Terms & Conditions

These Terms of Use were updated on May 5, 2017.
Your continued use of the Services constitutes your acceptance of the updated policies and terms below.

Terms of Use - Updated May 5, 2017

This website and the WE ARE REALTY Services and Software Applications (the "Sites"), together with the services provided through the Sites (collectively the Sites and services are the "Services") are owned and operated by WE ARE REALTY ("WE ARE REALTY", “we”, “us”, “our”"), a licensed real estate brokerage headquartered at 2724 Abbot Kinney Blvd, Suite 202 Venice, CA 90291.

These Terms of Use which include the Privacy Policy, serve as the "Agreement" between you and WE ARE REALTY regarding the Services, and include information about your rights and responsibilities about content and our limitation of liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept the terms of the Agreement in full. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Service or consume any Content.

These terms of use refer specifically to the software, processes and data available through wearerealty.com and the subsidiary sites such as shop.wearerealty.com. WE ARE REALTY as a company, also offers additional products and lawful professional real estate services. These additional services, such as listing a property for sale or purchasing a property with a WE ARE REALTY agent will require additional terms generally with lawful listing and purchase agreements approved by the association of realtors in order to become a WE ARE REALTY Client; those agreements are not covered in the follow terms of use.

In order to use WE ARE REALTY, You must be:

- A Citizen, legal resident or lawful investor of the United States of America.
- Above the age of 13 and of legal age in the state where you live

If you do not meet this criteria please do not use the Sites and Services.

1. Definitions

A. Services consist of a set of software programs, interfaces and webpages including source code, copy, data, images, video and other content running on computers hosted at Provider sites or at third-party hosting facilities accessible via the Internet as described in this Agreement and the Site.

B. Data means the prices and other market data that is (i) owned by Provider and (ii) obtained by Provider from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Site.

C. Third Party Data means the prices and other data that is (i) not owned by Provider and (ii) obtained by Provider from exchanges and other sources delivered to Customer via the Web Services and as described in this Agreement and on the Site.

D. Data Owner means a legal entity that holds ownership rights to some of the Data or Third Party Data (defined below) and is the original licensing source of such portion of the Data or Third Party Data when such portion of the Data or Third Party Data is not in the public domain. In cases of Third Party Data, Provider has secured redistribution agreements with the Data Owner.

E. Distinct Software Applications means software applications that automate substantially different business products, services, processes or functions of Customer. Provider reserves the right, in its sole discretion, to make a reasonable determination as to whether software applications that use the Web Services or the Data or Third Party Data constitute Distinct Software Applications.

F. Data Exchange Format means an electronic version of the Data or Third Party Data used for sharing the Data or Third Party Data between software applications, including but not limited to any application programming interface (API), any database access (MLS, ODBC, etc.), any network transmission format (e.g., EDI, SOAP, RSS, XML, etc.) and any data file format (e.g., XLS, CSV, etc.). Provider reserves the right, in its sole discretion, to determine if a particular electronic version of the Data or Third Party Data constitutes a Data Exchange Format.

G. Subscription Plan means all the subscription plans selected by the Customer in connection with the purchase of the use of the Web Services, Data and Third Party Data. The Provider posts the available subscription plans and the specific use of the Web Services, Data and Third Party Data provided by each subscription plan on the Site, as they may be updated by the Provider from time to time. The current subscription plans offered with respect to the Web Services are located at http://www.wearerealty.com/pricing.

H. Support Plan means the Support Plan selected by the Customer in connection with the purchase of the use of the Web Services, Data, and Third Party Data. The Provider posts the available support plans and specific service levels provided by each support plan on the Site, as they may be updated by the Provider from time to time. The current support plans offered with respect to the Web Services are located at http://www.wearerealty.com/pricing.

2. Intellectual Property Ownership and License

A. Data The Multiple Listing Service (MLS) Data on our Sites is the property of the individual, local Multiple Listing Services providing the data. These Multiple Listing Services have granted WE ARE REALTY the necessary licenses to display the MLS Data on the Sites. Some require us to display certain licensing information about their MLS Data and limit certain data to certain user types.

B. Copyright All materials contained with in the Services, including the selection and arrangement of the materials, are owned by WE ARE REALTY or are licensed by WE ARE REALTY for use on the Sites.

Our site features Google Maps, please review their privacy policy, legal notices and terms of use. Portions of this page are modifications based on work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License.

C. Trademarks WE ARE REALTY, the WE ARE REALTY logos and other WE ARE REALTY trademarks, service marks, graphics, domain names and logos used in connection with WE ARE REALTY are trademarks or registered trademarks of WE ARE REALTY in the U.S. and/or other countries.

Other trademarks and logos used in connection with WE ARE REALTY may be the trademarks of their respective owners. Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions.

D. Intellectual Property Rights The WE ARE REALTY software applications and the Content are licensed to authorized users, not sold. WE ARE REALTY and its licensors retain ownership of all copies of the WE ARE REALTY software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”). WE ARE REALTY may also own trade secrets and other unique information and processes that serve the functionality of the Services.

E. Copying Data Is Not Allowed WE ARE REALTY reserves all rights to the Services, Content and Data. Using software and any other means to Crawling the wearerealty.com and network sites 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 WE ARE REALTY.

G. Restrictions Except as enabled and directed on the Services, you may not modify, reproduce, redistribute, access or attempt to commericial gain from your use, or misuse of the Services or any of their components. You may not use any meta-tags or other hidden text using the WE ARE REALTY name or trademarks without our specific permission. WE ARE REALTY refrains the right to revoke your permission to access and use the Sites, and we may block or prevent you from accessing the Sites, in our discretion without notice. If you violate the Terms of Use, your permission to access and use the Sites is automatically revoked.

H. Reservation of Rights Except for the limited license granted above, WE ARE REALTY 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.

I. Information Aggregation WE ARE REALTY is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to WE ARE REALTY from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of WE ARE REALTY by sending feedback but it is likely that such information accuracy cannot be corrected by WE ARE REALTY 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 under our terms with the MLSs.

3. Client Registration

We have made it extremely easy to create a client account with WE ARE REALTY. All site users are required to register for a WE ARE REALTY account in order to access property listings and other site features. This is a requirement of our various MLS agreements and will be strictly enforced.

By creating a WE ARE REALTY account you are agreeing to these Terms of Use as well as the lawful Terms of Use of our service partners. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your WE ARE REALTY profile information accurate. You agree to keep your password and other information within your account confidential. You may be the only one to use your account and not use another users account. WE ARE REALTY reserves the right to terminate accounts in its discretion.

4. Equal Housing Opportunity

The Federal Fair Housing act passed by the United States Federal Government in 1968 was intended to protect the rights of all persons looking to buy, sell, invest or rent real estate. WE ARE REALTY strictly complies with all laws regarding equal housing opportunities and will continue to support all lawful persons looking to purchase, invest or dispose of real estate in which race, color, religion, sex, handicap, sexual orientation, familial status and national origin will not be used as a factor to determine ones eligibility to transact.

5. User-Generated Content

A. User-Generated Content Registered, active users of WE ARE REALTY may submit, post, and/or contribute ("submit") content to the Service which may include for example videos, text, messages, information, property listings, financial details, ideas, reviews, comments, photos, or other content to WE ARE REALTY and the Sites ("Submissions"). All Submissions must comply with the WE ARE REALTY Community Guidelines below. You represent that you own or control all of the rights to your Submissions and that the Submissions do not violate these Terms of Use, including our Community Guidelines, the rights of any third party or applicable laws. You are solely responsible for your Submissions. WE ARE REALTY may, but is not obligated to, monitor and edit or remove Submissions, and has no obligation to store Submissions.

B. License By using the services, any user-generated content Submissions grants WE ARE REALTY a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions in any form or media. WE ARE REALTY may, but is not obligated to, post the name, title, license number or other identifying information associated with the Submission.

Any information you provide, directly or indirectly to WE ARE REALTY, shall be granted a perpetual unlimited license to use, publish, distribute, remove, add, process, edit and commercialize, in any form, without any further consent, notice and/or compensation to you or to any third parties.

C. Disclaimer WE ARE REALTY takes no responsibility and assumes no liability for any Submissions posted by you or any third party. Any use of any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. WE ARE REALTY may not monitor or control the Submissions posted via the Services and, we cannot take responsibility for such Submissions. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Sites. WE ARE REALTY is not responsible for anothers misuse of any submission or anything else you post on WE ARE REALTY.

6. User Guidelines

WE ARE REALTY values and respects intellectual property rights and expects the same from our users and partners. In order to have a fair and balanced service and market place, we have developed certain rules and guidelines each user is required to follow when using the service. Please follow these rules and encourage other users to do the same.

A. The following is not permitted for any reason whatsoever:

Copying, redistributing, reproducing, transferring, performing or displaying to the public, or making available to the public any part of the WE ARE REALTY Service or the Content, or otherwise making any use of the WE ARE REALTY Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights of WE ARE REALTY.
Using the Services to publish, import, upload or copy any local files you do not have the legal right to publish.
Transferring any copies of files or cached content from an authorized device to any other device.
Reverse-engineering, decompiling, disassembling, modifying or creating derivative works based on the WE ARE REALTY Services, Content of any part thereof unless permitted by applicable law.
Removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content).
Selling, renting, sublicensing or leasing of any part of the Service or the Content.
Circumventing any territorial restrictions applied by WE ARE REALTY of its licensors.
Sharing or Providing your password and/or login details to any other person or using any other person's username and password.
No solicitation unless specifically allowed by the Service features.

B. WE ARE REALTY is proud of our ethics. Please respect the owners of the Content and other users of the Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

is offensive, abusive, defamatory, pornographic, threatening, or obscene.
is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of WE ARE REALTY or a third party.
includes your password or purposely includes any other user's personal data or purposely includes personal data of third parties or is intended to solicit such personal data.
involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, using any data or other means of the WE ARE REALTY service.
is intended to harass any other users.
impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading.
uses automated means to artificially promote content.
involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by WE ARE REALTY.
tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or WE ARE REALTY’s computer systems, network, usage rules, or any of Service’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof.

You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your WE ARE REALTY account. You also agree that WE ARE REALTY may also reclaim your username for any reason.

C. Message Boards WE ARE REALTY offers forums where you can post your observations and comments on designated topics. WE ARE REALTY account holders can create forum topic threads. WE ARE REALTY, in its sole discretion, may close or transfer threads, or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that everything you share in a forum may be seen and used by other users of the Services.

D. Partner Reviews WE ARE REALTY may publish user submitted reviews of real estate service providers (title companies, real estate agents, escrow companies, lenders, home inspectors, lawyers, and others). Only WE ARE REALTY clients with a verified transaction can review a Partner on WE ARE REALTY. Partners are notified of the review and given the opportunity to respond. Service Providers or WE ARE REALTY clients who have questions can contact support@wearerealty.com.

6. How WE ARE REALTY May Communicate with You

For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about homes you might be interested in), you agree that WE ARE REALTY may communicate with you through the contact information associated with your WE ARE REALTY account or WE ARE REALTY Applications, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Please review your Account Settings or settings on your mobile device to control what kind of messages you receive from WE ARE REALTY. WE ARE REALTY has no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you can make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making those requests, you authorize WE ARE REALTY to share your personal information including your home search history, favorites and saved searches, with a real estate professional (a WE ARE REALTY Agent or staff member, or a Partner Agent, as defined below). When you make such a request to WE ARE REALTY you are extending an express invitation for WE ARE REALTY, or another appropriate entity or person, to contact you. A Partner Agent is employed by or works with another brokerage, but has teamed up with us to provide WE ARE REALTY-quality service to a wider range of customers. We'll refer you to a Partner Agent in our discretion.

7. Third Party Sites

WE ARE REALTY may include links to third party websites ("Third Party Sites") in its Services, including links to Third Party Sites from our Open Book Directory. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. WE ARE REALTY is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites.

8. WE ARE REALTY Applications

WE ARE REALTY offers services through applications built using WE ARE REALTY's platform ("WE ARE REALTY Applications"). Examples of WE ARE REALTY Applications include, without limitation, its smart phone applications (WE ARE REALTY for Android, WE ARE REALTY for iPad, or WE ARE REALTY for iPhone), and WE ARE REALTY "Share" buttons, which allow you to share your activities on the Sites with your friends using social media or email. You acknowledge you are responsible for all charges and necessary permissions related to accessing WE ARE REALTY through your mobile access provider.

9. SMS/MMS Messaging Terms

1. User Consent for SMS/MMS Messaging
By providing your mobile phone number and opting-in to receive SMS or MMS messages from WE ARE REALTY, you consent to receive text messages, including messages sent by an automatic telephone dialing system, at the mobile phone number provided. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services from WE ARE REALTY.

2. Message Frequency
The number of messages you receive will vary based on your interaction with WE ARE REALTY services. Standard message and data rates may apply.

3. Opting Out of SMS/MMS Messaging
You can opt-out of receiving text messages from WE ARE REALTY at any time by replying "STOP" to any text message from WE ARE REALTY. You will receive a one-time opt-out confirmation text message. If you opt-out, you agree to receive this confirmation message. You can also opt-out by contacting our customer service team.

4. Help and Support
If you need assistance with SMS/MMS messaging, reply "HELP" to any text message or contact our customer service team at support@wearerealty.com. Standard message and data rates may apply to any messages sent and received.

5. Privacy and Security
Your privacy is important to us. Our Privacy Policy (http://www.wearerealty.com/privacy) describes how we collect, use, and share your personal information. We will take all reasonable steps to ensure that your data is treated securely and in accordance with this policy.

6. Changes to SMS/MMS Messaging Terms
WE ARE REALTY reserves the right to modify these SMS/MMS Messaging Terms at any time. Any changes will be effective immediately upon posting to this page. Your continued receipt of text messages from WE ARE REALTY will constitute your acceptance of any changes.

10. Termination

You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you'd like to deactivate your account, please visit your Account Settings or contact Customer Service. WE ARE REALTY may terminate this Agreement or your account at any time, with or without notice.

11. Indemnification

You agree to indemnify WE ARE REALTY and hold WE ARE REALTY harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the WE ARE REALTY Sites or using the WE ARE REALTY Services.

12. Disclaimers

WE ARE REALTY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE ARE REALTY DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE ARE REALTY AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY WE ARE REALTY OR ANYTHING RELATED TO WE ARE REALTY, YOU MAY DEACTIVATE YOUR WE ARE REALTY ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. WE ARE REALTY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH WE ARE REALTY TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. WE ARE REALTY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, WE ARE REALTY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. WE ARE REALTY DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE ARE REALTY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, WE ARE REALTY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

13. Limitation of Liability

IN NO EVENT WILL WE ARE REALTY OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST WE ARE REALTY OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

14. Dispute Resolution

Any claim or controversy arising out of or relating to the use of the Sites, to the goods or services provided by WE ARE REALTY, or to any acts or omissions for which you may contend WE ARE REALTY is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Los Angeles, California. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by WE ARE REALTY. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Los Angeles, California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and WE ARE REALTY, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Los Angeles, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.

15. Additional Legal Terms

A. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.

B. Notices You may contact us here. Or via mail or courier at: WE ARE REALTY Inc. ATTN: Legal, 2724 Abbot Kinney Blvd, # 202, Venice, CA 90291.

C. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and WE ARE REALTY regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WE ARE REALTY services.

D. Amendments to This Agreement We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.WE ARE REALTY.com or notifying you otherwise. For example, we may present a notification on the Services when we have materially amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 9 (Termination).

E. No Waiver Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

F. No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.

G. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, WE ARE REALTY for any third party that assumes our rights and obligations under this Agreement.

I. Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

J. Complaints Regarding Content Posted on the WE ARE REALTY Website For non-copyright complaints, you may notify us here.

K. International Matters WE ARE REALTY is controlled and operated from WE ARE REALTY's United States offices in California. We make no representation that the Services are appropriate or available for use in any particular location. Those who choose to access WE ARE REALTY do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from WE ARE REALTY, is further subject to United States export controls. No Services, including software from WE ARE REALTY, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.

L. Copyright Complaints Our team works incredibly hard to make sure all information and works on our site have the property licenses in place. If you believe your work has been used on the Sites in a way that constitutes copyright infringement, please contact our Legal Department and include the following information:

Your name, address, phone number and email address;
Identification of the copyrighted work(s) you believe to be infringed;
Identification of the material on the Sites you believe is infringing, including a location description (e.g., a URL);
A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the information you provided is accurate;
A statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law;
A physical or electronic signature; and
Send your infringement notices to:
Copyright Agent
WE ARE REALTY Legal
2724 Abbot Kinney Blvd
Venice, CA 90291
Email: legal@wearerealty.com

If your Submission is removed or access to it is disabled and you believe in good faith that a claim has been wrongly made against you, you may submit a counter-notification to WE ARE REALTY. Your counter-notification must be in writing and sent to our Copyright Agent, whose address is above. Your counter-notification must contain the following information:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which WE ARE REALTY may be found, and that you will accept service of process from the person who notified WE ARE REALTY of the alleged infringement or an agent of such person.

It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if WE ARE REALTY is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. WE ARE REALTY will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Under appropriate circumstances, WE ARE REALTY will, in its discretion, terminate authorization of users of the Services who are repeat infringers. If you believe that a user is a repeat infringer, please follow the instructions above to contact WE ARE REALTY and provide information sufficient for us to verify that the user is a repeat infringer.

16. MLS Agreements and Disclaimers

Disclaimers: Multiple Listing Services and other Data Providers
WE ARE REALTY receives the homes for sale from many listing sources. The following disclaimers apply to listings only from that particular data source.

MLS Terms of Use

Our MLS data providers require you to acknowledge the fact that you're considering WE ARE REALTY as your Real Estate Broker and representing agent. By agreeing to consider our team, we can show you pictures, prices and other related details of homes for sale or past sales.

You have no formal or informal obligation to work with WE ARE REALTY to buy, sell or provide any other professional real estate service unless specifically agreed upon in writing at a future date. We fully respect your free will and allow you to choose to work with WE ARE REALTY and our agents or not, the choice is always yours.

You are entering into a lawful consumer-broker relationship with WE ARE REALTY as defined by applicable state law. You have no obligation to work with WE ARE REALTY and you can terminate your account with us at any time. Any information you obtain from the WE ARE REALTY website is intended for your personal, non-commercial use.

You have a bona fide interest in the purchase, sale, or lease of real estate on the WE ARE REALTY website.

You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.

You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS's copyright to such data.

WE ARE REALTY also explicitly authorizes MLS employees, MLS members, or their duly authorized representatives to access the WE ARE REALTY website for the purposes of verifying compliance with MLS rules and monitoring the display of Participants' listings on the WE ARE REALTY site.

In addition to the above terms, registered users also agree to the WE ARE REALTY Terms of Use and Privacy Policy, which apply to all users of the WE ARE REALTY website.

MLS Disclaimers

Information from sources deemed reliable but not guaranteed. Please consult a license real estate professional in your area for additional information

TheMLS & CARETS

WE ARE REALTY has a license partnership with the California Regional Multiple Listing Service, Inc. along with TheMLS.com which is also known as CLAW. Our partnership allows us to display property listing to prospective clients that are registered with our site. Listing information is for your personal, non-commercial use and may not be used for any purpose other than to identify prospective properties you may be interested in purchasing. Display of MLS data is usually deemed reliable but is NOT guaranteed accurate by the MLS. Buyers are responsible for verifying the accuracy of all information and should investigate the data themselves or retain appropriate professionals. Information from sources other than the Listing Agent may have been included in the MLS data. Unless otherwise specified in writing, Broker/Agent has not and will not verify any information obtained from other sources. The Broker/Agent providing the information contained herein may or may not have been the Listing and/or Selling Agent.

Last updated: March 17, 2018

Partner Terms of Use

1. Partner Registration

WE ARE REALTY Inc. offers services for real estate professionals and businesses through our partner platform. This leading customer relationship management (CRM) platform has transformed sales and marketing. We allow professionals to create a partner account with WE ARE REALTY Inc. for free.

This is required by our licenses with various MLS boards. By registering for a WE ARE REALTY Inc. account you are agreeing to these Terms of Use as well as the MLS Terms of Use. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your WE ARE REALTY Inc. profile information accurate. You agree to keep your password and other information within your account confidential. You may be the only one to use your account and not use another user's account. WE ARE REALTY Inc. reserves the right to terminate accounts at its discretion.

A. Partner Trials

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). WE ARE REALTY Inc. reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of the trial period, we may automatically start to charge you for the applicable paid subscription immediately after the trial period ends on a recurring monthly basis or as otherwise specified. By agreeing to the terms of service and providing payment details, you agree to the applicable charges using such payment details provided. If you do not wish to incur this charge, you must cancel the applicable subscription before the end of the trial period through your WE ARE REALTY Inc. account’s Billing page or terminate your WE ARE REALTY Inc. account before the end of the trial.

If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable paid subscription through your WE ARE REALTY Inc. account’s Subscription page or terminate your WE ARE REALTY Inc. account before the end of the recurring monthly period. Paid subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, WE ARE REALTY Inc. will not refund any fees that you have already paid. The limitation section sets forth additional terms regarding cancellation of your paid subscription.

B. Billing Information

WE ARE REALTY Inc. requires that you provide all information requested for the purposes of billing, identification, and communications. Without limitation, you must provide your full legal name, address, telephone number(s), email address, and applicable payment data (e.g., verified bank account details or a credit or debit card number and expiration date). Further, you must promptly provide Company with all updates necessary to keep such information accurate, current, and complete. The privacy policy at http://www.wearerealty.com/privacy (the “Privacy Statement”) governs Company’s collection and use of your personal information.

C. Automatic Renewal

Unless you cancel your subscription, you authorize WE ARE REALTY Inc. to automatically renew your subscription at the end of each billing period and charge the applicable subscription fees to your provided payment method. You may cancel the automatic renewal of your subscription at any time by visiting your WE ARE REALTY Inc. account’s Subscription page.

D. Recurring Fees

Your subscription to WE ARE REALTY Inc. services may include recurring fees. These fees will be billed automatically to your payment method at the start of the billing period and at regular intervals thereafter unless you cancel your subscription. You agree to pay all applicable fees associated with your subscription. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. WE ARE REALTY Inc. reserves the right to modify the subscription fees upon notice.

E. Referrals

WE ARE REALTY Inc. may offer a referral program, allowing you to earn rewards by referring new users to our services. Specific terms and conditions of the referral program will be provided at the time of your participation. WE ARE REALTY Inc. reserves the right to modify or terminate the referral program at any time without prior notice.

2. Agent Registration

To access and utilize WE ARE REALTY Inc.'s comprehensive suite of services tailored for real estate professionals, you are required to register for a WE ARE REALTY Inc. account. This registration process is essential for accessing tools and resources that will enhance your ability to manage listings, interact with clients, and optimize your real estate operations efficiently. By registering, you agree to abide by our Terms of Use and any additional terms specific to our services, ensuring compliance with legal requirements and ethical standards in real estate transactions. Your WE ARE REALTY Inc. account serves as your gateway to a robust platform designed to streamline your workflow and elevate your business capabilities in the competitive real estate market.

2.1 Legal Compliance

Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third-party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors, or employees. In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.

2.2 Indemnification

You agree to defend, indemnify, and hold harmless WE ARE REALTY Inc., WE ARE REALTY Inc., its advertisers, licensors, subsidiaries, and other affiliated companies, and their employees, contractors, officers, agents, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with WE ARE REALTY Inc. in asserting any available defenses.

2.3 Payment

Payment is accepted by Visa, MasterCard, American Express, Discover, and by ACH bank transfer. All sales are final. No refunds.

3. Termination

WE ARE REALTY Inc. reserves the right to terminate your account or access to our services at any time, without notice, for conduct that we believe violates these Terms of Use or is harmful to other users of the services, us, or third parties, or for any other reason at our sole discretion.

4. Changes to Terms

WE ARE REALTY Inc. may modify these Terms of Use at any time. Any changes will be posted on this page and we will notify you of any material changes via email or through a notice on our website. Your continued use of our services after the changes are posted constitutes your acceptance of the new Terms of Use.

5. Contact Us

If you have any questions about these Terms of Use, please contact us at:

WE ARE REALTY Inc.
4007 Riverview Blvd
Bradenton, FL 34209