ILR Terms and Conditions

1. Introduction

Welcome to the Inspired Living Realty, LLC (“ILR”) website (“Site”). Please be assured that we have put in place a set of carefully crafted Terms of Use that will govern your access and use of the Site.

We are confident that you will find these Terms of Use to be fair and reasonable. Your access to, and use of the Site, including the materials and information accessible on and from the Site, constitute your agreement to accept and comply with these Terms of Use. We reserve the right to modify these Terms of Use in the future, and you agree to accept any such modifications.

For your further understanding of the rules governing the Site, we encourage you to also review ILR’s Privacy Policy. If you do not agree with these Terms of Use, you are not permitted to access or otherwise use the Site. However, we believe that you will be pleased with the value we provide on the Site, and we look forward to your continued use.

Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you must discontinue using the Site.

1. License and Use Restrictions

2.1 Pursuant to the unequivocal terms and conditions of these Terms of Use, ILR hereby confers to you an unwavering, non-transferable, and restricted license to access and utilize the Site and the data ILR graciously provides to you (“Licensed Materials”) for the following purposes:

• Publicize your exceptional personal services to your esteemed clients and prospects
• Expedite your respective real estate transactions
• Aid in the cultivation and empowerment of other authorized ILR users

2.2 ILR’s grant of license under Section 2.1 is specifically conditioned on your assurance that you will not offer or provide products containing any Licensed Materials or information derived from them to the general public or others for sale or otherwise, including through unrestricted access to any Website, newsletter, advertisement, or other communication. Instead, you will only make the Licensed Materials or information derived from them available in a manner consistent with your level of access in accordance with the ILR Authorized Website User Access Policy, subject to the following conditions:

• All use of the Licensed Materials and all products and materials derived from them is on an “AS IS”, “AS AVAILABLE” basis.
• ILR and its licensors shall not be liable for any claim or loss resulting from the content of, errors or omissions in, or the end user’s use of the information contained in or retrieved from the Licensed Materials.
• Any use of the Licensed Materials is subject to these Terms of Use.

2.3 The license granted in these Terms of Use only applies to products and services expressly specified in Section 2.1. Any other use of the Licensed Materials requires prior written consent from ILR. Please note that the following are specifically excluded from the license:

• Selling, distributing, sub licensing, creating marketing/lead generation lists, or making derivative works of any of the Licensed Materials, or any portion thereof, in bulk to any person or entity without the prior written consent of ILR, directly or indirectly.
• Providing the Licensed Materials to any party for commercial resale or for any purpose other than such party’s internal use.

We take the protection of our intellectual property seriously and appreciate your understanding on this matter.

2.4 You are solely responsible for ensuring that your use of the Licensed Materials complies with all federal, state, and local laws and regulations.

2.5 You agree to keep the log-in password(s) associated with accessing the Site confidential. You are solely responsible for maintaining the security of your username and password. If you suspect that your username or password is being misused, please contact ILR immediately at [email protected].

2.6 Without the express written consent of ILR, no portion of the Site may be reproduced, duplicated, or copied. You may not, under any circumstances, reverse engineer or decompile any of the software or algorithms available on the Site. This license does not include the right to grant access, directly or indirectly, to any third party.

2.7 The systematic retrieval of information from the Site is expressly prohibited. ILR reserves the right to implement limitations on the amount of information that can be provided to you.

2.8 The Licensed Materials are not to be used for any purpose covered by the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) (“FCRA”), Federal Trade Commission interpretations of the FCRA, or similar state statutes.

2.9 The license in Section 2.1 allows for the use of the “Mailing Labels” functionality provided by ILR. This feature permits the exportation of property information for the creation of mailing labels, which can be utilized for effective lead generation and marketing purposes. It is important to note that the exportation of property information is limited to 2,000 properties per month. It is your responsibility to ensure strict compliance with all federal, state, and local laws and regulations.

1. Warranties

3.1 ILR warrants that the Licensed Materials will be current and complete, utilizing the source data licensed by ILR in the ordinary course of its business. Please understand and agree to the following terms:

If you encounter any perceived errors in the Licensed Materials, please notify ILR. We will promptly research the matter(s) and make necessary corrections to the Licensed Materials.

3.2 Please note that any home valuation provided through the Site has been generated using proprietary computer software that assembles publicly available property records and certain proprietary data. While we take great care to provide accurate and reliable valuations, it is important to understand that these valuations have not been prepared, evaluated, or reviewed by a licensed, professional appraiser. As such, we strongly recommend that you do not rely on them as a substitute for an appraisal report of the market value of the subject property prepared by a licensed professional appraiser.

3.3 ILR provides the Licensed Materials and the medium they are provided to you on an “as is”, as available basis. With respect to the Licensed Materials and the medium on which they are provided to you, ILR expressly disclaims all warranties, express or implied, including without limitation, warranties of merchantability and fitness for a particular purpose, unless otherwise expressly stated herein. No oral or written information or advice given by ILR or any of its employees or representatives will create a warranty or in any way increase the scope of the warranties to you provided herein.

1. Limitations of Liability/Indemnification

4.1 We want to be clear about our liability. Unless stated otherwise in these Terms of Use, neither ILR nor any of its affiliated companies, officers, directors, employees, agents, subcontractors, successors, or assigns will be held liable for any loss, injury, claim, liability, or damage of any kind resulting from:

• Errors or omissions in the Licensed Materials
• Your use of the Licensed Materials, or any party’s use of the Licensed Materials that they received from you directly or indirectly
• The content of the Licensed Materials provided by ILR through the Site and under these Terms of Use

You can trust that we stand by our products and services, but we cannot be held responsible for any unforeseen consequences.

4.2 ILR’s liability is limited to your exclusive remedy with respect to any dispute with ILR, which is to discontinue your use of the Site. You can rest assured that you are protected by applicable law, and ILR, its parent NAR, any subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, and assigns are confident in their ability to deliver quality service. Therefore, you hereby waive, disclaim, and release all claims of any kind, including but not limited to actual, direct, indirect, incidental, consequential, punitive, or exemplary damages, attorneys’ fees and costs, or claims for interest, even if ILR is advised of the possibility of such damages. You acknowledge that this release is related to, in connection with, or arising from, directly or indirectly, your access to (or inability to access) the Site or the use of any material or information contained on or provided through the Site, and is subject to these Terms of Use.

4.3 You agree to defend, indemnify, and hold harmless ILR, its licensors, and their respective directors, officers, employees, parents, and agents from and against all claims, liabilities, losses, damages, obligations, costs, and expenses, including, without limitation, attorneys’ fees, arising out of or related to:

• Your access to the Site
• Your use of the Licensed Materials in violation of these Terms of Use
• Any actual or alleged violation or breach by you of these Terms of Use
• Any actual or alleged breach of any representation, warranty, or covenant that you made to ILR
• Your acts or omissions, including, without limitation, the infringement or other violation by you of any intellectual property or other right of any person or entity

ILR has the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, and only in such an event, will you have no further obligation to provide indemnification for ILR in that matter.

1. Intellectual property

Ownership and Use of Content

5.1 RPR asserts its right and title, including any applicable copyright, to the arrangement of the content on the Site.

5.2 You acknowledge that ILR has invested significant time, effort, and funds to compile the Licensed Materials. Title to the Licensed Materials will always remain with ILR, including its licensors, and you will have no rights therein except as provided in these Terms of Use.

5.3 ILR permits you to use its name, logo, links, and brand only in conjunction with the products and services provided to you as an authorized user of ILR. You are not authorized to alter or remove these marks from any Licensed Materials.

5.4 ILR has agreements with third-party licensors that may require the display of the licensors’ brand marks or copyright notices on certain content. You are not authorized to alter or remove these marks from any Licensed Materials.

1. Privacy and Data Collection

You must comply with the Privacy Policy on the ILR Site and all applicable privacy and information security laws, including security breach notification laws. Access to the Site requires browser cookies, including third-party cookies. By using the Site, ILR may collect usage data from you in accordance with the Privacy Policy and may use such data for internal purposes and for incorporation into ILR’s products and services.

1. User Generated Content

ILR has the authority to revise information related to properties displayed on the Site (User Generated Content). When you post User Generated Content to the Site, you are granting ILR, its parent, subsidiaries, affiliates, and third-party licensees a nonexclusive, perpetual, irrevocable, sub-licensable, royalty-free license to utilize, store, display, publish, transmit, transfer, distribute, reproduce, aggregate, and create derivative works of the User Generated Content for any purpose in any form, medium, or technology, whether known or later developed. Please note that the provisions of this Section 7 are intended to apply exclusively to User Generated Content, and not to information provided through the Multiple Listing Service in which you participate. This information is governed by a separate agreement between the Multiple Listing Service and ILR. As a result, ILR cannot be held liable for any User Generated Content.

1. Termination

ILR reserves the right to restrict, suspend, or terminate your access to the Site at any time. This may occur:

• Immediately upon notice to you if you fail to remain in good standing with NAR, or are no longer a participant or subscriber of a cooperating MLS.
• Immediately upon notice to you if you are using the Licensed Materials (or any portion thereof) in any way other than as expressly permitted by these Terms of Use.
• Immediately upon notice to you if you breach these Terms of Use.

1. Arbitration

9.1 The parties will make a good faith effort to resolve any disagreement or claim arising from these Terms of Use or any breach thereof, by discussing the matter in a friendly manner. If within thirty (30) days of receiving notice of the disagreement, claim, or breach (the “Consultation period”), a resolution cannot be reached, the disagreement or claim will be resolved through binding arbitration conducted by a single arbitrator who possesses expertise in commercial law and information/database licensing. The arbitration will be conducted in accordance with the applicable Commercial Arbitration Rules of the American Arbitration Association, and any court with jurisdiction may enter judgment based on the arbitrator’s award. Each party will be responsible for paying its own expenses and costs, including legal fees and expenses, related to the arbitration. The arbitrator cannot award punitive damages, except in cases of intentional misconduct.

9.2 Section 9.1 does not prohibit either party from seeking an equitable remedy or initiating legal action.

1. Confidentiality

When utilizing the Site, it is imperative that you understand the authorized uses outlined in Section 2.1 of these Terms of Use. As such, you are accountable for upholding the confidentiality of any Licensed Materials used during this process.

1. Updates and Revisions to terms of Use and Site

ILR reserves the right, at any time, to modify or discontinue the Site (or any part thereof) with or without notice to you. You acknowledge that ILR will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. Furthermore, ILR may update and/or revise these Terms of Use at any time, and from time to time, with or without notice to you, and you agree to be bound by such updates, modifications, and/or revisions. These updates and revisions will be incorporated from time to time into these Terms of Use, and it is your responsibility to review these Terms of Use periodically to ensure compliance if you continue to use the Site after such terms of use have been updated. To the extent notices are issued, you confidently agree to accept notices electronically.

1. Injunctive Relief

You recognize that any use of the Licensed Materials that does not comply with the terms of these Terms of Use, or any breach of the restrictions imposed on its use of the Licensed Materials, would cause irreparable harm to ILR, for which there would be no adequate remedy available in law. Therefore, you agree that in the event of such a breach, ILR will be entitled to immediate injunctive relief (temporary, preliminary, or permanent, as the case may be) against you, in addition to such other rights and remedies available under the law. If such an injunction is issued, you will be responsible for the reasonable expenses incurred by ILR in obtaining such an injunction, including, but not limited to, reasonable attorneys’ fees.

1. Miscellaneous

13.1 We want you to know that the provisions of these Terms of Use that address disclaimers of representations and warranties, limitation of liability, indemnity obligations, intellectual property, injunctive relief, arbitration, and governing law will survive the termination of these Terms of Use. You can be confident that we have taken care to ensure that these important provisions will remain in effect even after the Terms of Use have ended.

13.2 We believe in transparency and honesty, and that’s why we want you to know that these Terms of Use constitute the entire agreement between ILR and you regarding the subject matter of these Terms of Use and supersede all previous written or oral agreements. We are based in the State of Illinois and we follow the laws of this state, without regard to its conflict of laws rules. By using our Site, you agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your use of the Site resides in the courts located in the County of York, in the State of South Carolina and/or the courts located in the County of Mecklenburg, in the State of North Carolina, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. We understand that some jurisdictions may have different laws, so this provision may not apply to you depending on where you are.

If ILR fails to insist upon or enforce strict performance by you of any provision of these Terms of Use or to exercise any right under these Terms of Use, rest assured that such a failure will not be construed as a waiver or relinquishment to any extent of ILR’s right to assert or rely upon any such provision or right in that or any other instance. Finally, the section headings used herein are for convenience only and will not be given any legal import.

13.3 The Site is controlled by or on behalf of ILR within the United States of America. ILR confidently asserts that the material and information on the Site are appropriate and available for use only in the US, and access to them from territories where such material and information is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

13.4 ILR firmly believes that each and every term and provision of these Terms of Use is lawful, valid, and enforceable. In the rare event that any one or more of the terms or provisions of these Terms of Use is deemed unlawful, void, or unenforceable by any court in any jurisdiction, then any such term(s) or provision(s) will be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions.

13.5 ILR asserts that these Terms of Use constitute the entire agreement of the parties relating to the subject matter hereof, and supersede all prior communications, understandings, and agreements, oral or written.

1. DMCA Disclaimer

If you believe that any aspect of the Site infringes on your copyright, you have the right to file a notice of claimed infringement. Pursuant to the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code 512, the notice should contain the following information:

• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Rest assured that we take copyright matters very seriously and will investigate any reported infringement promptly and thoroughly.

Send the notice to:

Address: 1646 W Hwy 160, 105-190 Fort Mill SC 29708

Phone: 704.575.2736

Email: [email protected]