Walk Score Real Estate Real Estate Services Terms of Use
This document sets forth the terms on which Front Seat Management, LLC ("FSM") makes Walk Score Real Estate Services ("Walk Score Real Estate Services ") available for use by approved licensees on other Web sites. Walk Score Real Estate Services allows you ("You") to display the Walk Score™ of a given property on your website via the Walk Score API or Walk Score Real Estate Tile.
By using Walk Score Real Estate Services, You agree to be bound by the Walk Score Real Estate Services Terms of Use ("Terms of Use"). FSM may modify or revise these Terms of Use at any time. Your continued use of Walk Score Real Estate Services will constitute your acceptance of and agreement to any such changes.
1. Registration with Walk Score
In order to access or utilize Walk Score Real Estate Services, you must first request a valid Walk Score I.D. ("WSID") for the Walk Score Tile or a valid Walk Score API Key ("WSAPIKEY"). All queries sent to Walk Score requesting data must reference your valid WSID or WSAPIKEY. This license is personal to you, and any affiliates must seek and obtain their own license and key.
2. Use of Walk Score Real Estate Services
Subject to your full compliance with these Terms of Use, FSM hereby grants to You a non-exclusive, revocable, non-sublicensable, non-transferable license to display Walk Score Real Estate Services on pages of your website and to reproduce and display the Walk Score name and logo solely in connection with the branding requirements of these Terms of Use.
You may not use Walk Score Real Estate Services for any other purpose not expressly and unambiguously authorized by these Terms of Use, without FSM's prior written consent. All rights not expressly granted to You under these Terms of Use are reserved by FSM.
3. Acceptable Use
You agree not to use Walk Score Real Estate Services in any way that is unlawful, or harms FSM, its service providers, its suppliers, your end users, or any other person. FSM may terminate your use if and when FSM, in its sole discretion, determines that your use is inappropriate.
You further agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of Walk Score. You will not provide a means to execute any "bulk download" operations; cache or otherwise store any Walk Score Content; and/or modify any Walk Score Content, without FSM's prior written consent.
4. Branding Requirements
Walk Score Real Estate Tile: You agree that you will not modify Walk Score Real Estate Services in any way except via approved parameters as documented on the Walk Score Real Estate Tile page. You agree to display the full Walk Score tile on your website and will not occlude or obscure any portion of the Walk Score Tile with other website elements.
Walk Score API: You agree to follow the required branding as described on the Walk Score API page and include followed hyperlinks from each Walk Score you display back to the property location page on walkscore.com. Walk Scores will be displayed in a font size that is at least as large as the display of the number of bedrooms for the property and in a location that is above the fold on a 1024x768 display.
5. Proprietary Rights
All Walk Score Content and intellectual property rights contained in any of the foregoing, are and shall at all times remain the sole and exclusive property of FSM and are protected by applicable intellectual property laws and treaties.
6. Termination
FSM reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice to You, to change, suspend or discontinue Walk Score Real Estate Services and/or suspend or terminate your rights under these Terms of Use to access, use and/or display (as applicable) Walk Score Real Estate Services. Any termination of these Terms of Use shall also immediately terminate the licenses granted to You hereunder. Upon any termination of these Terms of Use, You shall promptly delete and remove all calls to the Walk Score Real Estate Services from all web pages, scripts, widgets, applications, and other software in your possession or under your control.
7. Indemnity
You agree that your use of the Walk Score Real Estate Services is at your own risk and You agree to hold harmless and indemnify FSM and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fee) arising from, or in any way related to your or your users' use of the Walk Score Real Estate Services or any Walk Score content displayed on your website.
8. No Warranty; No Support
WALK SCORE AND WALK SCORE REAL ESTATE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, FSM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING WALK SCORE DATA AND THE WALK SCORE INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, FSM DISCLAIMS ANY WARRANTY THAT YOUR USE OF WALK SCORE REAL ESTATE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF USE DO NOT ENTITLE YOU TO ANY SUPPORT FOR WALK SCORE REAL ESTATE SERVICES.
9. Liability Limitation
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT SHALL FSM OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE WALK SCORE REAL ESTATE SERVICES, EVEN IF FSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.
10. Limited Relationship
FSM and You are, and shall remain, independent contractors, and nothing in these Terms of Use shall be construed as creating an employer-employee relationship, partnership or joint venture. Although You are permitted to publicize your use of Walk Score Real Estate Services, You agree not to make any other statements, without the prior written consent of FSM, implying a different kind of relationship between You and FSM including any implied endorsement of your content, products, or services by FSM. You do not have any authority of any kind to bind FSM in any respect whatsoever.
11. General
You represent that you have the authority to bind the organization (if any) identified in your application for the Walk Score Real Estate Services. You may not transfer, assign, or delegate the Terms of Use and your WSID or WSAPIKEY to any third party. FSM's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and FSM with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and FSM with respect to Walk Score Real Estate Services.
12. Contact and Violations
Please contact Walk Score with any questions.
Last modified 2/27/2008