Client Terms of Use

Last Updated: February 10, 2022

These Terms of Use (“ Terms”) apply to your access to and use of your real estate agent’s subdomain of the RealScout website and any specific instances of the RealScout website for such agent, including any mobile applications or other web sites provided by us with a link to these Terms (collectively the “ Sites”), as well as the products, content, features, and services available on or through the Sites (collectively, together with the Sites, the “ Services”) provided by RealScout, Inc. (“RealScout” or “we” or “ us”).

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 13, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 13.

BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

Please refer to RealScout’sPrivacy Policy located at www. realscout.com/privacy for information on how RealScout collects, uses, and discloses personally identifiable information from its users.

If you have any questions about these Terms or our Services , please contact us at support@realscout.com.

1. Eligibility .

ONLY USERS WHO ARE 18 YEARS OF AGE OR OLDER ARE AUTHORIZED TO USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT TO REALSCOUT THAT YOU ARE AT LEAST 18 YEARS OLD AND CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. IF YOU DO NOT QUALIFY FOR THE SERVICES, PLEASE DO NOT ATTEMPT TO ACCESS, OR USE THE SERVICES.

If you use our Services on behalf of another person or entity, (1) all references to “you” throughout these Terms will include that person or entity, (2) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (3) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2. User Accounts and Account Security .

In order to use certain features of the Services, you may have to register for an account on the Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You are responsible for maintaining the confidentiality of your log-in credentials in order to use the Services and are fully responsible for all activities that occur through the use of your credentials. You will notify RealScout immediately of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. RealScout will not be liable for any loss or damage arising from unauthorized use of your credentials. RealScout reserves the right to terminate your account, or reclaim usernames, (including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames) immediately with or without notice to you and without any liability to you or any third party or any obligation to refund any amounts paid.

3. Ownership; Limited License; User Content .

(a) License. The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by RealScout or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, and any content available on or through the Services, and any intellectual property rights embodied or related to the Services or any content, are reserved by us or our licensors. You are granted a limited, non-sublicensable license (“ License”) to access and use the Services solely on the terms and conditions set forth in these Terms. Such License is for your informational, noncommercial and personal use only and does not include (and you are prohibited from): (a) any resale or commercial use of the Services; (b) the collection, reproduction and use of property listings, agent information, buyer or seller information, pictures or descriptions or other content and information obtained from the Services except in connection with your consideration of the purchase or sale of particular properties; (c) the distribution, public performance or public display of any portion of the Services including, without limitation, the content and information obtained from the Services; (d) modifying or otherwise making any derivative uses of the Services; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) any reverse engineering, decompiling, disassembling or hacking of any aspect of the Services or any part thereof, or attempting to do any of the foregoing, except and solely to the extent permitted by these Terms; (g) downloading (other than the page caching) of any portion of the Services or any information contained therein, except as expressly permitted by these Terms; or (h) any use of the Services other than for their intended purpose. Any use of the Services other than as specifically authorized herein, without the prior written permission of RealScout, is strictly prohibited and will terminate the License granted herein.

(b) User Content.User Content” means any content or material that users post, upload, or transmit to or through the Services including, without limitation, text, photos, video, graphics, music, sound, messages, materials, data, information, comments, messages, or any other items. You are solely responsible for all User Content you create, post, upload or transmit to the Services, and you agree that such User Content will not (a) infringe or violate the rights of any third party, (b) violate any applicable law, rule or regulation, (c) be unlawful, libelous, defamatory, obscene, pornographic, vulgar, indecent, lewd, sexually explicit, suggestive, violent, harassing, threatening, harmful, hateful, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable or (d) contain any viruses, corrupted data or other harmful, disruptive or destructive files... We have the right, but not the obligation, to monitor, review, access, and remove any or all of your User Content from the Services at our sole discretion.

(c) License to User Content. You retain ownership of any User Content you provide to the Services. If you post, upload, transmit or otherwise provide any User Content to or through the Services, you hereby grant RealScout a nonexclusive, royalty-free right to access, use, copy, distribute, perform, display and process such User Content during the term to: (a) provide and improve the Services, including to prevent or address service or technical problems; (b) perform other activities at your direction or request, including processing initiated by you through your use of the Services; or (c) as compelled by law. Subject to the foregoing license, you retain all right, title and interest in and to all User Content. You represent and warrant to RealScout that you have all rights, permissions, and consents necessary to grant RealScout each of the foregoing rights set forth in this Section.

4. Prohibited Conduct .

(a) You will not, nor will you assist others to:

(b) Enforcement of this Section 4 is solely at RealScout’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

5. Trademarks .

REALSCOUT , the RealScout logo and any other RealScout product or service names, logos or slogans contained or used in connection with the Services are trademarks or service marks of RealScout and may not be copied, imitated, or used, in whole or in part, without the prior written permission of RealScout. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

6. Feedback .

You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about RealScout or our Services (collectively, “ Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in RealScout’s sole discretion. You understand that RealScout may treat Feedback as nonconfidential.

7. Third-Party Content .

We may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services, such as MLS listing data (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. RealScout does not control or endorse, and makes no representations or warranties regarding,any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

8. Indemnification.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless RealScout and our officers, directors, agents, partners and employees (individually and collectively, the “ RealScout Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or relating to (a) your use of, or activities in connection with, the Sites; (b) your l User Content; and (c) any violation or alleged violation of these Terms by you.

9. Disclaimers.

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services, and any content therein, including any Third-Party Content, MLS listings and data, are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose , title, and non-infringement. In addition, RealScout does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While RealScout attempts to make your use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

10. Limitation of Liability .

IN NO EVENT WILL THE REALSCOUT PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (A) THE SERVICES AND THE USE, ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES; (B) ANY THIRD-PARTY CONTENT; (C) ANY INCENTIVES OFFERED BY THIRD PARTIES THROUGH THE SERVICES; OR (D) USER CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF ANY REALSCOUT PARTY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE REALSCOUT PARTIES BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED TEN DOLLARS ($10). The limitations set forth in this Section 10 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of RealScout or the other RealScout Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11. Release.

To the fullest extent permitted by applicable law, you release RealScout and the other RealScout Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under 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.”

12. Transfer and Processing Data.

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States, where you may not have the same rights and protections as you do under local law.

13. Dispute Resolution; Binding Arbitration.

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH REALSCOUT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM REALSCOUT. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

YOU AND REALSCOUT AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES IS PERSONAL TO YOU AND REALSCOUT AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION, AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND REALSCOUT WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

OPT-OUT INSTRUCTIONS. YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST ACCEPTED THE TERMS OF THIS SECTION 13 BY EMAILING REALSCOUT AT support@realscout.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 14.

If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.

14. Governing Law and Venue .

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the state of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California, sitting in San Francisco County, California.

15. Modifying and Terminating our Services.

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

16. Equal Housing Opportunity.

All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. The U.S. Department of Housing and Urban Development (“HUD”) has published guidelines for those who advertise homes for sale. You can report housing discrimination to HUD in a number of ways, including via phone at 1-800-669-7777 or via web form. HUD provides a number of resources for consumers and professionals relating to fair housing. This is a good place to start: http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights. State governments and many local governments have similar laws prohibiting discrimination in housing. This excellent resource can help you find local fair housing enforcement agencies around the country: http://www.fairhousing.com/index.cfm?method=agency.search.

17. Severability.

Each provision contained in these terms constitutes a separate and distinct provision severable from all other provisions. If any provision (or any part thereof) is unenforceable under or prohibited by any present or future law, then such provision (or part thereof) will be amended, and is hereby amended, so as to be in compliance with such law, while preserving to the maximum extent possible the intent of the original provision. Any provision (or part thereof) that cannot be so amended will be severed from these terms; and, all the remaining provisions of these terms will remain unimpaired.

18. Apple Specific Terms.

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of the Services through any version of an application compatible with the iOS operating system (“App”) of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims , losses, liabilities, damages, costs, or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to RealScout. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and , upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, RealScout’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

19. Copyright Infringement Claims.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send to RealScout a written notice by mail or e-mail, requesting that RealScout remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to RealScout a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter- notices must be sent in writing to RealScout’s registered agent as follows: By mail to 548 Market Street #98337, San Francisco, CA 94104-5401; or by e-mail to dmca@realscout.com. The registered agent’s phone number is (650) 397 6500.

20. Miscellaneous.

The failure of RealScout to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

21. MLS Terms, Disclosures, and Disclaimers.

Information about individual properties is provided by many listing sources, including one or more multiple listing services. Listing information is deemed reliable but not guaranteed. By using the Site, you agree to the following terms and conditions:

The “Days on RealScout” value is derived from the date the listing was first displayed on RealScout's Services, not from data in the MLS listing. The Site is offered by RealScout, Inc. located at 548 Market St #98337, San Francisco, California 94104-5401. You may contact us by sending correspondence to the foregoing address or by emailing us at feedback@realscout.com.

The following disclaimers apply to listings only from that particular data source:


SmartMLS

The data relating to real estate for sale on this website appears in part through the SMARTMLS Internet Data Exchange program, a voluntary cooperative exchange of property listing data between licensed real estate brokerage firms, and is provided by SMARTMLS through a licensing agreement. Listing information is from various brokers who participate in the SMARTMLS IDX program and not all listings may be visible on the site. The property information being provided on or through the website is for the personal, non-commercial use of consumers and such information may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Some properties which appear for sale on the website may no longer be available because they are for instance, under contract, sold or are no longer being offered for sale. Property information displayed is deemed reliable but is not guaranteed. Copyright 2024 SmartMLS, Inc.