HomeSpotter, LLC has developed certain web capabilities and related mobile phone applications that provide users with real estate information and/or tools pertaining to real estate. This HomeSpotter Terms of Use (the "Terms") covers all of HomeSpotter, LLC websites and mobile phone applications, which include, but are not limited to, the website(s) at https://www.homespotter.com/, https://www.spacio.com, the HomeSpotter and Spacio applications for iPhone, iPad, and Android and specifically includes any branded website(s) or applications we have developed on behalf of our partners, such as multiple listing services ("MLSs"), associations, brokers, agents, or other enterprises (collectively the "HS Sites"). The HS Sites are owned and operated by HomeSpotter, LLC (referred to as "HS", "we," "us" or "our"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE HS SITES. By using the HS Sites you agree to these Terms. If you do not agree to the Terms, please do not use the HS Sites. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these Terms periodically for changes. Your continued use of the HS Sites following the posting of changes to the Terms will mean you accept those changes.
One of the goals of the HS Sites is to create an environment that encourages users to post and share their comments, flags, likes, links, photos, saved searches, and recommendations with other users of the HS Sites. The HS Sites may include one or more areas where you can post your comments, flags, likes, links, photos, saved searches, and recommendations. All comments, flags, likes, links, photos, saved searches, recommendations, data, text, software, music, sound, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to HS or the HS Sites, shall be collectively referred to as the "Content." The submitting user retains ownership of Content. Notwithstanding your ownership of the Content, to the extent that you have submitted Content to HS or posted Content to the HS Sites, you grant HS the royalty-free, perpetual, irrevocable, world-wide, non-exclusive, transferable license to use, reproduce, modify, publish, translate, distribute, and display such Content (in whole or part) on the HS Sites. HS has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. HS shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. HS, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of HS Sites users and the public.
The HS Sites may include one or more areas for uploading contact lists containing information such as email address, phone number, address, or other personal contact information that the submitting user may have collected. By uploading and storing contact information on the HS Sites you assert that this information is first party data which you have collected directly and have the right to use for marketing purposes.
In order to maximize the user experience at the HS Sites we ask you to follow these rules: (a) do not upload to, distribute through or otherwise publish through the HS Sites any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise give rise to liability or violate any law; (b) do not use the HS Sites in any manner that could be offensive to other users, including but not limited to posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) only use the HS Sites in a manner consistent with all laws and regulations and in accordance with these Terms; (d) do not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity for any purpose; (e) only submit Content for which you have the copyright or other specific permission to distribute electronically; (f) do not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights; and (g) do not, without our express written approval, distribute or otherwise publish any Content containing any solicitation of funds, advertising, or solicitation for the sale of goods or services, affiliate marketing offers, link referral codes, junk mail, "spam," chain letters or pyramid schemes.
The HS Sites, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the HS Sites are the property of HS or its content suppliers and are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. HS hereby grants you a limited, nonexclusive, non-transferable personal license to use the HS Sites for personal or informational purposes only. You may print and/or download and store portions of HS Sites for non-commercial or personal use only, provided that you retain all copyright and other proprietary notices contained on the HS Sites. Except as expressly authorized by HS in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the HS Sites for any purpose, create internet "links" to the HS Sites or frame" or "mirror" the HS Sites on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to HS and/or its licensors.
In addition to the restrictions set forth above, you may not use any "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the HS Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the HS Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the HS Sites. HS reserves the right to bar any such activity.
To access and use all of the features available on the HS Sites you must register as a user. Each HS Sites user must: (a) personally provide true, accurate, current and complete information on the HS Sites' registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, HS has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, HS may suspend or terminate any and all current or future use of the HS Sites by that user.
A user may create and/or receive passwords and account designations upon completing certain HS Sites registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
A user may create and/or receive passwords and account designations upon completing certain HS Sites registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
The HS Sites are not intended for use by children. If you are under 13, you may not submit or post any information or material on the HS Sites or otherwise provide such information to HS, including but not limited to personally identifiable information.
HS may terminate a user's ability to use the HS Sites in HS's absolute discretion and for any reason. HS may terminate your use of the HS Sites for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of HS Sites resources or attempt to gain unauthorized entry to the HS Sites; or (3) as required by law, regulation, court or governing agency order. HS's termination of any user's access to the HS Sites may be effected without notice and, on such termination, HS may immediately bar any further access to the HS Sites. HS shall not be liable to any user or other third party for any termination of that user's access to the HS Sites. In the event of termination, HS reserves the right to delete, or not delete a user's Content at HS's sole discretion.
Each user shall indemnify, defend and hold harmless HS from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the HS Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms.
HS does not control the Content posted to the HS Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will HS be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted or displayed via the HS Sites. Each user, by using the HS Sites, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of the HS Sites and any Content, including any reliance on the accuracy, completeness, timeliness, integrity or usefulness of the HS Sites or any such Content.
THE HS SITES WILL PROVIDE YOU WITH ACCESS TO VARIOUS REAL ESTATE INFORMATION MADE AVAILABLE BY THIRD PARTIES, NONE OF WHICH ARE AFFILIATED WITH HS. YOUR DECISION TO TAKE ADVANTAGE OF ANY SUCH INFORMATION IS SOLELY AT YOUR OWN RISK. THE THIRD PARTY PROVIDING SUCH INFORMATION, AND NOT HS, IS SOLELY RESPONSIBLE FOR THE PRODUCTS AND SERVICES PROVIDED THROUGH SUCH INFORMATION. HS HAS NOT INDEPENDENTLY REVIEWED OR VERIFIED THE INFORMATION OF SUCH THIRD PARTIES.
EACH USER'S USE OF THE HS SITES ARE AT HIS OR HER SOLE RISK. THE HS SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND HS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR COMMUNICATIONS. HS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE HS SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
"HomeSpotter" is a trademark of HS. All other marks, names, and logos mentioned on the HS site are the property of their respective owners. Your use of the HS trademarks and other marks, names and logos set forth on the HS Sites without prior written consent is strictly prohibited.
HS respects the intellectual property rights of others, and requires that the people who use the HS Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the HS Sites in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit HS to locate the material, including the full URL. (4) your name, address, telephone number, and email address. (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
John Roberts
New Counsel, PLC
233 Park Avenue
Minneapolis, Minnesota
612-659-8443
jroberts@newcounsel.com
HS agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at https://homespotter.com/privacy or by sending an e-mail request to: privacy@homespotter.com.
These Terms constitute the entire agreement between each user and HS and govern each user's use of HS Sites, superseding any prior agreements. These Terms and the relationship between each user and HS shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota. The HS Sites are controlled and operated by HS from its offices within the State of Minnesota, United States of America. HS makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between HS and any user.