The Services are offered and available to users who are 18 years of age or older. By using our Services, you represent and warrant that you are of legal age to form a binding contract with VandalsSmile.
More on Our Services
Ratings: You understand and agree that the Services may include third-party ratings and reviews of properties and listings associated with your account. By default, users of VandalsSmile will have access to third-party ratings and reviews of such properties and listings, and the general public will have access to a general rating for such properties and listings. The rating and review feature is automatically active or on for each property and listing in order to increase the likelihood the property or listing is more readily identified and displayed as a result for online searches. Said another way, the rating and review feature helps ensure the property or listing is displayed in a more prominent position in search engine results. It is your sole responsibility to ensure the use of such rating and review feature complies with all applicable MLS standards, state and federal law, codes of conduct and professionalism, and agreements with the property owner. It is your responsibility to turn the rating and review feature to inactive or off, as needed for compliance and legal purposes. You agree to indemnify VandalsSmile for any claims or damages against VandalsSmile related to the use of the rating and review feature.
Comparability Index: Our Services may include our “Comparability Index” feature for listings. You understand and agree that the Comparability Index is offered simply as a reference to the listed price as compared to certain other properties in the same area. The Comparability Index is not intended to be relied upon for decisionmaking purposes, and you agree and acknowledge the Comparability Index may be inaccurate and does not determine value of the listing. Furthermore, you acknowledge the Comparability Index does not include several important factors in its calculation, including (without limitation): all potentially comparable properties, the condition of a property, title validity, encumbrances, easements, liens, and the like. Without limiting any of the foregoing in this paragraph, you agree not to rely on the Comparability Index for any purpose of any kind (whether as a value indicator, property appraisal tool, or as an inducement to buy/sell or list your property).
No Offer or Promise to Sell: Nothing contained in the Services is an offer or promise to sell a specific product for a specific price or an offer or promise that any advertiser or real estate broker or agent or their client will sell any product or service for any purpose or price or on any specific terms.
Deal with Us in Good Faith: By creating an account and using our Services, you agree that you are signing up for VandalsSmile’s Services in good faith, and that you will use our Services only for their intended purposes as real estate information tools and for no other reasons.
Data Privacy Terms
User Content Terms
You Must Be Truthful: You agree to provide accurate, complete, current, and truthful information when you add or edit User Content, including facts about your home.
Do Not Post Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights and rights of publicity and privacy), or that is in violation of any federal, state, or local law, rule, or regulation, including Fair Housing Laws. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful.
Do Not Violate Others’ Rights: You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Sites. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.
You Grant VandalsSmile a License to Use Your Content: When you provide User Content, you grant VandalsSmile a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify, sublicense (for any purpose), create derivative works for any purpose (which VandalsSmile will own) and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for content you provide to us.
User Content is Not Confidential; Your Content May Be Made Public: You understand and agree that any User Content that you post or submit to VandalsSmile is considered non-confidential and non-proprietary and may be redistributed through the Internet and other media channels, and may be viewed by the general public. In addition, and not in limitation, you understand that VandalsSmile may share nonspecific statistical data from the Website with third parties such as Boards of Realtors, Real Estate associations and commissions local, state and national, economists and economic oriented institutions and governmental bodies, and media outlets. VandalsSmile also may share specific and nonspecific data with third parties pursuant to state and federal court subpoenas and subpoenas of law enforcement, and subpoenas of state and federal regulatory agencies.
Terms Involving Claiming Ownership of a Home
- You or your agent (if a broker or agent is engaged on your behalf) will only claim homes for which you are the current legal owner, and you represent and warrant that the home you are claiming is owned by you and that the details you provide about your home are accurate.
- You will be required to confirm your email address in order to add or edit facts about your home.
- If you are no longer the legal owner for a home, you agree to release your claim on the home to permit the current legal owner to subsequently claim the home.
- If someone has claimed your home in error or is no longer the current legal owner for the home, you agree to dispute the claim on our website.
- We reserve the right in our sole discretion to block or remove claims on homes made by you.
- You acknowledge that information that you provide about your home will be posted in public areas of the Sites and will be available to anyone who visits the Sites.
- You acknowledge that we may display information about your home from other sources and that there may be discrepancies between the information provided by you and the information provided by these other sources. We disclaim all liability and responsibility for any inconsistent information.
Rules for Real Estate Professionals and Their Clients and Client Information
VandalsSmile User Information Provided to Real Estate Professionals: If you are a real estate professional, you agree that you will not use any information about VandalsSmile users that is transferred to you during your use of VandalsSmile’s Sites or Services (e.g., contact information sent to you when a user contacts you through your listing page) for any reason except to provide those users with real estate services. You further agree never to use such information for any illegal or harmful purpose.
Use Restrictions:VandalsSmile’s Sites or Services may only be used for transactions in residential real estate, and transactions in commercial real estate is prohibited (including commercially zoned properties and timeshares). You are prohibited from sharing your user account with others.
Intellectual Property and Licenses
Our Materials Are Protected: The Sites and their entire contents, features and functionality, and all materials in or on the Sites and offered or provided with the Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively “Materials”), are proprietary property of VandalsSmile.com, LLC, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other “hidden text” utilizing “VandalsSmile” or any other substantially similar name, trademark, trade dress, trade phrases, or product name of VandalsSmile without our prior express written permission. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our consent. You agree not to reproduce, modify, create derivative works from, decompile, disassemble or reverse engineer any portion of the Sites or Services. You agree not to remove or modify any copyright or other intellectual property notices that appear on the Sites or the Services.
Our Use of Third Parties’ Marks Does Not Imply Endorsement: All other trademarks, registered trademarks, product names, and logos appearing on our Site and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
VandalsSmile Does Not Own Real Estate Source Images: VandalsSmile does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from the source website or information provided by the website owner unless VandalsSmile owns them or licenses them and shows by some writing or mark on them that VandalsSmile owns or licenses them. VandalsSmile uses these images and excerpted descriptions only as necessary to generate search results as navigational tools to direct you to the originating website. Any use of the source images or descriptions is subject to the copyright owner’s permission and/ or the requirements of applicable law. VandalsSmile does assert copyright and ownership in and reserves all right to all search results, and all data compilations on, through or resulting from searches on or through the Sites.
Warning by VandalsSmile and Agreement of Agents and Through Them Their Clients, Advertisers and Public Users of the Limits of VandalsSmile’ Ability to Protect Information Provided by Real Estate Agents, Their Clients Through Those Agents, the Public and Advertisers: Real estate agents for themselves, their brokerage firms and their clients, advertisers, and the public who post information of any and all kinds, including client information, financial and other data and images (collectively “Posted Data”) on the VandalsSmile Sites understand and agree that while VandalsSmile makes reasonable and diligent efforts to protect the Posted Data on the VandalsSmile Sites that VandalsSmile controls, VandalsSmile has no control over Posted Data that can be accessed by third parties such as mortgage companies, title companies, governmental taxing authorities, hackers, data miners, data thieves, without limitation, who may harvest this information off of the VandalsSmile Sites in spite of VandalsSmile efforts to protect the information within its Sites and therefore that such Posted Data may be used by those third parties possibly even to the financial detriment of real estate agents’, their clients, advertisers and the public, without limitation.
Digital Millennium Copyright Act Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), VandalsSmile has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to the Sites in a way that constitutes copyright infringement, please provide VandalsSmile’s copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Before sending a notice to VandalsSmile, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for VandalsSmile’s Copyright Agent for notice of claims of copyright infringement is provided below.
VandalsSmile Legal Department
No Warranties Express or Implied
THIS SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE INFORMATION PRESENTED ON OR THROUGH THE SITES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULLNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMAITON IS STRICTLY AT YOUR OWN RISK. VandalsSmile TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT OR OTHER CONTENT, INCLUDING ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU, YOUR CLIENT OR ANY OTHER VISITOR TO OUR SITES OR BY ANYONE WHO MAY BE INFORMED OF ITS CONTENTS, INCLUDING LINKS TO WEB PAGES, THAT ANY WEBSITE USER OR ANY OTHER USER OR THIRD PARTY POSTS OR TRANSMITS USING OUR SITE OR SERVICES.
VandalsSmile is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions and User Content) that may appear in our Sites or Services.
VandalsSmile is not responsible in any way for the truthfulness or accuracy of any property description listed on our Sites, nor does VandalsSmile have or accept any obligation to search for issues with a listed property. It is the sole responsibility of the buyer to confirm any and all facts relating to a property prior to purchase including, without limitation: defects in/on the material or premises, environmental hazards (near, on or within the property), zoning laws, flooding and other natural disaster risks, the existence of a third party’s rights to use or access the property, taxes, title disputes or irregularities, and surveying.
Indemnification of VandalsSmile by All Website Users of Any Kind
Limitation of VandalsSmile’s Liability
IN NO EVENT SHALL VandalsSmile, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Modification of VandalsSmile Services
VandalsSmile reserves the right to modify or discontinue (completely or in part) our Site, Services, or any content appearing therein in our sole discretion without notice. VandalsSmile will not be liable to you or any third party if we exercise this right.
We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites or the entire Site to users, including registered users and users who have paid for a particular product or service.
Modification of These Terms
We provide this Site only for use by persons located in the United States. We make no claims that the Sites or the Services are accessible or appropriate outside of the United States. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Choice of Law and Venue
No Third-Party Beneficiaries or Rights
Entire Agreement & Severability
Limitation of Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Arbitration of Disputes
Copyright © 2017 VandalsSmile, LLC. ALL RIGHTS RESERVED.