.realtor™ Domain License Agreement
This .realtor™ Domain License Agreement (the "Agreement") sets forth the terms and conditions of your license of any .realtor™ domain name. By licensing a .realtor™ domain name, you represent that you have read and agreed to be bound by all terms and conditions of this Agreement, including all documents incorporated herein by reference.
In this Agreement, "RED" refers to Real Estate Domains, LLC, the registry operator for the .realtor™ gTLD per agreement with the Internet Corporation for Assigned Names and Numbers (ICANN)(see www.icann.org/resources/agreement/realtor-2014-05-29-en the "Registry Agreement"). RED operates the .realtor™ gTLD under license from NAR. "We" and "us" refer to RED.
"NAR" refers to the National Association of REALTORS®, the world's largest professional association, representing more than one million members, 54 state and territorial associations and over 1,400 local associations (see www.nar.realtor ). NAR is the owner of the REALTOR® and REALTORS® trademarks, which identify real estate professionals who are members of NAR and subscribe to its strict Code of Ethics.
Except as otherwise indicated, "Affiliate", "you"/"You" and "your"/"Your" refer to the person or entity licensing the subject .realtor™ domain . By entering into this Agreement, you also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as your agent or representative. You also agree to be bound by the terms of this Agreement for transactions entered into by anyone who uses the account you've established with RED and NAR, whether or not the transactions were on your behalf.
2. Affiliate License
RED is the registrant and licensor of every domain in the .realtor™ gTLD. Your licensing of a .realtor™ domain is governed by the terms set forth herein. You acknowledge that you are not registering the domain and you will not "own" the domain. Your rights to each domain are limited to those of a licensee under the terms of this Agreement.
You represent, warrant and agree that you are a REALTOR®, an NAR member, the Canadian Real Estate Association ("CREA"), a member of CREA, an NAR or CREA member Board or Association, an NAR affiliate, an NAR licensee, or otherwise in a contractual relationship with NAR relating to use of NAR's REALTOR® mark and that, in such capacity, you are deemed an "Affiliate" of RED as such is defined in the Registry Agreement, including as specifically set forth in the Code of Conduct Exemption. RED will determine, under direction by NAR and in NAR's sole discretion, (i) eligibility to license a .realtor™ gTLD and, accordingly, eligibility as an "Affiliate", (ii) which Affiliate(s) may license and use which domains in the .realtor™ gTLD, (iii) how many domains may be licensed and used by any particular Affiliate, including bulk license of .realtor™ domains, and (iv) how such domains may be used.
Your license and use of the .realtor™ domain name is thus subject to all applicable rules and policies set forth in this Agreement, including any and all licenses granted herein.
3. Availability, Business Rules and Usage Rules
Eligibility as an Affiliate and the determination of which .realtor™ domain names may be licensed and used under this Agreement are set forth by NAR in NAR's sole discretion. During Sunrise any domain name is eligible for registration.
Except during Sunrise, you agree to be bound by the "Business Rules for .realtor™" (see http://www.about.realtor/learn/guidelines-usage), which further govern the availability of domains in the .realtor™ gTLD. The "Business Rules for .realtor™" are hereby incorporated by reference into this Agreement.
You agree to be bound by the Acceptable Usage Policy of .realtor™, available at http://www.about.realtor/learn/guidelines-usage), the terms of which are hereby incorporated by reference into this Agreement. Further, the following acts, which are not exhaustive, are additionally prohibited and may result in denial, suspension, cancellation, redirection, or transfer of any registration or transaction, or placement of any .realtor™ domain name(s) on registry lock, hold or similar status:
- abusive use of any .realtor™ domain name(s)
- uploading, posting, or otherwise making available any content that is unlawful, harmful, abusive, threatening, invasive of another's privacy, or otherwise damaging or amounting to harassment or cyber bullying of another person
- intentional or unintentional violation of any applicable local, state, national or international law
- any illegal, disruptive, malicious, or fraudulent action
- use of a geographical address in a .realtor™ domain
- Activities unrelated to a real estate business
From time to time RED and NAR may set forth rules, procedures and/or guidelines in addition to the Business Rules and the AUP which further govern the license and use of .REALTOR domains. Any such rules, procedures or guidelines will be available upon request and may be posted at www.about.REALTOR, at NAR's home page or elsewhere as set forth by us. At all times during your license and use of a .realtor™ domain, you will comply with all such rules, procedures and guidelines. RED and/or NAR may modify such rules, procedures and guidelines in our sole discretion and at any time.
You are solely responsible for ensuring that any website and any content at any of your .realtor™ domain name(s) is compliant with any applicable statute, rule or law, including without limitation the Fair Housing Act of 1988, Title III of the Americans with Disabilities Act (see the U.S. Department of Justice, Civil Rights Division’s Guidance on Web Accessibility and the American Disabilities Act), the Web Content Accessibility Guidelines 2.0, and any related state-based statutes (all such statutes, rules and laws collectively referenced herein as “ADA”).
4. Licensed Use of the REALTOR® Mark
NAR is the exclusive owner of the REALTOR®, REALTORS®, REALTOR ASSOCIATE® and REALTOR with Block "R" Logo trademarks ("REALTOR® Marks"). The REALTOR® Marks are federally registered with the United States Patent and Trademark Office, including as collective membership marks. Your license and use of any .realtor™ domain name is solely under license from NAR and subject to the terms of NAR's Rules governing members' use of the REALTOR® Marks (see NAR's Membership Marks Manual http://www.realtor.org/membership-marks-manual) and all other license terms set forth by NAR at NAR's sole discretion, all of which are subject to revision at NAR's discretion from time to time.
Your license under this Agreement to use any .realtor™ domain name is non-transferable, non-assignable, revocable and subject to all of the terms and conditions contained in this Agreement and incorporated by reference. You understand and acknowledge that your license and use of a .realtor™ domain name does not grant or permit to you any right, title or interest in or to the REALTOR® Marks. You hereby acknowledge NAR's exclusive ownership, rights and interests in and to the REALTOR® Marks. You acknowledge and accept the tremendous value of the REALTOR® Marks, the registrations therefor and the goodwill associated with the REALTOR® Marks and agree that any goodwill generated by the use of the REALTOR® Marks pursuant to this Agreement shall inure to the benefit of NAR. Further, you will not to do anything which is adverse or otherwise inconsistent with NAR's rights. You may not: (i) challenge the validity of the REALTOR® Marks or any registration therefor; (ii) contest the fact that your rights under this Agreement are solely those of a licensee; (iii) attempt to register any of the REALTOR® Marks in your own name; (iv) use the REALTOR® Marks in any manner that would jeopardize NAR's rights in the REALTOR® Marks; (v) knowingly do any act that would invalidate or be likely to invalidate the NAR's trademark registrations; (vi) combine the REALTOR® Marks with any other marks, names or symbols unless otherwise allowed herein or you obtain NAR's prior written consent; or (vii) otherwise use the REALTOR® Marks in any manner that violates your license or authorization to use the REALTOR® Marks. You acknowledge that NAR may exercise quality control over your use of the REALTOR® Marks to a degree reasonably necessary to maintain the validity of the REALTOR® Marks and to protect the goodwill associated therewith.
5. Term and Modifications
The term of this Agreement shall run for the time period paid for at the time of licensing the subject .realtor™ domain name and concurrently with the term of RED's registration of the subject .realtor™ domain name, unless terminated as set forth herein.
You acknowledge and agree that RED may revise, amend or modify the terms and conditions of this Agreement, and any policies or documents incorporated herein, at any time in its sole discretion. Any such change will be binding and effective immediately upon posting of the revised Agreement to this Website, or, if notification of such changes is made available to you by e-mail or other mail, upon your receipt thereof. Your continued use of the subject .realtor™ domain name after such changes shall constitute your acceptance of this Agreement as revised. If any such change or revision to this Agreement constitutes a materially adverse change to you, you may request cancellation of your domain name license (provided you are not in breach of this Agreement). You agree that such cancellation shall be your exclusive remedy in such event. No provision of this Agreement may be amended or modified by you except by means of a written document signed by us.
6. Use of Your Information / WHOIS
As part of the licensing process, you are required to provide certain information, including contact information (collectively, "Information"). We reserve the right to request additional Information at any time during the license process or during the term of license, including but not limited to information regarding your use of the subject .realtor™ domain, (for example, screen shots). You will notify us within fifteen days if any of the Information you provided, including contact information, changes. It is your responsibility to keep this Information in a current and accurate status. Failure by you, for whatever reason, to provide us with accurate and reliable Information on an initial and continual basis shall be considered a material breach of this Agreement. Failure by you, for whatever reason, to respond within fifteen days to any inquiries made by RED or NAR to determine the validity of Information provided by you shall also be considered to be a material breach of this Agreement.
Certain Information may be made publicly available in instances as required by ICANN or pursuant to registry operation, such as in the WHOIS record associated with the subject .realtor™ domain name. RED will be the listed registrant of record in the WHOIS record. Your Information will be used for the administrative, technical and billing contacts. You acknowledge and agree that your Information may be made publicly available in the WHOIS record for the subject .realtor™ domain name, including but not limited to:
- The .realtor™ domain name
- Your name
- The email address, postal address, voice and fax numbers for technical and administrative contacts
- The Internet protocol numbers for the primary and secondary name servers
- The corresponding names of the name servers
- The original date of registration and expiration date of the .realtor™ domain name
The Information may be used by us in performance of RED's obligations, promotion and duties related to the .realtor™ gTLD, and you agree that, to the extent permitted by ICANN and NAR, we may make use of the Information provided by you. You consent to the use, copying, reproduction, distribution, publication, modification, and other processing of your Information, your .realtor™ domain and any website resolving at your .realtor™ domain by RED, our designees and agents, and NAR in a manner consistent with RED's obligations under this Agreement and our rules, guidelines and procedures for maintaining and operating the .realtor™ gTLD, including promotion thereof. You consent to use of the Information for the purposes set forth above, and irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your Information by us, our designees and agents, and NAR. You acknowledge that providing false, fraudulent or inaccurate Information or willfully failing to update Information you provide promptly will constitute a material breach of this Agreement subject to the remedies set forth herein.
RED, or the Registrar of record (the "Registrar", the entity through which .realtor™ domain names are registered by RED), shall accept written complaints from third parties regarding false and/or inaccurate WHOIS data, which may include your Information. No later than thirty days after receipt of a written complaint, RED or the Registrar shall conduct an initial investigation into the veracity and accuracy of the WHOIS data. If RED or the Registrar determines that your Information is false, inaccurate or not up to date, RED or the Registrar shall issue a letter to you via e-mail and regular first-class mail, stating that your Information contained in the WHOIS record may be false, inaccurate or not up to date. You shall be required to update your Information no later than fifteen calendar days from the date of such notice. If, within fifteen days, you can either (i) show that you have not provided false or inaccurate Information or (ii) provide updated Information, then you will not be in breach of this Agreement. If, however, after fifteen days, you either do not respond to the notice or are unable to provide true and accurate Information, then you shall be deemed to have materially breached this Agreement. In such an event, RED may terminate this Agreement and delete the affected .REALTOR domain registration pursuant to this Agreement.
Payment by you shall be made pursuant to the terms and conditions set forth at the point of payment for the license. Payment is to be made by you providing a valid credit card for charge. If for any reason RED, NAR or the Registrar is unable to charge your credit card with the full amount owed for the service provided, or if there is charge back for any fee previously charged to the credit card you provided, you agree that RED, NAR or the Registrar may pursue all available remedies in order to obtain payment. You agree that the remedies which may be pursued in order to effect payment may include, but not be limited to, immediate cancellation without notice to you of this Agreement.
All payments made under this Agreement are non-refundable. RED shall not be required to refund any fees paid by you if this Agreement is terminated for any reason.
You may choose automatic renewal of your .realtor™ domain name, in which case this Agreement shall automatically renew for a subsequent one-year period subject to your payment of the current renewal fee, which may be higher or lower than the initial license fee. RED shall secure your payment for automatic renewal using the payment method submitted at the time of your initial license of the .realtor™ domain. In the event this payment method is no longer valid, RED shall send a notice to the e-mail address provided in connection with the Information you submit to RED notifying you of such. It is your responsibility to update the payment information you have provided to RED and submit a renewal request through www.get.realtor or other appropriate website.
If you choose not to renew this Agreement at the conclusion of the term of the domain license for the subject .realtor™ domain name, RED will provide a 30-day grace period for you to renew this Agreement. At the end of the grace period, if you have opted to not renew this Agreement, this Agreement shall terminate and the underlying .realtor™ domain name registration will be deemed terminated. Upon termination, the subject .realtor™ domain name will no longer be registered by RED or licensed to you, and RED reserves the right to immediately modify the nameservers for the domain, which may disable or deactivate any associated website content or e-mail address(es). Your Information will also be removed from the WHOIS record for the domain upon termination. You acknowledge that upon termination of this Agreement, the subject .realtor™ domain name may be licensed to any third party.
In the event you would like to license the subject .realtor™ domain name after termination, and subject to continued availability of the subject .realtor™ domain name, you may need to pay an additional recovery and restore fee depending upon the amount of time which has lapsed since domain termination.
9. Dispute Policy
In the event of a dispute with a third party regarding your license or use of any .realtor™ domain name, you will submit to and be bound by proceedings and the results thereof under one or more of the following as applicable: (i) ICANN's Uniform Domain Name Dispute Policy, Trademark Post-Delegation Dispute Resolution Procedure, Registration Restriction Dispute Resolution Procedure, Uniform Rapid Suspension System, and any other ICANN policy or procedure in effect now or adopted later by ICANN; (ii) any dispute policy or procedure set forth by RED not inconsistent with an ICANN adopted policy or procedure; or (iii) any dispute policy or procedure set forth by NAR not inconsistent with an ICANN adopted policy or procedure.
In the event RED is notified that a complaint has been filed with a governmental, administrative or judicial body regarding a .realtor™ domain name that is subject to this Agreement, we may, in our sole discretion, take whatever action we deem necessary to comply with the actions or requirements of the governmental, administrative or judicial body, including but not limited to any action set forth in the "Breach and Revocation" Section of this Agreement, until such time as the complaint is fully resolved. Such actions could include, but are not limited to, "locking" the domain name, thereby preventing modification of the website content, and/or removing or disabling any website content associated with the domain. You agree to hold RED, NAR and the Registrar harmless for any such actions taken by RED or the Registrar as instructed by RED, in addition to the indemnification provisions set forth in the "Indemnification" Section below.
You agree to defend, indemnify and hold harmless RED, NAR and the Registrar and their affiliates, business partners, directors, officers, employees and agents, from and against any and all claims, actions, losses, damages, expenses and costs, including attorneys' fees and expenses, arising out of or relating to (i) your license and use of any .realtor ™ domain name, (ii) any breach by you of this Agreement, including all documents incorporated herein by reference and representations and/or warranties set forth herein, (iii) any third party claim, action, or demand related to any .realtor™ domain name or the use thereof, (iv) ADA compliance, or (v) any dispute under the "Dispute Policy" Section herein.
11. Limitation of Liability
RED, NAR AND REGISTRAR WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO OR IN CONNECTION WITH (A) ANY (i) FAILURE TO LICENSE OR (ii) LICENSE OR (iii) LOSS OF LICENSE OF A DOMAIN NAME; (B) THE USE OF A DOMAIN NAME; (C) DELAYS OR INTERRUPTIONS OF ACCESS TO ANY OF RED'S, NAR'S OR REGISTRAR'S REGISTRATION SYSTEM OR SERVICES; (D) THE FAILURE TO DELIVER OR DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND RED, NAR OR REGISTRAR; (E) EVENTS BEYOND RED'S, NAR'S OR REGISTRAR'S REASONABLE CONTROL; (F) THE PROCESSING OF ANY APPLICATION; (G) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH A DOMAIN NAME; (H) REJECTION OF YOUR REQUEST TO LICENSE A .realtor™ DOMAIN NAME; OR (I) THE APPLICATION OF ANY DISPUTE OR OTHER APPLICABLE POLICY. FURTHER, RED, NAR AND REGISTRAR WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS AND LOST DATA) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF RED, NAR OR REGISTRAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RED'S, NAR'S AND REGISTRAR'S COLLECTIVE MAXIMUM LIABILITY EXCEED THE WHOLESALE COST OF THE LICENSE FOR THE DOMAIN WHICH IS THE SUBJECT OF ANY CLAIM FOR DAMAGES OR OTHER COMPENSATION (AS SET BY RED, NAR OR REGISTRAR AT THE TIME OF YOUR LICENSE OF OR REQUEST TO LICENSE, SUCH DOMAIN NAME). IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Representations and Warranties
You represent and warrant that, to the best of your knowledge and belief, your license and/or use of any .realtor ™ domain name, including the manner in which it is directly or indirectly used, does not infringe or violate the legal rights of any third party, including but not limited to, infringement of any copyright, trademark, patent or other intellectual property right. You represent and warrant that your domain name will not be used in connection with any illegal activity. You represent and warrant that all Information provided by you in connection with your license and/or use is complete and accurate and that you have full capacity and authority to enter into this Agreement. You represent and warrant that any use of any of your .realtor ™ domain names is ADA compliant. Other representations and warranties made by you are set forth elsewhere in this Agreement.
RED, NAR and Registrar make no representations or warranties of any kind in connection with this Agreement. RED, NAR AND REGISTRAR COLLECTIVELY EXPRESSLY DISCLAIM 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. RED, NAR AND REGISTRAR MAKE NO WARRANTY THAT ANY SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. RED, NAR AND REGISTRAR DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES PROVIDED, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, ADA COMPLIANCE, OR OTHERWISE.
13. Breach and Revocation
In the event of a breach by you of any provision of this Agreement, including any representations and warranties set forth herein or any documents incorporated herein by reference now in effect or adopted later, RED and NAR shall have the right in our respective sole discretions to delete, cancel, revoke, suspend, place on hold or lock, transfer or modify the subject .realtor™ domain name or your license to use it (including but not limited to modification of your DNS settings), without prior notification to you and without regard to any period of time remaining in the term of this Agreement, including any future year(s) of license already purchased. You acknowledge that RED and NAR reserve the right to conclude that your conduct is in violation of the foregoing provisions or in breach of any provision of this Agreement or the documents incorporated herein by reference, and RED and NAR may arrive at such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded, and even if our opinion or suspicion is proven not to be well-founded. Any action taken by us under this Section may be taken by us in our sole discretion, without notice to you, without any obligation to refund fees paid, and otherwise without liability to you or to any third party for any such action.
RED expressly reserves the right to deny, cancel or transfer any license that it deems necessary, in its discretion to correct mistakes by RED, NAR or the Registrar in registering the name or facilitating the license, to protect the integrity and stability of the .realtor™ gTLD and registry, to comply with any applicable laws, government rules or requirements (including from ICANN), requests of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of RED, NAR and the Registrar, as well as their affiliates, subsidiaries, officers, directors and employees. RED also reserves the right to "lock" a domain name and/or remove or disable any website content associated with the .realtor™ domain during resolution of a dispute or to instruct the Registrar to do so.
Termination of your membership in NAR, or other relationship with NAR that makes you eligible to license a .realtor™ gLTD, for whatever reason, during the term of this Agreement shall constitute a material breach of this Agreement. You acknowledge and agree that in the event your membership or other relationship with NAR is terminated during the term of this Agreement, RED may immediately terminate your license to use the subject .realtor™ domain name. You further acknowledge that such termination may result in removal or deactivation of any website content or e-mail account associated with the subject domain.
14. Prohibited Activities
You shall not use your .realtor™ domain name for (i) the transmission of unsolicited email (SPAM), (ii) repetitive, high volume inquiries into any of the services provided by RED or the Registrar (i.e. domain name availability, etc.), (iii) distributing malware, (iv) abusively operating botnets, (v) phishing, (vi) piracy, (vii) trademark or copyright infringement, (viii) fraudulent or deceptive practices, (ix) counterfeiting, (x) otherwise engaging in activity contrary to applicable law. RED may cancel your .realtor™ domain name license and/or terminate this Agreement if your .realtor™ domain name is being used in association with any of these activities and/or morally objectionable activities or violates the .realtor™ Acceptable Use Policy. Morally objectionable activities include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which you conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and pornography in violation of any applicable law or statute; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way.
15. Malware Scans
You acknowledge and agree that RED or RED's registry serve provider ("RSP") may perform scans or other views of websites in the .realtor™ gTLD for the purpose of detecting malware, or as necessary to protect the integrity, security or stability of the gTLD ("Malware Scans"). In this regard, you grant RED and RSP all necessary licenses and consents to permit RED and/or RSP or its agent(s) to: (i) perform, in RED or RSP's unlimited and sole discretion, Malware Scans; (ii) collect, store, and process data gathered as a result of such Malware Scans; (iii) disclose the results of such Malware Scan (including all data therefrom) to RED and/or ICANN; and (iv) use the results of such Malware Scan (including all data therefrom) in connection with: (a) protecting the integrity, security or stability of the .realtor™ gTLD; and (b) providing reports and benchmarks based on aggregated data so long as the reports do not identify the TLD. You acknowledge and understand that the results of any Malware Scan identifying malware or potential malware shall not be deemed to be confidential or proprietary information of yours. You hereby disclaim any and all warranties, representations or covenants that such Malware Scan will detect any and all malware or that RED or RSP is responsible for notifying you of any malware or cleaning of any malware from any system or website, and indemnify, defend and hold harmless RED, NAR and RSP from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any malware, clean any malware, or the use of any data from Malware Scans. You are prohibited from entering into any settlement or compromise of any such indemnifiable claim without RED's, NAR's and RSP's prior written consent.
16. Governing Law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Ohio, as if the Agreement were a contract wholly entered into and wholly performed within the State of Ohio, and without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Ohio to the rights and duties of the Parties. Any action to enforce this Agreement or any matter relating to your use of a .realtor™ domain may be brought exclusively only in the United States District Court for the Northern District of Ohio (Eastern Division) or in the state courts of Cuyahoga County, Ohio, and each party to this Agreement expressly and irrevocably consents and submits to the jurisdiction and venue of such Courts, and courts of appeal therefrom, in connection with any such legal proceeding.
This Agreement, together with all documents incorporated by reference herein, and all amendments or modifications, constitutes the complete and exclusive agreement between you and RED regarding the subject matter hereof, and supersedes and governs all prior proposals, agreements, or other communications. NAR is a named third-party beneficiary of this Agreement, with full enforcement rights of its rights and other parties' obligations herein.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provision will be amended or construed so as to render it valid and enforceable and achieve, to the greatest extent possible, the objectives and intent reflected in the original provision. The provisions of Sections 2-18 of this Agreement shall survive the termination or other expiration of this Agreement.
Copyright 2014 Real Estate Domains LLC. All rights reserved. Reproduction without the express written permission of Real Estate Domains LLC is prohibited.