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DEFINITION OF TERMS
"This site" means the Website you are
currently viewing, the Internet real estate
service operated by "This Agent", a licensed
real estate agent.
"Agent" or "Real Estate Agent" means a real
estate broker, salesperson, agent, associate
broker, or similar state licensed real estate
professional.
"Buyer" or "Home Buyer" means a person who is
buying or considering purchasing a property.
"Seller" or "Home Seller" means a person who
is selling or considering the sale of a
property.
"Client" is a User that has completed the
registration process and has acknowledged the
agency disclosure.
"Prospective Purchaser or Seller" is an
individual that expressed an immediate and
genuine interest in the sale or purchase of real
property.
"User" means a person who is either a Buyer
or a Seller who accesses the Web site and
otherwise utilizes the services of This Agent.
"Web site" means the Internet Web site
currently located at this URL address.
Terms of Use
1. The User must be a prospective purchaser
or seller of real property in the geographic
areas where This Agent is licensed and
operating.
2. The User must (a) provide true, accurate,
and current information; (b) Maintain and update
this information and ensure that it remains
true, accurate, and current.
3. To register as a Client, the User must be
eighteen (18) years of age or older.
4. Any User that holds any type of real
estate license, including, but not limited to a
brokers, associate brokers or salespersons
license must immediately advise This Agent by
telephone, facsimile, e-mail or chat before that
User may access any password protected material
including house listing data or other data
compilations. This Agent reserves the right to
deny or terminate access to any Real Estate
Agent at its discretion.
5. All home data provided is for the sole and
private use of the Client and not available for
distribution. The Client may not sell or use the
website data for any purpose, other than the
purpose of attempting to evaluate houses or
properties for sale or purchase.
6. The Client must provide their own access
to the World Wide Web ("www") and pay any fees
associated with such access.
7. Client represents and warrants that he/she
has not signed any agreement with a real estate
agent or agency that would prevent the client
from using This Agent as his or her sole and
exclusive agent. Client does not have a contract
or agreement with another real estate agent or
agency such as a listing agreement or a buyer
broker agreement.
8. Client agrees to limit their online search
to houses or properties within their anticipated
purchase ability or price range and to the
properties that meet their other criteria.
9. Client agrees that he or she will not
contact the owner/seller of any property from
information gained through the Web site. The
Client will not attempt to enter the property or
speak with an owner/seller without an
appointment set by This Agent.
10. Client agrees to abide by all copyright
restrictions placed on the content of this site
including, but not limited to, any material or
data compilations where This Agent or others
hold the copyright.
11. The Client agrees that Broker may also
represent other prospective buyers seeking to
purchase properties that may meet Client's
criteria.
12. To the fullest extent permitted by law,
the service is provided "as is," without
warranty or representation of any kind, either
express or implied, as to (1) the operation of
the Web site, (2) the information, data,
services, or products provided through or in
connection with this service or (3) the ability,
quality or reliability of any third party
service provider accessed through or in
conjunction with the use of this service.
13. This Agent disclaims any and all
warranties, including, but not limited to: (1)
any warranties concerning the availability,
accuracy, usefulness, or content of or
uninterrupted access to information, products or
services and (2) any warranties of title,
non-infringement, merchantability or fitness for
a particular purpose. This disclaimer of
liability applies to any damages or injury
caused by any failure of performance, error,
omission, interruption, deletion, defect, delay
in operation or transmission, computer virus,
communication line failure, theft, or
destruction or unauthorized access or,
alteration of or use of record in connection
with the use or operation of this service,
whether for breach of contract, tortuous
behavior, negligence or any other cause of
action.
14. Client authorizes This Agent to review
and provide copies of various documents in the
transaction to the client. This includes, but is
not limited to home inspection reports and
closing papers.
15. Neither This Agent nor any of her
investors, employees, contractors, successors,
assigns, affiliates, or content or service
providers shall be liable to Client, User or any
other third party for any direct, indirect,
incidental, special, punitive or consequential
damages arising out of the use of this service
or inability to gain access to or use this
service or out of any breach of any warranty,
even if This Agent has been advised of the
possibility of such damages;
16. Some states do not allow the exclusion or
limitation of liability for damages. Therefore,
the above limitations may not apply to you. In
such states, the respective liability of Agent
123, her investors, employees, contractors,
agents, successors, assigns and affiliates is
limited to the greatest extent permitted by such
states' laws;
17. Client agrees to immediately notify This
Agent in the event that the Client enters into
agreement with another broker.
18. Prohibited Activities:
You are specifically prohibited from any use of
this Web Site, and You agree not to use or
permit others to use this Web Site, for any of
the following: (a) take any action that imposes
an unreasonable or disproportionately large load
on the Web Site's infrastructure, including but
not limited to "spam" or other such unsolicited
mass e-mailing techniques; (b) disclose to, or
share with, the assigned confirmation numbers
and/or passwords with any unauthorized third
parties or using the assigned confirmation
numbers and/or passwords for any unauthorized
purpose; (c) attempt to decipher, decompile,
disassemble or reverse engineer any of the
software or HTML code comprising or in any way
making up a part of this Web Site; (d) upload,
post, emailing or otherwise transmitting any
information, Content, or proprietary rights that
You do not have a right to transmit under any
law or under contractual or fiduciary
relationships; (e) violating any applicable
local, state, national or international law,
including, but not limited to, any regulations
having the force of law; and,
(f) using any robot, spider, intelligent agent,
other automatic device, or manual process to
search, monitor or copy Our Web pages, or the
Content without Our prior written permission,
provided that generally available third party
Web browser such as Netscape Navigator® and
Microsoft Internet Explorer® may be used without
such permission.
If you have any questions about our Web site,
please don't hesitate to contact us. |