TERMS OF USE

Read this Terms of Use Agreement before using this website, http://www.ReillyRealtors.com.
This Terms of Use Agreement sets forth the standards of use of the Reilly Realtors, LLC Online Service. By using the http://www.ReillyRealtors.com website, owned and managed by Reilly Realtors, LLC, you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at http://www.ReillyRealtors.com.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

Reilly Realtors, LLC, through http://www.ReillyRealtors.com, is providing User with information about the Austin Texas area real estate market and neighborhoods, all of which is covered by this Terms of Use. Reilly Realtors, LLC also provides User with an Austin area residential real estate search covered under the Terms of Use provided by our search provider (please see http://www.mlsfinder.com/shared/terms_of_use.html). User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees related to such connection.

Disclaimer of Warranties

The site is provided by Reilly Realtors, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Reilly Realtors, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Reilly Realtors, LLC shall have no liability for any interruptions in the use of this Website. Reilly Realtors, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

REILLY REALTORS, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR REILLY REALTORS, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF REILLY REALTORS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

Indemnification

User agrees to indemnify and hold Reilly Realtors, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

Reilly Realtors, LLC reserves the right to modify or discontinue the Service with or without notice to the User. Reilly Realtors, LLC shall not be liable to User or any third party should Reilly Realtors, LLC exercise its right to modify or discontinue the Service. User acknowledges and accepts that Reilly Realtors, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by third-parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy and terms of use policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Listing Information

As noted on the Search Listings pages at http://www.ReillyRealtors.com:

“Information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Property locations as displayed on any map are best approximations only and exact locations should be independently verified.“

As noted on all Search Listings results pages:

“The data relating to real estate for sale on this web site comes in part from the Austin/Central Texas Realty Information Service (ACTRIS). All information deemed reliable but not guaranteed and should be independently verified. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) nor Reilly Realtors shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless.”

Governing Jurisdiction of the Courts of Texas

Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State of Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Texas.

Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, search query strings, interfaces, and the selection and arrangements thereof is ©2009 http://www.ReillyRealtors.com, with all rights reserved, or is the property of Reilly Realtors, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Reilly Realtors, LLC is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Reilly Realtors, LLC.

Reilly Realtors and http://www.ReillyRealtors.com are proprietary marks of Reilly Realtors, LLC. Reilly Realtors, LLC’s trademarks may not be used in connection with any product or service that is not provided by Reilly Realtors, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Reilly Realtors, LLC.

All other trademarks displayed on the http://www.ReillyRealtors.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Reilly Realtors, LLC.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Reilly Realtors, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Michael Reilly
By Telephone: 512.600.1800

Botnets

Reilly Realtors, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Reilly Realtors, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Reilly Realtors, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.