Terms of Use

Please read this Agreement carefully and completely before using HAR.com (the “Site” or “HAR.com”) or any services or goods provided through or in connection with the Site or by Houston Realtors Information Service, Inc. (“HRIS,” “us”, “our” or “we”) or one of its subsidiaries or affiliates. This Agreement governs your access to and use of the Site. HRIS provides access to and use of information, content and communication, including, but not limited to, accounts, blogs, property data, property access, scheduling a property showing, consumer information, ratings, reviews, postings, mobile services, applications, advertising, email, text, virtual or digital display and APIs, by and through the Site (the “Services”).

By agreeing to this Agreement you are also agreeing to the Privacy Policy, which is incorporated by reference into this Agreement.

By accessing, browsing, or using the Site, you acknowledge that you have read, fully understand, and agree to the terms of this Agreement, as well as our Privacy Policy. You also acknowledge and affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. You represent that you will use the Services in compliance with this Agreement and all applicable local, state and federal laws, rules and regulations.

By using the Services (including any access to the Site), you expressly agree to be bound by this Agreement, by and between you and HRIS, which incorporates by this reference any additional terms and conditions posted by HRIS through the Site, or otherwise made available to you by HRIS.

We may update this Agreement by notifying you of such updates by any reasonable means, including by posting the updated Agreement to the Site. The “Last Updated” legend above indicates when this Agreement was last changed. You should periodically review this page to determine if this Agreement has been updated. Your continued use of the Services following any updates to this Agreement shall constitute notice and acceptance of any such updates.

You agree that the content and technology provided through HAR.com or by the Services, including, but not limited to, textual, statistical, financial, factual, photographic, video, recordings, audio, selection and arrangement of property data and all other data or communication, available through or displayed by HAR.com (the “Content”), is exclusively owned or controlled by HRIS and/or its licensors, and is protected by United States copyright and intellectual property laws. You acknowledge that your use of the Content will be restricted to your own personal, non-commercial use. You shall not convert, reproduce, redistribute, publish, display, retransmit, broadcast, sell or license or allow anyone else to convert, reproduce, redistribute, publish, display, retransmit, broadcast, sell or license the Content. You acknowledge and agree that using HAR.com does not afford you any rights to the Content you access.

You alone are responsible for the content you create (and do not receive from us) such as your blogs, ratings, comments, reviews, articles, audio, video, photos, virtual presentations or other data or communication that you submit to or transmit through HAR.com or the Services (“your content”). You retain your rights to your content, though we may use your content in a number of different ways, including using it as a part of the Services, reformatting it, publicly displaying it, incorporating it into advertising, creating derivative works from it and allowing other third parties to use it as distributed to them by us. You represent that you have the legal right to and do hereby irrevocably grant to us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable and transferable license to use your content as we choose. This license continues even if you stop using the Services.

You represent to us that your content is not in violation of any laws, including, but not limited to, patent, privacy, copyright, trademark or other common laws, statutes or contractual rights. In addition to the indemnity provision in Section X of these Terms, you agree to pay all royalties, fees, fines or any other monies owed to any person or entity as a result of your content submitted to or posted on HAR.com. You agree that your content will not be unlawful, threatening, abusive, pornographic, harassing, violent, invasive, in violation of copyright, trademark, patent, trade secret or other rights, false, misleading, defamatory, tortious or discriminatory which includes hateful content based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. You agree that you will not (and will not permit any third party to) impersonate any person or entity or otherwise misrepresent your identity or affiliation. By uploading your content to the Site, it is your intention to disclose your content to other users subject to the Terms. It is your obligation to redact any sensitive personal information from your content.

You are solely responsible for the completeness and accuracy of your content, and you waive any claim that your content violates any of your rights to privacy. You also agree not to submit your content in a commercial manner such as advertising or promoting your services without a separate written agreement. We reserve the right, but have no obligation or responsibility, to remove, monitor, screen, store or edit your content. We also reserve the right, at our sole discretion, to terminate your account and to edit or remove your content from HAR.com for any reason or no reason, though we reserve the right to store and use your content, even after termination.

You release and discharge HRIS of any and all claims and liability arising out of your content, including but not limited to any use of the content by a user of the Site for a purpose that HRIS prohibits in these Terms.

HAR.com may contain links to third-party websites or advertisers (collectively “External Links”). We are not responsible or liable for: (i) the availability or accuracy of such External Links; or (ii) the information, products, or services on or available from such External Links.

The providing of External Links does not imply any endorsement by us of such websites or resources or the information, products, or services available from such External Links. When you engage or access External Links, you are interacting with that third party and not with us. Thus, your identity, information and data may be used by such External Links. You acknowledge sole responsibility for and assume all risk arising from your use of any such External Links, and we urge you to read the terms of use and privacy policy available from such External Links since they will apply to you. Further, please see our Privacy Policy as it relates to use of External Links by you.

Services include those that require you to register information or create an account to access certain areas of HAR.com, to have contact with a Realtor®/licensee, to access a property or to schedule a property showing. These are also known as “Account Services.” For Account Services, when prompted or asked, you agree to provide and maintain accurate, current and complete information, including your contact information such as your email address and your mobile phone number, for notices and other communications from us or a Realtor®/licensee. By providing your contact information and opting into the use of Account Services, you consent to us or a Realtor®/licensee, as may apply, contacting you and providing information to you by your email address and by your mobile phone number, including via phone calls, whether live or automated, phone recorded messages and SMS, MMS and text messages, which email address and mobile phone number you provide to us through the Account Services (“Account Contacts”).

You consent to us or a Realtor®/licensee, as may apply, using third-party and publicly sourced information about you generated from Account Contacts and information you submit to Account Services. If a Realtor®/licensee has your Account Contacts, then you represent to us that the Realtor®/licensee has your consent to provide to us your Account Contacts for our use. As a Realtor®/licensee, you represent to us that Account Contacts and information you provide to us on behalf of a buyer or seller or your client is done so with their consent.

You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s email, password or other account information, or another person’s name or likeness. You must provide current, truthful and accurate information when creating an account. Please keep your account updated to reflect any changes. One account per person. You must be at least 18 years old to create an account. You are responsible for all activities that occur through your account and password. You do have the right to terminate, control or modify information in your account settings at any time. HRIS reserves the right, in its sole discretion, to terminate or restrict your account at any time and for any reason, with or without notice.

Your use of the Services and HAR.com is by your consent. You represent to HRIS that any and all use of the Services by you will be done in an ethical, legal and lawful manner, abiding by any applicable federal, state and local law, and any applicable code of ethics. For example, you shall NOT by use of the Services:

1. deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity, and you shall not be a party to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity;
2. display information regarding the racial, religious or ethnic composition of any neighborhood;
3. display information that indicates preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity;
4. cause any person to be denied access to a property for sale or lease based on that person’s race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity; or
5. cause practices that result in a restraint of trade or are considered anti-competitive such as suggesting that broker commissions or compensation are set by “industry standards”, group boycotts of a competitor or choosing not to show a property based on commission or compensation being offered.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) HRIS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, HRIS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES FROM ANY PRODUCTS OR SUBMISSIONS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY PRODUCTS OR SUBMISSIONS IS TO STOP USING THE SERVICES; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF HRIS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO USE THE ONLINE SERVICES OR TEN (10) DOLLARS ($10.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH HRIS AND THE AFFILIATED ENTITIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICES, MATERIALS, AND ANY PRODUCTS AND SUBMISSIONS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; AND (B) HRIS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, THE MATERIALS, AND ANY PRODUCTS AND SUBMISSIONS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE FOR THE BENEFIT OF BOTH HRIS AND ITS AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT (THE “ARBITRATION AGREEMENT”). THIS SECTION MAY SIGNIFICANTLY AFFECT HOW CLAIMS YOU MAY HAVE AGAINST HRIS, OR CLAIMS HRIS MAY HAVE AGAINST YOU, WILL BE RESOLVED. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION (COLLECTIVELY, “CLASS ACTION”) IN ARBITRATION OR LITIGATION.

THIS DISPUTE RESOLUTION SECTION ALSO ADDRESSES THAT YOU AND HRIS ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLY BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Most customer concerns can be resolved by contacting Customer Services at support@har.com. In the event Customer Service is unable to resolve a complaint to your satisfaction, this Section explains how any Dispute (as defined below) will be resolved.

For purposes of this Section, the terms “HRIS,” “our,” “we,” or “us” include Houston Realtors Information Service, Inc, its subsidiaries or affiliates, as well as any of their respective present or future affiliates or subsidiaries, and any persons or entities (including agents, representatives, or employees) related to HRIS or its present or future affiliates or subsidiaries.

(a) Arbitration Agreement. YOU AND HRIS AGREE THAT ALL DISPUTES (DEFINED BELOW) SHALL BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT HRIS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT SO LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS ACTION BASIS). ANY DISPUTE OVER WHETHER CLAIMS QUALIFY FOR SMALL CLAIMS COURT IS FOR THE SMALL CLAIMS COURT TO DECIDE IN THE FIRST INSTANCE AND, IF NECESSARY, FOR A COURT OF COMPETENT JURISDICTION TO DECIDE.

YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

You and HRIS agree that these Terms affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.

For purposes of this Section, “Dispute” shall include, but is not limited to, any claims or controversies between you and HRIS that are related in any way to this Agreement, including, but not limited to, your use of the Site, sales, returns, refunds, cancellations, defects, policies, privacy, advertising, and/or any communications between you and HRIS, whether occurring on the Site or otherwise, even if the Dispute arises after the termination of your relationship with HRIS. “Dispute” also includes, without limitation, claims that: (a) you bring against HRIS; (b) HRIS brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and HRIS, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before you entered into this Agreement or out of a prior agreement with HRIS (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a member of a certified class; and/or (f) arise after the termination of this Agreement.

The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which are for a court of competent jurisdiction to decide. This Arbitration Agreement does not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

(b) Mandatory Pre-Arbitration Informal Dispute Resolution. You and HRIS agree that good-faith informal efforts to resolve Disputes often can result in a prompt, low-cost and mutually beneficial outcome. Therefore, you and HRIS agree to engage cooperatively to try and resolve any Dispute informally prior to you or HRIS initiating an arbitration proceeding.

The party initiating the Dispute, whether it be you or HRIS, must first send a written notice to the other party providing a detailed description of the Dispute, including at least the following information: (1) the initiating party’s name and contact information (address, telephone number, email address, and account number if applicable); (2) sufficient information to enable you or HRIS to identify any transaction at issue (including any receipts or purchase details); (3) the nature and basis of the Dispute and any claims; and (4) the nature and basis of the relief sought (including a calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a HRIS representative (and our attorney if we are represented by legal counsel).

Your notice to HRIS must be sent to 3693 Southwest Freeway, Houston, TX 77027 with copy by email to rene.galvan@har.com. Our notice to you must be sent to the most recent contact information that you have provided to us.

The initiating party must allow the other party 60 days to respond and attempt to resolve the Dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.

For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized, telephone dispute resolution conference (and if you are represented by an attorney, your attorney may also participate) in a good-faith effort to resolve informally the Dispute. If requested by you in connection with a notice initiated by us, we agree to have a HRIS representative personally participate in an individualized telephone dispute resolution conference (and if HRIS is represented by counsel, HRIS’ counsel may also participate) in a good-faith effort to resolve informally the Dispute. If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration, and the arbitrator shall dismiss any arbitration demand filed before completion of this informal dispute resolution process. Any applicable limitations period (including statute of limitations) and filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution.

If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

(c) Arbitration Rules and Procedures; Individualized Relief; Fees. To commence an arbitration proceeding, you must file an arbitration demand with the American Arbitration Association (“AAA”) and serve a courtesy copy on Grant Harold at gharpold@buckkeenan.com, or we must file an arbitration demand with the AAA and serve a courtesy copy on you at the most current address we have on file. The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. The arbitration demand and certification must be personally signed by you or your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by a HRIS’s representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing an arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.

The arbitration will be administered by the AAA under its applicable rules, including the Consumer Arbitration Rules and/or the Mass Arbitration Supplementary Rules, as applicable (the “AAA Rules”), as modified by the Arbitration Agreement. The AAA Rules and fee information are available at https://www.adr.org/Rules. If the AAA is unavailable or unwilling to administer the arbitration consistent with the AAA Rules as modified by this Arbitration Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with the AAA Rules as modified by this Arbitration Agreement. Payment of all arbitration fees will be governed by the AAA Rules as modified by this Arbitration Agreement. HRIS will consider a request to reimburse the consumer filing fee upon a demonstration of hardship. You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding fees, and you and we agree that the parties (and your and our counsel, if you and we are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

The arbitration will be conducted by a single arbitrator who will apply this Agreement as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator after entry of an award. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies.

UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.

(d) Additional Procedures for Mass Filings. You and HRIS agree that these procedures (in addition to all others provided in Section) shall also apply if you choose to participate in a “Mass Filing” (defined below). Mass Filings shall be administered by AAA under its Mass Arbitration Supplementary Rules, as amended by these Terms. The AAA Mass Arbitration Supplementary Rules are available online at https://adr.org/sites/default/files/Mass-Arbitration-Supplementary-Rules.pdf.

If 25 or more similar Disputes (including yours) are asserted against HRIS by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), consistent with the definition and criteria of a “Mass Arbitration” set forth in the AAA Mass Arbitration Supplementary Rules, you understand and agree that by choosing to be part of a Mass Filing, these additional procedures shall apply, and the resolution of your Dispute might be delayed and ultimately proceed in court if not resolved through the process set forth below. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.

If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first submitted to AAA until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section.

STAGE ONE: Counsel for the claimants and counsel for AAA shall each select 25 claims per side (50 claims total) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their 25 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed in individual arbitrations. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If after this initial set of proceedings the parties are unable to informally resolve the remaining Disputes, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and HRIS shall pay the mediator’s fee.

STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for HRIS shall each select 50 Disputes per side (100 claims total) to be filed and to proceed as cases in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Alternatively, either side’s counsel may elect to have their 50 Disputes selected randomly. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than 3 cases may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and HRIS shall again pay the mediator’s fee.

Upon the completion of the global mediation session set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may only proceed in a court of competent jurisdiction consistent with this Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of the remaining Disputes in individual arbitration proceedings consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually-agreeable process.

A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for the Mass Filings section of the Arbitration Agreement, including by enjoining the Mass Filing, the prosecution or administration of arbitrations, and the assessment or collection of arbitration fees.

The Additional Procedures for the Mass Filings section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of this Agreement.

(e) Jury Trial Waiver; Class, Collective, and Representative Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND HRIS WAIVE THE RIGHT TO A JURY TRIAL. YOU AND HRIS ALSO EXPRESSLY WAIVE THE RIGHT TO HAVE ANY DISPUTE, CLAIM, OR CONTROVERSY BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, AND/OR REPRESENTATIVE ACTION OR PROCEEDING, OR TO PARTICIPATE IN ANY SUCH ACTION OR PROCEEDING. AN ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR, ARBITRATE, OR ADMINISTER ANY CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, AND/OR REPRESENTATIVE ACTION. AN ARBITRATOR MAY ONLY AWARD RELIEF TO THE INDIVIDUAL SEEKING RELIEF IN ARBITRATION AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S CLAIM, AND ANY RELIEF AWARDED CANNOT AFFECT OTHER HRIS USERS. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THIS WAIVER DOES NOT PREVENT YOU OR HRIS FROM PARTICIPATING IN A CLASS-WIDE, COLLECTIVE, AND/OR REPRESENTATIVE SETTLEMENT OF CLAIMS.

(f) Opt Out Procedures. You have the right to opt out of arbitration by sending your personally signed, written notice of your decision to opt out to support@har.com within 60 days of the first time you agreed to these Terms with HRIS that included an arbitration agreement. Your opt-out notice must include: (a) your name and residential address; (b) the email address and/or telephone number associated with your account; and (c) a clear statement that you want to opt out of arbitration and seek to have any Dispute addressed in a court of competent jurisdiction consistent with these Terms. By opting out of arbitration, all other provisions in these Terms, including the class action waiver and jury trial waiver, remain in effect to the fullest extent permissible by applicable law.

(g) Severability and Survival. Except as specifically provided in the Arbitration Agreement (e.g., the “Additional Procedures for Mass Filings”), if any part or parts of this Arbitration Agreement is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. THE DISPUTE RESOLUTION PROVISIONS AND ARBITRATION AGREEMENT SHALL SURVIVE THE TERMINATION OF THESE TERMS.

It is expected that HAR.com will comply with applicable copyright laws, including the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or agent thereof and believe, in good faith, that there is a copyright infringement upon your copyrights on HAR.com, then please provide notice with the following information to the designated copyright agent listed below:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location.
3. Your name, address, telephone number, and e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

DMCA Designated Agent René Galvan

Executive Vice President

Houston Association of REALTORS®, Inc.

3693 Southwest Freeway

Houston, Texas 77027

rene.galvan@har.com

We reserve the right, at our sole discretion, to delete or disable content alleged to be infringing and to terminate accounts of repeat infringers.

Copyright Counter-Notice.

If you believe that your content that has been removed from HAR.com is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

HRIS may suspend your ability to use all or any party of the Services or may terminate this Agreement at any time and at its sole discretion, without notice or explanation. Any termination of your account or this Agreement may cause your content to be deleted, though we reserve the right to store and use your content. Further, Sections I., II., IV., VII., VIII., IX., X., XII., XIV., and XV. above survive any termination of this Agreement.