The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the NWHomeTour website is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user ("User") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and NWHomeTour, LLC ("NWHomeTour" or the "Company"). You also agree to the NWHomeTour Listing Policy & Guidelines (the "Listing Policies") and Privacy Policy, both of which are available by hyperlink at the top of this page.
If you do not agree to these Terms and Conditions and to the Listing Policies and Privacy Policy, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to support@nwhometour.com.
NWHomeTour may update these Terms and Conditions at any time and without notice. The latest version of the Terms and Conditions is available on the NWHomeTour website.
Click here for more information about NWHomeTour Listing Policy & Guidelines
Membership privileges are granted by NWHomeTour to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access the NWHomeTour website without express written permission from NWHomeTour. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of NWHomeTour. NWHomeTour requires that each registered User maintain a valid email address and a password, which shall be utilized for logging on to the NWHomeTour system. Members are not permitted to share their individual login information with others. NWHomeTour has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the Terms and Conditions herein, refuses to abide by the Listing Policies as posted and displayed on the NWHomeTour website, or abuses their rights related to the NWHomeTour service.
NWHomeTour utilizes email as a vital and primary communication channel with Users. As a registered User, you hereby acknowledge and grant NWHomeTour permission to communicate via email (as well as other communication channel such as phone and fax) for any purposes NWHomeTour determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. NWHomeTour will use best efforts to honor User's request to opt out of marketing messages, but under no circumstances will NWHomeTour have any liability for sending any email to its registered users/Users. By becoming a member of NWHomeTour, LLC ("NWHomeTour or the "Company"), you acknowledge and agree that NWHomeTour, LLC ("NWHomeTour" or the "Company"), may record telephone and other electronic communications it has with you for NWHomeTour, LLC ("NWHomeTour" or the "Company")'s internal business purposes, including but not limited to training and quality assurance purposes.
User has had and shall have the opportunity to submit to NWHomeTour property descriptions, photographs, images, videos (which may have sound/music), graphics and financial, contact or other information (collectively, the “Submitted Content”) for each listing in NWHomeTour. You represent and warrant that (a) you own or have the full right, power and authority to grant to NWHomeTour use of and rights in and to all Submitted Content that you upload, post, email or otherwise transmit to NWHomeTour; (b) your license of such content to NWHomeTour hereunder does not, and the use or license of such content by NWHomeTour to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content. With respect to all Submitted Content you have uploaded in the past or elect to upload in the future, post, email or otherwise transmit to or via the Service, NWHomeTour acknowledges that you retain any applicable ownership rights that you may have with respect to the Submitted Content. You nonetheless grant NWHomeTour and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that NWHomeTour may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by NWHomeTour and its affiliates). User agrees not to submit any Submitted Content to NWHomeTour unless the User has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on the User's website or on NWHomeTour's website. Specifically, User will not submit a photograph if User received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the NWHomeTour website. Users may only submit videos personally created by User or User's direct employees. Users may not upload or otherwise submit videos created or produced by third party video tour providers. The Company may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Users who are alleged to have submitted property listings, Submitted Content or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any User who repeatedly or knowingly violates this Agreement. User agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the NWHomeTour website. User shall not use robot, spider or other automated service to submit listings on the NWHomeTour website. Additionally, the User agrees to allow submitted property listing(s) and Submitted Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by Users of the User's website, the NWHomeTour website and other NWHomeTour partner or affiliate websites. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the NWHomeTour website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The User (a) represents and warrants that all properties and associated information provided by the User, including Submitted Content, will be accurate; (b) agrees to administer the properties provided by the User and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted on the User's website or on the NWHomeTour website. The User is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the User. While the Company shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to NWHomeTour. NWHomeTour may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. User agrees that NWHomeTour may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings as having been supplied to the User. User accepts that this is a legitimate and lawful security precaution on the part of NWHomeTour, and accepts further that in the event that any third party has access to property listings that can be identified as having User's unique adjustments a prima facie breach of security and of these Terms of Use on the part of User may be assumed by NWHomeTour.
User agrees to treat all information obtained from the Service, including listings, “Pro” member directory, historical transaction information ("Property Comps"), and any information otherwise made available to User in the Service (individually and collectively, the "Content") as proprietary to NWHomeTour. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of NWHomeTour. NWHomeTour does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User's own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
NWHomeTour valuation reports and other similar information, reports and services (individually and collectively "NWHomeTour Reports"), the Service, and any and all Content offered by
User agrees to treat all information obtained from the Service, including listings, “Pro” member directory, historical transaction information ("Property Comps"), and any information otherwise made available to User in the Service (individually and collectively, the "Content") as proprietary to NWHomeTour. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of NWHomeTour. NWHomeTour does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User's own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
NWHomeTour valuation reports and other similar information, reports and services (individually and collectively "NWHomeTour Reports to User ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY
User agrees to treat all information obtained from the Service, including listings, “Pro” member directory, historical transaction information ("Property Comps"), and any information otherwise made available to User in the Service (individually and collectively, the "Content") as proprietary to NWHomeTour. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of NWHomeTour. NWHomeTour does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User's own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
NWHomeTour valuation reports and other similar information, reports and services (individually and collectively "NWHomeTour Reports USER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
User shall limit access to and use of active property listings, “Pro” member directory, NWHomeTour Reports, Property Facts, and Property Comps information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing service or device. User further shall not use the Service in any other manner for or in connection with any other listing service or device. User shall not use the
User agrees to treat all information obtained from the Service, including listings, “Pro” member directory, historical transaction information ("Property Comps"), and any information otherwise made available to User in the Service (individually and collectively, the "Content") as proprietary to NWHomeTour. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of NWHomeTour. NWHomeTour does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User's own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
NWHomeTour valuation reports and other similar information, reports and services (individually and collectively "NWHomeTour Reports Service as part of any effort to compete with NWHomeTour, including without limitation using the NWHomeTour Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential NWHomeTour User, nor shall User remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the NWHomeTour Service. User shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy NWHomeTour products, services or information; decompile, decode or reverse engineer NWHomeTour software; or use NWHomeTour products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
Members, registered users and Users are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. NWHomeTour is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account, login or password information.
User agrees to pay for all products ordered through the NWHomeTour website, affiliate NWHomeTour websites or third-party websites (partners, advertisers, etc) using the payment method indicated, and provides NWHomeTour express authorization to charge said fees to the User's payment provider at time of purchase. Fees owed depend on the specific type and quantity of NWHomeTour products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, NWHomeTour may immediately cease to provide any and all Deliverables to the User. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At NWHomeTour's option, User shall pay such taxes or fees directly or pay to NWHomeTour any such taxes or fees immediately upon invoicing by NWHomeTour. NWHomeTour is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. To view your billing information, visit MyNWHomeTour Account.
Flat Flee MLS refund policy: Your flat fee MLS purchase (MLS Boost, Premium MLS Boost, Realtor.com Listing) is refundable for up to 30 days after purchase if the MLS documentation has not been submitted to the flat fee broker. After 30 days or after you have submitted the MLS documentation, the purchase is non-refundable.
If you purchase either the MLS option and/or the Sign Package option and do not go into escrow for the sale of your home within 90 days, NWHomeTour will introduce you to a NWHomeTour-approved local real estate agent and refund your money upon closing with this real estate agent. The guarantee applies to homesellers that were unsuccessful in selling their home without a real estate agent. It does not apply to those homesellers that purchased the "Closing Guru" package.
NWHomeTour may offer a Money-Back Guarantee for certain Purchase Options (MLS options/Yard Sign option). If User chooses to cancel their listing and apply for the Money-Back Guarantee, User must notify NWHomeTour in writing that they would like to qualify for the Money-Back Guarantee option at support@nwhometour.com. To qualify for the Money-Back Guarantee, Users must list and sell their home through an approved real estate professional within the NWHomeTour network ("Approved Agent") and send NWHomeTour documentation of the sale. NWHomeTour will assign the User an Approved Agent. The User must then list and sell their home using the Approved Agent assigned by NWHomeTour in order to qualify for the Money-Back Guarantee. When the User sells their property through the Approved Agent, the User must then send NWHomeTour a copy of the closing settlement statement or HUD-1 ("Closing Statement"). Once the Closing Statement is received, NWHomeTour will begin processing the Money-Back Guarantee refund. The Money-Back Guarantee refund will be issued in the amount of the payment received from User for the selected NWHomeTour Purchase Options. NWHomeTour will not refund in excess of the amount received from the User. NWHomeTour will only refund to Users that qualify for the Money-Back Guarantee. If the User decides to cancel their listing and chooses to not apply for the Money-Back Guarantee or does not qualify for the Money-Back Guarantee, then the User's payment is not refundable and is considered fully earned by NWHomeTour.
If User has a question about a cancellation, User should contact NWHomeTour Client Services at support@nwhometour.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Users of any such changes.
It is the User's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "MyNWHomeTour Account" tab, once User has logged into www.nwhometour.com. NWHomeTour does not validate all credit card information required by the User's payment provider to secure payment.
The User must notify NWHomeTour about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to NWHomeTour's attention within 90 days, User agrees to waive their right to dispute such problems or discrepancies.
NWHomeTour prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Users may not use the Email Contact Agent, Contact Seller, Email a Friend, Pro Tools, or other email services that NWHomeTour offers to send spam or otherwise send content that would violate these Terms and Conditions. By using Pro Tools, User agrees to send email only to those who have given User consent or with whom User has an established business relationship. NWHomeTour has the right to revoke the privileges of any User or company that breaches these terms.
NWHomeTour reserves the right to terminate or suspend a User's membership at any time for violations of this Agreement or upon a good faith determination of a violation of this Agreement. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of NWHomeTour services, nonpayment of fees owed by you in connection with NWHomeTour services, account inactivity or technical or security issues. Upon termination, NWHomeTour shall have no obligation to maintain or forward any content in your account. If User has a separate, written agreement with NWHomeTour that is designated to last more than one (1) calendar year, notwithstanding anything to the contrary in these Terms and Conditions, User may, on a one-time basis for no or any cause and without payment or penalty and upon written notice to NWHomeTour, terminate such written agreement effective one year from the date NWHomeTour receives such written notice, provided that such one-time termination right shall expire on August 31, 2017 {????} or upon Licensee's exercise of its termination right under this provision.
NWHomeTour retains all rights (including Intellectual Property Rights as defined below), title and interest in the NWHomeTour website, NWHomeTour technology and brochures, Email Alert database and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. User will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of NWHomeTour's technology or delete or alter author attributes or copyright notices. User shall use the NWHomeTour system solely for their own use and shall not allow others to use the NWHomeTour system under or through that User's login ID/email and password.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
IN NO EVENT SHALL NWHomeTour BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE USER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF NWHomeTour'S SERVICES, PRIVATE LISTING FUNCTIONALITY OR USER'S FAILURE TO KEEP USER'S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. User's exclusive remedy, and NWHomeTour's entire liability under this Agreement shall be a refund to User of the fees paid to NWHomeTour hereunder, and in no event will NWHomeTour's liability for any reason exceed such fee. NWHomeTour (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from User's use of the Deliverables, and User shall indemnify NWHomeTour (and NWHomeTour's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than User arising from User's use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND NWHomeTour REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NWHOMETOUR MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATION, OR NWHomeTour REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND NWHomeTour SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. NWHomeTour MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO NWHomeTour's SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM FNWHomeTour'd WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND NWHOMETOUR REPORTS IS ACCESSED AT USER'S OWN DISCRETION AND RISK, AND USER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO USER'S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NWHOMETOUR OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
The maps and directions information provided by NWHomeTour have been obtained from sources believed reliable, including Microsoft Virtual Earth. Microsoft Virtual Earth is supplied by Microsoft Corporation, and its use is subject to Microsoft’s applicable Terms of Use. While NWHomeTour does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. User assumes all risk of use. Neither NWHomeTour nor its partners or suppliers assume any responsibility for loss, damage or delay caused by User's use of and/or reliance on of NWHomeTour's information, products or services.
This website may contain hyperlinks to other websites operated by parties other than NWHomeTour, LLC ("NWHomeTour" or the "Company") and its subsidiaries which are beyond NWHomeTour's control. Parties other than NWHomeTour may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use NWHomeTour's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the NWHomeTour site. NWHomeTour does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. NWHomeTour does not assume any liability for the actions, product, and content of all of these and any other third parties. NWHomeTour makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites. When you click on a link that leaves the NWHomeTour site, the site you will land on is not controlled by NWHomeTour and different terms of use and privacy statements may apply. NWHomeTour also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third-party sites and any links thereto.
User agrees that NWHomeTour shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the internet for unrestricted use by NWHomeTour Users and partners. NWHomeTour shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. NWHomeTour shall have no obligation to (i) resolve disputes among Users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings.NWHomeTour reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on NWHomeTour's corporate website, located at http://www.nwhometour.com.
If you believe that your work has been copied onto NWHomeTour in a way that constitutes copyright infringement, please provide NWHomeTour's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying NWHomeTour that your copyrighted material has been infringed.
Email address for NWHomeTour's copyright agent: support@nwhometour.com
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
Any User who identifies himself or herself as a broker or agent on the NWHomeTour website Member Registration form or otherwise purports to be a broker on NWHomeTour's Find a Pro service hereby represents and warrants that User is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which User is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any User whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any User who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such User is not a licensed broker. NWHomeTour does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the NWHomeTour website.
This Agreement, and the Deliverables provided by NWHomeTour, shall be governed by the laws of the State of Washington, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Orange County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Should NWHomeTour file or threaten to file a judicial action against User alleging violation of NWHomeTour's intellectual property rights or violation of use provisions of this Agreement, User may elect to resolve NWHomeTour's claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in Orange County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of NWHomeTour's filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent NWHomeTourfrom requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by User without the prior written consent of NWHomeTour, which retains the right to withhold consent in its sole discretion.
The failure of NWHomeTour to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees that the remaining terms and provisions remain in full force and effect.
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at NWHomeTour. Address is below:
NWHomeTour, LLC ("NWHomeTour" or the "Company")
16400 Southcenter Parkway, Suite 302
Seattle, WA 98188
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.