TERMS OF USE

Effective on: 3/22/2018

 

I. ACCEPTANCE OF TERMS

The San Antonio Board of REALTORS® and/or its affiliates (“Our”, “We”, “Us”, “SABOR”, “Realtor Academy”) makes SABOR.com, RealtorAcademy.com, and various related information and services; including, media, devices, classes, or networks (collectively, “Services”), available to you, the user, subject to your compliance with all of the terms, conditions, and notices contained or referenced herein, as well as any written agreement between us and you.

As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.

BY ACCESSING AND USING THIS SITE, YOU AGREE TO ADHERE TO AND BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY AS WELL AS THE SAN ANTONIO BOARD OF REALTORS®’ PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF USE AND PRIVACY POLICY, YOU MUST IMMEDIATELY TERMINATE USE OF THE SITE.

We expressly reserve the right to change these Terms of Use at any time without notice. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications.  YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THIS SITE AND OFFERINGS AFTER SUCH MODIFICATIONS CONSTITUTE ACCEPTANCE OF THE MODIFIED TERMS.

 

II. CONDUCT ON SITE

By using this Site, you agree that you will not use this Site or the content available through it 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, we reserve the right to terminate your access or use of this Site. In the event of termination, you will still be bound by the Agreement.

You agree that you will comply with all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the website.  Additionally, by using the site you agree to the following:

  1. You will not send or otherwise post unauthorized commercial communications to users (such as “spam”);
  2. You will not collect users’ information, or otherwise access members accounts without permission;
  3. You will not upload viruses, malicious code, or programs that may damage or disrupt services, or allows you to obtain unauthorized access to any data or other information of any third party;
  4. You will not impersonate any person or entity, including any of our employees or representatives;
  5. You will not infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  6. You will not bully, intimidate, or harass any user, and agree to not post any defamatory, libelous, threatening, vulgar, sexually explicit, abusive, profane, rude, obscene, or anonymous content;
  7. You will not use our Services to do anything unlawful, misleading, or discriminatory;
  8. You will not facilitate or encourage any violations of the Terms of Use.

  

III. USE OF OUR CONTENT

You agree that the content and technology on this Site is exclusively owned or controlled by SABOR and/or its licensors, and is protected by United States copyright and intellectual property laws. You acknowledge that the use of our content will be restricted to your own personal, non-commercial use. You shall not reproduce, redistribute, publish, display, retransmit, broadcast, sell or license or allow anyone else to reproduce, redistribute, publish, display, retransmit, broadcast, sell or license any of our content from this Site. You agree to comply with any additional use restrictions, which may be posted at any time regarding our content provided on this Site.

 

IV. USER GENERATED CONTENT

You, the user, are solely responsible for the content submitted on the Site, which may include discussion boards, blogs, social media profiles.  You agree that your content will not be threatening, abusive, violent, invasive, false, misleading, tortious, in violation of copyright, trademark, patent, or trade secret, or otherwise unlawful.  By posting, sharing, uploading, or providing content, you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, assignable and transferable right and license to use your content.

SABOR neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police, or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms of Use or are otherwise harmful, objectionable, or inaccurate.

 

 V. NO PERSONAL OR LEGAL ADVICE:

You acknowledge and agree that the information on the Site is made available for informational purpose only and is not legal or other professional advice, nor is it considered a substitute for such advice or counsel. You should not act upon information on this Site without seeking the advice of a professional.

 

VI. REGISTRATION OF ACCOUNTS AND SECURITY

Some Services may require you to register or create an account to access certain areas of the site.  You agree to provide and maintain accurate, current, and complete information. In addition, you agree to not 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 agree to not access certain areas of Sabor.com or RealtorAcademy.com, which require a username and password, unless you are a member and have been granted access. You are responsible for all activities that occur through your account and password and understand that your access may be terminated at anytime.

 

VII. PRIVACY POLICY

We acknowledge your right to certain privacies and security and have provided detail in our policy.  For more information, we urge you to read our Privacy Policy.

 

VIII. THIRD-PARTY SITES AND INFORMATION

This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. You understand that when using these external links, you are not interacting with us and we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.

 

IX. COPYRIGHT INFRINGEMENT

A. Notice of Claimed Infringement

The San Antonio Board of Realtors (SABOR) and its affiliates respect the intellectual property rights of others, and we ask that users of the Services do the same.

If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with sufficient information to allow us to locate the material, including the following information:

a. Identification of the copyrighted work that you claim has been infringed and a description of the infringing activity;
b. Identification of the location where the original or an authorized copy of the copyrighted work exists so the copyright agent can locate it;
c. Your name, address, telephone number, and 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.

Notices of copyright infringement claims should be sent as follows:

By mail:

Copyright Agent
San Antonio Board of Realtors
9110 W IH-10
San Antonio, Texas 78230

By e-mail:

Legal@sabor.com

 

B. Counter Notification Procedure

If you believe that material you posted on the Website was removed or access was disabled by mistake or misidentification, you may file a counter-notification by submitting written notification to our copyright agent designated. Pursuant to the DMCA, the Counter-Notice must include the following:

a. Your physical or electronic signature;
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 disabled;
c. Adequate information by which we can contact you, such as your name, postal address, telephone number, and, email address; and
d. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

Notices of copyright infringement claims should be sent as follows:

By mail:

Copyright Agent
San Antonio Board of Realtors
9110 W IH-10
San Antonio, Texas 78230

By e-mail:

Legal@sabor.com

 

Please be aware that if you knowingly misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

 

C. Repeat Infringers

It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.

 

X. DISCLAIMER OF WARRANTIES

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPARABILITY, SECURITY, ACCURACY AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

NEITHER THE SAN ANTONIO BOARD OF REALTORS®, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS REPRESENT, WARRANT, OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED, UPLOADED, DOWNLOADED, OR DISTRIBUTED THROUGH OUR SITE BY ANY USER, OR ANY OTHER PERSONS OR ENTITY.

 

XI. LIMITATION OF LIABILITY

 YOU USE THIS SITE AND ITS INFORMATION AT YOUR OWN RISK. YOU AGREE THAT IN NO EVENT SHALL THE SAN ANTONIO BOARD OF REALTORS®, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND/OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED OR DOWNLOADED FROM THIS SITE.  THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION ASSERTED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, IN EQUITY, OR OTHERWISE.

 

XII.  INDEMNIFICATION

 YOU AGREE TO DEFEND AND INDEMNIFY US AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS FROM ANY AND ALL EXPENSES, LOSSES, DAMAGES, LIABILITIES, SUITS, CLAIMS AND DEMANDS, INCLUDING BUT NOT LIMITED TO OUR ATTORNEYS’ FEES, LITIGATION COSTS AND EXPERT FEES, ARISING OUT OF ANY CLAIM MADE BY YOU OR A THIRD-PARTY RELATING TO YOUR: 1) BREACH OF THE AGREEMENT; 2) USE OF SABOR SERVICES OR INFORMATION ON THIS SITE; 3) CONDUCT TOWARDS A THIRD PARTY; OR 4) CONTENT ON THIS SITE; 5) ANY OTHER USE OR MISUSE OF OUR SERVICES

 

XIII. GENERAL

A. Governing Law

This Agreement will be governed by laws of the State of Texas without regard to principles of conflicts of laws. You agree that the federal or state district courts in Bexar 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 or this Site. Further, you waive any objection to such jurisdiction and venue.

B. Entire Agreement

These Terms of Use and Privacy Policy make up the entire agreement between the parties and cannot be orally modified.  This Agreement supersedes any prior agreement.

C. Waiver and Severability

If any of these Terms of Use 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.

D. Termination

SABOR reserves the right, in its sole discretion, to suspend or terminate a user’s access to the Service for any reason and without notice or explanation.

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