Vail Board of REALTORS®
Member Agreement Regarding Use of FOREWARN Program
This Agreement (“Agreement”) is entered into between Vail Board of REALTORS®, a Colorado corporation having an office at 0275 MAIN STREET SUITE G004, Edwards, CO 8016321 (“VBR”), and VBR REALTOR MEMBERS CHOOSING TO USE FOREWARN,
A. VBR has entered into a license agreement with FOREWARN LLC (“FOREWARN”), which is a company that provides a real-time, mobile app-based information to the real estate industry, as updated from time to time (“Services”);
B. VBR offers the Services to its members, including Member, subject to the terms and conditions of the agreement between VBR and FOREWARN and further subject to the terms and conditions of this Agreement;
C. NOW THEREFORE, in consideration of the promises and mutual covenants set forth herein, VBR and Member hereby agree as follows:
1. Requirement to Remain in Good Standing with VBR and FOREWARN. As a condition of Member’s ability to use the Services, Member agrees to comply with FOREWARN’s credentialing policies and procedures, and to comply with reasonable rules and regulations that VBR may issue to Member from time to time as needed for VBR to remain in compliance with its obligations under its license agreement with FOREWARN. Member acknowledges and understands that, pursuant to VBR's license agreement with FOREWARN, Member’s ability to use the Services may be suspended or revoked for reasons including, without limitation, Member’s failure to remain in good standing with VBR .
2. No Warranties; Limitation of Liability. VBR makes no warranties of any kind, express or implied, as to the Services, including, without limitation, those as to accuracy, currentness, completeness, timeliness, or quality, warranties of merchantability and fitness for a particular purpose, and those warranties that might be implied from a course of dealing, course of performance or trade usage. THE SERVICES ARE PROVIDED TO MEMBER BY FOREWARN “AS IS”. VBR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND REPRESENTATIVES SHALL HAVE NO LIABILITY FOR, AND MEMBER AGREES NOT TO SUE VBR FOR, ANY CLAIM RELATING TO OR ARISING OUT OF MEMBER’S USE OF THE SERVICES, OR ANY CLAIM RELATING TO OR ARISING OUT OF FOREWARN’S PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING THE SERVICES TO MEMBER. IN NO EVENT WILL VBR BE LIABLE TO MEMBER, ANY CUSTOMERS, PROSPECTS OR OTHER ENTITIES FOR DAMAGES MEASURED BY LOST REVENUES, LOST PROFITS, LOST BUSINESS OR BUSINESS EXPECTANCY, OR FOR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO MEMBER’S USE OF THE SERVICES, WHETHER OR NOT SUCH PARTY COULD HAVE FORESEEN SUCH LOSS OR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS.
3. Nondiscriminatory Use of the Services. Member acknowledges and agrees that Member has been advised of the possibility that selective and inconsistent use of the Services by Member could result in a claim of discrimination brought by a third party. By way of illustrative example only, if a Member uses the Services to screen prospective buyers or sellers that fall within a protected class (under any applicable local, state or federal law), but not other prospective buyers or sellers, Member could face a claim of discrimination. Member covenants to use the Services in a nondiscriminatory manner, and to hold harmless and indemnify VBR from any claim of discrimination or other similar cause of action brought by any party as a result of Member’s use of the Services