Texas Ranch Group
WEBSITE USER AGREEMENT
1) "The sole use of the listing data and information shall be to support the proper activities of the User participant, , in seeking to affect the purchase, sale or leasing of listed properties."
2) "The User participant may display listing data and information on the Texas Ranch Group website only if the User participant in good faith holds itself out to be, and in fact is, ready, willing and able to show or arrange for the showing of the listed property to which the listing data and information relate to prospective purchasers and lessees."
3) "All of the listing data and information displayed on the Texas Ranch Group website must be updated by User at least once every ninety (90) days."
4) "Any listing or listing data or information entered in Texas Ranch Group listing database website template must identify the correct name of both the firm and the individual agent which constitute the listing participating User for that listing."
5) "By the act of submission of any property listing or sales data to Texas Ranch Group , the User participant represents that he has been authorized to grant and also thereby does grant authority for Texas Ranch Group to include the property listing data, and any resultant sales data, in its Texas Ranch Group database and also in any statistical report on listings or comparable sales. The Texas Ranch Group database shall be construed to include any format in which property listing or sales data is collected and disseminated to the participating Users or other interested individuals, or any other format, whatsoever, including but not limited to a bound book, loose-leaf binder, computer database, card file .
6) "Upon written request, Texas Ranch Group in its discretion, may grant comparable sales and listing access to real estate professionals who are actively engaged in real estate Userage, management, mortgage financing, appraising, land development or building activities, and private individuals, who do not participate fully in Texas Ranch Group within the meaning of the rules and/or regulations as set forth in Texas Ranch Group . Texas Ranch Group may grant access on such terms and conditions, including the payment of fees and charges as may be established at the time of the request for access. Terms and conditions on which Texas Ranch Group may grant access need not be identical for all classes or groups eligible to request such access."
7) "User participants and their licensees may reproduce from the computerized Texas Ranch Group system, and distribute by any means to prospective purchasers, tenants, or other individuals, copies of property listing data contained in the computerized Texas Ranch Group system which relate to any properties in which the prospective purchasers, tenants or other individuals are, or may have, in the judgment of the User participants or their licensees, a bona fide interest."
8) "If Texas Ranch Group desires to publish sales information prior to final closing of the sales transaction, Texas Ranch Group may also require an agreement from the participating User and his Seller that there be included a provision expressly granting the listing participating User the right to authorize dissemination of sales information by Texas Ranch Group to its other participating Users."
9) "Any listing data or sales data, whether provided in written or printed form, provided electronically, or provided in any other form or format, is provided for the exclusive use of Texas Ranch Group and those licensees affiliated with Texas Ranch Group who are authorized to have access to such information. Such information may not be transmitted, retransmitted or provided in any manner to any unauthorized individual, office or firm.
10) "None of the foregoing shall be construed to prevent any individual legitimately in possession of current listing information, 'sold' information, comparables, or statistical information from utilizing such information to support an estimate of value on a particular property for a particular client. However, only such information as Texas Ranch Group has deemed to be non-confidential and necessary to support the estimate of value may be reproduced and attached to the report as supporting documentation. Any other use of such information is unauthorized and prohibited by Texas Ranch Group ."
11) "All forms and templates produced by Texas Ranch Group are intended for the exclusive use of the User participants, their licensees, or users of Texas Ranch Group . No User participant, his licensee, or user may give, copy or in any manner distribute Texas Ranch Group forms to third parties except copies clearly marked 'Sample' which may be copied and used for education in connection with real estate licensing activities."
12) "Subject to a participating User's compliance with all of the limitations and conditions as set forth herein, and subject further to the participating User's compliance with the requirements of applicable law, each participating User and his licensee affiliated with said User, may display on its own website(whether such website constitutes a public access website or a virtual private network) the listing data and/or sales data information included in the Texas Ranch Group compilation. Such listing or sales data information may either be downloaded to the permitted website or it may be framed on the permitted website from any website which Texas Ranch Group maintains.
13) A public access website of a participating User, in its display, may not modify in any way the listing or sales data information as it originally appeared in the Texas Ranch Group compilation."
15) "User participants are responsible to determine that all data electronically entered into Texas Ranch Group complies with all fair housing laws. Each participating User agrees to hold Texas Ranch Group harmless from, and pay the cost of defense of, any claim arising from any information User participant places in Texas Ranch Group which results in a charge or finding that such information is in violation of such laws."
16) "No participating User, without first obtaining the listing participating User's permission, shall advertise a property listed by another participating User, in any manner, including but not limited to, display, newspaper, flyer or other publication, except that a participating User may republish another participating User's listings on a public access website or a virtual private network, in a manner consistent with Texas Ranch Group guidelines, so long as the listing is approved by the listing participating User for Internet publication."
17) " Texas Ranch Group may accept exclusively listed property that is subject to auction. If such listings do not show a listed price, they may be included in a separate section of Texas Ranch Group compilation of current listings. Remarks should include 'This property subject to auction and the auction will be held on (date).' "
18) "Listings of property may be withdrawn from Texas Ranch Group by the listing User participant before the expiration date of the listing agreement if the listing User participant has secured the written agreement of the seller/landlord authorizing the withdrawal. Sellers/landlords do not have the unilateral right to require Texas Ranch Group to withdraw a listing without the listing User participant's concurrence or approval. However, when seller/landlord can document that his or her exclusive relationship with the listing User participant has been terminated, Texas Ranch Group may remove the listing at the request of the seller/landlord."
19) "The full gross listing price stated in the listing contract shall be included in the information published in the Texas Ranch Group compilation of current listings, unless the property is subject to auction."
20) "All properties which are to be sold or which may be sold separately must be indicated individually in the listing and on the property data form/template. When part of a listed property has been sold or leased, proper notification shall be given to Texas Ranch Group ."
21) "Any listing submitted to Texas Ranch Group shall provide for cooperation by other listing User participants."
22) "Any listing entered into Texas Ranch Group automatically expires on the date specified in the agreement unless renewed by the listing User participant, and notice of renewal or extension is to be entered into Texas Ranch Group within two (2) business days prior to expiration. If the notice of renewal or extension is dated and received after the expiration date of the original listing, then a new listing must be obtained if it is to be entered into Texas Ranch Group . It will then be entered as a new listing. Any extension or renewal of a listing must be signed by the seller/landlord, certified by the listing User participant and filed with Texas Ranch Group "
23) "Any property listing information entered into Texas Ranch Group shall contain only factual information about the property and shall exclude any reference to personal or business contact information including, but not limited to, any telephone numbers or mailing addresses, which would initiate visitor contact in any way with the User participant, his representatives, or licensees. "
24) "All time periods referred to herein concerning filing and or reporting times shall begin subsequent to the date of listing or date of action. Saturdays, Sundays and national holidays are excluded from the calculation of said periods."
25) "All listings entered into Texas Ranch Group shall bear a definite and final expiration date as negotiated between listing User participant and the seller/landlord."
26) "Except as may be explicitly permitted through this site, User agrees not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Texas Ranch Group is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
27) "You agree that if you are issued a Username and Password by Texas Ranch Group , you shall use your best efforts to prevent access to this site through your User Name and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, and notifying Texas Ranch Group immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party."
28) "You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to be subject to civil and criminal legal penalties and will be pursued by Texas Ranch Group to the full extent of the law to protect its rights and the rights of its other licensors."
29) "Except with regard to personal information, all information which you post on this site or communicate to Texas Ranch Group through this site (collectively 'Submissions') shall forever be the property of this website. Texas Ranch Group shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Texas Ranch Group products. Without limitation, Texas Ranch Group shall have exclusive ownership of present and future existing rights to any submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your submission does not infringe the rights of any third party."
30) "You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites 'Terms and Conditions' and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information that is illegal, unreasonable or that some people may find inappropriate or offensive. These sites are not under the control of Texas Ranch Group , are not monitored or reviewed by Texas Ranch Group , and Texas Ranch Group is not aware of the contents of such sites. You acknowledge that Texas Ranch Group is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by Texas Ranch Group , its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that Texas Ranch Group and its licensors have no liability whatsoever from such third party sites and your usage of them.