Terms and Conditions

PLEASE CAREFULLY READ ALL OF THE BELOW TERMS AND CONDITIONS (“Terms and Conditions”) AND WHICH GOVERN YOUR ACCESS TO AND USE OF amarillorealtors.org.

1. License and Contract between You and Us.

Welcome to www.amarillorealtors.org (the “Website”), operated by Amarillo Association of REALTORS®, Inc. (“AAOR”, "we", "us" or “our”). AAOR makes information, content and services, including, but not limited to, accounts, blogs, property data, ratings, reviews, postings, mobile services, applications, advertising, materials uploaded or downloaded or any information appearing on the Website ("AAOR Services") available to any person or entity ("you" or "your") conditioned on the acceptance of these Terms and Conditions. By visiting or using the Website whether by desktop, laptop, television, mobile applications or any application, or by any other device through which AAOR Services are used or the Website is accessed, you have agreed with AAOR to be bound by these Terms and Conditions (the "Agreement"), including any future modifications, and that you have read and understood the Agreement. If you have entered the Agreement on behalf of a company, organization, governmental or other legal entity, you represent and warrant that you are authorized to do so. You must be 18 years of age or older to access the Website or use AAOR Services. You may use AAOR Services only in compliance with this Agreement and all applicable local, state and national laws, rules and regulations. If you do not agree to all of these terms and conditions, you may not use the Website or any of the AAOR Services.

Subject to compliance with this Agreement, you are granted a nonexclusive, nontransferable, limited license to access and use the Website from time to time as made available to you.

Our Content.

You agree that the content and technology on the Website, including, but not limited to, textual, statistical, financial, photographic, video and audio components, selection and arrangement of data and all other data or communication, is exclusively owned or controlled by AAOR and/or its licensors, and is protected by United States copyright and intellectual property laws. © Amarillo Association of Realtors, Inc. All rights reserved. You acknowledge that your use of the content and technology on the Website 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 content or technology from the Website. You agree to comply with any additional use restrictions which may be posted by AAOR at any time regarding the content and technology provided on the Website.

External Links.

The Website may contain links to third-party websites or advertisers (collectively “External Links”). We are not responsible or liable for: (i) the availability or accuracy of such External Links; or (ii) the content, products, or services on or available from such External Links. The providing of External Links does not imply any endorsement by us of such websites or resources or the content, products, or services available from such External Links. When you engage or access External Links, you are interacting with that third party and not with us. Thus, your identity, information, and data may be used by such External Links. You acknowledge sole responsibility for and assume all risk arising from your use of any such External Links, and we urge you to read the Terms and Conditions and privacy policy available from External Links since they will apply to you. Further, please see our Privacy Policy as it relates to use of External Links by you. Third parties may have trademarks that are shown on the Website. These trademarks are the property of their respective owners. You acquire no rights in such content.

4. Use Limitations and Enforcement.

You may not modify, publish, copy, display, transmit, reproduce, license, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any and/or all information and content obtained, directly or indirectly, from the Website. This prohibition includes, but is not limited to, the practice of utilizing "screen scraping," robot, crawler, index, spider, or other automatic device program, algorithm, or methodology to access, copy, acquire information or use the Website. Such conduct is theft of our information, and those who obtain our content in any of these manners will be liable to AAOR. By using the Website, you warrant to AAOR that you will not use the Website 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, then we may block your access to or use of the Website. In the event of termination, you will still be bound by the Agreement.

5. Accounts.

Some AAOR Services permit or require you to register or create an account and/or password to access certain areas of the Website. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to 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 are responsible for all activities that occur through your account and password. You do have the right to terminate, control or modify information in your account settings at any time. AAOR reserves the right, at its sole discretion, to terminate or restrict your account at any time, with or without notice. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

6. Injunctive Relief.

You agree that any breach of these terms and conditions would cause AAOR irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which AAOR may be entitled, you agree that AAOR may seek injunctive relief to prevent the actual, threatened or continued breach of this agreement. Any breach of these terms and conditions shall result in immediate termination of the license provided for herein.

7. LIMITATIONS OF LIABILITY.

YOU USE AAOR.COM, THE AAOR SERVICES, AND THEIR CONTENT AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR OWN NEGLIGENCE, WILL WE BE LIABLE TO YOU, AND YOU HEREBY RELEASE US FROM LIABILITY, FOR ANY ACTUAL, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE AAOR.COM, OR CAUSED TO YOU FROM ANY CONTENT OR INFORMATION OBTAINED THROUGH AAOR.COM, MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF INFORMATION, INTERRUPTIONS IN CELLULAR, WIFI OR INTERNET CONNECTION TO AAOR.COM, VIRUSES, FAILURES OF PERFORMANCE WHETHER CAUSED IN WHOLE OR PART BY OUR CONDUCT OR BY OUR NEGLIGENCE, ACTS OF GOD, PERIODIC SYSTEM MAINTENANCE (WHETHER SCHEDULED OR UNSCHEDULED), TECHNICAL FAILURE, DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE, ATTACKS, CELLULAR, WIFI OR INTERNET FAILURE, THEFT OR UNAUTHORIZED ACCESS TO AAOR.COM OR YOUR ACCOUNT (OR RELATED INFORMATION, RECORDS OR YOUR PRIVATE INFORMATION). THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ACTION ASSERTED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, IN EQUITY OR OTHERWISE.

AAOR SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, DELAYS OR INTERRUPTIONS IN THE LICENSED LISTINGS AND/OR WEBSITE CAUSED BY ANY REASON, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE OR FAILURE TO ACT OF AAOR.

8. WARRANTY DISCLAIMER.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AAOR.COM AND THE CONTENT AND INFORMATION AVAILABLE THROUGH AAOR.COM IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT AAOR.COM WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS, OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE, AND WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, AUTHENTICITY, OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH AAOR.COM. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO AAOR.COM AND THE CONTENT AND INFORMATION AVAILABLE THROUGH AAOR.COM, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR SATISFACTORY QUALITY, OF ACCURACY, OF QUIET ENJOYMENT, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. AAOR.COM AND THE INFORMATION AVAILABLE THROUGH AAOR.COM ARE ALWAYS SUBJECT TO CHANGE.

AAOR ATTEMPTS TO BE AS ACCURATE AS POSSIBLE AND ELIMINATE ERRORS ON THE WEBSITE; HOWEVER, AAOR DOES NOT WARRANT THAT ANY SERVICE, DESCRIPTION, PHOTOGRAPH, PRICING OR OTHER INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IN THE EVENT OF AN ERROR, WHETHER ON THE WEBSITE OR DELIVERING A PRODUCT OR SERVICE OR OTHERWISE, AAOR RESERVES THE RIGHT TO CORRECT SUCH ERROR AND REVISE ACCORDINGLY IF NECESSARY.

THE AAOR.COM WEBSITE COMPILES INFORMATION PROVIDED BY THIRD PARTIES AND AAOR GIVES NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED TO AAOR OR AAOR’S REPRODUCTION THEREOF.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9. INDEMNITY.

YOU AGREE TO DEFEND AND INDEMNIFY US, AND OUR AFFILIATES, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL EXPENSES, LOSSES, DAMAGES, LIABILITIES, SUITS, CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, LITIGATION COSTS AND EXPERT FEES, INCURRED IN RELATION TO YOUR (OR ANY USER OF YOUR ACCOUNT(S)): 1) BREACH OF THE AGREEMENT; 2) USE OF AAOR SERVICES OR INFORMATION ON AAOR.COM; 3) CONDUCT TOWARDS A THIRD PARTY; OR 4) CONTENT ON AAOR.COM.

10. No Personal or Legal Advice.

The information contained in or made available by the Website does not and is not intended to convey any form of advice to you regarding the lease, sale or purchase of real property. Further, you are not relying on the Website for advice. The information on the Website cannot replace or be a substitute for the separate advice of a professional such as a Realtor® or a lawyer you may engage with respect to your understanding and use of the information on the Website. You acknowledge that we are not advising or recommending to you which Realtor® or licensee, if any, should be used for any matter, nor do we suggest what terms should be a part of any arrangement with a Realtor® or licensee. Any information received through a blog, article or a Realtor® or licensee on the Website is purely opinions of those individuals and should be independently verified. Likewise, any information you review or receive on or from the Website, including, but not limited to, information in relation to properties, REALTORS®®, licensees, AAOR Services, governmental entities, location data or all other data related to real estate, is purely informational, should be independently verified and you acknowledge to have not relied upon it, in part or in whole, in entering any transaction or making any decision.

11. Changes to Site, Agreement, or Privacy Policy.

AAOR may, but is not obligated to, make changes or improvements to the information, services, content or other materials on the Website at any time without notice. AAOR has the exclusive right to make modifications to the terms in this Agreement and to the Privacy Policy. Any modifications to the terms will become effective once posted on the Website.

12. BINDING ARBITRATION.

EXCEPT AS LIMITED HEREIN, USERS OF THE WEBSITE WAIVE ALL RIGHTS TO TRIAL IN ANY ACTION OR PROCEEDING INSTITUTED IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, OUR PRIVACY POLICY. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS AND/OR THE AAOR PRIVACY POLICY SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN THE STATE OF TEXAS, IN THE CITY OF AMARILLO IN ACCORDANCE WITH TEXAS LAW. THIS ARBITRATION PROVISION DOES NOT PROHIBIT OR OTHERWISE LIMIT AAOR FROM SEEKING TEMPORARY OR PERMANENT INJUNCTIVE RELIEF IN POTTER COUNTY, TEXAS FOR ANY ALLEGED IRREPARABLE HARM CAUSED BY YOUR VIOLATION OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO MISUSE OF AAOR’S INTELLECTUAL PROPERTY.

13. Privacy Policy.

By accessing the Website and as a part of the Agreement, you are bound by our Privacy Policy, and you hereby give full consent of our use of information from or about you as provided therein.

14. Choice of Law, Jurisdiction and Venue.

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 Potter 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 the Website. Further, you waive any objection to such jurisdiction and venue.

15. Business Dealings.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the AAOR services. A printed version of this Agreement and of any notice related to it shall be admissible in judicial or administrative proceedings related to this Agreement.

16. Severability.

If any of the Terms and Conditions 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.

17. Copyright Notice.

It is expected that the Website will comply with applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or agent thereof and believe, in good faith, that there is a copyright infringement upon your copyrights on the Website, then please provide notice with the following information to the designated copyright agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Designated Agent

By email: idx@amarillorealtors.org By mail: Amarillo Association of REALTORS ® Attn: Denise Price 5601 Enterprise Circle Amarillo, Texas 79106 (806) 358-7736 – Phone (806) 359-4140 – Fax

We reserve the right, at our sole discretion, to delete or disable content alleged to be infringing and to terminate accounts of repeat infringers.

18. Copyright Counter-Notice.

If you believe that your content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. A statement that you have a good faith belief that the content was improperly removed and explain why; and
  4. Your name, address, telephone number, email address; and
  5. A statement that you consent to the jurisdiction of the federal court in the district where you live, or in the Western District of Texas if you live outside the United States, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Upon receipt of your counter-notification, we may or may not, at our sole discretion, replace or re- enable access to your content at issue.

19. Termination.

AAOR may suspend your ability to use all or any party of AAOR Services or may terminate this Agreement at any time and at its sole discretion, without notice or explanation. Paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, and 16 above survive any termination of this Agreement.

20. No Assignment.

These Terms and Conditions may not be assigned or transferred by you. AAOR may freely assign its rights and obligations under these Terms and Conditions at the sole and absolute discretion of AAOR.

21. Entire Agreement.

This Agreement contains the entirety of the agreement between you and AAOR for the access to or the use of the Website and cannot be orally modified by you or us. This Agreement can be modified only by our posting of changes to it on the Website.