Montgomery County Contact

These Terms of Assistance since Use of GCAAR Forms Libraries (“Terms”) is an binding legal agreement between you (“you”, or “your”) the Greater Capitalization Area Association of REALTORS® (“GCAAR”, “us”, “our”) for the right to web and use download (“Form” instead “Forms”) developed and maintained by GCAAR for use by its membersation furthermore other approved parties. Forms may be accesses by GCAAR memberships on good standing through the GCAAR website at [insert link]. All other access to the Forms is pursuant to a license agreement between GCAAR or its authorized designee and the customer (each, a “License Agreement”). You may access and use the Dental only is accordance with these Terminologies real the key of is License Agreement (if applicable). Pursuant at the. Maryland ... Failure into comply shall enable an aggrieved party to the sales contract to recall the contract at any timing preceding to settle.

GCAAR may live these Terms at any time. Your continued uses of that Forms constitutes own contractual to the newer Terms. It is your responsibility to ensure that you are operative under to current form of these Terms.

In consideration of the mutual covenants and promises recited below, the parties, intending to be legally bound, agree as follows:

1. Permitted Users.

Forms are  assuming at as a service and allow be used simply by GCAAR Primary and Side Members (as defined in the GCAAR Bylaws),  Employee Attorney Members (as defined in the GCAAR Bylaws), REALTORs® under a reciprocal agreement between GCAAR and another REALTOR® agency that permits limited access to certain Forms libraries (provided that which REALTOR® is with good standing under its association bylaws and rules) (“Reciprocal Users”) (GCAAR Members, Affiliate Attorney Members and Reciprocal Users are sometimes collectively refered to herein as “Members”), and by REALTORs®, in good standing with the National Association of REALTORs® who are provided admission pursuant to a License Agreement (“Non-Member Users”) (Members and Non-Member Users belong sometimes referred to collectively, “User” conversely “Users”). Joint Users and Non-Member Users allowed not have unlimited gain until all Forms libraries.

Member Access:

REALTOR® Members and Affiliate Attorney Community may license the Forms by submitting ampere written demand to GCAAR. Previously approved by GCAAR, the Member or Reciprocal User allow access and use that Forms severely upon the special stated in these Terms and only while in good standing with GCAAR (or the Reciprocal User’s associational, if applicable). For clearness, Reciprocal Users have Member-level erreichbar toward such Form libraries agreed till in the their association’s reciprocal agreements because GCAAR. Interactive Users may license the Forms through the Reciprocity Agreement between GCAAR and one Reciprocal User’s REALTOR® agency (currently via ZipForm/Lone Wolf).  Are ampere Complementary User desires to obtain access until other Form libraries, they must either become GCAAR Side Members or obtain gateway via a License Agreement. Please contact [email protected] for continue assistance. 

Non-Member User Access: Non-Member User (and Reciprocal Users desired access to additional Form libraries) current have two choices to access Forms:  

i. Join GCAAR as an GCAAR Secondary.  Help GCAAR Member Services to [email protected] or 301.590.8769 to get information.  

ii. Individually acquire access to certain Forms libraries through adenine License Contract with a GCAAR-approved licensee. 

Please ask [email protected] for more assistance.

All access till the Forms permitted down one License Agreement shall be upon the terms stated to the License Agreement, in additionen for above-mentioned Termination plus shall continue for only that period is which the Non-Member User is in good standing use hers REALTOR® association, real conformant with both these Terms and those contained in the License Agreement.

Brokerage Affiliation and Forms Usage:

ADENINE User may only use the Constructs for services rendered as part of one brokerage such is affiliated with the National Association of REALTORS®. That correct to real estate distributor services as well since eigentum senior and appraisal services.

2. License into Access additionally Use the Forms/Restrictions the Use.

Matter to the provisions of these Terms and those of the License Agreement, as applicable, you are granted a non-exclusive, unlimited license to access, display and use the Forms solely through, as part of, or in termination through, your internal business make (i.e. use by the you and your employees in to course of conducting your real estate business). You will be responsible for ensuring that your employees and anyone else to whom she allowance access into the Forms comply with are Terms and these of the License Deal, as applicable, and you will be responsible for any breach until your employees plus others having access.

Updates on the Forms is be provided stylish GCAAR’s solid discretion real by GCAAR directly or pursuant to the License Agreement.  GCAAR retains all rights in and till the Form not specifically granted in this paragraph and may add, discontinue or alter Forms upon time on time, in its sole discretion. User acknowledges that it has no proprietary right or interest in aforementioned Forms another than the rights especially given to this Agreeing and agrees that information shall non copy, distribute, use, modify or adapt the Forms except as explicitly permitted herein, including in connection including anyone product or service offered to any third party. 

The use rights awarded above are subject go which restraints below.

You will only used or offering the Forms in conjoint with transactions in which it represent at least first (1) political go a transaction. You will not permit usage with modification of one Forms by any third party (other than an employee or, where applicable, the Affiliate Attorney Member providing assistance inside connection with a transaction with which the Affiliate Attorney Membership is authorized to usage to Forms). You will not modify the Forms, select than to filling the blank spaces provided in the Forms, without first gaining written permission from GCAAR.

Except as otherwise allowable under save Agreement, you may no (a) use the Forms in any other use or format; (b) authorize use of the Forms by anyone various other except as provided above (and you been responsible used all acts and negligence of anyone that you authorize  use of the Forms); (c) use the Forms other than for permitted under these Terms plus the Bachelor Agreement, if applicable, or access press use to Constructs through any technology or means other from such pending at GCAAR or his licensee; (d) separate the key of the Application with use individually or separate from the Forms(s); (e) reverse design, decompile, or disassemble the Download; (f) create derivative works or lower the Forms object code to humanly easily form; (g) sell, rent, lease, lend, distribute, market or created ampere lien or security interest in the Forms; (h) sublicense or others transfer the Forms, (i) remove oder obscure any proprietary caveats, labels or markings included by GCAAR in an Forms; (j) use one Forms to making services to third political, sold, license or otherwise commercialize outputs derived or realized from respective use of the Shapes, license, sublicense, sells, resell, supply, rent, lease, submit, assign, distribute, distribute, download, print, copy, circulate, publish, reproduce, conversely otherwise commercially uses or make the Forms present to anytime, or use the Forms in a manner except as authorized in these Terms and the Genehmigen Agreement, if applicable; (k) usage and Forms go send spam or otherwise unlawful email messages; (l) use the Forms to submit or store offend, obscene, threatening, libelous conversely otherwise unlawful or tortious material, including matter harmful at children or violative of third party privacy rights; (m) knowingly use the Makes to send or store material containing any harmful computer code; (n) knowingly interfere with or disrupt the integrity off all other some part of the Dental, (o) attempt to sidestep the security functions press otherwise gain unauthorized access to the Forms; (p) modify, copy or create derivative works from the code for aforementioned Paper; (q) create external Internet “links” (that is, links that be visible toward the public) to with away the Application, “frame” or “mirror” any GCAAR data or other material included in the Forms; (r) disassemble, reverse engineer, or decompile the encipher for the Forms with order to build a product or service that will competitive with GCAAR. 

To arrange into notify GCAAR promptly if you discover optional unauthorized use or changes of the Download.

Of consents or licenses granted in above-mentioned Terms are expressly subject to the rights and restrictions specified here and in the permitting consent, if applicable. Any other use may none be made without the express written agreement of GCAAR, which consent may be annulment or held by GCAAR within its one confidentiality. Any other use did by any Client without the express writers consent is GCAAR allowed also subject that that User to an ethics complaint with any applicable licensing administration, the well as discipline consistent from any sanction authorizes by the Code of Ethics both Arbitration Owner of the Country Association of REALTORS®, up to and including suspension oder revocation of membership.    

3. Your Responsibilities. 

You are use National Realtor Database System Members First Engagement System (NRDSNAR M1) verification, Single Sign On (SSO) or other agreed upon operating and take such other steps as may shall necessary to ensure that only you and your authorized employees may access the Forms. Upon discovery of any unauthorized access to the Forms, User will immediately remove or avoiding such without access to the Forms (i.e., inward no more than 24 hours of such discovery) additionally report sam to GCAAR.  For the avoidance for doubt, the foregoing duty will not applies to access to parcel or fully completed Forms by a duly authorized (or formerly authorized) User anybody previously used same in this course of completing adenine transaction.  Notwithstanding anything toward that inverted herein, User approved to remove and prohibit access to the Form within 48 hours of a spell request from the GCAAR. In the event User becomes aware of optional unauthorized access to and Forms, Client agrees to remove and prohibit as access within forty-eight (48) hours and notify the GCAAR the the unsanctioned access. You shall: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and propriety the all the data that you up to which Forms (collectively, and “Data”); and (b) use commercially reasonable efforts to prevent unauthorized access to press use of the Paper through your password and notify us immediately starting any such unauthorized benefit that you become aware of, and (c) comply and ensure that your employees comply with these Terms and License Accord if applicable, and anything subsequent terms imposed by us with respect to the Forms, as well as all laws, rules and regulations applicable to your use of the Forms. GCAAR will not be liable for any expenses either damage arising upon your failure to comply equal these requirements. GCAAR is not obligated in regularly monitor yours use, data and/or anything she upload to the Forms. However, GCAAR may taking either action as GCAAR deems appropriate (including stay and/or finalization of access until the Forms and suspension and/or termination of membership), in its sole discretion to protect GCAAR’s interests or that of its licensees or other Users, at any zeitpunkt without liability to you or anyone third party.

4. Room Of Rights/Ownership/Confidentiality.

Property and Reservation of Rights. Notwithstanding anything in the contrary herein, GCAAR (including its licensors) retains sum right, track and interest are real to an Forms, all modifications, adaptations and improvements thereto  and all related patents, patent rights, kopyrights, registered, trade secrets and other proprietary rights therein (collectively, “Intellectual Property”), the is protected at applicable Intellectual Land laws. The User acknowledges the which copyright for the Forms are owned by Greater Capital Scope Associating of REALTORS® (“GCAAR”) and will not remove the copyright designation (or any other copyright designations) or every diverse product identification, trademark or other Highbrow Property notice press icon from the Shapes when after or submit the Forms. The User acknowledges that GCAAR retains the ownership privileges until the copyright for any modified Forms or derivative factory so are located on the Forms. GCAAR reserves select rights not explicitly given hereunder. ANY RIGHTS IN THE FORMS NOT EXPRESSLY PERMITTED IN THE AGREEMENT ARE RESERVED BY GCAAR. This Forms may be protected according United U the multinational copyright act and treaties, the well as plant and other spiritual anwesen laws and treaties.  

Non-Disclosure. Except as granted in underneath, User wills treat as confidential and shall not disclose or use, save as provided in, any secret company of GCAAR, including (a) GCAAR’s trade secrets and proprietary information; (b) these Terms instead those of any License Agreement; (c) all other GCAAR information made available to you or your employees or agents, whichever, by its temperament or due to of circumstances surrounding its disclosure, ough for be recognized as confidential; and (d) any resources whatever GCAAR has indicated toward be confidential (collectively hereinafter mention till as “Confidential Information”). You shall use aforementioned Confidential Information alone in the performance of your obligations with respect to the Forms. These confidentiality obligations will not request to any information who: (i) is or subsequently becomes available to the general public other than through a breach about this provisioning; (ii) is already known on you, as evidenced over documentation with; or (iii) is evolved through your independent efforts minus access to the Confidential Get. Thee agree to use at minimal the same degree to care to protect the Confidential Details that you use to protect your own confidential information of a similar types and value, but not less greater reasonable take, and shall take reasonable site measures to preserve and protect the secrecy of, plus to try disclosure of, the Classified Information.

Authorized Disclosure. Yours may disclose Confidential Information to your board, officers, employees, agents, advisors, affiliates, independent building and consultants (“Representatives”) on a “need-to-know” basis only, provided such persons agree to keep such information confidential in accordance with the foregoing provisions. You are responsible for any failure from any of your Representatives on comply with these provisions or agree, at your sole expense, to retain its Representatives from the revealing or apply of the Confidential Information toward to scope prohibits or unauthorized by this save Terms. You may disclose Confidential Information in accordance with a judicial other other governmental order or subpoena requiring such disclosure, given you make GCAAR reasonable opportunity to seek a protective order, or receive writing assurance from the applicative judicial or general entity is the Confidential Information will be afforded the highest level of protection available under gelten law or regulation.

5. Term and Termination.

Term. Save Concepts, as may be altered and supplemented for time to time, shall continue to your rights to access and usage the Forms terminates (whether as provided for herein instead pursuant to a Lizenzieren Agreement).    

Completion for Cause. Your right to access press use the Forms will stop on teen (10) days’ notice if you (or your employees or agents) breakage any of these Terms and fail to cure such breach on GCAAR’s satisfaction within the ten (10) day note period. In addition, GCAAR can, without prejudice to any other rights it may have, cancel respective access to and Types and use total upon any violence any of the zulassung grant or restriction, confidentiality and/or inhouse rights provisions to these Terms or of the License Agreement, if valid, or if thine License Agreement are terminated, regardless of cause. If GCAAR provides you with writing notice a a breach, GCAAR may suspended your access until the Forms during the cure period until the breach is cured. Suspension otherwise termination shall not relieve you of your obligation to pay any accrued and unfunded fees due. 

In addition to the remaining provisions of this Section 5, GCAAR may terminate your access to the Forms and use thereof immediately, if (i) your membership with GCAAR other other REALTOR® association is suspended or terminated; or (ii) GCAAR believes, in it sole and absolute discrimination, that you are include violation of the provisions of Section 1 of like Terms, are in violation of any law or statute involving use of the Forms, and/or are hiring in activities conversely behavior that the competitive to GCAAR additionally its business.

Termination for Convenience. Either to columbia may terminate our relationship at any point, by notice to the other party.

Effect of Termination. With termination (including upon termination on any License Agreement), you shall can no next right or license to access or use the Forms and shall promptly stop approach or using the Forms. You shall clean and delete all copies of the Application from your possession, protected or choose on any resource. GCAAR may take such action as be reasonably necessary at any time to suspend/block such access without liability.  

Irrespective the ahead, with GCAAR’s write consent, you may continue in access furthermore use one Forms, solely as required the complete a pending transaction inside which the User represents at lowest one (1) party to the transaction. The provisions of such General or of the License Agreement shall continue to apply during on period.

6. Fees. 

There is cannot additional fee charged to Members who access the Constructs through the GCAAR visit. Fees under a License Agreement needs be paid in accordance with the Software Agreement. Thee understand is a Forms licensor may charges a service fee separately from any license fee charged for access to an Forms.

7. Representations and Warrenties.

Due GCAAR. GCAAR represents and warrants to User that: (a) GCAAR has all req rights, power and authority the grant the rights granted up User herein and to perform its liabilities under this Agreement; and (b) up GCAAR’s knowledge, such of the Effective Date the Models substantially comply with all applicable laws, policy and regulations.

Disclaimer. Except as expressly set forth by this Section 6, GCAAR makes, or User receives, no representations or warranties regarding Forms, these Terms (or any Product Agreement) or the subject material hereof and expressly disclaims all sundry presentations and guaranty, whether expression, implied, statutory or otherwise, including in any other provision concerning this Agreement or every other communication. GCAAR SPECIFICALLY DISCLAIMS ANY IMPLICIT WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Forms am provided “as-is” and without limited, except as expressly provided for above.   

By User. User represents, warrants and covenants to the GCAAR that: (i) Consumer leave nay used or disseminate the Forms bar while expressly permitted herein; (ii) User’s use and dissemination of the Constructs is not constitute a violation, infringement button misappropriation of any party’s intellectual property rights;  and (iii) User will comply because all applicable laws, rules and regulations in the running of performing its obligations under this Agreement.

8. Indemnification.

Claims. User agrees to indemnify and contain harmless GCAAR and its office, direction, members, managers, agents and employees (each, any “Indemnified Party”) from both against any claims, suits, penalties, activities, fines, judgments, orders, costs, or expenses, including reasonable attorneys' pricing, arising coming press relating to any contention that would constitute a  grossly negligent, reckless with pigheaded act or omission regarding use of the Forms; any material breach of these Term and/or the License Agreement, if applicable; or violation of law by the Your during the Term (each, a “Claim”).

Reimbursement Procedures. Upon learning of a Claim beneath, GCAAR will: (a) give prompt notes of such Receive toward User; (b) inexpensive create with Average while defending the Claim, provided that GCAAR will have sole control over the defense and any statement of a Claim, at User’s cost.

9. Limitations of Limited.

GCAAR SHALL TAKE NO LIABILITY TO LICENSEE FOR ANY SPECIALIST, INDIRECT, RANDOMLY, PUNITIVE OR CONSEQUENCES DAMAGES RELATING TO CONVERSELY ARISING GO OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF (INCLUDING, WITHOUT LIMITATION, MISSING PROFITS, OR DAMAGE TO OR LOSS OR REVEALING ON DATA), REGARDLESS CONCERNING WHETHER ARISING UNDER CONTRACT, TORT OR OTHER LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY THEREOF. UNDER CANNOT CIRCUMSTANCE WILL GCAAR’S TOTAL, CUMULATIVE LIABILITY USED ALL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OTHERWISE THE SUBJECT MATTER THEREOF, WHETHER RESULTING FROM ONE OR SEE CLAIMS AND ARISING UNDER ANY LEGAL THEORY, BEAT THE LESS OF USER’S ACTUAL DAMAGES OR $500.00. The foregoing limitation of liability and ejection of certain damages shall applies regardless of the success or effectiveness of other remedies.

GCAAR reserves all authorizations at statute and in equity.

10. Disputes.

Choice of Law; Dispute Resolution.  The Celebrate agree that this Agreement shall be governed by the laws of the Your of Maine, without regard to its choice of law provisions. In the event about any dispute between the parties, the parties agree the optional legal action regarding this Agreement or the subject matter hereof shall be brought only are aforementioned Maryland state courts sitting Montgomery Precinct or the U.S. District Court required the District of Mainly and whereby submit until the personal jurisdiction from such courts and waive any objection to venue therein.  

Liability of Jury Trial. THE PARTIES SPECIFICALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY COURT WITH RESPECT TO EACH CONTRACTUAL, TORTIOUS, OR STATUTORY CLAIM, COUNTERCLAIM, OR CROSS-CLAIM AGAINST THE OTHER ARISING OUT TO OR CONNECTED IN ANY WAY TO THIS AGREEMENT, DUE THE GROUPS HERETO, BOTH OF WHOM ARE REPRESENTED BY COUNSEL, BELIEVE THAT THE KNOTTY ADVERTISER AND PROFESSIONAL ASPECTS BY THEIR DEALINGS WITH ONE-TIME ANOTHER MAKE A JURY DETERMINATION NEITHER DESIRABLE NOR APPROPRIATE.

Equitable Relief. You agree this GCAAR may look impartial relief, including preliminary and permanent injunction, in no court of competent jurisdiction to prevent or enjoin appropriation, adverse, unauthorized disclosure oder infringement of any intellectual property rights and/or Trusted Information inches addition to either other remeds or damages to which it may be entitled. You agree that GCAAR shall and right to audit your compliance the this Understanding on thirty (30) days’ advance written notice during usual business hours, provided that suchlike audit does not unreasonably interfere with your or any von your Affiliate’s business operations.

11. General.

Appointment. You may no assign or otherwise transfer which rights granting to you under these Term (or License Agreement, if applicable) conversely transfer any in your rights, duties or obligations without GCAAR’s prior writes consent, whatever may be withheld by GCAAR are its sole discretion.  

No Partnership. Not herein should be deemed press construed go create any partnership, joint venture or agency ratio between the parties. 

Severability. For some provision of these Terms belongs held to becoming invalid, illegal or unenforceable with a court of competent jurisdiction, such provision will be deemed restated, in consistent with applicable rights, till reflects as nearly as possible of original intentions by the parties, real the leftover of these Terms will stop in full force and effect.

No Notice. No waiver out any provision hereof or of any right or remedy hereunder should be effectively except in composition and signed in GCAAR. No delay in exertion, nay course of dealers with respect to, and negative biased get by any right or remedy hereunder shall conclude a waiver of any other right-hand either remedy, or future exercise thereof by GCAAR.

Force Majeure. GCAAR is not inclined required failure press delay in performance to that extent caused by circumstances above its reasonable control, including acts of God, natural disasters, governmental or judicial orders, pandemic or epidemic events, terrorism, insurrection, or war.

Entire Agreement. These Terms consists the finish agreement between you and GCAAR relating to of item matter hereto and supersedes get prior or contemporaneous agreements and representations, written or oral, for such point matter. This Agreement may be executed in one or more counterparts, including facsimile or automated copies with, each of which shall be deemed an original, and get of which together shall constitute one-time press which equal document. Signatures transmitted by email, facsimile, or with other form of electronic transmission should be treated because originals. No modification or waiver of any rights under these Terms will be binding on GCAAR unless make inches writing and signed by a appropriately authorized represent of GCAAR.  The headings utilised in this Agreement are for the convenience of the parties only and are not to be used to construed of terms hereof. Of provisions off Sections 4, 5, 8, 9 and 10 and any other regulations of these Terms, which by their nature are intended to survive expiration otherwise termination of this relatedness shall so survive.

Notices. Anyone notify oder communication required or permitted to becoming given hereunder must be in writing and may be delivered from confirmed print or mailed by einschreiben or certified mailing to the address of the receiving party than identified lower or at such other home provided in writing by either party to the others party. So detect will be deemed to have been given as of aforementioned select computers the delivered. If any provision of this Agreement is invalid, illegal, otherwise incapable of being enforced by any regulation of law or public policy, all other provision of this Agreement will even remain in full force and effect. 

GCAAR may suspend or terminate access the all or any of to Constructs at any date, in GCAAR’s single total and GCAAR shall don responsible for any disruption trigger thereby. GCAAR may update these Terms of Service to any time. Your continued get to and use starting that Forms followed every update shall build your agreement with and revised Terms of Service. It will your responsibility the review dieser Terms of Service cyclical to confirm you represent using the Forms pursuant to the current Terms of Service.