Terms of Use

Austin Board of REALTORS® Website Terms of Use

Who We Are & About These Terms of Use

Welcome to the Austin Board of REALTORS® website. Austin Board of REALTORS® (“ABoR,” “we,” “our,” or “us”) is a Texas nonprofit corporation. (Wherever possible, the use of “ABoR” herein includes ABoR’s subsidiary, Austin Central/Texas Realty Information Service (“ACTRIS”).) ABoR owns, operates, and/or maintains www.abor.com, subdomains (e.g., www.matrix.abor.com), and other websites on which this notice appears or is linked (collectively, the “Site”).

The Sites are intended to provide you with internet resources, including web pages, podcasts, media and other material about ABoR’s business, services, and products. These Website Terms of Use (“Agreement”) govern your legal rights and obligations relating to the Site and address the following items:

  1. Your Acceptance of This Agreement
  2. Rights to Content on the Site
  3. Limits on Your Use of the Site
  4. Privacy Policy
  5. Content You Provide or Create on the Site
  6. Password and Security
  7. Modifications to The Site
  8. Effect of Other Agreements
  9. Abor’s Liability and Disclaimer of Warranties
  10. Your Liability
  11. Digital Millennium Copyright Act (DMCA) Notice
  12. General
  13. Changes to This Agreement
  14. Contacting Us
  15. Last Update

 

  1. Your Acceptance of This Agreement

This is a legally binding contract: DO NOT USE THE SITE IF YOU DO NOT AGREE WITH THE PROVISIONS OF THIS AGREEMENT. ABoR may update and amend this Agreement without prior notice, as described in Section 13. By entering and using the Site, you signify that you have read and agree to the provisions of this Agreement posted at the time of your use of the Site. If you violate any provision of this Agreement, your permission to use the Site and any licenses to content in it immediately terminate without the necessity of any notice. ABoR retains the right to deny access to the Site to anyone for any reason. You may report unauthorized use of the Site and technical issues to [email protected].

  1. Rights to Content on the Site

As between you and ABoR and ACTRIS, all content on the Site, including but not limited to text, images, graphics, data, and audio/video clips is the property of ABoR and ACTRIS (“ABoR IP”) and may be protected by copyrights, trademarks or other intellectual property rights. ABoR and ACTRIS may license content from third parties to appear on the Site—you may make no claim to rights in such content and acknowledge that it is part of the ABoR IP for purposes of this Agreement. You agree to abide by all additional copyright notices or restrictions contained in or with any ABoR IP. This Agreement constitutes a limited, nonexclusive license for you to make personal noncommercial use of the ABoR IP and the Internet resources that the Site comprises.

  1. Limits on Your Use of the Site

You will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Unless other rights are expressly granted by ABoR, content on the Site is solely for your personal, non-commercial use; commercial use includes, among other things, use of content in any person’s or firm’s marketing or advertising materials without the permission of ABoR or without citing ABoR as the source, and posting of advertisements or solicitations for any goods or services on the Site. You will not use the Site to send or post any threatening, harassing, libelous, defamatory, obscene, inflammatory, sexually oriented or profane material, content or images, or other content that might be considered vulgar, violent or otherwise offensive (“Prohibited Content”). Prohibited Content includes any communications that encourage or facilitate providers of real estate services or products to agree, either expressly or impliedly, to fix prices, to boycott another’s business, or to engage in other conduct intended to illegally restrict free trade.

You must keep user identification numbers, confirmation numbers, and passwords in confidence, and you agree not to distribute or disclose them to third parties. You must immediately alter your password at any time you believe that the password may be subject to theft, unauthorized use or access, or a breach of confidentiality.

This Agreement specifically prohibits you from using the Site, and you may not to use or permit others to use the Site, for any of the following, except to the extent this Agreement expressly permits it:

    • disclosing or sharing user names and/or passwords to any person or entity for any purpose;
    • accessing or attempting to access ABoR’s information technology systems, environments, data or accounts, or logging into an account that you are not authorized to access;
    • attempting to modify or remove any of the software or HTML code comprising a part of the Site.
  1. Privacy Policy

You may choose to become a registered user of our Site, submit information through our Site (e.g., via a form), or apply or maintain your membership with ABoR or ACTRIS. If you choose to engage with our Site via any of the foregoing interactions, then you may be required to submit personally identifiable information to us, which is subject to ABoR’s Privacy Policy to understand how your personally identifiable information is collected, used, and protected.

  1. Content You Provide or Create on the Site

Regarding any information that you submit to or through the Site and any information or data that is generated by the Site that you create, transmit or display while using the Site (“User Content”):

    • you will ensure that the User Content is accurate, current and complete;
    • you are solely responsible for the content and accuracy of the User Content, and ABoR has no responsibility to you or to any third party for it;
    • you agree to assign, and you hereby assign, all right, title, and interest in any copyrights, trademarks, patents and other intellectual property rights in the User Content to ABoR;
    • if the assignment in the previous clause is ineffective, you agree to grant, and you hereby grant, to ABoR a world-wide, royalty-free, perpetual license (including the right to sublicense through multiple tiers) to exercise all rights in the User Content available to you under applicable law;
    • ABoR may associate your identity on the Site (user name, real name, or both) with any User Content appearing to other users of the Site;
    • ABoR may monitor, use, display, distribute, reproduce, publish and modify any User Content or other information you opt to post to publicly and privately accessible areas of the Site;
    • ABoR may, but is not obliged to, edit, delete or move User Content that it deems Prohibited Content or otherwise unacceptable to ABoR in its sole discretion.
  1. Password and Security

You are responsible for maintaining the confidentiality of your password(s) and account information on the Site, and you are fully responsible for all activities that occur under your password(s) or account(s). You agree to ensure that you exit from your account at the end of each user session; and to immediately notify ABoR of any unauthorized use of your password(s) or account(s) or any other breach of security.

  1. Modifications to the Site

ABoR reserves the right to add, remove, or modify any feature of the Site, and to discontinue the Site or any part of it in its entirety, at any time without any notice to you. The Site includes links to other Internet resources that may or may not be affiliated with the Site or with ABoR. This Agreement does not govern your use of these linked Internet resources, and ABoR disclaims all responsibility for your access to and use of such linked Internet resources.

  1. Effect of Other Agreements

If you are a member of ABoR, or a Participant, Subscriber, or other user of ACTRIS’s services, the provisions of this Agreement are cumulative with those set out in your member, Participant, Subscriber, user or other agreement to the extent that they are not inconsistent with each other; in the event the terms are inconsistent, the terms of the other agreement and not this Agreement shall prevail.

  1. ABoR’s Liability and Disclaimer of Warranties

ABOR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS) WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, IN ANY WAY RELATED TO YOUR USE OF THE SITE; (B) ANY LOSS OR DAMAGE THAT YOU MAY INCUR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR SERVICES PROVIDED BY ABOR. YOU AGREE THAT THE LIABILITY OF ABOR, IF ANY, ARISING OUT OF ANY LEGAL CLAIM ARISING FROM YOUR USE OF THIS SITE WILL NOT EXCEED $1,000 IN THE AGGREGATE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT NOTHING ON THIS SITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. THE INFORMATION AND CONTENT ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. IF YOU REQUIRE ADVICE IN RELATION TO ANY REAL ESTATE, LEGAL, OR FINANCIAL MATTER, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

  1. Your Liability

You agree to indemnify and hold ABoR, and its subsidiaries, affiliates, officers, directors, volunteers and employees harmless from any claim, demand or cause of action, for any manner of actual, threatened or claimed loss, damage, cost or expense, including but not limited to costs of court and attorneys’ fees, made by any person, firm, entity or governmental agency or body, due to or arising from your use of the Site or your breach of this Agreement.

  1. Digital Millennium Copyright Act (DMCA) Notice

This Site follows the safe harbor provisions of the Digital Millennium Copyright Act 17 USC § 512. You can review ABoR’s DMCA policy here.

  1. General

Except as otherwise stated, this Agreement is the complete agreement between you and ABoR. The law of Texas governs this Agreement. The parties must submit any dispute regarding this Agreement or its construction or interpretation to the Texas state or U.S. Federal courts sitting in Travis County, Texas. The parties waive any defenses to personal jurisdiction in these forums. If a court of competent jurisdiction determines that any provision of this Agreement is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law. ABoR’s or your failure to exercise or enforce a right in this Agreement or otherwise available, shall not constitute a waiver of any rights.

  1. Changes to this Agreement

ABoR has the sole discretion to update this Agreement at any time. When we do make changes to the Agreement, we will revise the “Last Update” date at the top and bottom of the terms. We encourage you to frequently check this page for changes. You acknowledge and agree that it is your responsibility to review this Agreement periodically. Any changes or modifications will be effective immediately upon posting the updated Agreement on the Sites, and you waive the right to receive specific notice of each such amendment or modification.

  1. Contacting Us

If you have any questions about this Agreement, the Sites, or our other services or products, please contact us at:

Austin Board of REALTORS®
Attn: Webmaster
4800 Spicewood Springs Rd
Austin, TX 78759
[email protected]

  1. Last Update

These terms were last updated on February 17, 2020.