Terms and Conditions
This Agreement was last updated: 03/01/2012
Encore Realty, Inc. operates encorehouses.com, which is a resource guide for online users interested in real estate. The services offered by Encore Realty include any Encore Realty branded URL, Encore My Access, Encore Virtual Tours, Encore Search, or any other material offered from time to time. The Encore Realty services are hosted in the United States.
Encore Realty reserves the right to change this Agreement at anytime, and each modification shall be effective immediately upon posting on encorehouses.com. Your continued use of Encore Realty services will be your agreement to be bound to any new modifications. It is therefore important that you check this Agreement regularly to make sure you are aware of new modifications in this Agreement. If you do not agree to this Agreement and to abide by Applicable law, you must discontinue use of Encore Realty services.
Use of the Encore Realty Services and registration to be Realtor for the Encore Realty Services (Encore Realtor) is void where prohibited. By using Encore Realty Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you maintain the correct information; (c) you are 18 years or older; (d) your use of Encore Realty services does not violate Applicable Law. Your Encore Realtor account may be terminated without warning, if we believe that you are under 18 and you represent yourself as 18.
This Agreement, and any posted revision of this Agreement, shall remain in full effect while you use Encore Realty Services. You may terminate your Encore Realtor account at any time, for any reason, with or without prior notice or explanation, and without liability. Furthermore, Encore Realty reserves the right to delete any information, refuse to post information, or store any information , by you, or to deny, restrict, suspend, delete your access to Encore Realty Services at any time, without prior notice or explanation, and without liability. In addition, Encore Realty reserves the right to rename your account access at anytime without any prior notice or your consent. Encore Realty expressly reserves the right to deny, restrict, or terminate your account, if Encore Realty determines, in its sole discretion, that you have violated this Agreement or pose a threat to Encore Realty, its employees, realtors, business partners, brokers, and/or the public. Even after termination of access to Encore Remote Access, this agreement will remain in effect, including without limitation Sections 5-16.
3. Fees and Charges
You acknowledge that Encore Realty reserves the right to charge for any Encore Realty Services, and to change its fees from time to time in its discretion. If Encore Realty terminates your Encore Remote Access because you have breached this agreement, you shall not be entitled to the refund of any fees or payments.
When you become an Encore Realtor, you will be assigned a username and be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the same password of other Encore Realtors and any third party. You agree to notify Encore Realty immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Realtors
The Encore Realty Services are for the personal use of Encore Realtors and may only be used for direct commercial purposes if they are specifically endorsed by Encore Realty. Encore Realty reserves the right, in its sole discretion, to remove any commercial content posted. Use by any third party users is prohibited in Encore Remote Access, only authorized Encore Realtors are allowed to access and download any information posted in Encore Remote Access. Any Encore Realty information (including Encore News, Encore Company Videos, Encore Realtor Training, and Encore Address Book) accessible by Encore Realtors is not allowed to be posted, copied, reproduced, or accessible to any public, at any time, under any circumstance. Encore Realty reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of Encore Realty Services.
6. Proprietary Rights in Content on Encore
Encore Realty does not take any claim to any pictures, text, or other information uploaded by Realtors in the Encore Remote Access. By posting information on Encore Remote Access, you hereby give Encore Realty a limited license to use, modify, delete from, add to, reproduce, and distribute such content on, through of in connection with Encore Realty Services. After you remove your content from Encore Remote Access, we will cease distribution as soon as possible, and at such time when distribution ceases, the license will terminate. The license you grant to Encore Realty is non-exclusive (meaning you can grant other parties right to content), fully paid or royalty free (meaning Encore Realty if not required to pay you or anyone else deriving rights from you for the use on the Encore Realty Services of the content you posted). You represent and warrant that you own the rights to content posted by you, and posting it on Encore Realty Services does not violate any privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Encore Realty content is protected by copyright, trademark, patent, trade secret and other laws, and Encore Realty owns and retains all rights in the Encore Realty content and the Encore Realty Services. Encore Realty hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Encore Realty Content in connection with viewing the Encore Realty Website and using the Encore Realty Services. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any content appearing on or through Encore Realty Services. Encore Realty performs technical functions necessary to offer the Encore Realty Services, including, but not limited to, the technical processing and transmission or email communications to perform email service and transcoding / formatting content to allow its use throughout the Encore Realty Service. In addition, you agree, and acknowledge that Encore Realty may send you emails in regards to, but not limited to, promotions, advertisements, notifications, commercial advertisements, and marketing materials, in connection with Encore Realty Services.
7. Content Posted
In order to ensure proper usage of Encore Realty Services, please be aware of all content that you are posting in regards to Encore Realty Services. Any violations in content, as listed in Section 8, will constitute immediate action taken by Encore Realty. Encore Realty may reject, refuse to post or delete any content for any or no reason, including but not limited to, content that in the sole judgement of Encore Realty violates this Agreement or which may be offensive, illegal, or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Encore Realty assumes no responsibility to monitor any inappropriate content or conduct. You are solely responsible for the content that you post on, through or in connection with Encore Realty Services, and any material or information that you transmit to other Encore Realtors and for your interactions with Encore Realtors.
8. Content / Activity Prohibited
The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Encore Realty Services. Encore Realty reserves the right to investigate and take appropriate legal action against anyone who, in Encore Realty’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the Encore Realty Services, terminating the Encore Realtor of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Encore Realty:
8.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits or is designed to solicit personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
8.12 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Encore Realty such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person’s consent;
8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
8.16 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Encore Realty Website and through your use of the Encore Realty Services. Encore Realty reserves the right to investigate and take appropriate legal action against anyone who, in Encore Realty’s sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sendingof viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Realtor to buy or sell any products or services through the unauthorized or impermissible use of the Encore Realty Services. You may not transmit any chain letters or junk email to other Realtors. In order to protect our Realtors from such advertising or solicitation, Encore Realty reserves the right to restrict the number of emails which a Realtor may send to other Realtors in any 24-hour period to a number which Encore Realty deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the Encore Realty Services, you acknowledge that you will have caused substantial harm to Encore Realty, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Encore Realty $50 for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the Encore Realty Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Encore Realty Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Encore Realty Services other than your Content which you legally post on, through or in connection with the Encore Realty Services;
8.22 providing or using “tracking” or monitoring functionality in connection with the Encore Realty Services, including, without limitation, to identify other Users’ views, actions or other activities on the Encore Realty Services;
8.23 covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Encore Realty page via HTML/CSS or any other means;
8.24 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;
8.25 interfering with, disrupting, or creating an undue burden on the Encore Realty Services or the networks or services connected to the Encore Realty Services;
8.26 impersonating or attempting to impersonate Encore Realty or a Encore Realty employee, administrator or moderator, another Realtor, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);
8.27 using the account, username, or password of another Realtor at any time or disclosing your password to any third party or permitting any third party to access your account;
8.28 using or distributing any information obtained from the Encore Realty Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Encore Realty Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Encore Realty, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;
8.30 relaying email from a third party’s mail servers without the permission of that third party;
8.31 using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Encore Realty Website for the purposes of sending unsolicited or unauthorized material;
8.32 engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
8.33 using the Encore Realty Services in a manner inconsistent with any and all Applicable Law.
9. Protecting Copyrights and Other Intellectual Property
Encore Realty respects the rights to intellectual property of others, and requires that our visitors do the same. You may not upload any picture, embed, post, email, or otherwise make any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. It is Encore Realty’s policy to delete any Encore Realtors of repeat offense.
If you believe that your work has been copied and posted on Encore Realty Services, please contact us immediately with regard to the work. Include the identification of the work infringed upon, identification of ownership of the work (this could be a URL that satisfies this requirement), information reasonably sufficient to permit us to contact you, a statement that you have good faith belief that the disputed work is not authorized by the copyright author, a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner, its agent, or the law, and an electronic signature.
10. Third Party Linked Services
11. Realtor Disputes
You are solely responsible for your interactions with other Encore Realtors, third party developers or any other parties with whom you interact through Encore Realty Services. Encore Realty reserves the right, but has no obligation, to become involved in any way with these disputes.
Encore Realty is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Encore Realty Services or Linked Services, by Users of the Encore Realty Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Encore Realty. In addition, Encore Realty is not responsible for any damage, injury or loss caused by Users of the Encore Realty Services or by any of the equipment or programming associated with or utilized in the Encore Realty Services or Linked Services. Encore Realty is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Encore Realty. Inclusion of any linked website or service on the Encore Realty Services does not imply approval or endorsement of the linked website or service by Encore Realty. When you access these third party sites and services, you do so at your own risk. Encore Realty takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the Encore Realty Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Encore Realty is not responsible for the conduct, whether online or offline, of any User of the Encore Realty Services or Linked Services. Encore Realty assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Encore Realty is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Encore Realty Services or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Encore Realty Services or Linked Services. Under no circumstances shall Encore Realty be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Encore Realty Services or Linked Services, attendance at a Encore Realty event, from any User Content posted on or through the Encore Realty Services or Linked Services, or from the conduct of any Users of the Encore Realty Services, whether online or offline. The Encore Realty Services and Linked Services are provided “AS-IS” and as available and Encore Realty expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Encore Realty cannot guarantee and does not promise any specific results from use of the Encore Realty Services or Linked Services.
14. Limitation on Liability
IN NO EVENT SHALL ENCORE REALTY BE HELD RESPONSIBLE FOR ANY LOST PROFIT DAMAGES RESULTING IN THE USE OF ENCORE REALTY SERVICES. ENCORE REALTY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ENCORE REALTY FOR THE ENCORE REALTY SERVICES.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon, without regard to its conflict of law provisions. You and Encore Realty agree to submit to the exclusive jurisdiction of the courts located within the State of Oregon to resolve any dispute arising out of the Agreement or the Encore Realty Services.
This Agreement is accepted upon your use of Encore Realty or any of the Encore Realty Services and is further affirmed by you becoming an Encore Realtor. The failure of Encore Realty to exercise or enforce any right or provision in this Agreement shall not operate as a waiver of such right or provision. The section titles of this Agreement are for ease of use and have no legal or contractual effect. If any provision of the Agreement is unlawful, void or unenforceable, that provision is deemed severable form this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please Contact Us if you have any questions regarding this Agreement.
I HAVE READ THE ENTIRE AGREEMENT ABOVE AND AGREE TO ALL OF THE PROVISIONS CONTAINED.