This Agreement describes the terms and conditions (“Terms”) by which you may access and use the services provided on gcaar.com and other GCAAR social media platforms and apps (“Sites”). Please read this Agreement carefully as your use of the Sites constitutes your binding acceptance of these Terms, including any modifications GCAAR may make. Please review the linked Privacy Policy which also governs your use and interaction with the Sites. In consideration of GCAAR granting you access to the Sites, you hereby agree as follows:

1. GCAAR reserves the right at its sole discretion to change, modify, add or remove portions of these Terms at any time without notice or liability, and such modification shall become effective upon posting on the Sites. Your use of the Sites following any such modification shall be conclusively deemed to be your acceptance of such modification.

2. The information provided on the Sites is for educational and informational purposes only. The information should not be construed as a recommendation by GCAAR  for any course of action about financial, legal or accounting matters. It is not meant as a substitute for professional advice from a qualified legal, accounting or financial professional.

3. GCAAR does not represent, warrant, or endorse the accuracy or reliability of any information displayed, uploaded, downloaded, or distributed through the Sites. GCAAR disclaims liability for any damages or losses, direct or indirect, that may result from use of or reliance on information contained on the Sites.

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

5. The Sites contain a combination of content that GCAAR creates and content that its partners create.

a. All materials published on the Sites, 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 GCAAR 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.

b. You 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 allowed by this Agreement. You 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 GCAAR must identify the party who provided that Content.

d. By posting material to the Sites, you warrant and represent that you either own or otherwise control all of the rights to that material, including without limitation, all the rights necessary for you to provide, post, upload, input, or submit the material, or that your use of the material is a fair use under applicable copyright laws. You agree that you will not knowingly and with intent to defraud, provide material and misleading false information. You represent and warrant also that the material you supply does not violate these Terms, and that you will indemnify and hold GCAAR , its subsidiaries, affiliates, officers, employees, and agents, harmless for any and all claims resulting from material you supply.

e. By GCAAR publishing your material to the Sites, you grant GCAAR , its subsidiaries, affiliates, partners and third party licensees a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate your material with other content, create derivative works of and publicly perform that content for any purpose on and through each of the services provided by the Sites. This license shall apply to the distribution and storage of your content in any form, medium, or technology now known or after developed.

6. The Sites may contain links to other Internet websites run by third parties. These links are provided as a convenience to access the information contained there. GCAAR 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 websites. You should direct any concerns about any external link to the external website’s administrator.

7. Your dealings with advertisers and third party vendors found on or through the Sites, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. GCAAR does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and you agree that GCAAR will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information, or other materials available, or through such third parties. You acknowledge that such third party sites have their own terms and conditions, including privacy policies, over which GCAAR has no control, and which will govern your rights and obligations with respect to the use of those sites.

8. SITES PROVIDED BY GCAAR ARE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY THAT THE SITES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. GCAAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THESE SITES, OR THAT ACCESS TO OR USE OF THESE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THESE SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SITES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GCAAR 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. YOU AGREE THAT GCAAR IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

9. As part of the registration process to use the Members Only portions of some GCAAR  Sites, you will select a username and password. You may change your password at any time following the procedure on the Sites. You agree you are solely responsible for the security of your password. You agree to provide GCAAR with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your access to the Sites.

10. GCAAR  reserves the right, but not the obligation, to send email to any and all users of the Sites for the purpose of informing users of changes or additions to the Sites or any related services or products.

11. GCAAR  may at any time, in its sole discretion, terminate, limit, or suspend your access to the Sites, without notice or liability, for any reason whatsoever, including without limitation your breach of this Agreement, the termination of your membership in GCAAR , or repeated infringement of third-party rights, including copyright.

12. This Agreement, its Terms, and use of the Sites are governed by and will be interpreted under the laws of the State of Maryland, without reference to conflicts of laws and without regard to the location of execution or performance of this Agreement. You hereby agree that any and all disputes which may arise and any litigation that may arise from such disputes will be litigated before a court located in Montgomery County, Maryland, to the exclusion of the courts of any other country, state or county.

13. If you believe that your intellectual property rights have been violated by GCAAR or by a third party who has uploaded Content to any of our Sites, please provide GCAAR with the following information:

a. A description of the copyrighted work or other intellectual property that you claim has been infringed;

b. A description of where the material that you claim is infringing is found on the Sites;

c. An address, a telephone number, and an e-mail address where GCAAR can contact you and, if different, an e-mail address where the alleged infringing party, if not GCAAR , can contact you;

d. A statement that you have 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 you under penalty of perjury that the information in your notice is correct and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;

f. Your electronic or physical signature.

GCAAR may request additional information before removing any infringing material. GCAAR may provide the alleged infringing party with your e-mail address so that person or entity may respond to your allegations.

GCAAR reserves the right to terminate, limit or suspend any user’s access to the Sites in case of repeated infringing activity. If you believe that a user of the Sites is a repeat infringer, please follow the above instructions to notify GCAAR. Please include sufficient information to help GCAAR  in deciding whether the user has engaged in such infringing activity repeatedly.

If you believe your copyright material is being used on the Sites without permission, please notify GCAAR at:

Kathleen Dartez
Greater Capital Area Association of REALTORS®
15201 Diamondback Drive #100
Rockville, MD 20850
301.590.2000