Compelling Trends does not permit you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.
3. Use of the Services; Restrictions.
Before proceeding to view the content made available through the Services, you must acknowledge:
⦁ You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property.
⦁ You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity of the MLS’s copyright to such data.
Houston Association of Realtors Multiple Listing Service (HARMLS) Copyright © 2018, Houston Realtors Information Service, Inc. All information provided is deemed reliable but is not guaranteed and should be independently verified.
Any estimate of value was prepared using automated processes and should not be considered a comparative market analysis (CMA) or appraisal.
D. Professional Users. In using the Services, all Agents and others using the Services for Professional Use warrant and agree to the following:
i. You are a real estate salesperson or broker with a current and valid license, of legal age, and capable of forming a legally binding contract;
ii. Only experienced real estate professionals can be part of Compelling Trends Group’s network unless approved by management. You must have one or more years experience in your local market area to assist sellers and buyers.
iii. You have individually either sold two (2) million in real estate sales or completed ten 10 transactions within the last twelve (12) months.
iv. All information you submit on the Services is true and complete and that you will maintain and promptly update your profile or other Information supplied to users.
v. As a professional user of the Services, you are not allowed to register or represent yourself as a prospective buyer or seller, even if your intention is to buy or sell property.
vii. All information you submit to customers about your services is your responsibility and not Compelling Trends Group’s offering of service;
viii. You will provide customers with all information and notices legally required with all real estate licensing and regulatory requirements applicable to real estate agents;
ix. Your products and services do not violate any applicable laws or regulations;
x. You must promptly maintain and update of any changes in your license status; Compelling Trends Group reserves the right to terminate the participation of any professional user for any reason at Compelling Trends Group’s sole discretion;
xi. You agree to use the Buyer Representation Agreement form provided by Compelling Trends Group, or a substantially similar form, except that a written buyer representation agreement must be used and any buyer representation agreement must include the provisions in the suggested form related to the Buyer’s Incentive, verbatim
4. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
B. provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate professional or institution;
C. remove or modify any copyright or other intellectual property notices that appear in the Services;
D. use the Services for resale, service bureau, time-sharing or other similar purposes;
E. use the Services in any way that is unlawful, or harms Compelling Trends Group, its service providers, suppliers, or any other user;
F. distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
G. impersonate another person or misrepresent your affiliation with another person or entity;
H. reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Compelling Trends Group for a particular portion of the Services;
I. upload invalid data, viruses, worms, or other software agents to the Services;
J. interfere with, overburden, or compromise the system integrity or security of the Services, or otherwise bypass any measures Compelling Trends Group may use to prevent or restrict access to the Services;
K. conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
L. use any of Compelling Trends Group’s trademarks as part of your screen name or email address on the Services; or
M. attempt to, or permit or encourage any third party to, do any of the above.
6. User Materials.
7. 3rd Party/Linked Services/Sent information.
B. Additional Terms for Third Party Services. Certain aspects of the Services may include third-party tools that are subject to additional third-party terms. Such terms can be found on the web sites of such third parties and Compelling Trends Group has no control over such terms and makes no warranties or representations regarding such terms, except as expressly stated herein.
9. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any Compelling Trends Group Materials (“Feedback”), then you hereby grant Compelling Trends Group an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.
10. DMCA; Claims of Copyright Infringement. Compelling Trends Group respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Compelling Trends Group’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
A. Identification of the copyrighted work that you claim has been infringed;
B. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
C. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
D. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
Compelling Trends LLC
1209 Orange St
Wilmington, DE 19801
Attention: Copyright Agent
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
A. Advertising and Claiming Listings.
i. Advertising Listings. Except as provided in this section 16.a.i., listings (regardless of the type) may only be advertised by the real estate Agent (the “Agent”) who is the contracted, exclusive listing Agent for such listing. A listing may also be advertised by the exclusive listing Agent’s broker owner or team lead. A broker owner or team lead that advertises a listing on behalf of the listing Agent must update their profile on the Services so it represents the team or company instead of an individual Agent. This can be done by changing the screen name and profile picture. Once a profile represents the office, permission from the listing Agent is also required for the broker owner or team lead to advertise another Agent’s listings.
ii. Claiming Listings. If you mistakenly claim a listing, you must promptly release such claim on the listing. If you mistakenly claim a listing that is provided to Compelling Trends Group via a data feed, you must promptly contact the source of the data feed to cancel the listing. You may also cancel a listing on Compelling Trends via the My Listings section of your Compelling Trends account. If you claim a listing that has already been claimed by another party, the original party will be notified. Please notify us at [email protected] if you believe that someone has erroneously claimed a listing on Compelling Trends. You can also use the “Report Listing” option at the top of the property page to request further investigation. In some instances, Compelling Trends Group may require that you provide the listing contract(s) that verify you have an exclusive right to advertise the listing. If Compelling Trends Group is unable to verify that you are the contracted, exclusive listing Agent, Compelling Trends Group may remove the listing(s) and/or your claim on the listing(s).
iii. Pocket Listings. As long as you are the contracted, exclusive listing Agent, you may advertise a pocket listing on the Services. Compelling Trends Group may require that you provide the listing contract(s) that verify you have an exclusive right to advertise the listing. If Compelling Trends Group is unable to verify that you are the contracted, exclusive listing Agent, Compelling Trends Group may remove the listing(s).
iv. Undisclosed Addresses. A complete address is required for Compelling Trends Group to investigate listings and maintain listing quality. Each listing posted directly via the Compelling Trends website must include a complete address, including the street number. If you do not want to disclose the address, you must use a syndication service that allows you to opt out of displaying the address online. If Compelling Trends Group is unable to verify a listing with an incomplete address, Compelling Trends Group may remove the listing at any time, without warning.
v. Prohibited Listings. The Services are limited to residential real estate. You may not use the Services to advertise commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, vacation rentals, and fractional ownership properties. You are not permitted to advertise “open” or “ok to advertise” listings on the services.
B. Limitations on Self-Promotion and Marketing. Compelling Trends Group restricts the inclusion of self-promoting information on listings and professional profile pages. This includes, but is not limited to, self-promotion on photos, in names and/or in listing descriptions.
i. Photos and Video Walkthroughs. You may not include marketing information, including, without limitation, an Agent’s name, company name, logo, phone number and/or email address on listing photos or in video walkthroughs, whether as text, a watermark, or otherwise.
ii. Listing Descriptions. You may not include marketing information, including, without limitation, an Agent’s name, phone number and/or email address within a listing description.
iii. Profile Name and Photo. You may not include contact information, or any promotional or marketing information (including a phone number, email address, website URL, promotional tagline or slogan, or discount offer) in your profile photo or as part of your name as it appears in your profile. Your name as it appears in your profile may not include titles, descriptions, or any information other than your name or your business or team name. You may not display a business or team name in your profile other than the official business or team name under which you formally provide services to clients both on and off of Compelling Trends. Compelling Trends may require you to provide documentation to support the foregoing.
C. Claiming Past Sales
i. Only the buyer’s Agent and the seller’s Agent identified in an MLS listing report are permitted to claim such listing as a past sale in their profile on the Services.
ii. Only one Agent can claim a particular side of a transaction. If a listing was co-listed, only one Agent will be eligible to claim the past sale in their profile on the Services.
iii. If the Agent is part of a team at the time of a transaction, the individual Agent is permitted to claim the corresponding listing as a past sale in their profile on the services, unless an agreement between the Agent and their team and/or brokerage indicates otherwise.
D. Listing Feeds.
i. Complete Data Set. Listing feeds that do not include a complete set of data that includes, without limitation, photos, listing description and home facts, will not be accepted. You may not intentionally degrade the data you send to Compelling Trends Group in the listing feed in any manner.
ii. Daily Updates. Listing feeds must be updated at least one time per day to ensure that Compelling Trends Group users have access to the most up to date and accurate information, and you may not intentionally delay the delivery of the listing feed.
20. Contact Information. The Services are offered by Compelling Trends LLC and its affiliates, located at 1209 Orange St, Wilmington, DE 19801. You may contact Compelling Trends Group by sending correspondence to that address or emailing [email protected]
21. Equal Housing Opportunity. Compelling Trends Group is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the United States. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.