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Information, advice and opinions that even an honest real estate agent might not tell you about the real estate industry.
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Terms & Privacy Policy |
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Definitions of Terms
- "WEICHERT, REALTORS® - Endeavor"
- means WEICHERT, REALTORS® - Endeavor, the real estate service operated by
WEICHERT, REALTORS® - Endeavor Group, LLC.
- "Agent" or "Real Estate Agent"
- means a person who is buying or considering purchasing a property.
- "Buyer" or "Home Buyer"
- means a person who is buying or considering purchasing a property.
- "Seller" or "Home Seller"
- means a person who is selling or considering the sale of a property.
- "Client"
- is a User that has completed the registration process.
- "Prospective Purchaser or Seller"
- is an individual that expressed an immediate and genuine interest in
the sale or purchase of real property.
- "client"
- means a person who is either a Buyer or a Seller who
accesses the Website and otherwise utilizes the services of WEICHERT, REALTORS® - Endeavor.
- "Website"
- means the WEICHERT, REALTORS® - Endeavor Internet.
VOW Policy Terms of Use
PLEASE READ
THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, CONSUMER
AGREES TO THESE TERMS OF USE. IF CONSUMER DOES NOT AGREE TO THESE TERMS OF USE,
CONSUMER AGREES NOT USE THIS SITE.
1.
General. This VOW site (the "Site")
is owned and operated by WEICHERT, REALTORS® - Endeavor Group, LLC. (referred to as "Realtor "). Property ListingsNI has the right at
any time to change or discontinue any aspect or feature of the site, including,
without limitation, the content, hours of availability, and equipment needed for
access or use of the site.
2.
Equipment. Consumer shall be responsible
for obtaining and maintaining all telephone, computer hardware and other equipment
needed for access to and use of the Site and all charges related thereto.
3.
Restrictions on Use.
A.
Consumer shall use the
site for lawful purposes only. Consumer shall not post or transmit through the
Site any material which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, gives rise to civil liability
or otherwise violate any law. Without Realtor's and Property Listings of
Northern Illinois' ("Property ListingsNI") express prior approval, Consumer shall
not post or transmit through the Site any material which contains advertising
or any solicitation with respect to products or services. Consumer shall not use
the Site to advertise or perform any commercial solicitation, including, without
limitation, the solicitation of users to become subscribers of other on-line information
services competitive with the Site. Any conduct by Consumer that in Realtor 's discretion restricts or inhibits any other user
from using or enjoying the Site will not be permitted. Consumer
presently, and at all times in the future, maintain a bona fide interest
in the purchase, sale, or lease of real property of the type being offered through
this Site.
B.
The Site contains copyrighted
material, trademarks and other proprietary information, including, without limitation,
text, software, photos, video, graphics, music and sound,
and the contents of the Site are copyrighted under the United States copyright laws. Consumer
may not modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in whole or
in part. Except as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express written permission of the Realtor
and Property ListingsNI, the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made and no ownership rights shall
be transferred. Consumer acknowledge Property ListingsNI's ownership of and the validity of the copyright in
the Property ListingsNI Database.
C.
Consumer shall not e-mail,
upload, post, frame or otherwise make available on the Site any material protected
by the copyright, trademark, or other proprietary right without the express permission
of the owner of the copyright, trademark, or other proprietary right and the burden
of determining that any material is not protected by copyright rests with Consumer.
Consumer shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm that may result.
D.
The foregoing provisions
of Section 3 are for the benefit of the Realtor and Property ListingsNI, its subsidiaries, affiliates
and its third party content providers and licensors and each shall have the right
to assert and enforce such provisions directly or on its own behalf.
4.
Disclaimer of Warranty;
Limitation of Liability.
A.
CONSUMER EXPRESSLY AGREE
THAT USE OF THE SITE IS AT CONSUMER'S SOLE RISK. NEITHER THE REALTOR OR Property ListingsNI,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE
OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE
SITE.
B.
THE SITE IS PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS
OBTAINED FROM THE USE OF THE SITE.
C.
THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT
ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. CONSUMER SPECIFICALLY ACKNOWLEDGE
THAT Property ListingsNI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
D.
TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, IN NO EVENT SHALL THE REALTOR 'S OR Property ListingsNI'S TOTAL LIABILITY
TO CONSUMER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) EXCEED THE AMOUNT PAID BY CONSUMER , IF ANY, FOR ACCESSING THIS
SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
5.
Consumer-Realtor Relationship. Consumer acknowledges that if Consumer chooses to engage the Realtor,
also recognized as the owner of the VOW site, the Consumer shall be considered
to be represented in a non-exclusive agency relationship with the Realtor, unless
otherwise determined between the Consumer and the Realtor.
6.
Monitoring. Realtor shall have the
right in its sole discretion to refuse to post or remove any material submitted
to or posted on the Site. Without limiting the foregoing, Realtor shall have the
right to remove any material that Realtor, in its sole discretion, finds to be
in violation of the provisions hereof or otherwise objectionable.
7.
Registration to Use Site. Consumer acknowledges that if Consumer chooses to access the Site,
Consumer must complete Site registration form. Upon registration, the Consumer
shall receive a user password in the valid email account elected by Consumer on
the registration form.
8.
Indemnification. Consumer agree to defend,
indemnify and hold harmless the Realtor and Property ListingsNI and its affiliates and their
respective directors, officers, employees and agents from and against any and
all claims, actions, demands, damages, costs, liabilities, losses and expenses
(including reasonable attorneys' fees) arising out of Consumer's use of the Site.
9.
Trademarks. Property ListingsNI and each of their
logos are trademarks of The Property Listings of Northern Illinois, Inc.
All rights reserved. All other trademarks appearing on the Site are the property
of their respective owners.
10. Third Party Content. Neither the Realtor nor
Property ListingsNI is a publisher of content supplied by third parties and users of the Site.
Accordingly, neither the Realtor nor Property ListingsNI has any more editorial control over
such content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers and users,
are those of the respective author(s) or distributor(s) and not of the Realtor
or Property ListingsNI. In many instances, the content available through the Site represents
the opinions and judgments of the respective information provider or user. Neither
the Realtor nor Property ListingsNI endorses, or is responsible for the accuracy or reliability
of any opinion, advice or statement made on the site by anyone other than authorized
Realtor and/or Property ListingsNI employee spokespersons while acting in their official capacities.
11. Viruses. Neither Realtor nor Property ListingsNI
assumes responsibility, and shall not be liable for, any damages to, or viruses
that may infect, Consumer's computer equipment or other property on account of
Consumer's access to, use of, or browsing in the Site or Consumer's downloading
of any materials, data, text, images, video, or audio from the Site.
12. Export Control. Software and other materials
from this Site may also be subject to United States Export Control. The United
States Export Control laws prohibit the export of certain technical data and software
to certain territories. No software from this Site may be downloaded or exported
(1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the Unites States has embargoed goods; or
(2) anyone on the Unites States Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. Neither Realtor
nor Property ListingsNI authorizes the downloading or exportation of any software or technical
data from this Site to any jurisdiction prohibited by the United States Export
Laws.
13. Business Associates. The business associates
of the Realtor and/or Property ListingsNI, as identified on this Site, are independent contractors
of the Realtor or Property ListingsNI. The business associates are not joint venturers
or partners of the Realtor or Property ListingsNI. No employee or representative of the business
associates is under the control of the Realtor or Property ListingsNI.
14. Changed Terms. The Realtor or Property ListingsNI
has the right at any time to change or modify the terms and conditions applicable
to use of the Site, or any part thereof, or to impose new conditions, including,
without limitation, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice thereof, which
may be given by any means including, without limitation, posting on the site,
or by electronic or conventional mail, or by any other means. Any use of the site
by Consumer after such notice shall be deemed to constitute acceptance of such
changes, modifications, additions or deletions.
15. Miscellaneous. These terms of use constitute
the entire agreement of the parties with respect to the subject matter hereof
and supersede all previous written or oral agreements between the parties with
respect to such subject matter. These terms of use shall be construed in accordance
with the laws of the State of Illinois, without regard to its
conflict of laws rules. Consumer hereby consents to the personal jurisdiction
of the State of Illinois, acknowledges that venue is proper in any state or Federal
court in the State of Illinois, agrees that any action related to these terms
of use must be brought in a state or Federal court in the State of Illinois, and
waives any objection that may exist, now or in the future, with respect to any
of the foregoing. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given
any legal import.
The Property ListingsNI link from the
VOW Site, may further incorporate links to other Web
Sites. However, Property ListingsNI does not in any way endorse, nor is it responsible for,
the content on those other sites.
What Information
Do We Collect?
When Consumer
visits our Site, Consumer may provide us with two types of information: personal
information Consumer knowingly chooses to disclose that is collected on an individual
basis and Site use information collected on an aggregate basis as Consumer and
others browse our Site.
Personal Information
Consumer Choose to Provide
For example,
Consumer may need to provide the following information:
- Login Name (User Name, User ID, Member
ID or Agent ID)
- Password
If Consumer chooses to
correspond with us through email, we may retain the content of Consumer's email
messages together with Consumer's email address and our responses. We provide
the same protections for these electronic communications that we employ in the
maintenance of information received by mail and telephone.
NOTE: This Site only asks for
a Login Name and Password from our subscribers entering the private
Intranet pages of the web site. Property ListingsNI does not ask for any information from anyone
using the public side of the Site.
Web Site Use
Information
Similar to other
commercial Web sites, our Site utilizes a standard technology called "cookies"
(see explanation below, "What Are Cookies?") and Web server logs to
collect information about how our Site is used. Information gathered through cookies
and Web server logs may include the date and time of visits, the pages viewed,
time spent at our Web site, and the Sites visited just before and just after our
Site. This information is collected on an aggregate basis. None of this information
is associated with Consumer as an individual.
How Do We
Use the Information That Consumer Provide to Us?
We use personal
information solely for the purpose of administering our business activities, providing
customer service and validating Consumer's authorization to access our systems.
What Are Cookies?
Cookies are a
feature of Web browser software that allows Web servers to recognize the computer
used to access a Web site. Cookies are small pieces of data that are stored by
a user’s Web browser on the user’s hard drive. Cookies can remember what information
a user accesses on one Web page to simplify subsequent interactions with that
Web site by the same user or to use the information to streamline the user’s transactions
on related Web pages. This makes it easier for a user to move from Web page to
Web page and to complete commercial transactions over the Internet. Cookies should
make Consumer's online experience easier and more personalized.
How Do We
Use Information We Collect from Cookies?
We use Web site
browser software tools such as cookies and Web server logs to gather information
about our Web site users’ browsing activities, in order to constantly improve
our Web site and better serve our customers. This information assists us to design
and arrange our Web pages in the most user-friendly manner and to continually
improve our Web site to better meet the needs of our customers and prospective
customers.
Cookies help
us collect important business and technical statistics. The information in the
cookies lets us trace the paths followed by users to our Web site as they move
from one page to another. Web server logs allow us to count how many people visit
our Web site and evaluate our Web site’s visitor capacity. We do not use these
technologies to capture Consumer's individual email address or any personally
identifying information about Consumer .
What About
Other Web Sites Linked to Our Web Site?
We are not responsible
for the practices employed by Web sites linked to or from our Web site nor the
information or content contained therein. Often links to other Web sites are provided
solely as pointers to information on topics that may be useful to the users of
our Web site.
Privacy Policy
On occasion, WEICHERT, REALTORS® - Endeavor may use your e-mail address and phone number to
communicate information about your transaction, valuable tips, or services
and product information that we believe may be of interest to you. If you do not
want to receive such communications from WEICHERT, REALTORS® - Endeavor, simply contact us at
help@endeavorrealty.com or
click on the "opt-out" link contained in the e-mail.
You are free to not provide any of the information requested on the Endeavor
Realty web site. However, certain information may be necessary or required by law
in order for you to obtain some services provided by WEICHERT, REALTORS® - Endeavor. Therefore,
if you choose not to provide the requested information, you may not be able to
access certain WEICHERT, REALTORS® - Endeavor services.
Your WEICHERT, REALTORS® - Endeavor account can be deleted or de-activated at any time by
contacting help@endeavorrealty.com However, you will not be able to access
any of the products and services offered by WEICHERT, REALTORS® - Endeavor if you choose to
delete your account. Please note that WEICHERT, REALTORS® - Endeavor will never share or
sell your information without your permission, except as described in
this Privacy Policy.
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