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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.
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