Zocale RLS’s Role. Zocale RLS, LLC (ZOCALE RLS). DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. Zocale RLS. IS NOT A LENDER OR REAL ESTATE BROKER REPRESENTING YOU OR ANOTHER USER. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Zocale RLS may serve advertisements based on the information we collect through the Services. See the Privacy Policy for more details. Zocale, RLS. has referral agreements with licensed real estate brokers and sales agents in certain states but Zocale RLS does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Zocale RLS assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.
Referrals. While you are not responsible for making referral payments to Zocale RLS, as part of the Services, Zocale RLS may be paid valuable consideration in exchange for your referral to a real estate professional (“Real Estate Referral”). You authorize Zocale RLS to make such Real Estate Referral and acknowledge Zocale RLS may be paid valuable consideration for facilitating such referral.
Eligibility; Accounts and Registration. You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with Zocale RLS permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.
Use of the Services. As long as you comply with these Terms of Use, Zocale RLS grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App (as defined in below) on your mobile device in object code form, for your personal use. If you are a real estate professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.
Mobile Applications. To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. Zocale RLS does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. Zocale RLS may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.
Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services only as necessary for your personal use or Pro Use to view, save, print, fax and/or e-mail such information.
Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO: use information provided by Zocale RLS through the Services in making any loan-related decisions; reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use; provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution; impersonate another person or misrepresent your affiliation with another person or entity; reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Zocale RLS for a particular portion of the Services; upload invalid data, viruses, worms, or other software agents to the Services; interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Zocale RLS may use to prevent or restrict access to the Services; conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services; use any of Zocale RLS's trademarks without approval, including but not limited to using them as part of your business name, screen name or email address on the Services; access or use any of the Services to develop competitive products or services; or attempt to, or permit or encourage any third party to, do any of the above.
UGC Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide to Zocale RLS images, photos, video, data, text, listings and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant Zocale RLS an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. Zocale RLS will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. Zocale RLS may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Zocale RLS and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use. Zocale RLS will not use client contact information that is uploaded by agents into the Zocale RLS Agent Hub portal for any purpose.
UGC Disclaimer. Zocale RLS is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. Zocale RLS may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in Zocale RLS’s sole judgment violate these Terms of Use or are otherwise objectionable. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Zocale RLS with respect to User Materials. Zocale RLS expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, Zocale RLS may investigate the allegation and determine in Zocale RLS’s sole discretion whether to remove the User Materials, which Zocale RLS reserves the right to do at any time and without notice. For more information on Zocale RLS’s handling of infringing content.
Generally. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under Zocale RLS’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. Zocale RLS does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that Zocale RLS may transfer the applicable User Information or other information to the applicable third parties, which are not under the control of Zocale RLS. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Zocale RLS is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
Feedback. If you choose to provide input and suggestions regarding the Services, including related to any Zocale RLS Service (“Feedback”), then you hereby grant Zocale RLS an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.
Intellectual Property. The Services are owned and operated by Zocale RLS. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services provided by Zocale RLS are protected by intellectual property and other laws and are the property of Zocale RLS or Zocale RLS’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Zocale RLS Services, and Zocale RLS reserves all rights to the Zocale RLS Services and Services not granted expressly in these Terms of Use. Zocale RLS does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and the requirements of applicable law.
If you violate any provision of these Terms of Use, your permission from Zocale RLS to use the Services will terminate automatically. In addition, Zocale RLS may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. Zocale RLS may alter, suspend or discontinue the Services or any portion of the Services without notice. Zocale RLS will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. Zocale RLS reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
Indemnification. You agree to indemnify, defend, and hold harmless Zocale RLS, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Services you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using your account and password. Zocale RLS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooporate with Zocale RLS’s defense of that claim.
DMCA; Claims of Copyright Infringement. Zocale RLS respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Zocale RLS's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information: Identification of the copyrighted work that you claim has been infringed; Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it; Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation. Notices of copyright infringement claims should be sent as follows: