TERMS OF USE

THIS IS A BINDING LEGAL CONTRACT. CAREFULLY READ THESE WEBSITE TERMS OF USE (“TERMS OF USE”) BEFORE USING THE WEBSITE HAVING THE DOMAIN NAME OF WWW.PPAR.COM (THE “WEBSITE”). BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND BE LIABLE TO THE REALTOR® Services Corp AND THE PIKES PEAK ASSOCIATION OF REALTORS® (INDIVIDUALLY AND COLLECTIVELY THE “WEBSITE OWNER”) FOR ANY NONCOMPLIANCE WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE, AND MAY NOT CREATE OR MAINTAIN A LINK TO THE WEBSITE.

LICENSE

Website Owner hereby grants to you a revocable, limited, nonexclusive license for the duration of your current viewing session to access, download and print only individual real estate listings, comprising factual information and creative content displayed on the Website (the “Listing Content”), solely for personal and non-commercial purposes, and no other purposes, and subject to the limitations set forth in these Terms of Use. This license will terminate immediately upon any noncompliance by you with any of the terms of these Terms of Use, or at any other time upon notice to you. All rights not expressly granted in these Terms of Use are reserved.

LIMITATIONS ON USE

2.1 2.1 Except as expressly provided under these Terms of Use or upon Website Owner’s express prior written consent, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, upload, post, license, frame in another website, use on any other website, create derivative works of, transfer, sell, and/or exploit for commercial use, any content, software, real estate listings, databases or other lists, products or services provided through or obtained from the Website, including by email or other electronic means, without the prior written consent of Website Owner. In addition, you may not circumvent any technological measures or features of the Website that are intended to or effectively control access to the Listing Content, or any other protected content or information included on the Website. The Website may contain robot exclusion headers. The real estate listings displayed on the Website, including the Listing Content, are updated on a real-time basis, and are proprietary or licensed to Website Owner. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without Website Owner’s express prior written consent.

2.2 You further agree that you will not: a) take any action that imposes or may impose (in Website Owner’s sole discretion) an unreasonable or disproportionately large load on Website Owner’s infrastructure; (b)copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Website without Website Owner’s express prior written consent and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (d) bypass Website Owner’s robot exclusion headers or other measures Website Owner may use to prevent or restrict access to the Website.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant to Website Owner that any information you provide on the Website will be true, accurate and complete, and will not violate any law, statute, ordinance or regulation. You warrant that you will not falsely identify yourself or impersonate or falsely represent your affiliation with any person or entity. Except with the written permission of Website Owner, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Website. Unauthorized individuals attempting to access prohibited areas of the Website may be subject to legal prosecution. You further warrant to Website Owner that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.

CHANGES TO THESE TERMS OF USE

Website Owner reserves the right, in its sole discretion, to modify, update, or otherwise revise these Terms of Use at any time. Such revisions shall be effective immediately upon posting on the Website. By using the Website or creating, maintaining, or using, if authorized by the Website Owner, a link to the Website, after Website Owner has posted any modifications, updates or revisions, you agree to be bound by such revised Terms of Use. In addition to these Terms of Use, additional terms may govern use of certain web pages within the Website or the creation, maintenance and use of a link to the Website, as such terms may be contained on the web pages of the Website. Provided that such additional terms are not contrary to these Terms of Use, by accessing and using such web pages, and creating, using, and maintaining a link to the Website), you agree to be bound by such terms.

LINKS TO OTHER WEBSITES

The Website may contain links to other websites and advertising and content of third parties (“Third Party Content”). The Third Party Content is provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that Website Owner is not responsible for, and does not endorse the Third Party Content or anything that may be delivered to you or your computer as a result of accessing any Third Party Content or using any related third party product or service, whether or not Website Owner is affiliated with the owners of such Third Party Content. Without limiting the generality of the foregoing, Website Owner is not responsible and shall have no liability for (i) any viruses or other illicit code that may be downloaded through a link found on the Website, or by accessing Third Party Content or (ii) any advertising, information, content, services or products provided to you from of any third parties.

TERMS FOR CREATION OF A LINK

6.1 Upon your acceptance of the terms and conditions of these Terms of Use, you are authorized to establish a hypertext link (the “Link”) from your website (“Your Website”) to the home page of the Website. Deep linking to content appearing in the web pages below the home page of the Website is not permitted.

6.2 If you create a Link, Your Website shall not: (a) Create frames around the Website or otherwise alter the visual presentation of the Website. (b) Expressly state or otherwise imply that Website Owner is endorsing you, your products or services, or the content of Your Website. (c) Expressly state or otherwise imply an affiliation between you and Website Owner without the prior written consent of Website Owner. (d) Misrepresent your relationship with Website Owner or present false or misleading impressions about Website Owner’s products or services. (e) Disparage the Website or display the Link in a manner that that diminishes Website Owner’s goodwill. (f) Include or display any material which is immoral, unethical, illegal or inappropriate for a professional website.

6.3 You acknowledge and agree that you are not a publisher, distributor, agent, partner, franchiser or endorser of the Website, and Website Owner is not a publisher, distributor, agent, franchiser or endorser of Your Website. Website Owner retains exclusive editorial control over the Website and has the right to make administrative or operational decisions it deems necessary or desirable in the normal course of business.

6.4 You warrant to Website Owner that (1) you have duly registered the domain name of Your Website with all applicable authorities and/or have a license to use Your Website, and you possess all rights necessary to use such the domain name for Your Website, and (2) the content of and materials placed on or within Your Website, and any hyperlinks on Your Website, do not and will not (i) infringe upon or violate any United States copyright, patent, trademark or other proprietary right of a third party, or (ii) violate any applicable law, statute, regulation, or non-proprietary right of a third party.

PROPRIETARY RIGHTS

You acknowledge and agree that the trademarks of Website Owner (the “Marks”), the Website, the Listing Content, the compilation or real estate listings, and the content and look and feel of the Website, to the extent protectable, are proprietary, original works of authorship of Website Owner, or licensors of Website Owner, protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, the Website, and the content and look and feel of the Website are and shall remain with Website Owner or its licensors. You agree not to contest or infringe these rights, directly or indirectly, at any time. Without the prior written consent of Website Owner, your modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of Website Owner or its licensors, and is prohibited. Except as expressly provided under this Agreement, you may not use on any website, including Your Website, or on any other materials, the Marks, or any other trademarks or copyrighted materials appearing on the Website, including without limitation any logos, without the express prior written consent of the owner of the mark or copyright.

INTERRUPTIONS IN SERVICE

The Website and access to the content of the Website may from time-to-time be unavailable to you or users of Your Website, whether because of technical failures or interruptions, intentional downtime for service or changes to the Website, or otherwise. You agree that Website Owner shall have no liability of any nature to you or any third party for any modifications to the Website, and any interruption or unavailability of access to the Website or its content.

CONTENT YOU PROVIDE

To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) content on or through the Website, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all content that you provide or otherwise make available via the Website. You also warrant and represent that you own or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to Transmit such content, and to transfer your or others’ interests in such content to the Website Owner as provided below.

You promise that you will not use the Website to transmit any content: (i) not related to appropriate subject matters; (ii) which is misleading to others, including consumers; (iii) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iv) that you do not have a right to post and transmit under any law or under contractual relationships; (v) such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vi) that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting content to the Website, you grant, and you represent and warrant that you have the right to grant, to Website Owner an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the content and to prepare derivative works of, or incorporate into other works, the content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of the Website, you grant Website all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the Website and any other site authorized or owned by Website Owner or by any party for any purpose.

Website Owner is committed to maintaining the privacy and security of any and all such information that you provide to Website Owner through the Website in accordance with its Privacy Policy, which terms are incorporated herein. Please click here to review the PPAR Privacy Policy.

NO WARRANTIES; EXCLUSION OF LIABILITY

You understand and agree to the following:

a) YOUR USE OF AND RELIANCE UPON ANY AND ALL CONTENT AND SERVICES, INCLUDING WITH RESPECT TO ANY REAL ESTATE LISTING, CONTAINED IN OR PROVIDED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. SUCH CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEBSITE OWNER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE DATA, METHODS, OR CONTENT CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. WEBSITE OWNER DOES NOT WARRANT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBSITE OWNER EXPRESSLY DISCLAIMS 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) IN NO EVENT WILL WEBSITE OWNER BE LIABLE TO YOU, ANY USER OF THE WEBSITE OR YOUR WEBSITE, OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE CONTENT CONTAINED IN OR PROVIDED THROUGH THE WEBSITE. ANY CONTENT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE WEBSITE, OR ANY LINKED WEBSITE, IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT, SOFTWARE, YOUR WEBSITE, LOSS OF DATA, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, THE RELIANCE UPON OR USE OF DATA, CONTENT, OPINIONS OR OTHER MATERIALS APPEARING ON THE WEBSITE OR A LINKED WEBSITE, OR OTHER PERSONAL LOSS THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY MATERIAL ON THE WEBSITE OR A LINKED WEBSITE.

c) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WEBSITE OWNER BE LIABLE TO YOU, OR ANY USER OF THE WEBSITE OR YOUR WEBSITE, OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, OF ANY NATURE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON CONTENT OR SERVICES OBTAINED BY OR PROVIDED THROUGH THE WEBSITE, OR FOR ANY ERROR OR OMISSION, OR OTHERWISE IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Website Owner, its officers, directors, employees, shareholders, agents, affiliates, suppliers, successors and assigns from and against any and all liability, loss, claim, demand, suit, proceeding, damage, cost and expense, including reasonable attorneys fees and costs, arising out of or resulting from (a) any violation by you of these Terms of Use; (b) the content of Your Website; or (c) any negligent acts, errors or omissions of you or your agents or contractors.You agree to indemnify, defend and hold harmless Website Owner, its officers, directors, employees, shareholders, agents, affiliates, suppliers, successors and assigns from and against any and all liability, loss, claim, demand, suit, proceeding, damage, cost and expense, including reasonable attorneys fees and costs, arising out of or resulting from (a) any violation by you of these Terms of Use; (b) the content of Your Website; or (c) any negligent acts, errors or omissions of you or your agents or contractors.

MISCELLANEOUS

11.1 These Terms of Use and all other terms and conditions related to the use of the Website shall be governed by and construed in accordance with the laws of the state of Colorado, United States of America, without regard to its conflict of law provisions. By use of the Website or creating a Link, you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in El Paso County and/or the state of Colorado, United States of America, for all disputes arising out of or related to the use of the Website, any information contained on or provided through the Website, and the creation and maintenance of a Link, and you waive all defenses to the exclusive jurisdiction of such courts.

11.2 If any provisions of these Terms of Use shall be unlawful, void or for any reason unenforceable, then such provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

11.3 These Terms of Use supersede any prior agreements or understandings between you and the Website Owner not incorporated into these Terms of Use. In the event of any inconsistency between these Terms of Use and any future posted Terms of Use, the last posted Terms of Use shall control.

11.4 There are no third party beneficiaries of these Terms and Conditions.

11.5 If you violate any of these Terms of Use, your permission to use the Website and to create or maintain a Link, and your license to the Marks shall immediately terminate without the necessity of any notice to you. Website Owner retains the right to deny access to the Website to anyone at its sole discretion, for any reason, including but not limited to violation of these Terms of Use. Website Owner may, at any time, in its sole discretion for any reason terminate only your right to create and maintain a Link, without affecting your right to otherwise access and use the Website in accordance with these Terms and Conditions. Upon notice of any termination of your right to create and maintain a Link and license to the Marks, and you shall immediately remove any and all Links and Marks from Your Website.

11.6 We respect your privacy and encourage you to read our Privacy Statement so you can make an informed decision about using the Website

COPYRIGHT

All materials on the Website (as well as the organization and layout of the Website) are owned and copyrighted or licensed by Website Owner, its corporate affiliates or its third-party vendors. © Pikes Peak Association of REALTORS®, Inc. 2024, all rights reserved and/or © Pikes Peak REALTORS® Services Corp. 1993-2024, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Website is permitted without the written permission of the Website Owner. Any rights not expressly granted herein are reserved.

Digital Millennium Copyright Act (DMCA) Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be sent to Website Owner’s Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.

Pikes Peak Association of REALTORS®, Inc.
Pikes Peak REALTOR® Services Corp
Attn: Director of Information Technology
Email: ppar@ppar.org
430 N. Tejon Street, Suite 101
Colorado Springs, CO 80903
Telephone: (719) 633-7718

Website Owner respects the intellectual property rights of others and expects you to do the same. Pursuant to the DMCA, Website Owner will respond expeditiously to claims of copyright infringement on the Website if submitted to Website Owner's Copyright Agent as described above. Upon receipt of a notice alleging copyright infringement, Website Owner will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.

If you believe that your intellectual property rights have been violated by Website Owner or by a third party who has uploaded materials to the Site, please provide the following information to Website Owner's designated Copyright Agent listed below: (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 located on the Site; (c) an address, telephone number, and e-mail address where Website Owner can contact you and, if different, an e-mail address where the alleged infringing party, if not Website Owner, can contact you; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner 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 accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and (f) your electronic or physical signature.

Website Owner may request additional information before removing any allegedly infringing material. In the event Website Owner removes the allegedly infringing materials, Website Owner will immediately notify the person responsible for posting such materials that Website Owner removed or disabled access to the materials. Website Owner may also provide the responsible person with your e-mail address so that the person may respond to your allegations.

Website Owner reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact Website Owner's Copyright Agent. Please include sufficient information to assist Website Owner in determining that the user repeatedly engaged in infringing activity. Website Owner registered a designated agent with the Copyright Office is set forth above.

TRADEMARKS

REALTOR®, realtor.com®, and all taglines and stylized logo treatments including any one or more of the foregoing are trademarks of the NATIONAL ASSOCIATION OF REALTORS® and are used with its permission. These and all other trademarks used in this work are the property of their respective owners. © 1993-2024 REALTOR® Services Corp All Rights Reserved. MULTIPLE LISTING CONTENT PROVIDED BY THE REALTOR® Services Corp (RSC) FROM A COPYRIGHTED COMPILATION OF LISTINGS. THE CONTENT IS PROVIDED FOR CONSUMERS’ PERSONAL, NON-COMMERCIAL USE AND MAY NOT BE USED FOR ANY PURPOSE OTHER THAN TO IDENTIFY PROSPECTIVE PROPERTIES CONSUMERS MAY BE INTERESTED IN PURCHASING OR LEASING. UNAUTHORIZED USE OR DISTRIBUTION OF THIS CONTENT PROHIBITED. ALL PROPERTIES ARE SUBJECT TO PRIOR SALE OR WITHDRAWAL. THE CONTENT PROVIDED IS DEEMED RELIABLE BUT IS NOT GUARANTEED ACCURATE AND IS PROVIDED “AS IS” WITHOUT WARRANTY. USER IS SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE RELIABILITY, ACCURACY AND TIMELINESS OF CONTENT. For information on PPAR: ppar@ppar.org.