Terms and Conditions for Website Use
Updated December 17, 2021
Comey, our service providers, and licensed Agents are merely providing you a Site to view and exchange information and in no way endorse, guarantee, or are responsible, and will not be held liable for the accuracy or reliability of any content posted on the Site by an Account User or any licensed Agent. Content and opinions posted on the Site by Account Users or licensed Agents belong to those respective author(s) and not by Comey or any affiliated entities it may have. Any use or reliance on any content and opinions posted on the Site or obtained by you through the Site is at your own risk.
You may register, maintain and create an Account for the Site, if you are eighteen (18) years of age or older. You are responsible and liable for all activities conducted in connection with your Account, and the accuracy of all information relating thereto, including contact, technical and payment information and your login credentials. You are responsible for updating your Account information when it changes, and notifying us if there has been any unauthorized use of your Account. You will not allow your Account to be shared or used by more than one individual.
Account User Responsibilities
You represent and warrant that you:
- Are entitled to grant the rights and licenses to any content you may upload to the Site under these Terms and that your content does not infringe on any party’s intellectual property rights or violate applicable law;
- Will not engaged in any commercial exploitation of the Site or its services and features;
- Are a prospective purchaser or seller of real property in the geographic areas where Comey is licensed and operating with a bona fide interest in the purchase or sale of such real property, or a current or past Comey client;
- Will abide by all copyright restrictions placed on the content of the Site including but not limited to, any material or data compilations where we or others may hold the copyright;
You will not engage in any of the following activities while using the Site or any of its features or content:
- Use the site in violation of any third party license or agreement;
- Use, modify, copy, or create derivative works from the Site or any Marks without the applicable owner’s written permission, including without limitation using automated or manual means to access copy content from the Site;
- Frame, mirror, embed or otherwise incorporate any portion of the Site in any other site, service or product;
- Send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful content;
- Facilitate the transmission or use of any malicious code, traps, time bombs, malware, viruses, worms, trojan horses and the like;
- Use the Site in any way not expressly authorized by these Terms of Service;
Any User that holds any type of real-estate license that is not affiliated with Comey, including, but not limited to a brokers, associate brokers or salespersons license, must immediately advise us before that User may access any restricted material including, but not limited to, house listing data or other data compilations. We reserve the right to deny or terminate access to any real-estate agent who is not an Agent, except for the real-estate agent’s limited purpose of accessing the Site to maintain our compliance with MLS rules.
Property Data Restrictions
In addition to other restrictions herein, all property data provided on the Site is for your personal, private, and non-commercial use and not available for redistribution, retransmission or copying. You may not sell or use such date for any purpose. You acknowledge that the MLS data on the Site is owned by the respective MLS owner and you acknowledge that validity of the MLS’s copyright to such data.
Equal Housing Opportunity
We fully support the principles of the Fair Housing Act and Equal Opportunity Act. We endeavor to treat all parties fairly and honestly and to support equal housing opportunities.
Copyright and Trademark Information
All content posted to the Site by or at the direction of Comey, including names, images, logos and pictures identifying services of Comey or any of its site designs, text, graphics, interfaces, and the selection and arrangements thereof, is licensed by or is the property of Comey and/or its affiliates and is protected by intellectual property rights. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any part or all of the Site or the content contained therein without prior written permission of an authorized officer of Comey.
Comey and its logos and other trademarks are its proprietary marks and may not be used in connection with any product or service that is not provided by Comey, in any manner that is likely to cause confusion, or in any manner that disparages or discredits us. Nothing contained herein shall be construed as conferring any license or right under any Comey patent, copyright, or trademark.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Comey or the Site.
DMCA Compliance Terms
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on our Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. This notice must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. We will need direct URLs to the content/image(s) being referenced. If URLs are not available, we will need screenshots.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.
In accordance with the DMCA, we have designated an agent to receive notification of alleged copyright infringement. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
Comey & Shepherd LLC
6901 Wooster Pike
Cincinnati, OH 45227
Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Disclaimer of Warranties
COMEY IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SITE. THE MATERIALS ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMEY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
COMEY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE OR ITS CONTENT.
COMEY MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT; OR (c) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. COMEY HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liabilities
IN NO EVENT WILL COMEY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF COMEY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITE, SERVICES, OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (e) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SITE.
IN NO EVENT WILL COMEY’S LIABILITY OR THE LIABILITY OF ITS LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED $1,000.
THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF SERVICE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
You agree to defend, indemnify, and hold Comey, its parents, predecessors, subsidiaries, assigns, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers, and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your (or other user of the Site using your computer or internet access) infringement of any intellectual property or any other right of any person or entity.
Your right to use the Site automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Site. Comey also reserves the right, in its sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice.
Governing Jurisdiction of the Courts in the State of Ohio
This Agreement is governed by and will be construed according to Ohio law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from this Site, you consent to the jurisdiction of the courts of Hamilton County, Ohio, and of the federal district court of the Southern District of Ohio. You further agree that venue for litigation arising from this Site will be exclusively in the Southern District of Ohio or its counterpart state court.
This Agreement represents the entire agreement between you and us. No distributor, agent, or other person is authorized to modify this Agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of this Agreement regarding the Site.
You acknowledge and agree that Comey may preserve and disclose the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (a) to comply with legal process, such as a court order, search warrant, or subpoena; (b) to enforce the terms of this Agreement; (c) to render service you request; (d) to protect Comey’s rights or property; or (e) in circumstances that Comey deems, in its sole discretion, to pose a threat to the safety of you or others.
The Site may include technical inaccuracies or typographical errors. Comey products may be mistakenly listed at inaccurate prices, they may be mistakenly listed as available when, in fact, they are unavailable, or they may be mistakenly described. Comey reserves the right to refuse or cancel any such quotes or orders.
Comey may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Comey.
Modifications and Interruptions to Service
Comey reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted on the Site. Your continued use of the Site or purchases made after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as expressly stated herein, this Agreement may not be amended.
Comey reserves the right to modify or discontinue the Site with or without notice. Comey shall not be liable to you or any third party should Comey exercise its right to modify or discontinue the Site. You acknowledge and accept that Comey does not guarantee continuous, uninterrupted, or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Comey’s control.