Terms of Service

Alliance Terms of Use

Effective Date: September 3, 2020

These Terms of Use (hereinafter “Terms”) were updated as of the Effective Date listed above. Your continued use of the Services constitutes your acceptance of these Terms and any applicable Services Addendum governing the particular Services provided to you by  Alliance pursuant to that Services Addendum. The Services are owned and operated by LGBTQ+ Real Estate Alliance (hereinafter “Alliance”). You may find a copy of our governing bylaws here

Fair Housing Act Compliance: NOTE: TO THE EXTENT IT IS APPLICABLE, Alliance complies with the Fair Housing Act as identified in Sec. 800, 42 U.S.C. 3601. Information, references or characteristics of an individual, identified for any reason, are done in compliance with the Fair Housing Act and as a necessary requirement for any organization operated by, and serving, minority populations. 

TERMS OF USE

These Terms constitute part of the Agreement regarding the Services between you and Alliance. These Terms provide important information to you, including information about your obligations when using the Services, about content you access through the Services, about content you contribute to the Services, and about the limits of our liability to you. By accessing, downloading, or using any portion of the Services, you signify that you accept these Terms. 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.

The Services are, in whole or in part, accessible through the Sites. Your use of and access to each Service is subject to these Terms and the terms of the applicable Services Addendum. Please review each applicable Services Addendum because your use of the corresponding Site and Service constitutes your agreement to the terms of the Services Addendum.

PLEASE NOTE: WHERE PERMITTED BY APPLICABLE LAW, WHEN YOU AGREE TO THIS AGREEMENT AND THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY CLAIM BETWEEN YOU AND A Alliance THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 2.13.9 BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION). THESE TERMS ALSO CONTAINS A CLASS ACTION WAIVER.

BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.

  1. Definitions.
    1. AAA” means the American Arbitration Association.
    2. AAA Rules” means the Consumer Arbitration Rules of the AAA.
    3. Agreement” means, collectively and as applicable to you, these Terms, the applicable Services Addendum, and all other applicable terms, conditions, and policies, including the Privacy Policy and Appendices, that we make available to you in connection with your use of the Services.
    4. Claim” means any dispute, controversy or claim arising between you and Alliance.
    5.  “Class Action Waiver” has the meaning set forth in Section 2.13.9.2 of these Terms.
    6. Feedback” means feedback, comments, and suggestions for improvements in connection with the Sites and Services. 
    7. Alliance” or “LGBTQ+ Real Estate Alliance” or “our” or “we” means, collectively or as applicable to you, the specific entity, and/or the affiliates of such entity, providing the Services as identified in the applicable Services Addendum.
    8. Services Addendum” means any applicable addendum incorporated by reference into this Agreement that contains additional terms and provisions concerning the respective Services.
    9. Services” means, collectively or as applicable to you, the Sites and services provided by Alliance pursuant to this Agreement and any applicable Services Addendum.
    10. Site(s)” means the websites and mobile applications maintained by or on behalf of Alliance through which Alliance may offer services.
    11. Terms” means these Terms of Use.
    12. Testing” has the meaning set forth in Section 2.13.6 of these Terms
    13. Third Party Content” means Your Content and any data, content, information, or other materials provided by a third party, including, without limitation (i) such content and information other users of the Services provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by Alliance’s Privacy Policy; and (ii) content and information posted or provided by our service providers, or any third party multiple listing service, broker, or agent.
    14. Third Party Sites” means third party websites.
    15. Your Content” means your Feedback and any data, content, information, ideas, comments, property information, listing information, photos, or other materials that you provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by Alliance’s Privacy Policy.

All other capitalized terms will have the meaning as provided elsewhere in this Agreement.

  1. GENERAL TERMS
    1. Who May Use the Services. To access and use the Services, you must be at least the age of majority in the state, province, or territory where you live or at least 18 years of age. If you are under the age of 18, you may not use the Services and you should not be visiting the Sites or using the Services. 
    2. Third Party Sites and Linked Materials. The Services may include links to Third Party Sites. You should review any applicable terms or Privacy Policy of a Third Party Site before using it or sharing any information with it, because you may give the third party permission to use your information in ways we would not. Alliance is not responsible for and do not endorse any features, content, advertising, products or other materials on or available through Third Party Sites, even if originally accessed via a link on the Sites.
    3. Intellectual Property Rights, License and Ownership.
      1. Alliance Intellectual Property. Except as otherwise provided in this Agreement, Alliance owns all right, title, and interest in and to the Services and all materials and information (including source code, data, text, images, and other content) contained on or in the Services, and you acknowledge that all such content is protected by copyright, trademark, and other laws of the United States and foreign countries.
      2. Limited License Granted to You. Alliance, grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Services so long as your use complies with this Agreement, the applicable Services Addendum and any other applicable policies. Unless you are otherwise explicitly granted permission, this Agreement does not grant you any right or license with respect to any trademarks, service marks, graphics, or logos.
      3. Restrictions. You may not modify, decompile, dissemble, reverse-engineer, reproduce, redistribute, create derivative works based upon, or attempt to commercially gain from your use or misuse of the Services, or any of their components, except as permitted by the Services. You may not use any meta-tags or other hidden text using the Alliance name, trademark, service mark, graphic or logo without Alliance’s specific written permission. You may not remove, obscure, or modify any copyright or other intellectual property notices that appear on or in the Services. You may not use the Services in any way that violates any law or regulation, this Agreement, any of Alliance policies, or any third party policy, that applies to you. You may not use the Services in any manner that harms Alliance, our service providers, our suppliers, other users of the Services, or any other person. We may revoke your permission to access and use the Services or terminate your access to and use of the Services, and we may block or prevent you from accessing the Services, in our discretion. If you violate these Terms or the Agreement, your permission to access and use the Services is automatically revoked.
      4. No Right to Reproduce. These Terms do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on Third Party Sites or otherwise.
      5. No Scrubbing or Scraping. You may not automatedly crawl or query the Services for any purpose or by any means (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) unless you have received prior express written permission from Alliance.
      6. Feedback. You may give Alliance Feedback. You hereby assign to Alliance all of your right, title, and interest in and to the Feedback. To the extent applicable law does not permit assignment of the Feedback, you hereby grant Alliance a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use the Feedback in any manner in which Alliance sees fit. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to your Feedback.
      7. Reservation of Rights. Except for the limited licenses granted in this Agreement, we reserve all of our rights, interests, and title in and to the Services.
    4. Your Content. You grant to Alliance a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, and perform and display publicly Your Content (excluding Feedback) in connection with provision of the Services to you or otherwise in connection with your permitted use of the Services. In addition to any of Your Content that is made available through the Services, we may share Your Content with our affiliates, service providers and/or subcontractors in order to deliver, develop, or improve the Services. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to Your Content. Notwithstanding anything in the Agreement to the contrary, Alliance has no obligation to store or display Your Content. Alliance may, but is not obligated to, monitor, modify, or remove Your Content at any time in their sole discretion. You agree that Alliance may promote and market Your Content in connection with the Services.
    5. Provision of Services and Communications with You. To access or use certain Services or features of the Services, you may need to register and create an account with Alliance. For purposes of responding to you and providing you with information and notices about your account or the Services, you agree that we may communicate with you through the contact information associated with your account. We have no liability rising from your failure to maintain accurate contact or other information, including, without limitation, your failure to receive critical information about the Services. When you request information from us, you are extending an express invitation for us to contact you.
    6. Forums. Alliance may offer forums where you can post your observations and comments on designated topics or on public boards. For certain Services, account holders can create forum topic threads. Alliance, in their sole discretion, may close or transfer threads, or modify or remove content from them. Please note that everything you share in a forum may be seen and used by other users of the applicable Services. Alliance is not responsible or liable for anything posted by non-Alliance persons on the forums nor is Alliance responsible or liable for monitoring the content or activities associated with the forums. Independent from the lack of obligation to monitor the Forums, Alliance, at its sole discretion, may delete posts on the Forums and limit individuals from posting on the Forums in the Future.
    7. Your Representations. You represent and warrant that (i) you have the ability to enter into this Agreement and grant all assignments, licenses, and permissions contemplated or contained herein; (ii) your use of the Services will be in compliance with all laws, regulations, this Agreement, Alliance’s policies, and third party policies, if and as applicable to you; (iii) Your Content and any Feedback are original to you and do not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person; (iv) Your Content and any Feedback do not contain any obscene, libelous, defamatory, abusive, or inappropriate content; and (v) our use of Your Content and any Feedback you provide will not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person.
    8. Termination. If you have created an account to access the Services, you may deactivate your account at any time by either modifying one’s account to a free account, or completely deleting the account all together.  You hereby acknowledge and agree that Alliance reserves the right at any time to modify or discontinue the Services, in whole or in part, with or without notice, and that Alliance will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance. Alliance, at its sole discretion may terminate your Account and/or limit/prohibit your future use of the Sites.
    9. Indemnification. You agree to defend, indemnify, and hold Alliance, and its respective agents, employees, directors, officers and representatives harmless from and against all claims and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (a) your failure to comply with applicable laws, regulations, this Agreement, Alliance’s policies, and third party policies, if and as applicable to you; (b) Your Content and Feedback; (c) Alliance’s use of Your Content and Feedback as contemplated or permitted under this Agreement; or (d) any activity in which you engage on or in the Services.
      1. This indemnification further extends to  any personal or professional relationship created through use of the Sites. Any individual’s decision to communicate, contract or otherwise interact with anyone else, through the Services or otherwise, are not the responsibility of Alliance. 
    10. Disclaimers. Alliance PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Alliance DOES NOT CONTROL OR VET THIRD-PARTY CONTENT FOR ACCURACY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Alliance DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS REGARDING THE SERVICES AND Alliance AND ITS SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL IMPLIED WARRANTIES, CONDITIONS, AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT.

ALLIANCE is not responsible for any errors in displayed information or delays in displaying information ON THE SITES, including without limitation any THIRD PARTY CONTENT. ALLIANCE TAKES NO RESPONSIBILITY NOR ASSUMES ANY LIABILITY FOR ANY THIRD PARTY CONTENT. ANY USE OR RELIANCE ON ANY THIRD PARTY CONTENT OR OTHER INFORMATION ON THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES IS AT YOUR OWN RISK, INCLUDING INFORMATION PROVIDED BY OR FOR ALLIANCE. ALLIANCEIS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR ANY CONTENT OR INFORMATION PROVIDED BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, A MULTIPLE LISTING SERVICE OR AN AGENT PROVIDING INFORMATION TO ALLIANCE.

ALLIANCE IS NOT RESPONSIBLE FOR, AND ALLIANCE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY CONTENT) SENT THROUGH THE SERVICES. ALLIANCE HAS NO OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING ITS SERVICES, NOR DOES ALLIANCE HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES. ALLIANCE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.

ALLIANCE MAKES NO GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND ALLIANCE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS.

THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

THE VIEWS EXPRESSED ON THE SERVICES IN THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, POSTS TO FORUMS, DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF ALLIANCE. ALLIANCE IS NOT RESPONSIBLE FOR, AND DISCLAIMS ANY AND ALL LIABILITY IN RELATION TO THIRD PARTY CONTENT.

    1. Limitations of Liability. IN NO EVENT WILL ALLIANCE OR ANY OF THEIR AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS, THE AGREEMENT, OR YOUR USE OF THE SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST ALLIANCE, ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT FOR SUCH SERVICES, IF APPLICABLE, AND/OR DISCONTINUE USING THE SERVICES.
    2. Copyright and Intellectual Property Policy. Alliance respects the intellectual property rights of others and expect our users to do the same. Alliance’s Copyright Policy is addressed in section 2.13.10.
    3. General Terms.
      1. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
      2. Notices. You may contact Alliance by emailing info@realestatealliance.org.
      3. Amendments to The Agreement. We may update the Agreement, including these Terms, at any time, in our sole discretion. If we do so, we will let you know either by posting the updated Agreement on the Sites or through other communications. It is important that you review the Agreement, including these Terms, whenever we update it or you use the Services. If you continue to use the Services after we have posted an updated Agreement, you are agreeing to be bound by the updated Agreement. If you do not agree to be bound by the updated Agreement, then, except as otherwise provided in Section 2.13.9, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
      4. No Waiver. Our failure to act with respect to a breach of this Agreement or any term or condition herein by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
      5. Assignment and Delegation. You may not assign or delegate any rights or obligations under this Agreement. Any purported assignment or delegation by you shall be ineffective. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially, without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, a corporate entity for any third party that assumes our rights and obligations under this Agreement.
      6. Alpha and Beta Testing. The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that we may conduct (“Testing“). Except to the extent otherwise provided in another agreement between you and Alliance, your participation in any Testing and use of any data, content, information, or other materials in connection with such Testing shall be subject to this Agreement.
      7. International Matters. Unless otherwise stated in the applicable Services Addendum, Alliance is controlled and operated from United States offices. We make no representation that the Services are appropriate or available for use in any particular country or location. If you choose to access, view, or use the Services, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable. No Services, including software, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule, regulation, or export or import control.
      8. Governing Law. Except as otherwise provided in Section 2.13.9, you hereby accept and submit to the personal jurisdiction of the applicable courts in the State of Minnesota, County of Hennepin. In accordance with this Section 2.13.8 with respect to any legal actions, suits or proceedings, and waive any jurisdictional or venue defenses otherwise available. 
      9. Dispute Resolution. THIS SECTION 2.13.9 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IS VOID WHERE PROHIBITED BY LAW. This arbitration provision shall survive termination of the Agreement.
        1. Informal Negotiations. To expedite resolution and reduce the cost of a Claim, you and Alliance agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address shall be any address you have proved to Alliance, including an email address. If necessary, to preserve a Claim under any applicable statute of limitations, you or Alliance may initiate arbitration while engaging in the informal negotiations.
        2. Binding Arbitration and Class Action Waiver**. Subject to Section 2.13.9.3, you Alliance agree that any Claim between you and Alliance will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. This Section 2.13.9 is governed, in all respects, both procedurally and substantively, by the American Arbitration Association. You and Alliance agree that you are each waiving the right to a trial by jury or to participate in a class action. 

YOU AND Alliance AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

SUBJECT TO THE ABOVE THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO CLAIMS COVERED BY THIS AGREEMENT.

If any other provision of this Section 2.13.9 requiring that Claims be brought only on an individual basis and not on a class, collective, or representative basis, is determined to be invalid or unenforceable with respect to any particular Claim, then that Claim shall not proceed in arbitration but rather will be resolved in a court of competent jurisdiction subject to Section 2.13.8. If that happens, however, the arbitration provisions in this Section 2.13.9 will still be fully enforceable as to all other Claims, which must be resolved in arbitration on an individual basis. Any arbitrable Claims will be resolved before non-arbitrable Claims, which the parties will jointly request to be stayed pending the conclusion of arbitration.

        1. Exceptions Nothing in this Section 2.13.9 precludes any party from filing or participating in administrative proceedings before state, provincial/territorial, or federal agencies to address alleged violations of law enforced by those agencies. Further, to the extent a party would have to file a timely administrative charge or complaint as a prerequisite to filing a Claim in court, the party must do the same before submitting a Claim to arbitration under this Agreement. Upon receipt of a right-to-sue letter or similar administrative determination, however, the Claim can only be resolved in individual arbitration pursuant to the terms of this Agreement.

This Section 2.13.9 also does not prevent any party from applying to a court of competent jurisdiction for any interim or provisional relief available under the law that is necessary to protect the rights of that party, pending the establishment of the arbitral tribunal. This Section 2.13.9 further does not prevent any party from filing any Claim that otherwise qualifies in small claims court on an individual basis.

        1. Equitable Remedies. Except for individual Claims brought in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or Alliance, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim. To the extent that you or Alliance prevail on a Claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction, subject to Section 2.13.8 and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.
        2. Rules and Logistics Governing Arbitration. The arbitration will be conducted by the AAA under its AAA Rules then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.

If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

        1. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. 
        2. Delivery of Demand for Arbitration. A demand for arbitration must be in writing and delivered by hand or first-class mail to the other party within the applicable statute of limitations period. Any demand for arbitration shall be provided to Alliance pursuant to Section 2.13.2. Any demand for arbitration made by Alliance shall be provided to the last address on file with Alliance. The arbitrator shall resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
        3. Effect of Changes on Arbitration. Notwithstanding Section 2.13.3 above, if we change any of the terms of this Section 2.13.9 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@realestatealliance.org within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and Alliance in accordance with the terms of this Section 2.13.9 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
      1. Digital Millennium Copyright Act (“DMCA”) Alliance respects the intellectual property rights of others and expects you to do the same. Per the DMCA, Alliance will respond expeditiously to claims of copyright infringement on the Site if submitted to Alliance’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Alliance will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.

If you believe that your intellectual property rights have been violated by Alliance or by a third party who has uploaded materials to the Site, please provide the following information to Alliance’s designated Copyright Agent listed below:

        1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
        2. A description of where the material that you claim is infringing is located on the Site;
        3. An address, telephone number, and e-mail address where Alliance can contact you and, if different, an e-mail address where the alleged infringing party, if not Alliance, can contact you;
        4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
        5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
        6. Your electronic or physical signature.

Alliance may request additional information before removing any allegedly infringing material. In the event Alliance removes the allegedly infringing materials, Alliance will immediately notify the person responsible for posting such materials that Alliance removed or disabled access to the materials. Alliance may also provide the responsible person with your e-mail address so that the person may respond to your allegations. 

Alliance reserves the right to terminate, limit or suspend any user’s access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact Alliance’s Copyright Agent. 

Alliance registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Alliance’s designated Copyright Agent is:

Zaylore Stout & Associates

333 Washington Ave. S. Ste. 300

Minneapolis, MN 55401

      1. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
      2. Member/Partner-Only Access Some portion of the Sites may only be accessed by Members of Alliance, you must first register for access. Member/Partner are subject to additional bylaws and are bound by those IN ADDITION to these Terms.
      3. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
      4. Entire Agreement. You agree that this Agreement constitutes the entire, complete, and exclusive agreement between you and Alliance regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or receive certain Services, which are reflected in the applicable Services Addendum or otherwise communicated to you by Alliance.

By using our Sites, you agree to the PRIVACY POLICY and this TERMS OF USE.

Updated September 2020.

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