Windermere Real Estate Services Company
All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Windermere’s knowledge.
The Site and its entire contents, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Site Content”) are the property of Windermere or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.
The Windermere name and related logos are trademarks and service marks (“Marks”) of Windermere. Windermere's Marks may not be used without advance written permission of Windermere, including in connection with any product or service that is not Windermere's, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Windermere. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.
Information about and photographs of individual properties displayed on the Site are provided by the listing agent and/or by the multiple listing service for the area in which the subject property is located. Windermere asserts no copyright to any such content.
If you believe that any content on the Site violates your intellectual property rights, please notify Windermere as described in Section 16.
Windermere grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Site Content in the United States only as an informative resource while using the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior permission of Windermere is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Site Content.
This Site is not intended for children under 13 years of age. Windermere does not knowingly collect Information from children under 13. If you are under 13, do not use this Site or provide any Information about yourself to Windermere, including your name, address, telephone number or email address.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company's Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”).
Our designated copyright agent to receive DMCA Notices is:
Windermere Services Co.
1151 Fairview Ave. No.
Seattle, WA 98109
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload or display the content in your User Content, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
We may, at our sole discretion, limit access to the Services and/or terminate the accounts or registrations of any User who infringes any intellectual property rights of others.
The Site may contain comment sections, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features ("Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials ("User Contributions") on or through the Site.
All User Contributions must comply with the content standards set out below.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
MULTIPLE LISTING SERVICES (“MLS”) DISCLAIMERS: Information about individual properties is provided by one or more MLS. The following disclaimers apply to information provided by each MLS:
This Site includes content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Windermere. Windermere is not responsible for the content or accuracy of any materials provided by any third parties.
Windermere may provide links to external web sites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. Windermere does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Seattle, Washington and conducted by an arbitrator that possesses such experience in, and knowledge of, the subject area of the controversy or claim so as to qualify as an “expert” with respect to such subject matter.
If either party employs attorneys to enforce any rights in connection with any such dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Windermere Real Estate Services Company
ATN: LEGAL DEPARTMENT
1151 Fairview Ave N.
Seattle, WA 98109
EFFECTIVE DATE: July 1, 2020.