Terms of Use

SRE.com is a service of SRE Technologies Inc. ("SRE"). Please carefully read Our Policies regarding Privacy and Terms of Use of this website (“Our Policies”) printed below. By accessing the SRE website and using this service, you acknowledge that you have read Our Policies and agree to be bound by the terms of Our Policies. If you do not agree to the terms and conditions of Our Policies, you may not access or otherwise use this SRE.com service. We may change the terms of Our Policies from time to time. By continuing to use this service after we post any such changes, you accept these new terms and conditions of Our Policies.
Privacy registration data and certain other information about you are subject to our Privacy Policy and Terms of Use which you can review on SRE.com by clicking on this link: https://sre.com/privacy

Prohibited Activities

You acknowledge and agree that you will not to use or permit others to use this SRE.com service, for any of the following: (a) taking any action that imposes an unreasonable or disproportionately large load on infrastructure of SRE.com, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclosing to, or sharing with any unauthorized third parties, the assigned IDs and/or passwords;  (c) using the assigned confirmation IDs and/or passwords for any unauthorized purpose; (d) attempting to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of SRE.com; (e) uploading, posting, emailing or otherwise transmitting any information, content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (f) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (g) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy SRE.com pages, or the content without our prior written permission, provided that you may use generally available third party Web browser such as Netscape Navigator® and Microsoft Internet Explorer®.

Security Measures

SRE has taken the following important measures to protect against loss, misuse or alteration of your personal information. Whenever personal information about you is stored, that information is password-protected from unauthorized access or use. In addition, this information is kept only on servers that are located behind a “firewall,” designed to keep unauthorized users from accessing our network. Our network firewall is a combination of hardware and software. The User ID and Password you use, prevents others from accessing your information. SRE can only protect you if we know that your Password or IDs have been compromised. To contact us, send e-mail to [email protected].

Use of SRE.com

SRE.com is for your personal use only. You may not resell or offer use of SRE.com to any other person. The materials available through SRE.com are the property of SRE protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through SRE.com, but you may not otherwise reproduce or distribute copies of materials found on SRE.com in any form (including by e-mail or other electronic means), without the prior written consent of SRE. Maui data is based on information from the Multiple Listing Service of the REALTORS (R) Association of Maui for the last 365 days.
We may change, suspend or discontinue any aspect, feature, database or content of the SRE.com at any time. SRE may also impose limits on certain features and services or restrict your access to parts or all of the SRE.com without notice or liability. We reserve the right to make changes, corrections, and improvements to the SRE.com at any time without notice.

Errors and Omissions

The content that appears on the SRE.com is for informational purposes only. Despite our efforts to provide useful and accurate information, SRE.com may from time to time contain inaccuracies, errors or omissions, or other mistakes. We regret any such errors, but you acknowledge and agree by using our service that SRE is not liable by any such errors. Before you decide to act on information you have found on the SRE.com, you should confirm with your SRE agent, or otherwise, any information that is important to your decision. We reserve the right, in our sole discretion, to correct any errors or omissions that may appear on SRE.com.

Disclaimer of Warranties and Liability

Our goal is to make SRE.com an informative and useful, but we cannot guarantee that problems will never arise. Please read this Disclaimer carefully before using the SRE.com website. The materials on this website are provided “as is” unless otherwise specified in writing. You agree that you use of, and reliance on any content in, SRE.com is at your sole risk. It is possible that you may experience problems with the information provided. Your understand that you are solely responsible for any damage to your computer system that results from any material or data downloaded from or otherwise provided through SRE.com which is provided to you as is, with all faults, and as available. SRE, its affiliates, agents and licensors, can not and do not warrant the accuracy, completeness, reliability, correctness, noninfringement, or appropriateness for a particular purpose of the information available through SRE.com, nor do they guarantee that the service will be error-free, or continuously available, or free of viruses or other harmful components. SRE disclaims all warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability and fitness for a particular purpose. Under no circumstances shall SRE, its affiliates, agents or licensors be liable to you or anyone else for any damages arising our of the use of SRE.com, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages. Under no circumstances shall SRE, its affiliates, agents or licensors be liable to you or anyone else for any damages arising out of data theft or the use of information on SRE.com that is deemed to be inaccurate due to unauthorized entry or hacking into the website. You agree that the liability of SRE, its affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way connected to your use of the service shall not exceed the amount you paid to SRE to use the service.

Scope of Our Policies

The terms and conditions of use set out in Our Policies constitute the entire agreement between SRE and you with respect to your use of SRE.com. You may have a separate agreement with SRE regarding our representation of you in the sale or purchase of real property, and the terms and conditions of use set out in Our Policies does not change or alter the terms of any such agreement in any way. Any cause of action you may have with respect to your use of the SRE.com must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of Our Policies, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of Our Policies and the remainder of Our Policies shall continue in full force and effect. Any controversy or claim arising out of or relating to your use of SRE.com, shall be settled by arbitration in Honolulu, Hawaii in accordance with the applicable Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Your agreement with our policies shall be governed by and construed in accordance with the laws of the state of Hawaii, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any legal action or proceeding hereunder shall be an appropriate sate of federal court located in the state of Hawaii. Indemnification you agree to indemnify, defend, and hold harmless SRE, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of Our Policies. Entire agreement the provisions and conditions of Our Policies, and each obligation referenced herein, represent the entire understanding and agreement between you and SRE, its affiliated or related entities, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between Our Policies and any future published terms of use or understanding, the last published version of Our Policies or terms of use or understanding shall prevail.

Language Translation

This service may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement. The SRE website may have been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the SRE website, and are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

Signing Buyer Representation Contract (Exclusive Right to Represent)

To get the refund of buyer’s agent commission, you also need to sign a Buyer Representation Contract to assign SRE as your buyer’s agent when you want to start the transaction.

Logging in & Editing Your Contact Information

If you would like us to delete or change your personal information, please send a request to [email protected]. Your log in ID is your email address and you can reset your password if you lost or forgot your password.

Sharing Your Information

SRE will not sell or rent any customer information. At no time does SRE share your password with any third party.

How We Use Your Information

SRE uses information collected about you for the following general purposes: to provide you with the services or information you request; to provide you with real estate updates; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our services, and website; to notify you about special offers and services that may be of interest to you; to otherwise customize your experience with the SRE.com website; to solicit information from you, including through surveys; to resolve disputes or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Privacy Policy and Terms of Use; and as otherwise described to you at the point of collection.

SRE does not collect sensitive data such as credit card information or social security numbers. You should never email sensitive information or send sensitive information over unsecured web forms.

Notification of Privacy Policy and Terms of Use Changes

Any changes by SRE to its Privacy Policy and Terms of Use that may impact the practices described on this website will be posted on this site. In no event will any such changes to this Privacy Policy and Terms of Use apply with respect to data previously collected through this site.

Proprietary Information

All intellectual property contained on the SRE website is the exclusive property of SRE or its content contributors. This content cannot be copied, reproduced, or used without written permission from SRE. This website contains logos, trademarks, service marks and design elements that are proprietary to SRE. These trademarks are protected under applicable trademark laws and cannot be copied, reproduced or used without written permission from SRE. Reproduction, storage, or use of materials retrieved from the SRE site is subject to applicable copyright laws.

Security Measures & Data Protection

SRE has taken the following important measures to protect against loss, misuse or alteration of your personal information. Whenever personal information about you is stored, that information is password-protected from unauthorized access or use. In addition, this information is kept only on servers that are located behind a “firewall,” designed to keep unauthorized users from accessing our network. Our network firewall is a combination of hardware and software. SRE cannot protect you if we do not know that your Password or IDs have been compromised. To contact us, send e-mail to [email protected].

Personally Identifiable Information Collect

Personal information (such as your name, address, zip code, telephone number, and e-mail address) will be primarily used to validate that you are a client of SRE and have been given access to the private section of the website by a SRE agent, but may be used by SRE to help us offer content and services that are most likely to appeal to you. The information gathered automatically by our system - such as your computer’s IP address, the kind of browser you are using, and a record of your navigation through our site - may be used by SRE so we can understand how to make our sites convenient and useful to our audience. SRE will not disclose personally identifiable information about you to third parties not associated with SRE.

Children's Privacy

SRE is committed to protecting the privacy and safety of our children. We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act). SRE does not provide services to minors (children under the age of 18,) nor do we intentionally collect data from minors. Our website and services are all directed to individuals who are eighteen years old or older. Should a minor send personal information to us, we will use that information only to respond directly to that minor to inform him or her that we may not provide service to them. Data known to be from minors will be immediately deleted.

How SRE Uses Cookies

Generally, SRE uses cookies to customize your experience on our website. Cookies are small data files sent to your browser from a web server, which is then stored on your computer’s hard drive. The cookies will allow us to better understand how our site is being used and to improve the content and services we offer. Individuals can prevent the use of cookies by refusing to accept them or disabling them in the security settings of the Internet browsers. One may also remove cookies from one's own hard drive. However, in doing so, your ability to perform certain functions on our site will be affected.

How to Opt-Out of Future Communications

Registered users may opt-out of receiving further communications through e-mail. Users can cancel our opt-out newsletter by e-mailing [email protected].

User-Initiated Communication

The SRE.com website enables you to send e-mail to your SRE agent. Whenever you choose to initiate these kinds of communications with us, or anyone else, you may expect to be contacted in return.

Contacting Us

In the event of any question relating to this site, please e-mail us at [email protected] or mail us at: 100 Wilshire Blvd., Suite 1230, Santa Monica, CA 90401.

General questions regarding our Privacy Policy and Terms of Use may be e-mailed to [email protected].

This Privacy Policy and Terms of Use is effective as of June 1, 2014.

Regional Multiple Listing Service of Minnesota, Inc

End-User License Agreement for consumers accessing public MLS and broker web sites, including Broker Reciprocity sites

Introduction

To satisfy the requirements of RMLS policy (1) This agreement must be available to consumers before they are able to see the IDX data and must be available for review at the beginning of each visit by the consumer. (2) The consumers must assent affirmatively to the terms by clicking a button that prominently says I AGREE. (3) Failure of a consumer to assent to the terms must result in no further access to the data for that consumer. This can be done unobtrusively by putting a link near the ‘Search’ button on the search page. The link could say “I have read and agree to the terms of the license agreement” (with “license agreement” linked to the full text of the EULA). The language used in the agreement must be exactly the language presented below, unless RMLS approves alterations in writing in advance.

Required Agreement text

The following terms and conditions govern all access to and use of this site. You accept, without limitation or alteration, all the terms and conditions contained herein. THIS AGREEMENT IS A BINDING CONTRACT AND INCLUDES TERMS THAT LIMIT YOUR LEGAL RIGHTS AND LICENSORS’ LIABILITY TO YOU. CONSULT YOUR ATTORNEY BEFORE AGREEING IF YOU DO NOT UNDERSTAND ANY OF THE TERMS HERE.

End-User License Agreement

This End-User License Agreement (“EULA”) is a legally binding contract between you; and the owner of this site, SRE (“Broker”); and Regional Multiple Listing Service of Minnesota, Inc., d/b/a NorthstarMLS and NorthstarMLS.com (“RMLS”)

You seek access to real estate listings that are made up of factual information and creative content. This “Licensed Content” appears on this “Licensed Site.” Licensors wish to grant you access to the Licensed Site, but use of this information is limited by the terms of this license.

In consideration of the mutual covenants contained herein, you and Licensors hereby agree as follows:

1. Access permitted. Licensors agree to provide you online access via the World-Wide-Web to the Licensed Content and the Licensed Site for the duration of the current viewing session. You acknowledge that you will be required to execute a new EULA upon your next visit to the Licensed Site. You agree not to attempt to access the Licensed Site after the termination of this EULA.

2. Acknowledgement of Title. You acknowledge that all right, title, and interest in the copyrights and other intellectual property rights in the Licensed Site and the Licensed Content reside at all times in Licensors and their licensors. The trademarks, logos, and service marks (collectively the “Marks” or “Mark”) appearing on the Licensed Site are registered and unregistered marks of Licensors and others. Neither this EULA nor the Licensed Site grants you any right to use any Mark displayed on the Licensed Site or any other Marks of Licensors.

3. License. Licensors hereby grant you a revocable, limited, nonexclusive license during the term of this EULA to duplicate, distribute and display the Licensed Content and the Licensed Site, solely for your personal, noncommercial use, and subject to the limitations set forth in this EULA. Licensors grant nonexclusive licenses and not exclusive licenses or assignments. All rights not expressly granted in this EULA are reserved.

4. Limited Use. You will not: (a) Use the Licensed Site, Licensed Content, or both for any purpose other than a personal, non-commercial one; (b) Disclose any of the Licensed Content, including factual content, to any third party except in furtherance of your personal real estate transaction, and then only to the extent necessary; 20 (c) Gather, or attempt to gather, by any automated means, including “screen scraping” or “database scraping,” factual content or any other portion of the Licensed Content from the Licensed Site; or (d) Employ the Licensed Content, the Licensed Site, or both for any unlawful purpose.

5. License revoked. Your license to use the Licensed Content and the Licensed Site is immediately revoked, without notice from Licensors, in the event that you breach any provision of this EULA.

6. General terms.

(a) Term and termination. Any party may terminate this EULA upon notice to another. In the event of termination, all licenses hereunder immediately terminate, and you agree to discontinue accessing and attempting to access the Licensed Site. The terms of sections 2, 4, and 6 of this EULA shall survive its termination.

(b) Disclaimer of warranties. LICENSORS PROVIDE THE LICENSED SITE AND LICENSED CONTENT ON AN “AS IS,” “AS AVAILABLE” BASIS. LICENSORS MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE LICENSED CONTENT. YOU ARE ADVISED THAT FACTUAL MATERIAL IN THE LICENSED CONTENT, THOUGH DEEMED RELIABLE, MAY CONTAIN ERRORS AND IS SUBJECT TO REVISION AT ALL TIMES. YOU ARE ADVISED TO CONFIRM ALL FACTUAL MATERIAL UPON WHICH YOU INTEND TO RELY IN ANY TRANSACTION. THE LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE LICENSED SITE AND THE LICENSED CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Possible errors in the Licensed Content include, but are not limited to, incorrect measurements, improper classification of rooms and features according to local zoning codes, incorrect status with regard to availability for sale, incorrect photograph, and incorrect information about improvements.

(c) Limitations and exclusions of liability. UNDER NO CIRCUMSTANCES SHALL THE LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE LICENSED SITE, THE LICENSED CONTENT, OR BOTH. YOUR SOLE REMEDY, IN THE EVENT THE LICENSORS OR ANY ONE OF THEM BREACH THIS EULA, SHALL BE TO TERMINATE THIS EULA. IN THE EVENT THE LIMITATIONS SET FORTH IN THE PRECEDING TWO SENTENCES ARE HELD BY ANY COURT TO BE UNENFORCEABLE, LICENSORS SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND IN EXCESS OF $500.

(d) Indemnification. You will defend, indemnify and hold the Licensors harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) in any claim, demand, action or proceeding initiated by any third-party against the Licensors arising from any of your acts, including without limitation violating this or any other agreement or any law.

(e) Assignment. You may not assign or delegate this EULA or any obligations, rights, or duties hereunder. Any attempted or purported assignment or delegation in contravention of this section is null and void.

(f) Integration and severability. This EULA contains the entire understanding of the parties and supersedes all previous oral and written agreements on the subject matter hereof. Each provision of this EULA is severable from the whole, and if one provision is declared invalid, the other provisions shall remain in full force and effect.

(g) Governing law. This EULA shall be governed by, and construed in accordance with, the laws of the State of Minnesota applicable to contacts made and performed in Minnesota, but without regard to the choice of law and conflicts of law provisions thereof. The parties hereby agree that any dispute under this EULA shall have its forum in the state or federal courts located in Ramsey County, Minnesota, in the United States of America, and the parties hereby consent to personal jurisdiction therein and expressly waive any defenses to personal jurisdiction, including forum non conveniens