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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.
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.