2. LICENSE AND USE RESTRICTIONS
2.4 It is your sole responsibility to ensure your use of the Licensed Materials complies with all federal, state, and local laws and regulations.
2.5 You agree to keep confidential the log-in password(s) associated with accessing the Site. You are solely responsible for maintaining the security of your username and password. If you believe your username or password is being misused, you agree to contact RPR at email@example.com.
2.6 No portion of the Site may be reproduced, duplicated or copied without the express written consent of RPR. You may not reverse engineer or decompile any of the software or algorithms available on the Site. This license does not include the right to grant access, directly or indirectly, to any third party.
2.7 Systematic retrieval of information from the Site is expressly prohibited. RPR reserves the right to implement limitations on the amount of information that can be provided to you.
2.8 The Licensed Materials will not be used for any purpose covered by the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) (“FCRA”), Federal Trade Commission interpretations of the FCRA, or similar state statutes.
2.9 The license in Section 2.1 includes the “Mailing Labels” functionality offered by RPR, through which you may export property information to create mailing labels for lead generation and marketing purposes. You may only export property information for up to 2,000 properties per month. It is your sole responsibility to ensure compliance with the necessary federal, state, and local laws and regulations.
3.1 RPR warrants that the Licensed Materials will be as current and complete as may be reasonably achieved using the source data licensed by RPR in the ordinary course of its business. You understand and agree that: (a) your use of the Site is at your own risk; (b) availability, completeness and format of data elements varies from county to county; and (c) the presence of specific data content does not necessarily ensure completeness or accuracy of such data. You may notify RPR of purported errors in the Licensed Materials, and, in response, RPR will research such matter(s) and, if possible, correct the Licensed Materials.
3.2 Any home valuation provided via the Site has not been prepared, evaluated, or reviewed by a licensed, professional appraiser. The valuations are generated by use of proprietary computer software that assembles publicly available property records and certain proprietary data to arrive at an approximate estimate of home valuation and they should not be relied upon as an appraisal report of the market value of the subject property prepared by a licensed professional appraiser.
3.3 EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE LICENSED MATERIALS AND THE MEDIUM ON WHICH THEY ARE PROVIDED TO YOU ARE PROVIDED ON AN “AS IS”, AS AVAILABLE BASIS, AND RPR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS AND THE MEDIUM ON WHICH THEY ARE PROVIDED TO YOU, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RPR OR ANY OF ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTIES TO YOU PROVIDED HEREIN.
4. LIMITATIONS OF LIABILITY/INDEMNIFICATION
5. INTELLECTUAL PROPERTY
5.1 RPR is a trademark of Realtors Property Resource®, LLC. RPR owns all right and title, including any applicable copyright, to the arrangement of the content on the Site.
5.3 RPR permits you to use its name, logo, links, and brand only in conjunction with the products and services that are provided to you as an authorized user of RPR. You may not alter or remove these marks from any Licensed Materials.
5.4 RPR has agreements with third party licensors that may require the display of the licensors’ brand marks or copyright notices on certain content. You may not alter or remove these marks from any Licensed Materials.
6. PRIVACY AND DATA COLLECTION
7. USER GENERATED CONTENT
RPR may grant you the ability to revise information related to properties displayed on the Site (User Generated Content). By posting User Generated Content to the Site, you grant RPR, its parent, subsidiaries, affiliates, and third-party licensees a nonexclusive, perpetual, irrevocable, sub-licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate, and create derivative works of the User Generated Content for any purpose in any form, medium, or technology now known or later developed. The provisions of this Section 7 are intended to apply only to User Generated Content and not to information provided through the Multiple Listing Service in which you participate. That information is governed by a separate agreement between the Multiple Listing Service and RPR. RPR is not responsible and cannot be held liable for any User Generated Content.
9.2 The provision of Section 9.1 will not prohibit either party from instituting an action for or obtaining an equitable remedy.
12. INJUNCTIVE RELIEF
13.3 The Site is controlled by or on behalf of RPR within the United States of America and RPR makes no representation that the material and information on the Site are appropriate or available for use in other locations, and access to them from territories where such material and information is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
14. DMCA DISCLAIMER
f you contend that any aspect of the Site infringes on your copyright, pursuant to the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code 512, notice of any claimed copyright infringement should include the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
The notice should be sent to the RPR Copyright Agent:
Realtors Property Resource, LLC
The notice should be sent to the RPR Copyright Agent:
430 N. Michigan Ave.
Chicago, IL 60611
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Effective Date: April 1, 2020 • Last Reviewed on: April 1, 2020
This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
|B. Personal information categories listed in the California Customer Records statute
(Cal. Civ. Code § 1798.80(e)).
|A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.
||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
|D. Commercial information.
||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
|E. Biometric information.
||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
|F. Internet or other similar network activity.
||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
|G. Geolocation data.
||Physical location or movements.
|H. Sensory data.
||Audio, electronic, visual, thermal, olfactory, or similar information.
|I. Professional or employment-related information.
||Current or past job history or performance evaluations.
|J. Non-public education information
(per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
|Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
|K. Inferences drawn from other personal information.
||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or your login to our website (“Site”).
- Indirectly from you. For example, from observing your actions on our Site.
Use of Personal Information
We may use, or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry.
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, RPR has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category F: Internet or other similar network activity.
We disclose your personal information for a business purpose to the following categories of third parties:
- Service providers.
- Software providers.
Sales of Personal Information
In the preceding twelve (12) months, RPR has not sold personal information. We do not, and will not, without prior notice to you, sell your personal information to any third party.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we disclosed your personal information for a business purpose, a list of disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and