REALTORS® Association of NM - The Voice for Real Estate in New Mexico

Terms of Use

Terms of Use

This Agreement describes the terms and conditions (“Terms” pursuant to which users may access and use the services provided on nmrealtor.com (“the Site”). The following policy shall be included on the Site, along with the following introduction.

“This Agreement describes the terms and conditions (“Terms”) pursuant to which users may access and use the services provided on nmrelator.com (“the Site”). Please read this Agreement carefully as your use of the Site constitutes your binding acceptance of these Terms, including any modifications we may make. Please review the nmrealtor.com Privacy Policy, which also governs your use and interaction with the Site. In consideration of the REALTORS® Association of New Mexico (“RANM”) granting you access to the Site, you hereby agree as follows:”

1. RANM reserves the right at its sole discretion to change, modify, add or remove portions of the Terms of Use at any time without notice or liability, and such modification shall become effective upon posting on the Site. Use of the Site following any such modification shall be conclusively deemed to be the user’s acceptance of such modification.

2. REALTOR®, REALTORS®, REALTOR-ASSOCIATE®, the REALTOR® Block “R” logo, REALTOR.com, and REALTOR.org are trademarks, service marks, membership marks, and/or logos of the NATIONAL ASSOCIATION OF REALTORS®. All NAR trademarks, service marks, membership marks and logos appearing on nmrealtor.com are the property of NAR and all rights in those trademarks, service marks, membership marks and logos are reserved. Members of NAR using any of the membership marks are bound by and should refer to the rules and regulations governing use of those marks to assure proper usage. All RANM logos are property of RANM and all rights in the logo is reserved. Members of RANM must request and receive written approval from RANM to use the RANM logo in any form.

3. The information provided on the Site is for educational and informational purposes only. The information should not be construed as a recommendation by RANM for any course of action regarding financial, legal or accounting matters; it is not meant as a substitute for professional advice from a qualified legal, accounting or financial professional.

4. RANM does not represent, warrant or endorse the accuracy or reliability of any information displayed, uploaded, downloaded or distributed through the Site by any user, or any other person or entity. RANM disclaims liability for any damages or losses, direct or indirect, that may result from use of or reliance on information contained on the Site.

5. RANM may change, suspend or discontinue any aspect of the services provided at the Site at any time without notice or liability, including the availability of any feature, blog, database or content.

6. The Site contains a combination of content created by RANM, RANM partners and RANM users. All materials published on the Site including but not limited to text, images, video, graphics and multimedia files (“Content”) are protected by all applicable copyright and trademark laws and owned by RANM or the party credited as the provider of the Content. All rights in the Content are expressly reserved by the applicable copyright and trademark owner.

a. Reprinting Content from the Site shall be subject to the Reprint Policy.

b. Users may not sublicense, transfer or otherwise make any Content available to any third party for commercial purposes or financial gain or use the Content in any other media or in any other location other than as permitted in this section. Users may not upload Content that contains

advertising or promotion for a particular real estate listing or for real estate services, including brokerage, lending, title insurance, property or casualty insurance, property management, building developing or consulting.

c. All Content provided by any party other than RANM must identify the party who provided that Content.

7. The Site may contain links to other Internet sites operated by third parties. These links are provided as a convenience to access the information contained therein. RANM does not endorse or approve, is not a sponsor, partner, promoter or publisher of such sites or their content, and expressly disclaims any responsibility or liability for the content of any other site. Any concerns regarding any external link to the site shall be directed to the administrator or Webmaster of such other site.

8. Dealings with advertisers and third-party vendors found on or through the nmrealtor.com, including participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between the user and the third party. RANM does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and users agree that RANM will have no liability for any loss or damage of any kind incurred as a result of any activities undertake by the user in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on the Site. Such third-party sites generally have their own terms and conditions, including privacy policies, over which RANM has no control and which will govern the user’s rights and obligations with respect to the use of those sites.

9. This site is provided by RANM on an “as is” and “as available” basis and without any warranty that the site will meet any particular criteria of performance or quality. RANM makes no representations or warranties of any kind, express or implied, as to the usability, condition or operation of this site, or that access to or use of nmrealtor.com will be uninterrupted or error-free, or as to the information, content or materials included on this site. You expressly agree that your use of this site is at your sole risk.

To the fullest extent permitted by applicable law, RANM disclaims all warranties, express and implied, including, but not limited to implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, comparability, security and accuracy. RANM is not liable for any damages of any kind arising from the use of the Site, including, but not limited to direct, indirect, incidental, consequential and punitive damages.

10. To use the Members Only portion of the Site, members will be required to “log-in”. At initial log- in, members will be required to enter their user name, which will be their NRDS number and their password, which will be their last name as found in RANM member records. Only members in good standing will be granted access to the Members Only portion of the Site. A member may change their user name or password; however, members are responsible for maintaining the security of the Site and not sharing log-on information with others. Sharing of log-on information may result in a violation of membership duties and access to the Site may be terminated as determined by a RANM’s Professional Standards Committee following a hearing on the matter.

11. RANM reserves the right, but not the obligation, to send electronic mail to any and all users of the Site for the purpose of informing them of changes or additions to the Site or any related services or products. Membership in RANM constitutes consent to receive such electronic mail unless the member has opted-out as provided in RANM Operating and Fiscal Policy I.10.

12. RANM may at any time, in its sole discretion, terminate, limit or suspend access to nmrealtor.com, without notice or liability, for any reason whatsoever, including without limitation any breach of this Agreement or the termination of membership in RANM.

13. This Agreement, its Terms, and use of the Site are governed by and will be interpreted under the laws of the State of New Mexico, United States of America, without reference to conflicts of laws and without regard to the location of execution or performance of this agreement.

All disputes which may arise and any litigation that may arise from such disputes will be litigated before a court located in the State of New Mexico, County of Santa Fe, U.S.A., to the exclusion of the courts of any other country, state or county.

14. A user who believes that his/her intellectual property rights have been violated by RANM or by a third party who has uploaded Content on the Site (“Claimant”), should provide the following information to the RANM designated copyright agent listed below:

a. A description of the copyrighted work or other intellectual property that is the subject of the alleged infringement;
b. A description of where the material that is allegedly being infringed is located on the Site; c. An address, a telephone number, and an e-mail address where RANM can contact the Claimant and, if different, an e-mail address where the alleged infringing party, if not RANM[em1], can contact the Claimant;

d. A statement that the Claimant has a good-faith belief that the use is not authorized by the copyright or other intellectual property rights’ owner, by its agent, or by law;
e. A statement by the Claimant under penalty of perjury that the information in the notice is accurate and that the Claimant is the copyright or intellectual property owner or is authorized to act on the owner’s behalf;

f. The Claimant’s electronic or physical signature.

RANM may request additional information before removing any infringing material. RANM may provide the alleged infringing party (if not RANM) with the e-mail address of the Claimant, so that the alleged infringing party may respond to the allegations.

RANM’s designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c):

M. Steven Anaya, CEO
REALTORS® Association of New Mexico
2201 Brothers Road
Santa Fe, NM 87505
505-982-2442