. CoteRealtors and any party that provided the Marks to CoteRealtors retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site. You are not permitted to use the Marks without the prior written consent of CoteRealtors or other third party owner of any of the Marks.


Submissions

Any comments, content, remarks, suggestions, ideas, graphics, or other information communicated to CoteRealtors through the Products and Services (collectively, the "Submission") shall become the property of CoteRealtors. You hereby grant to CoteRealtors the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Submission, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. CoteRealtors will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations of CoteRealtors. You should not send through the Site any comments, ideas, materials or information that you do not wish to be assigned to CoteRealtors.

In the event you provide your phone number in connection with your use of the Products and Services, you are giving permission to us to contact you regardless of whether or not the phone number you provide has been added to any state and/or national Do Not Call Registry.


Privacy Policy

If you become a registered user of the Site, you will be providing specific information related to your identity to CoteRealtors and to the owner of the Site. In addition, CoteRealtors collects certain data related to your use of the Site and the Products and Services. CoteRealtors does not share such data, apart from aggregated data from all or a subset of all such users with no specific information related to the individual identity of such users, with any other person.


Security

You are prohibited from using the Products and Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. CoteRealtors reserves the right to investigate suspected violations of these Terms of Use.


CoteRealtors reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing CoteRealtors to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS COTEREALTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COTEREALTORS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COTEREALTORS OR LAW ENFORCEMENT AUTHORITIES.


Termination

In its sole and absolute discretion, with or without notice to you, CoteRealtors may suspend or terminate your use of the Products and Services.


Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Minnesota, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Minnesota in connection with any dispute between you and CoteRealtors arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that in the event of any dispute, claim, question or disagreement arising from or relating to these Terms of Use or the breach thereof, the parties hereto shall use commercially reasonable efforts to settle the dispute, claim, question or disagreement. In the event any dispute is not resolved, such dispute shall be finally settled by arbitration administered by the National Arbitration Forum in accordance with the provisions of its Code of Procedure. In the event of a dispute under this Agreement, for purposes of arbitration, venue shall lie in Santa Barbara County, California, and all parties hereby submit to such venue and waive any claims of an inconvenient forum. If any part of these Terms of Use is determined to be unlawful, void or unenforceable, that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and CoteRealtors relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. CoteRealtors may revise these Terms of Use at any time by updating this posting.


Last updated: August 2014


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