1. Permissible Use. Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a home for sale). Without limitation, lending professionals and institutions are prohibited from using information provided by TRES Labs through the Services in making any loan-related decisions. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. Notwithstanding the foregoing, the aggregate level data provided on the TRES Labs (the “Aggregate Data”) may be used for non-personal uses, e.g., real estate market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), so long as TRES Labs is cited as a source.
2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
- Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from TRES Labs. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.
3. Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to TRES Labs in connection with the Services (your “Submission”), you grant TRES Labs an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. TRES Labs will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. TRES Labs may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant TRES Labs the rights in this paragraph and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your TRES Labs user account or that you otherwise make available through the Services.
TRES Labs will not use client contact information that is uploaded by agents into TRES Labs’ Agent Hub portal for any purpose.
4. Advertising. TRES Labs’ business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, TRES Labs may serve advertisements based on the information we collect from you or in relation to your interaction on our site. In the event that you have entered into a separate agreement (“Maple Leaf Agreement”) with TRES Labs under which you are granted the right to use certain of TRES Labs’ Maple Leaf products (the “Maple Leaf Products”), TRES Labs will not serve advertising on the Maple Leaf Products unless otherwise provided in the Maple Leaf Agreement.
5.The Role of TRES Labs. TRES Labs, Inc. is a licensed real estate broker in the state of Texas but does not broker real estate transactions. TRES Labs does not act as a real estate agent for you or any other user. TRES Labs does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, TRES Labs does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
6. Mortgage Information Services. These terms apply specifically to TRES Labs Mortgage Directory:
- TRES Labs Mortgage Directory. TRES Labs allows consumers to provide anonymous information to banks, lenders, originators, loan brokers and their employees (collectively, the “Lenders”) to request quotes on terms for home loans. Lenders may elect to respond to consumer requests with non-binding customized quotes of the terms they would offer to a borrower fitting the consumer’s anonymous profile, as well as their contact information. These non-binding quotes are not intended to be Good Faith Estimates as defined in the Real Estate Settlement Procedures Act. TRES Labs also allows consumers to request that Lenders pre-approve them for home loans. When consumers submit the required information and request pre-approval from a participating Lender, Lenders may elect to respond based on parameters established by the Lender. Qualification for pre-approval does not constitute an offer to lend, a commitment for a loan, or a guarantee of specific rates or terms. If you, as a consumer, choose to contact a Lender through TRES Labs Mortgage Directory by filling out a contact request or other request form on TRES Labs, you authorize TRES Labs to provide your name and contact information and other identifying information you provide to the Lender you choose, along with your quote or pre-approval request. By submitting your name, contact information and other identifying information, your identity will no longer be anonymous and Lenders may contact you directly. Any loan or other business conducted is between you and the Lender.
- The Role of TRES Labs; Disclaimer. TRES Labs is not a Lender, mortgage broker, loan originator, loan processor, or underwriter. TRES Labs does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. TRES Labs does not take applications for credit or issue pre-approval letters. Any request for quotes or pre-approval is not an application for credit. TRES Labs does not endorse or recommend the products of any particular Lender. Nothing contained in the Services is an offer to lend or a commitment for a loan, and TRES Labs does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender. TRES Labs is not an agent of either any consumer or any Lender. TRES Labs is only providing an administrative service to consumers and participating Lenders. Decisions regarding pre-approval requests are made by participating Lenders and not TRES Labs. TRES Labs assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services, including TRES Labs Mortgage Directory, and any other information available there. Interest rates provided through the Services are for information purposes only, and actual interest rates may vary.
- Fees. The TRES Labs Mortgage Directory is free to consumers.
- Participating Lenders. The Lenders participating on TRES Labs are solely responsible for their services to consumers. TRES Labs shall not be liable for any damages or costs of any type arising out of or in any way connected with any consumers’ use of the TRES Labs Web site, TRES Labs Mortgage Directory, or the services offered by Lenders. TRES Labs is not responsible for any errors or delays caused by consumers or any Lenders in the loan process. TRES Labs reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Lender or other user from TRES Labs Mortgage Directory. When an individual Lender applies for TRES Labs Mortgage Directory, TRES Labs uses commercially reasonable efforts to confirm the Lender’s license (in the states claimed in the Lenders profile) and/or employment with a lending institution. However, consumers should confirm credentials if they choose to contact the Lender.
7. Additional Terms for Use of Certain Services.
9. Linked Materials and Third-Party Materials. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. TRES Labs does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that TRES Labs has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and TRES Labs takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
10. Claims of Copyright Infringement. TRES Labs respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify TRES Labs’ copyright agent by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
550-1027 Davie Street
Vancouver, BC V6E 4L2
Attention: Copyright AgentIf you give notice of copyright infringement by text e-mail, TRES Labs’ copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
11. Intellectual Property. The Services are the property of TRES Labs, and subject to the intellectual property rights of TRES Labs and its licensors. ©1999-2013 TRES Labs. All rights reserved. You may not use any of TRES Labs’ trademarks as part of your screen name or email address on the Services. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
TRES Labs does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.
12. NO WARRANTY. TRES Labs PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRES Labs AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. TRES Labs AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
17. Release. You release TRES Labs, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”