Missouri Association of REALTORS®
Instructor Showcase: Terms of Service
1. Acceptance and Terms.
Missouri Association of REALTORS® (“MAR”) provides this Instructor Showcase Service (“Service”) to you subject to the following Terms of Service (“TOS”) which may be updated by MAR from time to time without further notice. The most current version of the TOS at any time will be posted on this website.
2. Description of Service.
MAR provides this Service to allow professional speakers and educators an opportunity to disseminate their information regarding their services to MAR members. Since Service will also allow prior students or audience members of the speakers and educators to comment upon the educators/speakers. This Service is provided “as-is” and MAR assumes no responsibility for the timeliness, deletion, mis-delivery or failure of any posting on this site.
3. User Obligations.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or applicable jurisdiction. You also agree to: (a) provide true, accurate current and complete information regarding yourself as requested by the services registration or sign in form, and (b) to maintain and promptly update any such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or MAR has reasons to suspect that such information is untrue, inaccurate, and not current or complete, MAR has the right to suspend or terminate your access to the Service and to refuse any and all current or future use of the Service.
4. Privacy Policy.
The registration information you provide to MAR for this site is subject to our privacy policy. We do not list any information regarding you which is not specifically requested by you for listing on this site. Comments about instructors, educators or speakers listed on this site are not listed with the name of the commentator and such information is protected subject to any requirements to comply with requests of regulatory or law enforcement agencies as discussed further in this TOS.
5. User Conduct.
You understand that all information, data, text, photographs, graphics, video, messages, and other materials, (“Content”) when publicly posted are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you post, transmit or otherwise make available via the Service. MAR does not control the Content posted via the Service, except to as screening discussed later herein, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this Service you may be exposed to Content with which you do not agree. Under no circumstances will MAR be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or any loss or damages of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.
You agree not to use Service to “(a) transmit, post or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (c) transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (d) post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or any proprietary right of any party; (e) post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interpret, destroy or limit the functionality of any computer software or hardware; (f) interfere with or disrupt the Service or servers or networks connected to the Service or disobey any requirements, procedures, policy or regulations of the Service; (g) intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law; (h) provide materials, support or resources, or conceal or disguise the nature, source or ownership of materials supported or resources to any organization designated by the United States government as a foreign terrorist organization; (i) collect or store personal data about other users in connection with the prohibited conduct and activities set forth the paragraphs above.
You acknowledge that MAR may pre-screen Content and that the MAR and its designees shall have the right, but not the obligation, in their sole discretion to pre-screen, refuse or remove any Content that is available via the Service. Without limiting the foregoing, MAR and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely upon any Content submitted to MAR within the Service.
You acknowledge, consent and agree that MAR may access, preserve or disclose your information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonable necessary to (a) comply with legal process; (b) enforce the TOS; (c) respond to claims the Content violates the rights of third parties; (d) respond to your request for Service; or (e) protect the rights, property or personal safety of MAR, and the public. Any unauthorized reproduction, publication, further distribution or public dissemination of the materials provided on the Service, in whole or in part, is strictly prohibited.
6. Use and Storage of Data.
When you enter into the website you acknowledge that in using the MAR website you will be causing data transmissions which maybe interstate. Your agreement to this TOS constitutes you consent to allow MAR to store these communications on its servers. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices regarding the use of this website.
7. Contents Submitted for Inclusion on the Service.
MAR does not claim ownership of the Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available on publicly accessible areas of the Service, you grant MAR the following worldwide, royalty-free and nonexclusive license as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adopt and publicly display such Content on the Service solely for the purposes of providing and promoting the Service for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at any time you remove such Content from the Service.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on the publicly assessable areas of the Service, the license to use, distribute, adapt and publicly display such Content on the Service, solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at any time you remove such Content from the Service.
8. Contributions to the MAR Web site.
By submitting commentary, suggestions, documents or other suggestions to MAR through its website, you acknowledge and agree that:
a. Your contributions do not contain confidential or propriety information;
b. MAR is not under any obligation to confidentiality, expressed or implied, with respect to the contributions.
c. MAR shall be entitled to use or disclose such contributions.
d. Your contributions automatically become the property of MAR without any obligation of MAR to you.
e. You are not entitled to any compensation or reimbursement of any kind from MAR under any circumstances.
9. Indemnity.
You agree to indemnity and hold MAR and its subsidiaries, affiliates, officers, agents, employees and licensors harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise make available through the Service, your use of the Service, you connection to the Service, your violation of the TOS or your violation of any rights of another.
10. No Additional Use of the Service.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service or access to the Service.
11. You agree that MAR, may, without prior notice, immediately terminate your access to the Service for reasons which include, but are not limited to: (a) breaches or violations of the TOS; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or modification of the Service; (e) unexpected technical or security issues or problems. Further you agree that all terminations under this provision shall be made in MAR’s sole discretion and that MAR shall not be liable to you or any third party for any such termination of access to the Service.
12. MAR’s Propriety Rights.
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain propriety and confidential information and is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content contained in the Service is protected by copyrights, trademarks, service marks, patents or other propriety rights and laws. Except as expressed and permitted by applicable law or authorized by MAR or participants in the website service, you agree not to modify, sell, distribute or create works based upon the Service or the software in whole or in part.
13. Disclaimer of Warranties and Limitation of Liability.
You expressly understand and agree that:
a. Your use of the Service is at your sole risk. The Service is provided on an “as-is” and “as available” basis. MAR and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. MAR and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from MAR or through or from the Service shall create any warranty not expressly stated in the TOS.
e. You expressly understand and agree that MAR and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MAR has been advised of the possibility of such damages), resulting from (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transaction entered into through or from the Service; (iii) unauthorized access to or alternation of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
14. Trademark Information.
The Missouri Association of REALTORS® is a service name and trademark of Missouri Association of REALTORS®. You agree not to display or use in any manner the Missouri Association of REALTORS® marks without permission.
15. This TOS constitutes the entire agreement between you and MAR and governs your use of the Service. The TOS and the relationship between you and MAR shall be governed by the laws of the State of Missouri. Failure of MAR to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
MISSOURI ASSOCIATION OF REALTORS®
2601 Bernadette Place
PO Box 1327
Columbia, MO 65205
(573) 445.8400
