PRIVACY POLICY STATEMENT:
The Northern Virginia Association of Realtors® (” NVAR”) is strongly committed to the protection and security of the information provided it by members and affiliate partners of NVAR.
Your privacy and trust are so important to us that we want to advise you of our practices regarding any information you provide us by and through WWW.NVAR.COM (the “Site”). The policies in the Privacy Policy (the “Privacy Policy”) apply only to the Site.
The Site was created to facilitate the ability to promote NVAR REALTOR® members and organizations and affiliate partners to the general public.
WHAT INFORMATION WE COLLECT:
The site is informational. To gain access to the members-only resources, members are given a login and password. We do not collect any personally identifiable information from members or affiliate partners online unless they voluntarily submit an application for membership, create a profile, purchase a product or service, or register for a class or event. During these processes, we may collect contact information such as name, business address, telephone number, email address, bank account number, credit card number, and debit card number.
In addition to the information members and affiliate partners voluntarily submit, we may collect your IP (Internet Protocol) address to administer the Site and best serve our members. When a web browser or email application requests a web page or email from another computer on the Internet, it automatically gives that computer the address where it should send the information. This is called the computer's "IP address." This "address" does not contain any personally identifiable information.
HOW WE USE THE INFORMATION:
NVAR will not sell, rent, or exchange any data collected through the Site from our members or affiliate partners except as provided in the Privacy Policy. The National Association of Realtors® and the Virginia Association of Realtors® have posted their own “privacy policies” and “terms of use” which you can read on their respective websites. Those “privacy policies” and “terms of use” may differ from ours.
We will use your email address to contact you for association business, weekly newsletters, updated information, surveys or promotions.
NVAR member contact and other information is available to visitors on the Site by way of the ”Find a Realtor®” or “Find an Affiliate” section. This service is a member benefit and is made available to further the objectives of promoting our member Realtors®, Affiliates and Appraisers. Members can deactivate their membership for the purpose of being de-listed from the membership directory by contacting the Member Services department at 703-207-3200 or via email at membership@nvar.com. and request them to revoke their membership with NVAR.
We use the Realtor® Electronic Commerce Network ("E-Commerce Network") when you make payments by credit card or debit card. Credit card or debit card information that you and credit authorizers provide when you make payments by credit card or debit card for products, dues or services through the E-Commerce Network will be used only to process the transactions you requested, including but not limited to automatic renewal payment of membership dues unless you opt out of automatic dues renewal. This information will be provided to and maintained by reputable credit reporting databases, but will never be sold, shared or provided to other third parties. Your credit card or bank statement may reflect the name “Realtor Association/MLS Chicago, IL” as the vendor, and this name will appear on any transactions processed by NVAR.
NVAR does not retain, share, store or use this personally identifiable information for any other purposes.
NVAR may disclose, transfer, sell or assign information obtained through the Site, or otherwise in its possession, to third parties as a result of a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of NVAR. You will be notified via email or prominent notice on the Site for 30 days of any such change in ownership or control of your personal information
NVAR may also make information obtained through the Site, or otherwise in its possession, available to law enforcement personnel and agencies when requested to do so or as required by law.
YOU HAVE CHOICES:
NVAR offers members the opportunity to correct, update and amend information by logging into www.nvar.com and making changes in the “Edit Membership Info” section. If you have any concerns, please feel free to notify us by email or phone and we will make every effort to correct, update or amend your information. You may contact us by email at membership@nvar.com.
COOKIE TECHNOLOGY:
Cookie technology is employed any time you access the Site. "Cookies" are small text files sent by Web servers to be stored on the hard drive of Site users and help us better serve you. NVAR uses “session cookies” that control the current state of the Site and contain the information useful only to the computer memory. These files often contain personalization settings or unique identifiers for successful logging in to the password-protected part of the Site, to keep track of your information and to help us understand the movements of users within and between websites.
“Session cookies” do not contain any personal information about you when visiting the Site.
DATA SECURITY:
We also want you to know that we take the security of your information very seriously. We use industry accepted tools and procedures that protect the files in our data system and have established an offline privacy policy regarding the membership and other information maintained by NVAR. Secure Sockets Layer (“SSL”) encryption is used to transmit sensitive data such as credit or debit card numbers to the site. You need to be aware that due to the open communication nature of the Internet we cannot guarantee that communication between you and us, and us and you will be free from unauthorized access by third parties, nor can NVAR be responsible for members', and affiliate partners' information stolen from the Site by information harvesting software which may have the ability to scrape data, such as your email address, from our online membership directory.
BUSINESS & PRIVACY ISSUES WITH LINKS TO OTHER SITES:
NVAR is not responsible for the availability of or the business and privacy practices of other websites which are linked from Site. We provide these links for information and service. We do not take responsibility for the contents, advertising, products or other materials made available through any other third-party website nor for their data collection practices. We refer you to their privacy statements and/or policies to learn how they collect and use information about you.
Occasionally when linking to another third-party website, you may still see the Site’s logo or frame. This is to provide you with a seamless experience when visiting the Site. In these cases you are no longer on the Site and are now on a different third-party website whose information collection practices may differ from ours. The privacy policy of the third-party website you are on will govern how information collected from you is used. On these pages, you will see the Site address in the location bar of your browser and we will take steps to notify you when you leave the Site and go to a third-party website.
PRIVACY POLICY CHANGES:
NVAR reserves the right to change or amend this Privacy Policy to address new issues of privacy and information security and to reflect changes to the Site or business practices. Any new changes and/or amendments will be noted on our home page and will always be posted in this section of the Site.
If we make material changes to the Privacy Policy in how we use your personal information, we will notify you here, by email, or by means of a notice on our home page.
QUESTIONS ABOUT OUR PRIVACY POLICY:
If you have any questions about the Privacy Policy or the practices of the Site, you can send an e-mail to: privacy@nvar.com.
TERMS OF USE
NORTHERN VIRGINIA ASSOCIATION OF REALTORS (“NVAR”)
TERMS AND CONDITIONS OF USE (“AGREEMENT”)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR ACCESS AND USE OF WWW.NVAR.COM(the “Site”) CAREFULLY.
1. Acceptance of Terms of Use.
By using the Site with your personal login, you agree to be bound by the Agreement. You acknowledge that you have agreed to the Privacy Policy and the Agreement, the terms of which govern your use of the Site and the information you access from it. The Agreement you are accepting by using the Site. NVAR, its subsidiaries, members, business affiliates and suppliers (“we” “us” or “our”) make the information and services provided on the Site available to you, conditioned on your acceptance without modification of the Privacy Policy and the Agreement. We reserve the right to modify them at any time. You should check the Privacy Policy and the Agreement periodically for changes. By using the Site after we post any changes to the Privacy Policy or the Agreement, you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept the Privacy Policy or the Agreement at any time, please do not use the Site.
2. Scope of Terms and Conditions.
The Agreement applies to your use of the Site owned and operated by NVAR. The Agreement does not apply to your use of unaffiliated websites to which the Site merely links or frames, as outlined in the Sites’ Privacy Policy.
3. Links.
These Terms apply only to the Site and not to the websites of any other companies, organizations or individuals including those to which the Site may link. We are not responsible for the availability of any other site to which the Site links. We do not take responsibility for the contents, advertising, products or other materials made available through other any site nor do we endorse the sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use or reliance on any content, goods or services available on any other site. Please direct your concerns to that site’s webmaster or appropriate contact.
4. Proprietary Rights and Restrictions on Use:
You acknowledge that the information available through the Site may include textual, statistical, financial, photographic, video and audio components which are protected by United States Copyright Law. You acknowledge that this information is confidential and its use is restricted to your own internal business purposes, and no other commercial purpose. You shall not reproduce, redistribute, publish, retransmit, broadcast, sell or license or allow anyone else to reproduce, redistribute, publish, display, retransmit, broadcast, sell or license any such information, except as agreed in writing between us. You agree to comply with any additional use restrictions which may be announced by NVAR at any time regarding specific information provided through the Site.
5. Copyright Ownership.
All rights, title and interest in the Site created by NVAR and in the ownership of the copyright therein, shall at all times remain vested in NVAR. NVAR shall have the right to license such compilations or portions thereof and any data contained therein to any entity pursuant to the terms agreed upon by the NVAR Board of Directors.
6. Restrictions on Use.
You may not modify, publish, copy, transmit, reproduce, license, create derivative works from, adapt, transfer, sell or in any manner commercially exploit any and/or all information and content obtained from the Site. This prohibition includes, but is not limited to, the practice of “screen scraping” which we consider theft of our proprietary information and those who deal with our data in this manner may be subject to prosecution. By using the Site you warrant to NVAR that you will not use the Site for any unlawful purpose or any prohibited use pursuant to the Agreement. Your violation of any of these prohibitions automatically terminates your right to use the Site and you are on notice that we intend to pursue our legal remedies for any violation.
7. Security of Our Access ID’s and Penalties for Disclosure.
The National Association of Realtors® (“NAR”) owns the unique numeric ID (“Access ID”) you will use to access the Site, and we use it with their full permission. You will treat the Access ID as private, confidential and personal and will safeguard and maintain its confidentiality. Use by any other person will be considered theft. You are liable for any consequences that may result from unauthorized disclosure of the Access ID, whether intentional, negligent or inadvertent, including but not limited to immediate termination of the Agreement and liability for liquidated damages. Technological advances allow us to seed the data on the Site and to undertake user monitoring on a regular random basis such that violations of the security of our Access IDs will be detected.
8. NVAR Legal Hotline Terms of Use
Purpose
The NVAR Legal Hotline (the “Hotline”) is an exclusive members-only benefit which allows members access to NVAR attorneys for their real estate-related questions. NVAR attorneys are fluent in the NAR Code of Ethics, NVAR Standard Forms, licensing laws, and relevant real estate law in Virginia, Maryland and the District of Columbia. An NVAR attorney will call you in response to your submission on the Hotline in most cases within a few hours, but certainly within one business day. Please ensure that your phone number is accurate in your submission. NVAR attorneys will not email answers to any submissions. All questions will be answered in the order they are received during regular business hours.
Frequently, the answer to your question can be found in the NVAR Legal Hotline FAQs. We encourage you to search the FAQs before submitting a ticket to the Hotline.
By submitting a question to the Hotline, you represent that you have read and understand NVAR Legal Hotline Terms of Use.
NVAR Legal Hotline Terms of Use
The Hotline is intended to keep the members abreast of legal developments and concerns involving the real estate industry. As a Realtor® and a member of NVAR, the Hotline is available to you should you ever need legal information. Legal information is not the same as legal advice.
NVAR attorneys will not provide the following services to you, your firm, your clients, or customers:
- Legal advice or legal opinions;
- Legal representation in any proceeding or transaction;
- Assistance filling out forms;
- Prepare contract terms or language or review member-supplied terms or language from non-NVAR sources;
- Serve as a mediator or arbitrator between members, their clients or firm;
- Any other services as determined in the sole discretion of NVAR.
You should consult an attorney retained by you or your firm, if any, for legal opinions and representation, and encourage your clients to seek legal counsel when appropriate.
You understand and agree that by submitting a question to the Hotline:
- No attorney-client relationship of any kind is established with NVAR attorneys; and
- NVAR attorneys will not keep the content of our conversation(s) confidential, and no attorney-client privilege is established with NVAR attorneys. You understand that NVAR may disseminate summaries of Legal Hotline inquiries, without attribution, to others for education purposes and that my questions may appear in NVAR publications or as examples during education classes.
You understand and agree that NVAR assumes no actual or implied responsibility for any improper use or misuse of responses to questions through this service. You also understand and agree that you may not convey, represent, or imply to others, including without limitations, clients, customers, or other licensees, that information obtained through this service is legal advice rendered by or on behalf of NVAR.
9. Liability Disclaimer.
You use the Site at your own risk. Your use of the data provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR ANY OF OUR MEMBERS, AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH USE OF THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THE SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.
10. Warranty Disclaimer
You expressly understand and agree that the Site and the information available through the Site is provided on an “as is” “as available” basis. NVAR does not warrant that the Site will be uninterrupted or error-free, and NVAR makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information available through the Site. NVAR expressly disclaims any and all warranties with respect to the Site and the information available through the Site, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The Site and the information available through the Site are always subject to change.
11. Indemnification.
You shall indemnify and hold us and third-party information suppliers, harmless from any and all liability (including reasonable fees of attorneys and other professionals) arising from any claim or proceeding initiated by any third party against us, based upon (a) any inaccuracy of any listing information supplied by you, (b) any unauthorized use of our Access IDs, (c) any unauthorized use of the Site, or (d) infringement of any third party’s proprietary or contract right as a result of the availability of your listing information on the Site.
12. Membership Termination.
Should you terminate Realtor® membership with NVAR, any licensed agent subscriber and non-licensed office staff affiliated with you will also be terminated.
13. Changes to the Site.
NVAR may make changes or improvements to the information, services, products or other materials on the Site at any time without notice.
14. Confidentiality.
(a) You shall use the Site only for the purposes set forth in the Agreement, and you shall make no copies, extracts, digests or summaries for any other purpose, except in strict furtherance of the limited purposes stated here. You shall maintain the source of the data contained in the Site as confidential information. (b) You shall not disclose or provide access to the Site to any friends, affiliates, parent organization, subsidiaries, corporate partners, consultants, shareholders, agents, third parties or any persons. You agree not to provide or otherwise make available any licensed program or material or access to the Site to any person without prior written consent from us. (c) You acknowledge that the Site is proprietary to us, has been developed as a commercial trade secret at the expenditure of our time and money, and is furnished to you in trust. You agree that you will hold and use the Site in the same manner as you deal with your own proprietary information and trade secrets. (d) You shall initiate strict security measures to prevent the accidental or otherwise unauthorized use or release of access to the Site, with particular respect to consumer information that is considered “sensitive”, namely: financial information including, but not limited to, listing price, sales price, mortgage values, real estate loan information, default and foreclosure information, as related to a named individual owner. (e) Upon your violation of this paragraph, and without cause stated, we may exclude you from access to the Site and thereby terminate the Agreement upon notification by us.
15. Privacy.
We are committed to protecting your privacy and security and have explained in detail what we do. We urge you to read our Privacy Policy. If you will use any information from the Site, or cause any information from the Site to be used, for your internal business purpose of marketing, your marketing efforts, solicitations, ad copy and/or other communications using or derived from the Site, shall: a) exclude any reference to information that is specific to any particular individual recipient of any such marketing communication; and b) comply with all applicable privacy, data security, best practices and all other laws, rules and regulations relevant to your business model, including but not limited to, the “Controlling the Assault of Non-Solicited Pornography and Marketing Act” (CAN-SPAM Act of 2003), the Virginia Computer Crimes Act (Code of Virginia Section 18.2-152.1 et seq.), the Gramm Leach Bliley Act, the Final Rules promulgated by the Federal Trade Commission in furtherance of the Gramm Leach Bliley Act, the Telephone Consumer Protection Act of 1991, as amended, the Fair Credit Reporting Act, Federal Do-Not-Call laws, various State Do-Not-Call laws, and the Direct Marketing Association’s applicable privacy and information security policies.
16. Jurisdictional Issues.
We operate and control the Site from our offices in Fairfax, Virginia in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who access the Site from other locations do so on their own initiative and are responsible for compliance with local privacy, consumer protection and other laws, if and to the extent such local laws are applicable.
17. Miscellaneous.
The Agreement will be governed by laws of the Commonwealth of Virginia without regard to principles of conflicts of laws. You agree to the jurisdiction of any state, or federal court in any county or judicial district in the Commonwealth of Virginia.
If any part of the Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.
The Agreement may be modified only by our posting of changes to the Agreement to the Site. Any inquiries regarding the Agreement of use should be directed to privacy@nvar.com.
*By accessing or using any part of this Site or its services, you agree to accept and comply with the terms, conditions, and notices as stated in this Terms of Use Agreement and in our Privacy Policy and as they may be modified from time to time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between NVAR and you. You are responsible for reviewing the Terms of Use regularly. At any time, the most current version of the Terms of Use can be found at www.nvar.com. If you do not agree to these Terms of Use, or if you do not wish to be bound by them, please do not use or access our Web site.