TERMS OF USE – ( HAR Member Blogs )

In consideration of your use of the HAR Member Blogs service, you (a member of the Houston Association of Realtors, Inc. (HAR)) agree with Houston Realtors Information Service, Inc. (“HRIS”, “we”, “us” or “our”) to have read and be bound by the following terms and conditions, (the “Agreement”):

Although we may attempt to notify you when major changes are made to these HAR Member Blogs Terms of Use (“Terms of Use”), you shall periodically review them to be aware of the most up-to-date version. HAR.com, which is operated by HRIS, may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions. In the event of a conflict between these Terms of Use and the HAR.com’s general Terms of Use (which you agree are applicable to you), these Terms of Use shall control.

HAR Member Blogs service is a web publishing and hosting service provided through HAR.com (the “Service”). You will be responsible for all activities occurring under your username and for keeping your password secure. The Service is provided to you on an AS IS and AS AVAILABLE basis. HAR.com disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. HAR.com reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

You are responsible for your own use of the Service, for any posts you make, and for any use of your account. You agree that you will use the Service in compliance with all applicable local, state, federal, and international laws.

You acknowledge reading and agree to abide by the HAR Member Blogs Content Policy (Content Policy). Although we may attempt to notify you when major changes are made to the Content Policy, you shall periodically review it for the most up-to-date version. HAR.com may, in its sole discretion, modify or revise the Content Policy at any time, and you agree to be bound by such modifications or revisions.

Violation of any of the Terms of Use or of the Content Policy (Content Policy) may result in immediate termination of this Agreement and may subject you to state and federal penalties and other legal consequences. HRIS reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

You are liable for any content you post on HAR.com or through the Service. HAR.com does not monitor the content of your blogs and takes no responsibility for such content. Instead, HAR.com is merely a conduit for your content blogging or posting to the public.

HAR.com does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance by the public on content posted via the Service will be at your sole risk.

As a condition of using the Service, you agree to the terms of the HAR.com Privacy Policy which may be updated from time to time, and as expressed in the most recent version that exists at the time of your use.

We take no responsibility for third-party content you may receive or post (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content. HAR.com reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. HAR.com also reserves the right to delete, access, read, preserve, and disclose any content or information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of HAR and its members, HRIS and the public. We will not be responsible or liable to you for the exercise or non-exercise of all our rights under this Agreement.

HAR claims no ownership or control over any content you submit, post or display on HAR.com or through the Service. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on HAR.com or through the Service, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying any content on HAR.com or through the Service, which content you acknowledge is intended to be made available to the public, you grant to us a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content on HAR.com and through the Service. HAR.com reserves the right to refuse to accept, post, display or transmit any content in its sole discretion.

You represent and warrant to us that you have all the rights, power and authority necessary to grant the rights provided herein to any content you submit.

You may choose to submit, post, and display any content on HAR.com or through the Service under a public license (e.g. a Creative Commons license), as long as you follow the attribution and other rules that apply to such use of the content under a Creative Commons license. For avoidance of doubt, HAR.com is not a party to any such public license between you and any third party. Also, for avoidance of doubt, HAR.com may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to the posted content or (b) this Agreement.

Unless expressly authorized in writing by us, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

You represent and warrant that (a) all of the information provided by you to HAR.com to participate in the Service is correct and current; (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder; and (c) you will not allow another person or entity to use your account or the Service.

We may, in our sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled, and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 11, 14 and 15 of the Agreement, along with applicable provisions of the general Terms of Use (including specifically section 7 regarding liability and damages limitation), shall survive expiration or termination of this Agreement.

YOU AGREE TO DEFEND AND INDEMNIFY HAR.COM, HAR AND HRIS AND THEIR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS, LOSSES, DAMAGES, SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES INCURRED IN RELATION TO YOUR USE OF THE SERVICE, CONTENT ON HAR.COM, USE OF YOUR ACCOUNT OR YOUR BREACH OF THIS AGREEMENT. YOUR OBLIGATIONS IN THIS SECTION SHALL COMMENCE UPON NOTICE TO YOU BY THE APPLICABLE PARTY.

These Terms of Use and this Agreement will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service or the Agreement will be brought solely in the state or federal courts of Harris County, Texas, and you consent to the exclusive jurisdiction and venue of such courts.