1. ACCEPTANCE OF TERMS
Welcome to nsbar.org (the “Site”), a web site provided to you (“you”) by North Shore - Barrington Association of REALTORS® (“NSBAR”).
The Terms and Conditions of Service include any posted guidelines or rules applicable to particular Services (as defined below) and, as updated by NSBAR from time to time, are collectively referred to as the “Terms and Conditions” and govern your use of the Site and Services. You should carefully read the Terms and Conditions before using our Site or the Services. By using our Site or the Services, you agree to be bound by the Terms and Conditions and are indicating that you are at least eighteen years old and have the legal authority to accept the Terms and Conditions. This is a legally binding agreement. If you do not agree with the Terms and Conditions, you should not use the Site or the Services.
On the Site, NSBAR provides information regarding the services that it offers to members of NSBAR and to the general public, namely education, information and technology. NSBAR’s education programs include continuing education courses to help real estate agents satisfy their continuing education requirements and professional education courses, such as computer training or topics such as agency law or fair housing. NSBAR also provides a dispute resolution process to resolve disputes between buyers and sellers or among real estate agents or to determine whether an agent has violated his or her ethical requirements.
On the Site, NSBAR offers a variety of forms to assist the real estate professional, such as agency forms, lead paint disclosures, seller disclosure forms and fair housing notices. On the Site, NSBAR also provides a “library” that contains information on numerous topics. For instance, the “library” includes documents that describe the benefits of membership. The “library” also contains numerous contracts, forms and riders; general information regarding buying and selling homes; information about licensing, real estate practices and association governance and professional standards; community information and statistics; legal information; and information regarding the Multiple Listing Service (“MLS”).
The Site also contains information regarding NSBAR’s technology offerings such as technical updates, technical classes and materials, information on how to coordinate your Personal Digital Assistant with the MLS, wireless and cellular telephone information, information regarding computer specifications and information on domain names and web sites.
The Site also contains a search feature for you to search both the Site and the World Wide Web. Finally, NSBAR provides on the Site a “Member Only” page for its members to access daily news updates, and special contracts and forms and a directory of members on the Site.
Collectively, the provision of the information, products and services on or through the Site, as may be changed or amended from time to time, is referred to in these Terms and Conditions as the “Services”.
3. USE OF SERVICES
To use the Site and Services you will need access to the World Wide Web, and you must pay any fees associated with your use of such access. You will also need equipment and a modem or another access device. NSBAR may use SSL technology on some Site pages to help protect information that passes over the Internet. You must have certain browser capability to take advantage of this encryption technology.
4. REGISTRATION REQUIREMENTS
To register for certain education courses, NSBAR requires you to provide your name; organization name, if applicable; phone and fax number; email address; and, if applicable, your office and/or agent identification number. NSBAR will then contact you to make arrangements for payment. To access the “Members Only” page, you must have a member number and password that consists of your office phone number. NSBAR may also offer other password-protected features on the Site from time to time. You agree that you will be responsible for maintaining your member number and/or password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your member number and/or password. You agree to immediately notify NSBAR by one of the methods listed below in the event that (i) your member number and/or password is lost or stolen, or (ii) you become aware of any unauthorized use of your member number and/or password or of any other breach of security that might affect the Services. NSBAR is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
North Shore - Barrington Association of REALTORS®
450 Skokie Blvd, Bld 1200
Northbrook, IL 60062
5. DISCLAIMER OF WARRANTIES
The information and descriptions of the Services provided are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and services offered by NSBAR. You understand that NSBAR is not rendering legal, accounting or any other professional advice or opinions on specific facts or matters and, accordingly, does not assume any responsibility whatsoever in connection with your use of or reliance on the Services.
THE INFORMATION ON THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE SITE ARE YOUR SOLE RESPONSIBILITY.
THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NSBAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES, WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NSBAR MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
6. EXCLUSIONS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NSBAR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF NSBAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR SERVICES, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, (iv) YOUR RELIANCE ON ANY OF THE SERVICES; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER, OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR SERVICES.
7. NO RESALE OF SERVICES
You agree to use the Services to accommodate your own needs and the needs of your customers. Except for using the Services to provide real estate services to your customers, you may not use or exploit any portion of the Site or Services to provide any commercial services to third parties.
8. INTELLECTUAL PROPERTY
The Site contains certain content and information, including text and images (“Content”). The Content of the Services is owned by NSBAR and/or third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of NSBAR or the appropriate owner of the Content, except that, subject to your compliance with the Terms and Conditions, NSBAR authorizes you to view or download a single copy of the Content provided that you keep intact all copyright, trademark, and other proprietary notices. Modification of Content or use of Content for any other purpose is a violation of the rights of NSBAR or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of NSBAR or third parties.
REALTOR® is a registered trademark of the National Association of Realtors and is used with permission. The “nsbar.org” logo is a trademark of NSBAR. Other trademarks are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of NSBAR or the owner of such mark.
The Services may include links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by NSBAR with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and NSBAR is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. NSBAR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.
You agree to hold harmless and indemnify NSBAR and its affiliates, and each of its officers, directors, and employees from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys’ fees, costs and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation (a) any unlawful use of the Site, and (b) any use of the Site or Services that violates the Terms and Conditions.
11. JURISDICTION AND VENUE
You and NSBAR agree that this Agreement and the relationship between you and NSBAR will be governed by the laws of the State of Illinois, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and NSBAR will rest exclusively in the courts of Cook County and the federal court for the District Court of the Northern District of Illinois.
12. NOTICE OF CHANGES
NSBAR may change the Terms and Conditions from time-to-time. If such a change is made, NSBAR will post the revised Terms and Conditions on the Site. NSBAR reserves the right to add to or change the Services offered or to cease offering any or all of the Services at any time. You understand and agree that NSBAR may from time to time establish and revise practices and limitations concerning your use of the Site and Services. NSBAR may add to, change, delete or terminate your use of the Services at any time for any reason without notice to you. NSBAR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. NSBAR reserves the right to refuse to offer Services to anyone at any time without notice.
The Terms and Conditions constitute the entire agreement between you and NSBAR and govern your use of the Site and Services. There is no agency, partnership, joint venture or employee-employer relationship between you and NSBAR. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site or Services. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of NSBAR to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site, Services or the Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of the Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.