Terms & Conditions

Last updated: 05.20.2016

This service is owned and operated by Residential Pro Brokerage, Inc. d/b/a ResidentialPRO (“ResidentialPRO,” “us,” “our,” or “we”). These Terms & Conditions govern your use of the ResidentialPRO website (“Site”), our mobile application (the “App”) and any services available (collectively with the Site and App, the “Service”). By using the Service, you agree to be bound by these Terms & Conditions, our Privacy Policy (which is incorporated herein), all applicable laws and all conditions or policies referenced here (collectively, the “Terms“). If you do not agree to these Terms, you should immediately cease all usage of our Service.

ResidentialPRO may amend these Terms at any time by posting a revised version of our Terms on our Site or App with their effective date. Your access to or continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms.

  1. Description of Service

Our Service helps to connect people who wish to sell real estate with people who wish to buy real estate. You have no obligation to work with ResidentialPRO and you can terminate your account with us at anytime.  Any information you obtain from our Site is intended for your personal, non-commercial use. If you want to list your home with a ResidentialPRO agent, or buy a home with a ResidentialPRO agent, then you will need to separately execute a listing agreement or buyer’s agency agreement to become a ResidentialPRO client.

  1. Intellectual Property Ownership and License
  1. Copyright All materials (including source code, data, images, and other content) contained in the Service, including the selection and arrangement of the materials, are owned by ResidentialPRO or are licensed by ResidentialPRO for use on the Site.
  2. Trademarks ResidentialPRO, the ResidentialPRO logos and other ResidentialPRO trademarks, service marks, graphics, and logos used in connection with ResidentialPRO are trademarks or registered trademarks of ResidentialPRO in the U.S. Other trademarks and logos used in connection with ResidentialPRO may be the trademarks of their respective owners.
  3. Data The MLS Data on our Site is the property of the individual MLSs providing the data. These MLSs have granted ResidentialPRO the necessary licenses to display the MLS Data on the Site.
  4. License Granted We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service subject to your continued compliance with these Terms.
  5. Webscraping of Listing & Property Data Is Not Allowed Crawling ResidentialPRO.com is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from ResidentialPRO.
  6. Restrictions Except as enabled and directed on the Services, you may not modify, decompile, reproduce, redistribute, attempt to commercially gain from your use, or misuse of the Service or any of its components. You may not use any meta-tags or other hidden text using the ResidentialPRO name or trademarks without our specific permission. We may revoke your permission to access and use the Site, and we may block or prevent you from accessing the Site, in our discretion without notice. If you violate the Terms, your permission to access and use the Sites is automatically revoked.
  7. Reservation of Rights Except for the limited license granted above, ResidentialPRO reserves all of its intellectual property rights in the Sites. This Agreement does not grant you any right or license with respect to any trademarks and logos.
  8. Information Aggregation ResidentialPRO is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to ResidentialPRO from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of ResidentialPRO by sending feedback but it is likely that such information accuracy cannot be corrected by ResidentialPRO and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the third party listing agent per MLS rules.
  1. Registration

To access and use some aspects of the Service, you may be required to register with our Service and provide your email address. You represent and warrant that if you register on our Service, you will provide accurate registration information and you will keep your registration information up-to-date. You are responsible for maintaining the confidentiality of your login details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account or any other suspected breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your account data.

You must be of legal age to enter a binding legal contract to use our Service. You may not use the Service if you are under the age of 18 or are otherwise prohibited by law from using our Site. We reserve the right to refuse use of the Service to anyone for any reason without liability. Furthermore, we reserve the right to terminate user accounts for any violation of these Terms.

  1. User Content and User Conduct

Any content uploaded, posted, submitted, or otherwise made available by individual users of our Service, including without limitation property photographs and descriptions, or other content which does not originate with ResidentialPRO (“User Content”), is the sole responsibility of the person who made such User Content available on the Site. Under no circumstances will ResidentialPRO be liable in any way for any User Content made available through our Service. Because we do not necessarily pre-screen or review the User Content posted on our Site, we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing our Service, you may encounter content that you may consider to be objectionable. We have no responsibility for any User Content, including without limitation any errors or omissions therein. ResidentialPRO is not liable for any loss or damage of any kind you claim was incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on our Service, whether by ResidentialPRO, individual users of our Service or our third party contractors or licensors.

You agree that you will not use our Service to transmit or make available any User Content that:

  • violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
  • infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
  • contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
  • you know or have reason to know is false, misleading, or fraudulent;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • employs any techniques to disguise the origin of the content submitted;
  • contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
  • incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
  • contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.

You further agree not to use our Service to:

  • engage in any conduct which might be harmful to any individual;
  • impersonate or misrepresent your affiliation with any person or entity;
  • engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity;
  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

In addition, you are prohibited from interfering with or disrupting the Service, or servers or networks connected thereto. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any Content that is posted on our Site. You agree that our exercise of such discretion will not convert or transform User Content to content owned or provided by ResidentialPRO, and the user who made such User Content available on our Service will retain ownership thereof as described below

  1. Ownership of Feedback

We welcome comments or suggestions regarding our Service. The following policy applies to all third party submissions to ResidentialPRO of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) we will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) we will not be liable for any use or disclosure of any submission; and (d) ResidentialPRO shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting person.

  1. Third-Party Websites, Advertisers or Services

Our Service may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site or service. Your use of those third-party sites or services is subject to their own terms of use and privacy policies, and we encourage our users to review the terms of use and privacy policies of third-parties’ sites.

  1. Indemnity

You agree to defend, indemnify and hold harmless ResidentialPRO, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to your use of the Service, breach of these Terms or violation of any law. ResidentialPRO may assume the exclusive defense and control of any matter for which you have agreed to indemnify ResidentialPRO and you agree to assist and cooperate with ResidentialPRO in the defense or settlement of any such matters.

  1. No Warranty

ResidentialPRO makes no representations or warranties regarding the Service, the results you may achieve when you use the Service, or the quality of any third party referrals we may provide. ResidentialPRO has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.

  1. Limitation of Liability

IN NO EVENT SHALL RESIDENTIALPRO, ITS RELATED ENTITIES, OR THE DIRECTORS OR OFFICERS OF ANY OF THEM (the “RESIDENTIALPRO PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE SERVICE, THE INFORMATION COLLECTED OR TRANSMITTED THROUGH THE SERVICE, THE CONDUCT OF ANY USER OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND ANY DAMAGES RESULTING IN ANY WAY FROM ANY USE OF THE SERVICE BY YOU OR A THIRD PARTY, OR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE. ALL LIABILITY OF RESIDENTIALPRO PARTIES, HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF OR RELATED TO YOUR USE THE SERVICE IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF RESIDENTIALPRO (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE RESIDENTIALPRO PARTIES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT ANY RESIDENTIALPRO PARTY HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE OR SITE FOR: INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF ANTICIPATED SAVINGS; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICE.

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LIABILITY OF RESIDENTIALPRO WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  1. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ResidentialPRO without restriction or consent.

  1. Termination

Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Site, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Governing Law

You agree that: (i) the Service shall be deemed based in Kansas (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over ResidentialPRO, either specific or general, in jurisdictions other than Kansas. This Agreement shall be governed by the laws of the State of Kansas, without respect to its conflict of laws or principles. We make no representation that our Service is appropriate, legal or available for use outside of the United States. The state and federal courts located in Johnson County and/or Kansas City, Kansas will serve as the exclusive jurisdiction and venue for any actions brought, or claims made, arising out of your use of our Site, and you hereby consent to such jurisdiction.

  1. Notice

You agree ResidentialPRO may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our Site. You may opt out of certain means of notification or to receive certain notifications.

  1. Entire Agreement/Severability

These Terms are the entire agreement between you and ResidentialPRO regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. ResidentialPRO’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

  1. Changes to Terms

ResidentialPRO may alter these Terms at any time, so please review them frequently. If a material change is made, ResidentialPRO may notify you within our Service’s functionality, by email, by means of a notice on our home page, or other places we think appropriate. A “material change” will be determined at ResidentialPRO’s sole discretion, in good faith, and using common sense and reasonable judgment.

  1. Contact Us

If you have any questions about these Terms, the practices of this Service, your dealings with this Service, or complaints, please contact us at:

support@residentialpro.com

or send your mail to:

ResidentialPRO

6600 College Boulevard, Suite 125

Overland Park, KS 66211