Home : Terms of Service

Welcome to ActiveRain

Although the Terms of Use below are binding, we want you to feel comfortable with them, understand them fully, and find that they accurately reflect the ActiveRain that you want to be a part of. If you have any question, comments or concerns about these terms, please contact us at: support@activerain.com

This site (the “ActiveRain Community” or the “Site”) is operated by ActiveRain Corp. (“we” or “ActiveRain”). The Site is a place where real estate professionals can network with their peers and discuss real estate topics. The Site is also a public forum, where consumers can pull back the curtain and see what the real estate industry is really about. Because of this level of transparency and openness, we expect ActiveRain members to commit themselves to professional representation of the real estate industry. And we expect all ActiveRain members to uphold our Community Guidelines , accessible through this link. The Community Guidelines are designed to encourage positive, contructive interaction within the ActiveRain community.

By accessing the Site, you agree to be bound by these Terms of Use and the Community Guidelines . These Terms of Use and the Community Guidelines are subject at all times to modification. It is your responsibility to keep apprised of any changes in these Terms of Use or the Community Guidelines . In the event of any inconsistency between these Terms of Use and the Community Guidelines , these Terms of Use shall control.

ActiveRain’s failure to insist upon or enforce any provision of these Terms of Use shall not be construed as a waiver of any other provision.

The agreement between you and ActiveRain represented by these Terms of Use does not supersede any other written agreement you may have entered into with ActiveRain.

We thank you for your attention to these Terms of Use, and your interest in the ActiveRain Community.

Using the ActiveRain Community

You agree to use the Site for your personal and commercial uses that are entirely and exclusively your own responsibility and that you in no way represent yourself as acting on behalf of ActiveRain.

Among other things, you agree not to:

Modify, copy, reproduce, display, perform, sublicense, publish, create derivative works of, reverse engineer, use on any other website, or sell any content provided by or obtained from the Site. Damage the Site, or obstruct any other member or party’s use of the Site. Obtain or attempt to obtain any materials or information through any means not offered or made readily accessible by ActiveRain through the Site. These include but are not limited to the practices of “screen scraping,” “database scraping,” or any other activity with the aim of obtaining lists of users.

As a community, ActiveRain and its members are committed to creating an environment of respect, integrity, and professionalism.

ActiveRain is a Forum

The Site and the services offered by ActiveRain through the Site are provided solely as a forum to connect members of the ActiveRain Community and to enable the exchange of information. We do not provide any appraisal, brokerage, listing, mortgage, title insurance, escrow or other real estate industry-related services, and do not claim to be licensed to provide any real estate-related services. We do not sponsor, endorse, recommend or approve of any real estate agent, broker, or other real estate industry-related service provider who offers services through the Site.

Because forums by their nature are open and collaborative, ActiveRain cannot make any assurance as to the timeliness or accuracy of information provided by the Site itself or any member. If any posting presents incomplete, insufficient, or inaccurate information, ActiveRain cannot be held accountable. You must use your independent judgment of the quality of any individual, entity or information that you find on or through the Site.

Much to the delight of our members, commercial transactions may result from the use of this Site. Other relationships, professional and otherwise, may also result. The outcomes of any such transactions or relationships are the responsibilities of the participating individuals alone, not of ActiveRain.

Linked Materials

The ActiveRain Community encourages networking and the exchange of ideas. In furtherance of this aim, you may create links from any personal or third-party website, consistent with the Community Guidelines . These links may be to any page within the Site.

Please note the following points regarding linked and third party materials:

At any time, ActiveRain reserves the right, in its sole discretion, to disable a link or prevent you from creating a link.

ActiveRain does not make any representation or warranty with respect to third party Services to which the Site may link.

These Terms of Use are applicable to the ActiveRain Community alone. Be sure to familiarize yourself with the terms of use for those other linked and third party sites and materials before using their services.

Your ActiveRain Account

In order to have complete access to the Site, and to get the most out of the ActiveRain Community, you will need to create an account. This account in effect represents your identity as you interact with other members of the ActiveRain Community. Therefore, it is crucial that you:

• Never use another member’s account.
• Provide accurate and complete information when establishing your account.
• Keep your account password secure.
• Notify ActiveRain immediately of any breach of security or unauthorized use of your account.

Also, please note that ActiveRain will not be liable for any losses or damages caused by unauthorized use of your account. Furthermore, you may be liable for the losses of the ActiveRain Community or others due to such unauthorized use.

Although we have confidence in our security policies, their effectiveness relies upon your partnership .

ActiveRain also reserves the right to cancel the account of any member it believes may be engaging in infringement of the rights of others, copyright violation, or any inappropriate behavior. We also reserve the right, in our sole discretion, to terminate your access to all or part of the ActiveRain Community for any reason or no reason , or without notice.

Content You Contribute

The Site was designed for its members’ use and enjoyment. As a member, you may submit or post content to the Site, which might include, but is not necessarily limited to, text, messages, comments, ideas, suggestions, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, trade dress, specifications, catalogs, literature, lists, technical information or other materials (collectively, “Content”). Content that you upload to the Site or submit for the use of the ActiveRain Community (“your Content”) are governed by these Terms of Use and the Community Guidelines .

You promise that your Content is Content that you deem to be beneficial to the ActiveRain Community, and at all times in accordance with the Community Guidelines . You agree that your Content, once posted on the Site, is non-confidential..

You agree that you are solely responsible for all Content that you make available on the Site. You also represent and warrant to ActiveRain that you own all rights and have unlimited control of your Content, which makes it possible and legal for you to share and transmit your Content. Without limiting the generality of the foregoing, you agree that you will not post Content to the Site that is copyrighted by someone other than you, without the express, written permission of the copyright holder.

Although you retain any proprietary rights that you may have in and to your Content, once you post your Content to the Site, you hereby grant ActiveRain, its affiliated companies, and their respective successors and assigns, a worldwide, non-exclusive, sub-licensable (through multiple tiers) right and license, but not the obligation, to post, use, copy, publish, publicly display, exhibit, promote, transmit, frame, package,and repackage your Content, or any portion thereof, and to publish your name in connection with your Content, in all languages, via the ActiveRain Community and all distribution channels promoted by ActiveRain through the Site. You further agree that you will not make any claims against ActiveRain based on any allegations that any activities or alleged omissions within the ActiveRain Community, whether or not by or condoned by ActiveRain, infringe intellectual property rights associated with your Content. The foregoing license granted by you terminates once you remove or delete your Content from the Site. ActiveRain will make commercially reasonable efforts to take down links, frames, and other work or content within its control that may be associated with your Content, but undertakes no obligation to purge its back-up servers of any content. You acknowledge that, for a period of time following your actions to remove or delete your Content, ActiveRain administrators may continue to have access to your Content (such as, for example, in the course of maintaining back-up servers, or in complying with laws, regulations or court orders).

Syndicating Submissions Outside the ActiveRain Community

In addition to ActiveRain’s goal to connect real estate professionals with one another, ActiveRain seeks to connect professionals with the general public. In this regard, ActiveRain’s connections to other media, outside the Site, may provide you with opportunities to make yourself, your business and your Content visible to other audiences. If you choose, you may grant ActiveRain an extended license to your Content, which will permit, but not obligate, ActiveRain to syndicate your material to third parties. Any such syndication will be done without compensation to you, but may allow you to tap your Content into third party media outlets in addition to the ActiveRain Community.

Content Contained in the Site

All content on the Site, other than your Content, remains the exclusive property of ActiveRain (the “ActiveRain Content”). ActiveRain reserves all intellectual property rights in and to the ActiveRain Content.

License to ActiveRain Community Members

ActiveRain grants to the members of the ActiveRain Community a limited, personal, non-transferable license to access and use the Site and the Content therein for its intended purposes, in accordance with these Terms of Use and the Community Guidelines . You are strictly prohibited from making any other use of the Content found on the Site, unless you have obtained explicit written consent from either ActiveRain or, in the case of Content subject to copyright protection, the copyright holder of such Content.

Content in the ActiveRain Community is provided AS IS. You will not hold ActiveRain liable for any Content or for any loss or damage incurred as a result of the use of any Content on the Site. Your use of the Site and its Content is at your own risk.

Notice to Copyright Holders

We are committed to upholding the rights of copyright holders. If you are a copyright owner, or an agent of a copyright owner, and you believe that an ActiveRain member posting, user submission or other content infringes upon your copyrights, please submit a notification to us. You may do so following the Digital Millennium Copyright Act ("DMCA"), by providing the following information to our copyright agent:

• A physical or electronic signature of a copyright owner or an authorized agent of anyone who holds proprietary rights to the material that has been infringed.
• Specific identification of the material claimed to have been infringed.
• Specific identification of the material that is claimed to be infringing
• A statement that you believe the use of material in the way that you have deemed unlawful, is not authorized by the copyright owner or its agent.
• A statement that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right, under penalty of perjury.
• Contact information, such as an address, telephone number and an electronic mail, so that ActiveRain can contact you.

Such information must be sent to our copyright agent by email at the following address: support@activerain.com

Service Cancellation Policy:

Once you cancel you won't be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 18th of every month, and you cancel on the 24th, you'll still have to pay for the current month, but you won't be charged again after that. In order to treat everyone equally, no exceptions will be made. Ads run for the duration of a person's subscription. Disclaimer

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN SOLE RISK. ACTIVERAIN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUATORY OR IMPLED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, AND NON-INFRINGEMENT AS TO THE SITE AND ITS CONTENT.

ACTIVERAIN AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

Indemnification

You agree to indemnify and hold ActiveRain and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Content you submit, post transmit or otherwise make available through the ActiveRain Community, your use of the Site, your membership in the ActiveRain Community, your violation of these Terms of Use or the Community Guidelines , or your violation of any rights of another.

Limitation of Liability

IN NO EVENT WILL ACTIVERAIN OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY INDIRECT CONSEQUENTIAL, SPECIAL INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE, THE Community Guidelines , OR YOUR USE OF THE SITE, ITS CONTENT, OR MATERIALS ACCESSED BY OR THROUGH THIS SITE.

Thank you for your time and consideration. Once again, welcome to ActiveRain!