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Terms & Conditions

Terms and Conditions

Thank you for using the Scoop USA website (located at www.scoopusa.com). In these contractually binding terms and conditions (“Terms and Conditions” or the “Agreement”), “Scoop” or the “Company refers to Real Select International, LLC. a Hawaii limited liability company, dba Scoop USA. The submission of any and all information to Scoop, access to, and use of the Scoop website, and the information services provided thereon (collectively, the “Service”) is subject to these Terms and Conditions. If you are viewing, using, or accessing the Service as a Buyer, Seller, or Buyer/Seller you are a “Member.” These Terms and Conditions may refer to Members as “You.” No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a Member or to view, use, or access the Scoop website without express written permission from Scoop. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of Scoop or any of its affiliates, including without limitation any company owned or operated by Scoop or its affiliates or acting on behalf of a competitor of Scoop in registering for or accessing the Service. By viewing, using or accessing the Service, You agree that these Terms and Conditions are a binding legal agreement between You and Scoop. You also agree to be contractually bound by the Privacy Policy, which is available by hyperlink on the Register New Property page under Account > My Listings. If You do not agree to the Terms and Conditions and Privacy Policy, You are prohibited from viewing, using or accessing the Service and must immediately discontinue viewing, use, and/or access. Notwithstanding anything to the contrary herein, if You and Scoop have entered into a separate written agreement that covers your use of a Scoop product or service, the terms and conditions of such agreement shall control with respect to such product or service to the extent they are inconsistent with these Terms and Conditions. All questions concerning these Terms and Conditions should be directed to: info@Scoopusa.com. Scoop may update the Terms and Conditions and Privacy Policy at any time, with or without notice to You. You are responsible for frequently reviewing the Terms and Conditions and Privacy Policy. The latest version of the Terms and Conditions and Privacy Policy are available on the Scoop website.

Member Privileges

Membership privileges are granted by Scoop to individuals exclusively and are granted specifically to the registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, sold, viewed, accessed, or otherwise transferred without the express written permission of Scoop. By completing the registration process, You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must maintain a valid email address and a password, which shall be utilized for logging on to the Scoop system. Members are not permitted to share their individual login information with others. Scoop has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions as posted and displayed on the Scoop website, or abuses its rights related to the Service. Upon registration, You become a Member. Members registered as Buyer or Buyer/Seller may search using the Service. Members registered as Seller or Buyer/Seller may add listings using the Service. Scoop utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant Scoop the permission to communicate with them via email (as well as other communication channels) for any purposes Scoop determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. Scoop will use best efforts to honor Member’s request to opt out of marketing messages, but under no circumstances will Scoop have any liability for sending any email to its Members. By becoming a Member, You acknowledge and agree that the Company may record telephone and other electronic communications it has with You for their internal business purposes, including but not limited to training and quality assurance purposes.

Submission and Administration of Listings

Members may submit property descriptions, photographs, images, graphics and financial or other information (collectively, the “Submitted Content”) for each listing in Scoop. By submitting a listing, You represent, warrant and agree that (a) You own or have the full right, power and authority to grant to Scoop use of and rights in and to all Submitted Content; (b) your license of such content to Scoop hereunder does not, and the use or license of such content by Scoop to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such content; (d) You have the right to lease or sell the property; (e) You (or the respective owner) are willing to sell or lease the property at the price and on any other terms specified in your listing; (f) You will not advertise more than one property in a single listing; (g) upon selling, leasing, or otherwise taking the property off the market, You will within 72 hours delete the listing for that property; (h) You will not use the Services to advertise or promote anything, including, without limitation, any product, service or business, other than the unique property offered for sale or lease; (i) You will not use the Services for any fraudulent, false, misleading, or deceptive activity; (j) You are solely responsible for any and all Submitted Content; (k) all Submitted Content that You provide to Scoop and everything in your listing is truthful, accurate, and complete and complies with all local, state, and federal laws, rules, ordinances, and regulations; (l) all Submitted Content You upload to the Listing Service will only show the property listed for rent or sale and will not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the property for sale or lease; and (m) You will fully indemnify, defend, and hold harmless the Company against any and all damages or other losses, and any related attorney’s fees, other fees, and/or expenses, incurred by the Company as a result of any breach of the foregoing representations or in connection with your Submitted Content, including without limitation as a result of any claim brought by a third party in connection with your Submitted Content, whether or not such claim prevails. With respect to all Submitted Content You have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, Scoop acknowledges that You retain any applicable ownership rights that You may have with respect to the Submitted Content. You nonetheless grant Scoop and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Member further acknowledges and agrees that Scoop may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by Scoop and its affiliates). Member agrees not to submit any Submitted Content to Scoop unless Member has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the property listing on Member’s website and Scoop’s website. Specifically, Member will not submit a photograph if Member received the photograph from a third-party information provider under the terms of a license that does not allow posting of such photograph on the Scoop website. Where Member’s listing incorporates content provided by Scoop or its affiliates, such as property photos or other images or information (collectively, “Scoop Materials”), Member is granted a limited, revocable, exclusive and non-sub-licensable license to use such Scoop Materials strictly in connection with Member’s Scoop listing. All other rights to Scoop Materials are expressly reserved. The Company may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Members who are alleged to have submitted property listings, Submitted Content or other information in violation of these binding Terms and Conditions. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Member who repeatedly or knowingly violates these binding Terms and Conditions. Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Scoop website. No robot, spider or other automated service may be used to submit listings to the Service. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the Scoop website and Company shall have the right to modify the property listing in the exercise of its rights under these binding Terms and Conditions. Listings that are not modified or renewed within a 90-day period are automatically changed to “Off Market” and are no long viewable on Scoopusa.com. Member agrees (a) not to post a property listing on Scoop under a name other than the individually named licensed real estate agent or agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner (shared accounts are strictly prohibited); and (b) to administer the properties provided by Member and maintain their accuracy at all times. The Company reserves the right to remove all or any part of the property listings posted on the Scoop website. Member is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Member. While the Company will undertake reasonable efforts for data backup and business resumption, Member will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Scoop. Scoop may add digital watermarks to certain parts of your property listing, including photographs. Member agrees that Scoop may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings but will serve as a means of uniquely identifying the property listings.

Translations and Conversions

Scoop offers certain services and tools to benefit international users, such as translation of listings to foreign languages, imperial to metric conversions, and currency conversion estimates. All such services and tools are provided solely as a convenience to Members. While Scoop uses reasonable efforts to provide accurate translations and conversions, the accuracy and availability of any translation or conversion is not guaranteed. Use of the services and tools on Scoop’s website is at the Member’s sole and absolute risk, and the Member assumes full responsibility for any and all loss that may be suffered as a result of reliance on the translations and/or conversions. Each Member agrees to indemnify, defend, and hold Scoop harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party or arising out of the Member’s use of the translations and/or conversions. Members will bear all risk that the estimated exchange rate at the time the Member’s listing is accessed differs from the actual exchange rate. Scoop makes no representations or warranties of any kind regarding accuracy, timeliness, reliability, appropriateness, or completeness of any information contained within or available through the Scoop website, including but not limited to any currency exchange rates.

Use of Information

You agree to treat all information obtained from the Service, including Scoop Materials, listings, member directory and any information otherwise made available to You in the Service (individually and collectively, the “Content”) as proprietary to Scoop. You agree that the Content is reserved for Members will be maintained as confidential and shall be protected as a trade secret of Scoop. Scoop does not ensure the accuracy of, endorse or recommend any Content and You use such Content at your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence. You shall limit access to, viewing of, and use of active property listings to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other listing service or device. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the Scoop Service as part of any effort to compete with Scoop, including without limitation using the Scoop Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential Scoop customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Scoop Service. You shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy Scoop products, services or information; decompile, decode or reverse engineer Scoop software; or use Scoop products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.

Logins and Passwords

Members are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. Scoop is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in these Terms and Conditions.

Unsolicited Commercial Email (Spam)

Scoop prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use any of the email services that Scoop offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Scoop has the right to revoke the privileges of any party who breaches these terms.

Termination

Scoop reserves the right to terminate or suspend a Member’s account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of any agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by You, discontinuance or material modification of Scoop services, account inactivity or technical or security issues. Upon termination, Scoop shall have no obligation to maintain or forward any content in your account.

Ownership and Grant of License

Scoop retains all rights (including Intellectual Property Rights as defined below), title and interest in the Service, the Scoop website, Scoop Materials, and all underlying technology and data including any enhancements and improvements thereto. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Scoop’s technology or delete or alter author attributes or copyright notices. You shall use the Scoop system solely for your own individual use and shall not share passwords with others or allow others to use the Scoop system under or through that your login ID/email and password; nor shall any Member use the Scoop system to list properties or conduct searches on behalf of other non-Member brokerage, research, analyst, sales or other similar personnel. “Intellectual Property Rights” means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, copyright applications, copyright registrations, and other applicable rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Limitation of Liability and Indemnification

IN NO EVENT WILL SCOOP BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF SCOOP’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER’S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Scoop (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Member’s use of the Service, and Member shall indemnify Scoop (and Scoop’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Member arising from Member’s use or application of the Service.

Warranty Disclaimers

THE LISTINGS, SERVICE, AND ALL OTHER INFORMATION PROVIDED BY SCOOP, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SCOOP MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, OR PROPERTY INFORMATION, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND SCOOP SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. SCOOP MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO SCOOP’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL VIEWED OR DOWNLOADED FROM SCOOP’S WEBSITE, INCLUDING LISTINGS, SERVICE, AND PROPERTY INFORMATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SCOOP OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

Maps and Directions Disclaimer

The maps and directions information provided by Scoop have been obtained from sources believed reliable, including Google Maps. By using Google Maps, You agree to be bound by the Google Maps Terms of Service, available at https://www.google.com/intl/en-US_US/help/terms_maps.html and Google Maps Additional Terms of Service, available at https://maps.google.com/help/terms_maps.html. While Scoop does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. You assume all risk of use. Neither Scoop nor its partners or suppliers assume any responsibility for loss, damage or delay caused by your use of and/or reliance on your use of Scoop's information, products or services.

Third Party Sites

This website may contain hyperlinks to other websites operated by parties other than Scoop which are beyond Scoop’s control. Parties other than Scoop may provide services or sell product lines on this site that take You outside of our service. This includes links from advertisers, sponsors, and content partners that may use Scoop’s logo(s) as part of a co-branding relationship. For example, if You click on a banner advertisement the click may take You off the Scoop site. Scoop does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Scoop does not assume any liability for the actions, product, and content of all of these and any other third parties. Scoop makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites. When You click on a link that leaves the Scoop site, the site You will land on is not controlled by Scoop and different terms of use and privacy statements may apply. Scoop also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third-party sites and any links thereto.

Additional Rights

You agree that Scoop shall have the right to use listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such listing on the Internet. Scoop shall have sole authority to choose the manner in which any listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a listing or refuse Services to anyone at any time in its sole discretion. Scoop shall have no obligation to (i) resolve disputes among Members or (ii) monitor or verify the accuracy or proper use of the listings. Scoop reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Scoop's website, located at http://www.scoopusa.com.

Claims of Copyright Infringement

If You believe that your work has been copied onto Scoop in a way that constitutes copyright infringement, please provide Scoop with the written notice including the information specified below:

  • A description of the copyrighted work that You claim has been infringed;
  • Identification of the material You claim is infringing, including a description of where such material is located;
  • Your address, telephone number, and e-mail address;
  • A signed statement that the information in your notice is accurate, that You have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law; and under penalty of perjury, that that You are the copyright owner or are authorized to act on the copyright owner's behalf.

 

Address for Scoop: 1451 South King Street, Suite 412 Honolulu, Hawaii 96814 Phone: 808-955-5554 Email: info@scoopusa.com We may forward any notice(s) of alleged infringement to the person(s) who provided the allegedly infringing content. Please note that this procedure is exclusively for notifying Scoop that your copyrighted material has been infringed

Brokers and Agents

Any Member who identifies himself or herself as a broker or agent on the Scoop website or otherwise purports to be a broker hereby represents and warrants that Member is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Member is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Member whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Member who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Member is not a licensed broker. Scoop does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the Scoop website.

Governing Law

These Terms and Conditions will be governed by the laws of the State of Hawaii, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the State of Hawaii for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect. You acknowledge that any breach of these binding Terms and Conditions or any unauthorized use of the Service is a material breach of the Agreement and will cause irreparable harm and injury to the Company, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that the Company shall be entitled to injunctive relief. Any Member or other individual or entity that violates any term of these binding Terms and Conditions is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar contract, including terms and conditions, terms of use and terms of service, asserted by such Member or other individual or entity, or any affiliate thereof, as binding upon Scoop and its affiliates. Material breach of these binding Terms and Conditions harms the integrity, functionality, and reputation of Scoop and its affiliates; detracts from Members’ trust in and use of the Service; and unfairly harms, thereby causing damage to, the business of Scoop. You agree that, in the event You materially breach these binding Terms and Conditions, You will pay Scoop’s reasonable attorneys’ fees and costs, to be determined by a court or arbitrator, but not less than $30,000, an amount the parties agree would be the minimum reasonable fee for any legal action required to enforce these binding Terms and Conditions.

Assignment

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sub-licensed or otherwise transferred by Member without the prior written consent of Scoop, which retains the right to withhold consent in its sole discretion.

Waiver and Severability

The failure of Scoop to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, You agree that the remaining terms and provisions remain in full force and effect.

Notices

All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Member Services at Scoop USA.

Entire Agreement

Except as provided herein, the terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.

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