(adopted BOD April, 2015)
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.
- 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 logos of the NEW MEXICO ASSOCIATION OF REALTORS® are property of the NEW MEXICO ASSOCIATION OF REALTORS® and all rights in the logo is reserved. Members of the NEW MEXICO ASSOCIATION OF REALTORS® must request and receive written approval from the NEW MEXICO ASSOCIATION OF REALTORS® to use the logo(s) in any form.
- The information provided on the Site is for educational and informational purposes only. The information should not be construed as a recommendation by the NEW MEXICO ASSOCIATION OF REALTORS® 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.
- The NEW MEXICO ASSOCIATION OF REALTORS® 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. The NEW MEXICO ASSOCIATION OF REALTORS® disclaims liability for any damages or losses, direct or indirect, that may result from use of or reliance on information contained on the Site.
- The NEW MEXICO ASSOCIATION OF REALTORS® 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.
- The Site contains a combination of content created by the NEW MEXICO ASSOCIATION OF REALTORS®, NEW MEXICO ASSOCIATION OF REALTORS®’s partners and NEW MEXICO ASSOCIATION OF REALTORS®’s 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 the NEW MEXICO ASSOCIATION OF REALTORS® 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.
- Reprinting Content from the Site shall be subject to the Reprint Policy.
- 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.
- All Content provided by any party other than the NEW MEXICO ASSOCIATION OF REALTORS® must identify the party who provided that Content.
- 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. The NEW MEXICO ASSOCIATION OF REALTORS® 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.
- 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. The NEW MEXICO ASSOCIATION OF REALTORS® 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 the NEW MEXICO ASSOCIATION OF REALTORS® 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 the NEW MEXICO ASSOCIATION OF REALTORS® has no control and which will govern the user’s rights and obligations with respect to the use of those sites.
- This site is provided by the NEW MEXICO ASSOCIATION OF REALTORS® on an “as is” and “as available” basis and without any warranty that the site will meet any particular criteria of performance or quality. The NEW MEXICO ASSOCIATION OF REALTORS® 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, the NEW MEXICO ASSOCIATION OF REALTORS® 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. The NEW MEXICO ASSOCIATION OF REALTORS® 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.
- 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 the member records of the NEW MEXICO ASSOCIATION OF REALTORS®. 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 the NEW MEXICO ASSOCIATION OF REALTORS®’s Professional Standards Committee following a hearing on the matter.
- The NEW MEXICO ASSOCIATION OF REALTORS® 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 the NEW MEXICO ASSOCIATION OF REALTORS® constitutes consent to receive such electronic mail unless the member has opted-out as provided in the Operating and Fiscal Policy I.10 of the NEW MEXICO ASSOCIATION OF REALTORS®.
- The NEW MEXICO ASSOCIATION OF REALTORS® 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 the NEW MEXICO ASSOCIATION OF REALTORS®.
- 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.
- A user who believes that his/her intellectual property rights have been violated by the NEW MEXICO ASSOCIATION OF REALTORS® or by a third party who has uploaded Content on the Site (“Claimant”), should provide the following information to the NEW MEXICO ASSOCIATION OF REALTORS®’s designated copyright agent listed below:
- A description of the copyrighted work or other intellectual property that is the subject of the alleged infringement;
- 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 the NEW MEXICO ASSOCIATION OF REALTORS® can contact the Claimant and, if different, an e-mail address where the alleged infringing party, if not the NEW MEXICO ASSOCIATION OF REALTORS®, can contact the Claimant;
- 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;
- 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;
- The Claimant’s electronic or physical signature.
The NEW MEXICO ASSOCIATION OF REALTORS® may request additional information before removing any infringing material. The NEW MEXICO ASSOCIATION OF REALTORS® may provide the alleged infringing party (if not the NEW MEXICO ASSOCIATION OF REALTORS®) with the e-mail address of the Claimant, so that the alleged infringing party may respond to the allegations.
The NEW MEXICO ASSOCIATION OF REALTORS®’s designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c):
- Steven Anaya, CEO,
New Mexico Association of REALTORS®
2201 Brothers Road
Santa Fe, NM 87505