Please read these terms carefully. This is a binding agreement between Neighborhoods.com, LLC, doing business as 55places.com (referred to as the “Company” “we,” “us” or “our”) and any person who accesses or establishes a connection to the Services (“you or “User”). By using or otherwise accessing the Services, or indicating your assent hereto by clicking “I agree” or similarly expressing acceptance where other options exist, you will be deemed to have accepted the terms of this agreement. The Company retains any rights not specifically granted to you in this agreement.
1. ACCESS TO THIS SITE
By accessing or establishing a connection to any part of this website, www.55places.com (the “Website”) or other software, resources or services available through the Website (all of the foregoing, the “Services”), you agree to comply with all of the terms of this agreement. You agree that the Company may, without prior notice for any reason or no reason, immediately terminate your account and access to the Services, without liability to you or any third-party.
2. HOW THE SERVICES WORK
The Services help Users find, research and compare residential neighborhoods and real estate subdivisions. Users can see homes for sale in various neighborhoods and interested buyers and sellers have the option of connecting with expert partner real estate agents (“Partner Agents”) who are intimately familiar with these locations.
The Company does not charge fees to Users. If you elect to purchase a home with the help of a Partner Agent via the Services, you will pay the fees associated with the purchase directly to the Partner Agent, as described in an agreement between you and Partner Agent.
4. ACCOUNT REGISTRATION AND CANCELLATION
Users have the option of registering an account to allow them to save favorite neighborhoods and homes, to request notifications about updates to any homes or neighborhoods they have discovered, and other registration-only features. There is no cost to create an account.
Users who have registered an account also have the option to receive communications from us in the form of newsletters, updates regarding selected neighborhoods, and email notifications if properties matching your criteria become available for sale. Users may unsubscribe from these optional communications at any time. (Account-related communications cannot be limited.) Users who wish to unsubscribe from communications with a Partner Agent after submitting a form to request further information about a home or neighborhood from that Partner Agent must do so directly with the Partner Agent.
Users who have chosen to register an account with the Services may cancel their account by submitting a cancellation request to email@example.com.
5. MLS REQUIREMENTS
Some of the information we provide to you comes from regional Multiple Listing Services (“MLS”), which have their own requirements for showing you certain information. When you register for an account with our website, you get access to MLS information that the MLS prohibits us from showing the unregistered users. However, the MLS does have a few requirements in order to show you this information. Namely, by registering for an account, you agree that you have a sincere interest in the purchase, sale, or lease of real estate. Also, by registering for an account, you acknowledge that you are entering into a consumer-broker relationship with us. However, please note that these requirements do not require you to actually purchase or lease any property, nor does it obligate you to work with only us or use only our Services.6. PRIVACY
7. RESTRICTIONS ON USE
You may access the Services only for your personal, non-commercial use. You may not use the Services for any other purpose. You may not, for example, (i) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal use or as specifically permitted in this agreement, without the Company’s written consent, or (ii) use the Services in any harmful manner or interfere with any party’s use or enjoyment of the Services. You agree to cooperate with the Company in causing any unauthorized use of the Services to immediately cease.
The material accessible from this Website, including text, data, images, interfaces and other materials or works of authorship (the “Content”) is owned or licensed by the Company. You may not copy, distribute, republish, upload, post, or transmit Content in any way without the prior written consent of the Company, except that you may store or print limited portions of the Content solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
The Company’s name, logos, and other product and service identifiers are the Company’s trademarks. You also acknowledge any applicable MLS’s ownership of and copyright in its MLS database. All other trademarks appearing on the Website are the property of their respective owners. No rights are granted to you in these trademarks.
9. USER SUBMISSIONS
A “Submission” means any information, ideas or materials that Users provide to us via any post, upload, input or other submission to the Services. You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or other payment. You represent that you own or otherwise possess all of the rights to any Submissions.
You may not post, send, submit, publish, or transmit in connection with the Services any material that (i) you do not have the right to post, including proprietary material of any third party, (ii) advocates illegal activity or discusses an intent to commit an illegal act, (iii) is vulgar, obscene or threatening, (iv) libels, defames, or invades the privacy of other users, (v) does not pertain directly to the subject matter of the Services or advertises another product or service, (vi) includes programs that contain viruses, worms, or any other malicious computer code, or (vii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Without limiting the foregoing responsibilities of Users, the Company may monitor use of the Website to determine compliance with this agreement. The Company may remove or refuse Submissions for any reason.
10. RECORDED CALLS
The Website may include hyperlinks to other websites that are not owned or operated by the Company. These links are provided for your convenience, and the Company may receive commissions or other financial compensation from the owners of these websites. Hyperlinks are to be accessed at your own risk. The Company has no control over other websites and is not liable for any content, advertising, products, services or other materials on or available from those websites. Nonetheless, we wish to protect the users of our Services, and we therefore invite feedback about websites that are linked from this Website.
12. SECURITY AND SECURITY VIOLATIONS
If you are User who has registered an account for the Services, passwords used to access the Services are for your individual use only. You are responsible for the security of your own password and for all activities that occur through the use of your account if accessed with your password, including liability for damages resulting from misuse. If you use a password that the Company considers insecure, the Company may require you to change the password or terminate your account.
You may not attempt to violate the security of the Services, or use the Services to violate the security of other persons or websites or to violate the law, including by (i) accessing data not intended for you or logging into an account that you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, (iii) attempting to interfere with service to any user, host or network, including without limitation, by submitting a virus to the Services, (iv) sending unsolicited e-mail, (v) forging any TCP/IP packet header or any part of the header information in any e-mail, or (vi) attempting reverse engineer any of the software making up any part of the Services.
The Company will take all reasonably necessary steps to investigate suspected violations of this agreement. The Company reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing the Company to disclose the identity of anyone engaging in conduct that is believed to violate the law. The Company further reserves the right, in its discretion, to release your details to system administrators at other sites in order to assist them in resolving security incidents.
You release the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
13. IMPORTANT DISCLAIMERS
Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. The Company disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade.
By way of illustration, and without limiting the generality of the above disclaimer, the Company disclaims any warranty that:
14. LIMITATION ON LIABILITY
The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to Users for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if the Company has been advised of the possibility of such damages.
To the maximum extent permitted by law, you shall defend and indemnify the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from and against all third-party claims, liabilities and expenses, including legal fees and costs, relating to your use of the Services or your breach of any representation contained in or other provision of this agreement. The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.
This agreement constitutes the entire agreement between the parties relating to the subject matter contained herein. The Company may modify this agreement at any time by posting the revised terms on the Website. Continued use or access of the Services after modification will constitute your acceptance of this agreement as modified.
17. DISPUTE RESOLUTION; WAIVER
All disputes relating to the interpretation of this agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be Chicago, Illinois. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction.
You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond).
This agreement shall be governed and interpreted pursuant to the laws of the State of Illinois, United States of America, without regard to its choice of law rules. The parties agree that the exclusive venue for any dispute relating to this agreement will be in, and specifically consent to the personal jurisdiction of, the state and federal courts located in Chicago, Illinois. If any part of this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notices or other communications permitted or required hereunder will be in writing and given by the Company via e-mail, to the address that you provided when registering for the Services, and will be effective upon transmission.
All provisions of these terms which by their nature should survive cancellation of your account shall survive, including Sections 8, 9, 13, 14, 15 and 17.
19. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE TO COPYRIGHT OWNERS
55places.com, LLC (“55places.com,” “we,” “us” or any correlative term) owns, protects and enforces copyrights in its own creative material and respects the copyrights of others. Materials may be made available at www.55places.com (the “Website”) within the services provided at the Website (the “Services”) by third parties not within our control. It is our policy not to permit materials known to be infringing to remain available through the Services.
In accordance with the Digital Millennium Copyright Act, or “DMCA,” you should notify 55places.com promptly if you believe that any materials displayed within the Services infringe your copyright. Regardless of whether 55places.com is liable for such infringement, 55places.com, LLC’s response may include removing or disabling access to material claimed to be infringing and/or terminating the alleged infringer’s access to the Website. If we remove or disable access to material in response to your notice, we will make a good-faith attempt to contact the person who submitted the material so that they may have the opportunity to submit a counter-notification.
Please send all notices to 55places.com, LLC, by email to DMCArequests@55places.com or by physical delivery to 1525 W. Homer St., Suite 301, Chicago, Illinois 60642, Attention: Danny Goodman.
Your notice of alleged copyright infringement should include:
Please note that under the DMCA, misrepresentations made in your notices or counter notices can expose you to liability for substantial damages. If you are not sure whether material available on the Website infringes your copyright, or whether material posted by you are infringing, you should seek legal advice.
20. CONTACT AND FEEDBACK
We welcome and encourage feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback, questions, claims or complaints with respect to the Services by emailing us at firstname.lastname@example.org, through the “Help” section of the Site or by calling (773) 278-5500. If you’d like to submit your Feedback, claims or complaints to the Company in writing, please direct correspondence to:
Neighborhoods.com, LLC d/b/a 55places.com
Attention: Customer Service
1525 W. Homer St., Suite 301
Chicago, Illinois 60642
You agree that all Feedback will become the sole and exclusive property of the Company and you hereby irrevocably assign to the Company all of your right in and to all Feedback.
If you are a resident of California, you may request additional information or submit claims or complaints regarding the Services by calling the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs at (916) 445-1254;
Or in writing at:
Complaint Assistance Unit
Division of Consumer Services
California Department of Consumer Affairs
1020 N. Street, #501
Sacramento, California 95834
Last updated: December 29, 2017