Terms of Use

GRAR.ORG (THIS "SITE") IS THE WEBSITE OF THE GREATER ROCHESTER ASSOCIATION OF REALTORS®, INC. ("GRAR") AND ITS PARTNER, UPSTATE NEW YORK REAL ESTATE INFORMATION SERVICE, INC. ("UNYREIS").  GRAR AND UNYREIS ARE REFERRED TO HEREINAFTER COLLECTIVELY AS “WE”, “US” OR “OUR”.

YOUR USE OF THIS SITE IS GOVERNED BY THESE TERMS OF USE AND, IF APPLICABLE, THE MEMBER MLS AGREEMENT.  BY ACCESSING OR USING THIS SITE OR SERVICES AVAILABLE ON THIS SITE, YOU ACKNOWLEDGE YOUR RECEIPT AND ACCEPTANCE OF THE FOLLOWING TERMS OF USE, AS AMENDED FROM TIME TO TIME.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE OR ACCESS THIS SITE.

  1. Trademarks and Copyrights.  The trademarks, trade names, logos and service marks displayed on this Site (collectively, "Marks"), including, but not limited to, the names "Greater Rochester Association of Realtors, Inc.", "GRAR", "Upstate New York Real Estate Information Service, Inc.", "UNYREIS", "HomeSteadNet.com", “Time2Buy”, “CareerExcellence”, and the names of any and all GRAR and UNYREIS services and products referenced on this Site, are either registered or common law trademarks, trade names, or service marks and are our property or the property of our affiliates and/or third-parties.  You are prohibited from using any such Marks without our prior written permission or the written permission of the third-party who owns any such Mark.  This Site and all of its contents and materials are copyright protected.  Nothing on this Site shall be construed as conferring any license or right to use any of the Marks or any of our or a third-party’s intellectual property without our written permission or that of such other party who may own such Marks or rights.  Any reproduction, modification, distribution, transmission, republication or display of the content of this Site is strictly prohibited.
  2. Software. Any software ("Software") that is made available on this Site or for download from this Site is the copyrighted work of GRAR, UNYREIS, their respective suppliers and/or third-parties.  Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies the Software (the "License Agreement").  Unless expressly provided in the License Agreement to the contrary, WE DISCLAIM ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT AND IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO SUCH SOFTWARE.
  3. Third-Party Materials.  LINKED WEB SITES, ADVERTISING BANNERS, AND OTHER THIRD-PARTY MATERIALS (COLLECTIVELY, "THIRD-PARTY MATERIALS") ARE NOT UNDER OUR CONTROL.  WE ARE NOT RESPONSIBLE FOR ANY CONTENT, FUNCTIONS, OR PERFORMANCE OF ANY THIRD-PARTY MATERIALS, WHETHER FOUND ON, OR LINKED THROUGH, THIS SITE OR FOR ANY ACTS/OMISSIONS OF ANY THIRD PARTY.  WE PROVIDE THIRD-PARTY MATERIALS ONLY AS A CONVENIENCE AND DO NOT VERIFY THE ACCURACY OF ANY THIRD-PARTY MATERIALS.  THE INCLUSION OF ANY THIRD-PARTY MATERIALS ON THIS SITE DOES NOT IMPLY OUR ENDORSEMENT OF SUCH THIRD-PARTY MATERIALS.
  4. Privacy Policy.  By using this Site and providing any data, you consent to the collection and use of such data in accordance with our Privacy Policy. In addition, we expressly reserve the right to use all data generated in connection with this Site in any manner that is consistent with our Privacy Policy, as it is amended from time to time.
  5. Property Listings. We require members who list property on this Site to provide accurate and complete information about the properties.  However, we do not monitor or verify the accuracy, completeness or reliability of any such information.  You are required to verify all information.  You should consult a real estate professional for assistance.  We are not liable for any damages or harm you may incur as a result of the inaccuracies or incompleteness of any such information.  Please read the No Warranty and Liability Limit sections below.  If you believe that any information posted on this Site is inaccurate or misleading, please contact us.
  6. Access, Use and Interference.  We grant you a revocable, nonexclusive license to access and use this Site for your own informational, personal and, unless authorized by us in writing, non-commercial use. You may only use this Site for legitimate legal purposes.  You warrant to us that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use or our Privacy Policy.  You agree that you will not access or attempt to access password protected, secure or non-public areas of this Site unless expressly authorized by us.  Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution. You understand that overuse or abuse of this Site may result in you being denied access to this Site.  Framing or use or framing techniques to enclose any trademark, logo, or other proprietary information, including databases images, text, page layout, or form is prohibited.  You agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.  You agree that you will not use this Site in any manner which could damage, disable, overburden, impair, or otherwise interfere with any other party's use and enjoyment of this Site.  You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy this Site or the content contained herein.  You agree that you will not use any device, software, or routine to interfere, or attempt to interfere, with the proper working of this Site or any business being conducted on this Site.
  7. Enforcement.   Enforcement of these Terms of Use or our Privacy Policy shall be at our sole option and for our benefit.  If we do not enforce any term on one occasion, we shall not be prohibited from enforcing it on another occasion.
  8. No Warranty.  WE PROVIDE THIS SITE AND ITS CONTENTS "AS IS", AND WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  WE SPECIFICALLY DISCLAIM ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT AND IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THIS SITE OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED ON OR THROUGH THIS SITE.  WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE.  FOR EXAMPLE, THIS SITE MAY CONTAIN TYPOGRAPHICAL, TIME RELATED, PRICING, OR OTHER TYPES OF ERRORS.  WE DO NOT GUARANTY THAT SUCH ERRORS WILL BE CORRECTED.  UNLESS OTHERWISE STATED, THIS SITE AND ANY INFORMATION ON THIS SITE MAY BE CHANGED, MOVED OR DELETED AT ANY TIME.
  9. Liability Limit. YOU ASSUME FULL RESPONSIBILITY FOR THE RISKS ASSOCIATED WITH USING THIS SITE, THE CONTENTS ON THIS SITE AND THE INTERNET.  IF YOU ARE DISSATISFIED WITH, OR HARMED BY, THIS SITE, ANY OF THE MATERIALS CONTAINED ON THIS SITE, ANY OF THESE TERMS OF USE, OR OUR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.  IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS, ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THIS SITE, OUR PRODUCTS OR SERVICES, THESE TERMS OF USE, OR NON-ENFORCEMENT OF OUR PRIVACY POLICY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  IF, NOTWITHSTANDING THE FOREGOING, WE SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE, OUR LIABILITY TO YOU AND/OR ANY THIRD-PARTIES, IN THE AGGREGATE, SHALL IN NO EVENT EXCEED, AND IS LIMITED TO, THE GREATER OF (A) THE COST OF THE SERVICE PROVIDED THROUGH THIS SITE OR (B) ONE HUNDRED DOLLARS ($100).  IN THOSE STATES THAT DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITY, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
  10. Indemnity.  YOU AGREE TO INDEMNIFY AND HOLD US (INCLUDING OUR OFFICERS, DIRECTORS, SUPPLIERS, AGENTS, AND EMPLOYEES) HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR ANY AND ALL CLAIMS, DEMANDS OR DAMAGES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY US DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE OR OUR PRIVACY POLICY OR YOUR VIOLATION OF ANY LAW OR INFRINGEMENT ON THE RIGHTS OF A THIRD-PARTY.
  11. Changes.  We reserve the right to make changes to this Site, these Terms of Use, and/or our Privacy Policy at any time upon posting such changes to this Site.  Your continued use of this Site after the posting of any such changes constitutes your acceptance of those changes.
  12. Miscellaneous. All rights and obligations under these Terms of Use and our Privacy Policy shall be governed by and construed in accordance with the laws of the State of New York, USA, without reference to principles of conflicts of laws. You understand and agree that all claims against us shall be brought in the New York State Supreme Court in the County of Monroe or the United States District Court of the Western District of New York in Rochester, New York.  These Terms of Use and our Privacy Policy (which is hereby incorporated by reference) embody the entire understanding of the parties with respect to their respective subject matter hereof and they supersede all prior discussions, agreements, and understandings with respect thereto.  The waiver by either party of a breach or default in any of the provisions of these agreements by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power, or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.  If a court of competent jurisdiction determines that any one or more of the terms, provisions, covenants, or restrictions of these Terms of Use or our Privacy Policy are invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions shall remain in full force and effect.  Headings used are for reference and convenience only, and shall not enter into any interpretation.