TERMS OF USE

Please Read Carefully Before Using This Web Site

Welcome to the remax-tennessee.com web site (the "Web Site"). The goals of the Web Site include providing consumers with access to residential and commercial real estate listings, real estate related information, real estate related services, and information about RE/MAX of Kentucky/Tennessee, Inc. ("RE/MAX of Kentucky/Tennessee"). To insure a safe, non-offensive environment for all visitors to the Web Site, RE/MAX of Kentucky/Tennessee has established these terms of use ("Terms of Use"). By accessing any areas of the Web Site, you agree to be bound by these Terms of Use. If you do not agree to all of these Terms of Use, please do not use the Web Site.

THESE TERMS OF USE GOVERN YOUR USE OF THE WEB SITE ON THE INTERNET.  THESE TERMS OF USE ARE A LEGAL CONTRACT BETWEEN YOU AND RE/MAX OF KENTUCKY/TENNESSEE AND GOVERN YOUR ACCESS TO, AND USE OF, THE WEB SITE AS WELL AS ALL ASSOCIATED SITES LINKED TO THE WEB SITE BY RE/MAX OF KENTUCKY/TENNESSEE, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THE WEB SITE (THE “SERVICES”).  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE WEB SITE, ANY SERVICES AVAILABLE THROUGH THE WEB SITE OR ANY INFORMATION CONTAINED ON THE WEB SITE.  YOUR USE OF THE WEB SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THESE TERMS SET FORTH BELOW.  RE/MAX OF KENTUCKY/TENNESSEE MAY CHANGE THE CONTENT AND SERVICES THAT RE/MAX OF KENTUCKY/TENNESSEE OFFERS AT ANY TIME. RE/MAX OF KENTUCKY/TENNESSEE CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS OF USE AT ANY TIME BY POSTING A CHANGE NOTICE OR UPDATED TERMS OF USE ON THE WEB SITE.  IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE WEB SITE.  YOUR CONTINUED USE OF THE WEB SITE, OR THE SERVICES AVAILABLE THROUGH THE WEB SITE, WILL BE CONCLUSIVELY DEEMED TO INDICATE YOUR ACCEPTANCE OF THE CHANGE.


1. PRIVACY POLICY –Your use of the Web Site, and the Services provided on or through the Web Site, is governed by RE/MAX of Kentucky/Tennessee’s Privacy Policy, which is available here (the “Privacy Policy”).  You agree that we may use your information in accordance with the Privacy Policy. 

2. LINKS - For your convenience, the Web Site may contain content, information and services from third parties and links to third party web sites, or may redirect you to third party web sites that may be of interest to you ("Third Party Content and Services"). Third Party Content and Services are not under the control of RE/MAX of Kentucky/Tennessee, and RE/MAX of Kentucky/Tennessee is not responsible for such content (including the accuracy or reliability of any such content, data, opinions, or advice), services or third party web sites, including without limitation any link contained in such content, or any changes or updates to such content, services or third party web sites. RE/MAX of Kentucky/Tennessee is providing the Third Party Content and Services to you only as a convenience, and the inclusion or access to Third Party Content and Services does not imply an endorsement or recommendation by RE/MAX of Kentucky/Tennessee of such content or services, of the provider of such content or services, or any third party web site. The Privacy Policy is applicable only when you are on the Web Site. Third Party Content and Services will have different privacy policies from the Web Site and you further acknowledge and agree that your use of such Third Party Content and Services is governed by the respective privacy policy and terms and conditions and/or user guides for such Third Party Content and Services.  If you link to, or are redirected to Third Party Content and Services, you should read the relevant privacy policy and terms and conditions and/or user guides for such Third Party Content and Services before disclosing any personal information. RE/MAX of Kentucky/Tennessee reserves the right to terminate any link or linking program at any time. YOU AGREE THAT RE/MAX OF KENTUCKY/TENNESSEE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY CONTENT AND SERVICES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY CONTENT AND SERVICES.  Any reference on the Web Site to any product, service, publication, institution, organization of any third party entity or individual does not constitute or imply RE/MAX of Kentucky/Tennessee’s endorsement or recommendation. RE/MAX of Kentucky/Tennessee cannot and does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of Third Party Content and Services. You are responsible for confirming the sufficiency and reliability of any Third Party Content and Services.


3. APPLICABLE LAW - The Web Site is controlled by RE/MAX of Kentucky/Tennessee from its offices within the City of Alpharetta, the State of Georgia, U.S.A. As such, the laws of the State of Georgia, U.S.A. and applicable U.S. federal law, will govern these Terms of Use, excluding any principles or rules of law that may direct the application of the law of another state. Foreign laws do not apply.  The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms of Use. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Georgia, U.S.A., for any litigation arising out of or relating to the use of the Web Site, waive any objection to the venue of any such litigation in the Georgia courts and agree not to plead or claim in any Georgia court that such litigation brought therein has been brought in an inconvenient forum. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this paragraph. Any litigation arising out of or relating to the use of the Web Site shall be litigated on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceeding, or otherwise. If any provision in these Terms of Use is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  RE/MAX of Kentucky/Tennessee’s failure to enforce any of these Terms of Use is not a waiver of such term.  These Terms of Use are the entire agreement between you and RE/MAX of Kentucky/Tennessee and supersede all prior or contemporaneous negotiations, discussions or agreements between you and RE/MAX of Kentucky/Tennessee about the Web Site.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Use.

 

TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO AGREE TO WAIVE TRIAL BY JURY WITH RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THE TERMS OF USE AND THE WEBSITE. 


4. COPYRIGHT NOTICE - The materials provided through the Web Site (“Materials”), including, but not limited to, all information, text, logos, graphics, messages, images, photos, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements, and other content or materials on the Web Site that are not Submissions (defined below), as well as the organization and layout of the Web Site, (i) are the copyrighted and/or trademarked work of RE/MAX of Kentucky/Tennessee or others who have licensed or authorized RE/MAX of Kentucky/Tennessee to use the Material or contributed the Material to the Web Site and (ii) are protected by United States and international copyright laws and treaty provisions. You may access, download and print Materials on the Web Site solely for your personal and non-commercial use, however, any print out of the Web Site, or portions of the Web Site, must include the copyright notice of the owner of such Materials. No right, title or interest in any of the Materials contained on the Web Site is transferred to you as a result of accessing, downloading or printing such Materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, frame in another web site, use on any other web site, transfer or sell any information obtained from the Web Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. The trademarks and service marks used or displayed on the Web Site are either trademarks or service marks or registered trademarks or service marks of RE/MAX of Kentucky/Tennessee or a third party. None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the trademark or the service mark. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.


You agree that you will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site.


Except with the written permission of RE/MAX of Kentucky/Tennessee, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Web Site. Unauthorized individuals attempting to access prohibited areas of the Web Site may be subject to prosecution.


Except with the written permission of RE/MAX of Kentucky/Tennessee, you agree that you will not create links from any web site or web page to any page within the Web Site. You agree that if RE/MAX of Kentucky/Tennessee, in its sole and unfettered discretion, requests in writing that you remove any link or links to the Web Site, you will promptly do so.


You agree that RE/MAX of Kentucky/Tennessee may, in its sole discretion and at any time, terminate your access to and use of the Web Site, or any part thereof, with or without notice.


5. SUBMISSIONS - If you post, upload, submit or otherwise transmit any content on or through the Web Site (a “Submission”), you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity. You are responsible for the truth, accuracy and integrity of your Submission, and you must ensure that you have the rights to it – do not violate someone else’s copyright. You represent and warrant that: (i) you own all Submissions posted by you on or through the Web Site or otherwise have the right to grant the ownership to RE/MAX of Kentucky/Tennessee set forth in this paragraph, and (ii) the posting of your Submissions on or through the Web Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Web Site. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Web Site is provided on a non-proprietary and non-confidential basis.  You agree that we may use any of your Submissions for any purpose, and you hereby assign, transfer and convey to RE/MAX of Kentucky/Tennessee all your worldwide right, title and interest in and to your Submissions, and the complete right to exploit or otherwise use the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights.  When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below.  Those prohibitions do not require RE/MAX of Kentucky/Tennessee to monitor, police or remove any Submissions or other information submitted by you or any other user.

 

6. Unauthorized Activities - Please be respectful when you use the Web Site and Services.  For example, you agree not to: 

 

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Web Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on the Web Site.
  • Violate any applicable laws prohibiting discrimination. 

This list of prohibitions provides examples and is not complete or exclusive.  RE/MAX of Kentucky/Tennessee reserves the right to terminate your ability to post to the Web Site (or the Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that RE/MAX of Kentucky/Tennessee determines is inappropriate or disruptive to the Web Site or to any other user of the Web Site and/or Services. RE/MAX of Kentucky/Tennessee may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, or at RE/MAX of Kentucky/Tennessee’s discretion, RE/MAX of Kentucky/Tennessee will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Web Site or on the Internet.

Certain Submissions and unauthorized use of any Materials or third party content contained on the Web Site may violate certain laws and regulations.


7. DISCLAIMER - YOUR USE OF AND RELIANCE UPON THE CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH THE WEB SITE ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS. RE/MAX OF KENTUCKY/TENNESSEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMLINESS OF SUCH CONTENT, INFORMATION OR SERVICES. RE/MAX OF KENTUCKY/TENNESSEE EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RE/MAX OF KENTUCKY/TENNESSEE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEB SITE. RE/MAX OF KENTUCKY/TENNESSEE MAY MAKE CHANGES TO THE WEB SITE AT ANY TIME WITHOUT NOTICE. WHILE RE/MAX OF KENTUCKY/TENNESSEE STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE AND CURRENT, RE/MAX OF KENTUCKY/TENNESSEE CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION. INFORMATION WITHIN THE WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. RE/MAX OF KENTUCKY/TENNESSEE RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THE WEB SITE AT ANY TIME, AND WITHOUT NOTICE.

ANY FILES, PROGRAMS OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

8. LIMITATION OF LIABILITY - IN NO EVENT SHALL RE/MAX OF KENTUCKY/TENNESSEE BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND INCLUDING LOST PROFITS, LOST DATA, LOST USE,LOST REVENUE OR OTHER ECONOMIC ADVANTAGE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS OR BY THE USE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, USE OR PERFORMANCE OF THE WEB SITE, THE DISPLAYING, COPYING OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEB SITE, THE DELAY OR INABILITY TO USE THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR THE USE, EXISTENCE OR RELIANCE UPON ANY CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RE/MAX OF KENTUCKY/TENNESSEE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE OR RELATED SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE AND RELATED SERVICES.


9. INDEMNIFICATION - YOU AGREE TO INDEMNIFY AND HOLD RE/MAX OF KENTUCKY/TENNESSEE AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND BUSINESS PARTNERS, AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES THROUGH THE WEB SITE, HARMLESS FROM AND AGAINST ANY AND ALL COSTS, DAMAGES, LIABILITY AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS OF DEFENSE), RE/MAX OF KENTUCKY/TENNESSEE OR ANY OTHER INDEMNIFIED PARTY SUFFERS IN RELATION TO, ARISING FROM, OR FOR THE PURPOSE OF AVOIDING, ANY CLAIM OR DEMAND FROM A THIRD PARTY THAT YOUR USE OF THE WEB SITE OR THE USE OF THE WEB SITE BY ANY PERSON USING YOUR ACCOUNT, USERNAME, AND/OR PASSWORD (INCLUDING, WITHOUT LIMITATION, YOUR SUBMISSIONS) VIOLATES ANY APPLICABLE LAW OR REGULATION, OR THE COPYRIGHT, TRADEMARKS OR OTHER RIGHTS OF ANY THIRD PARTY.

 

10. LOCAL LAWS; EXPORT CONTROL- RE/MAX of Kentucky/Tennessee controls and operates the Web Site from its headquarters in the United States of America and the Materials or Submissions may not be appropriate or available for use in other locations.  If you use the Web Site outside the United States of America, you are responsible for following applicable local laws.

 

11. TERMINATION- RE/MAX of Kentucky/Tennessee may, in its sole discretion, terminate and/or suspend your access to the Web Site, or any part thereof, with or without notice.  RE/MAX of Kentucky/Tennessee may advise you of any inappropriate behavior and recommend any necessary corrective action.  However, certain violations of these Terms of Use, as determined by RE/MAX of Kentucky/Tennessee, may result in immediate termination of your access to the Web Site.  RE/MAX of Kentucky/Tennessee’s failure to enforce any of these Terms of Use is not a waiver of such term.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Use.

 

12. Receiving Information - If you place a request or order with RE/MAX of Kentucky/Tennessee or the Web Site, create an account, or download our application, you agree to receive communications via email from RE/MAX of Kentucky/Tennessee.  RE/MAX of Kentucky/Tennessee may email you about changes to the Web Site, the Services, these Terms of Use, and the Privacy Policy.  You agree that any notices, agreements, disclosures or other communications that RE/MAX of Kentucky/Tennessee sends you electronically will satisfy any legal communication requirements, including, without limitation, that such communications be in writing.

 

13. UPDATES - RE/MAX of Kentucky/Tennessee reserves the right to make changes to the Web Site and these Terms of Use, at any time, and may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Your use of the Web Site following any such change constitutes your agreement to follow and be bound by these Terms of Use as changed. If any change is unacceptable to you, your only recourse is to discontinue using the Web Site and related services.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY RE/MAX OF KENTUCKY/TENNESSEE.