Terms of Use

Thank you for visiting the Utah Association of REALTORS® (“UAR”) website www.utahrealtors.com(“Site”).

These Terms of Use (“Terms”) govern how you may access and use the Site and your responsibilities when doing so. The UAR’s Privacy Policy explains how the UAR and NAR may use any personal information shared by you. By accessing www.utahrealtors.com, you agree to these Terms and the UAR’s Privacy Policy, so please take a moment to carefully review these documents. If you are accessing this Site on behalf of an organization, then you agree to these Terms and the Privacy Policy on behalf of that organization. If you do not agree to these Terms, you may not use this Site.

Other sections of the Site may have additional rules and regulations that are specific to that particular section and will be accessible to you in such sections.

Modifications

The UAR may modify these Terms from time to time. Any modifications to the Terms will be effective once posted to the Site. If you access or use the Site after the Terms have been modified, your continued access and use will constitute acceptance of all modifications.

NAR’s REALTOR® Trademarks

NAR is the exclusive owner of the REALTOR®, REALTORS®, REALTOR® Block “R” Logo, and other REALTOR® trademarks. The REALTOR® trademark has one meaning only: a registered collective membership mark which may be used by real estate professionals who are members of NAR and subscribe to its strict Code of Ethics. The REALTOR® trademarks are not synonymous with real estate agent, real estate broker, or real estate professional. NAR will enforce against any misuses of its trademarks. Members may use the REALTOR® trademarks provided they follow NAR’s trademark rules. Members can find NAR’s Membership Marks Manual here. If you have a question about proper use of the trademarks, please feel free to contact NAR at trademark@realtors.org.

UAR’s Content and Intellectual Property

Any information or content shared on the Site is for informational purposes only and does not constitute legal or professional advice. Please consult with an appropriate professional for any professional advice you need, for example, legal or accounting advice.

The UAR, NAR, or its partners created the text, images, video, graphics, content, and materials (“Materials”) available through the Site. All Materials are protected by all applicable copyright and trademark laws. UAR, NAR, or the party credited owns the Materials, and all rights in the Materials are expressly reserved. Use of NAR materials are subject to NAR’s Reprint Policy, which describes in detail how you may use the materials. Please review that document before using those materials. Any use not described in the Reprint Policy is prohibited.

Your Conduct

UAR hopes this website will promote and facilitate a meaningful exchange of information on issues in the real estate industry. In order to ensure a safe and civil environment, the UAR expects you to conduct yourself in a respectful and law-abiding manner when using the Site. You may not:

  • Use the Site to advertise or promote real estate listings or real estate services;
  • Use the Site to send unsolicited communications or promotions, also known as “spam”;
  • Use the Site to promote or advertise products or services;
  • Use the Site in any way that violates local, state or federal laws;
  • Upload or share materials that are illegal, fraudulent, defamatory, libelous, misleading, threatening, profane, or obscene;
  • Take any action that will disrupt or interfere with operation of the Site, which includes use of any robot, spider, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Site;
  • Violate the privacy or infringe the rights of others, including intellectual property rights;
  • Use inflammatory, offensive or inappropriate language;
  • Impersonate other persons.

Your Content

In certain areas of the Site, you can choose to upload content that will be publicly displayed. Please be thoughtful when choosing to do so, since content available online is easily shared and captured.

If you choose to share content on the Site, you warrant and represent that you are the owner of the content or you are permitted to use the content in such manner. You may not post any content to the Site that you do not own or are not permitted to use. The UAR respects the intellectual property rights of others and expects you to do the same.

By submitting any content, you grant to the UAR a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, create derivative works of, and publicly perform such content for any purpose related to the Site and the services provided through the Site.

The UAR will review all content submitted prior to public posting on the Site. If approved, the content will be posted within a reasonable timeframe. The UAR may refuse to post any content for any reason whatsoever. For example, the UAR may not approve content that contains offensive language, is not relevant to the original post, or is a commercial endorsement. Also, the
UAR may remove any content for any reason whatsoever. This means that even if your content was initially approved by the UAR, the UAR may remove it at a later date.

If you choose to upload content to the Site, you agree to indemnify and hold the UAR harmless from any and all liability, damages or expenses whatsoever due, directly or indirectly, to any cause of action arising out of the Content posted by you.

Members-Only Access

Some portions of the Site may only be accessed by members of the UAR. If you are a member of the UAR, you must first register for access. You will need to select a username and password. You are responsible for your username and password, and the activities that occur on the Site under your username and password, so please be careful with how you store and share that information.

You are also responsible for providing the UAR with accurate and complete registration information, including updating such information as it changes.

Emails

You may have the opportunity to provide your email address to the UAR, for example, by registering for members’-only access. If you share your e-mail address with the UAR through the Site, the UAR may send e-mails to you about a variety of subjects, such as updates to the Site or the UAR’s products, services, events and programs. By providing your e-mail address to the UAR, you consent to receiving these e-mails from the UAR. You will have the option of unsubscribing from the UAR’s e-mail list(s) through a link included in the UAR’s e-mails.

Third-Party Links

This Site includes links to websites that are not owned or operated by the UAR. These links are provided as a convenience and do not constitute the UAR’s endorsement of the linked-to website or its owner. Please be aware when you leave the Site because the UAR’s Terms and Privacy Policy will no longer apply to your activities. Third-party websites will likely have their own terms of use and privacy policy, which the UAR has no control over.

Third-Party Advertisers and Vendors

Third-party vendors may advertise, offer products or services for sale, or host promotions on the Site. If you choose to purchase any product or service or enter any promotion, the terms of that purchase or promotion are between you and the third-party vendor. The UAR does not make any representation or warranty about third-party products, services, or promotions available through the Site. The UAR disclaims all liability for any losses or damages stemming from any purchase or promotion offered by a third-party vendor.

SITE PROVIDED “AS IS”

The UAR hopes your visit to the Site is informative and entertaining; however, there are certain things that the UAR cannot guarantee. THIS SITE IS PROVIDED BY THE UAR ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE UAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USABILITY, CONDITION OR OPERATION OF THIS SITE, OR THAT ACCESS TO OR USE OF UTAHREALTORS.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR AS TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE UAR DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPARABILITY, SECURITY AND ACCURACY.

Some jurisdictions do not permit the disclaimer of certain warranties, so the above disclaimers may not apply to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE UAR, ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES. THE UAR SHALL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES; DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE; DAMAGES RELATING TO ANY THIRD-PARTY CONDUCT OR CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT NAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not permit the limitation or exclusion of certain liabilities, so the above limitations and exclusions may not apply to you.

Termination

You may stop using the Site at any time. The UAR may suspend or terminate the Site at any time at the UAR’s discretion and without notice. The UAR may also terminate, limit, or suspend your
access to the Site for any reason at any time and without notice. For example, theUAR may terminate your access to this Site if you are not complying with these Terms or if the UAR determines that you are a repeat infringer of third-party intellectual property rights.

International Visitors

NAR’s International REALTOR® Member network extends worldwide, and the UAR welcomes visitors to the Site from across the world. The UAR’s operations are, however, located in the United States and its policies and procedures based on United States law. If you are located outside of the United States, you consent to the transfer, storage, and processing of your information, such as registration information or email addresses, in the United States. Additionally, if you are accessing the Site from a country embargoed by the United States, you agree to not engage in any commercial activities, including financial transactions, using or through the Site.

Governing Law

These Terms are governed by the laws of the State of Utah, without reference to conflicts of laws. Regardless of your location, any disputes that arise under these Terms will be litigated before a court in Salt Lake County, Utah.

Entire Agreement

These Terms constitute the entire agreement and understanding between the parties with respect to their subject matter and may not be contradicted by evidence of any prior or contemporaneous oral or written agreement. These Terms create no third-party beneficiary rights.

Dispute Resolution

If any legal dispute results from the use of the Site or its terms of use, the disputing parties agree to seek alternative dispute resolutions (specifically informal, direct communication; mediation; or arbitration) in lieu of filing a lawsuit or other remedy. The authorized principals involved in the dispute agree to attempt to first settle the dispute informally through direct communication. Second, if within a reasonable time no settlement is reached, the parties agree to attempt to settle the dispute through non-binding mediation. The parties shall agree on a mediator and each party shall pay their own costs while dividing the shared mediation expenses equally. If the parties cannot voluntarily agree on a mediator, the rules of the American Arbitration Association (the “AAA”) shall apply in selecting the mediator. Third, if mediation is unsuccessful at settling any part of the dispute, the unresolved issues shall be submitted for binding arbitration through the AAA. The parties agree that any alternative dispute resolution techniques, meetings, mediations, and arbitrations shall take place in Salt Lake County, Utah.

Miscellaneous

The UAR’s or your failure to exercise any right provided for in these Terms shall not constitute a waiver of any rights under these Terms. If any provision of these Terms is found to be unenforceable, such unenforceability will not affect the validity of the remaining provisions. You may not assign any of your rights under these Terms. The UAR may assign its rights under these Terms in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of these Terms.