Residential.com | Terms & Conditions
21199
page,page-id-21199,page-template-default,ajax_fade,page_not_loaded,,select-child-theme-ver-1.0.0,select-theme-ver-2.8,wpb-js-composer js-comp-ver-4.6.2,vc_responsive

Terms  & Conditions

Welcome to Residential.com (also referred to herein as “we” or “us”).  By using this Website, and its related data and services, you agree that you are at least eighteen (18) years of age and you accept and agree to be bound by the following terms and conditions, as updated from time to time (the “Terms and Conditions” or “Agreement”).  Any person using this Website is referred to as “you”.  Click here to review our Privacy Policy.

 

  1. Ownership and License to Use Website

 

This Website and all content displayed on it, are owned by Residential.com, its owners, affiliates, licensors or licensees (including without limitation homeowners, agents, brokers, MLSs, third party vendors, etc.).  Unless you are a licensed real estate agent or broker, we grant you the limited and nonexclusive right and license to access or download a single copy of the content from this Website solely for your personal and non-commercial use. You may not distribute, modify, display, re-post, transmit, or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Residential.com.  All rights not expressly granted to you by us in this Agreement are reserved to Residential.com and you acknowledge that you do not acquire any ownership rights by accessing or downloading any material, whether or not copyrighted, from the Website as authorized hereunder.

 

  1. Nature of Service.

 

Residential.com operates as real estate research portal for potential buyers and sellers. We are not a licensed real estate broker and do not represent buyers or sellers in any transaction between such buyers and sellers.

 

  1. Linked and Third-Party Content

 

This Website includes links or references to third party websites that Residential.com does not operate.  We have no responsibility for the content of such third party sites nor do we have any obligation to, and generally do not approve or monitor such sites.  Accordingly, we shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. Any such links to third party sites are provided merely as a convenience to the users of this Website, and such links do not imply endorsement by Residential.com of such other third party sites or the content contained therein.  Your dealings with any third party arising from use of third party sites are solely between you and such third party.

 

  1. Disclaimer of Warranties

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE IS AT YOUR OWN RISK AND IS MADE AVAILABLE BY US ON AN “AS IS,” “AS AVAILABLE” BASIS.  WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH REGARD TO THE ACCURACY, SUFFICIENCY, CORRECTNESS, COMPLETENESS OR TIMELINESS OF THE INFORMATION, PRODUCTS, SERVICES OR CONTENT AVAILABLE ON THIS WEBSITE.  WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

  1. Limitation of Liability

 

IN NO EVENT SHALL RESIDENTIAL.COM, ITS OWNERS, AFFILIATES, LICENSORS OR ITS LICENSEES OR PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  NEITHER RESIDENTIAL.COM NOR ANY OF ITS OWNERS, AFFILIATES, LICENSORS OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEBSITE.

 

  1. Indemnification

 

You agree to release, defend and indemnify Residential.com, its owners, affiliates, licensors and licensees from and against any and all claims, costs, demands, losses, damages and expenses, including, without limitation, attorney’s fees, arising from or relating to: (i) your breach of this Agreement or any matter for which you are responsible or liable under the terms of this Agreement, or (ii) any dispute between you and any third party, including, without limitation, any other user, any advertiser or any party to any actual, prospective or terminated sale or transaction. If you are a California resident, you waive California Civil Code §1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

 

  1. Copyright

 

Residential.com respects the intellectual property rights of others and has implemented a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Residential.com’s Designated Copyright Agent notice as required by the Digital Millennium Copyright Act, 17 U.S.C. §512 at:

 

Residential.com

Attn:  Copyright Agent

P.O. Box 7081

Overland Park, KS 66207

 

  1. Choice of Law, Jurisdiction, Venue

 

This Agreement is governed by the laws of the State of Kansas. You hereby consent to the exclusive jurisdiction and venue of courts in Johnson County, KS or in the United States District Court for the District of Kansas, in all disputes arising out of or relating to the use of this Website or the information, products or services available through this Website. Use of this Website or the information, products or services available through this Website is not authorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Residential.com as a result of this Agreement or your use of this Website or the information, products or services available through this Website.  You agree that any and all causes of action arising out of or relating to this Website or the information, products or services available through this Website shall be resolved individually, without resort to any form of class action.

 

  1. Miscellaneous

 

You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

You shall use this Website and the information, products and services available through this Website for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying this Website or the information, products or services available through this Website will not be permitted.

 

If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.

 

Failure by Residential.com to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision of this Agreement.

 

This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof. You also may be subject to additional terms and conditions that apply when you use or purchase certain other products or services from Residential.com.

 

  1. Termination of Use

 

We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of Residential.com, its owners, affiliates, licensors or licensees.

 

  1. Changes to Website

 

We reserve the right to change or update the terms of this Agreement, including our separate Privacy Policy, in our sole discretion. Any changes shall be effective immediately upon posting unless otherwise indicated. We will not separately notify you that changes have been made, regardless of the scope and importance of the changes.  You are responsible for regularly reviewing the Terms and Conditions.  Your continued use of this Website after such changes are posted will be deemed to constitute your agreement to and acceptance of those changes.

 

Contact Us

If you have any questions, please contact us at:

Residential.com

Attn:  Legal Department

P.O. Box 7081

Overland Park, KS 66207

or info@residential.com or 800.475.3175.