Last Updated: November 10, 2023
We fully support the principles of the Fair Housing and the Equal Opportunity Act.
3. Use of the Services
- Non-U.S. Users.
The owner of the Website and the provider of the Services is based in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
To utilize certain Services, you may be required to register and maintain an account (“Account”). You are responsible and liable for all activities conducted in connection with your Account, for maintaining the security of your username and password, and for the accuracy of all information relating thereto, including contact, technical and payment information, and your login credentials. You will promptly (i) update any Account information when it changes, and (ii) notify us of any unauthorized use of your Account, including any security or data breach. You should never publish, distribute, or post login information for your Account. You will not allow an Account to be shared or used by more than one individual. By providing us with your email address you consent to us sending you Services-related notices.
- Prohibited Uses.
- Access or use the Services or Content to collect any market research for a competing business;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;
- Cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;
- Use any robot, spider, scraper, or other automated means to access or collect data from the Services for any purpose without our express written permission;
- Sublicense, sell, transfer, assign, distribute, republish, rent, lease or transmit in any form or by any means any part of the Services;
- Use, modify, copy, or create derivative works from the Services or our proprietary trademarks, trade names, logos, trade dress, slogans, designs, and service marks (“Marks”) without our written permission, including without limitation using automated or manual means to access Content from the Services;
- Frame, mirror, embed or otherwise incorporate any portion of the Services in any other service or product;
- Remove, obscure, or alter any intellectual property rights notice related to any part of the Services or Marks;
- Send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful content;
- Facilitate the introduction, transmission or use of any: (a) malicious, harmful, or hidden code (including malware, viruses, worms, and Trojan horses); (b) traps, time bombs, time locks, or other code with a latent ability to disable or cripple software or services; or (c) code that would allow any party to interfere with, disrupt, deactivate, delete, damage, modify, access, or otherwise impede the Services or any portion thereof;
- Interfere with, disrupt, or overburden the integrity or performance of the Services, or interfere with any other use of the Services;
- Attempt or assist others to attempt to gain unauthorized access to the Services or its related systems or networks; or
- Use the Services in any way not expressly authorized by these Terms.
- Post any User Content that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy);
- You know is false, misleading, untruthful, or inaccurate; is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, or profane; contains or depicts nudity or sexual activity; promotes bigotry, racism, hatred, or harm against any individual or group; or is otherwise inappropriate as determined by us in our sole discretion;
- Constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (i.e., spamming);
- Impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information; or
- Service Changes; Suspension.
We reserve the right to withdraw, amend, or stop the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all the Services to users, including registered users. Your continued use of the Services after any change or limitation constitutes your acceptance thereof.
- Your Representations
You represent and warrant that you:
- will not sublicense, sell, license, assign, or transfer to any party any information obtained through the Services or engage in any other commercial exploitation of the Services;
- are a prospective purchaser or seller of real property in the geographic areas where we are licensed and operating with a bona fide interest in the purchase or sale of such real property;
- have not signed any agreement with a real estate broker that would prevent you from using us as your sole and exclusive broker, and you do not have a contract or agreement with any third party that would interfere with our representation of you;
- will limit your search on the Services to properties within your anticipated purchase ability or price range and to the properties that meet your other criteria;
- will not (a) contact the owner or seller of any property from information gained through the Services or (b) attempt to enter the property or speak with an owner or seller without an appointment set by us;
- will abide by all copyright restrictions placed on the content of the Services including, but not limited to, any material or data compilations where we or others may hold the copyright;
- agree that we may also represent other prospective buyers seeking to purchase properties that may meet your criteria; and,
- authorize us to review and provide copies of various documents in any of your transactions relating to the Services, including without limitation home inspection reports and closing papers.
- Property Data Restrictions
In addition to other restrictions herein, for the avoidance of doubt, all property data provided through the Services is for your personal, sole and private, non-commercial use and not available for redistribution, retransmission or copying. You may not sell or use such data for any purpose, other than the purpose of attempting to evaluate properties or properties for sale or purchase. You acknowledge that the MLS/RLS data through the Services is owned by the respective MLS/RLS, and you acknowledge the validity of the MLS's/RLS’s copyright to such data.
- User Content
All listing, rental, or sales information, and other content added, created, uploaded, submitted, distributed, or posted in connection with the Services or otherwise provided by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. We make no guarantees regarding the accuracy, currency, suitability, or quality or any User Content. We reserve the right to change, condense or delete any content, information, or other materials on the Services, including User Content. If you or any permitted user under your account provides us with feedback, comments, and suggestions with respect to the Services or our good and services (“Feedback”), you hereby agree that we will be free to use, reproduce, disclose, and otherwise exploit all such Feedback in perpetuity without compensation or attribution to you or any third party.
4. Compliance Services
We do not provide compliance services. You agree that the Services are provided for your convenience only, and not for purposes of enabling you to meet your obligations under applicable law or third-party agreements. You are solely responsible for ensuring compliance with such obligations.
5. Intellectual Property Rights
Except as expressly provided herein, the Services, Content, and Website are owned by us, our affiliate and subsidiary companies, and our and their licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- License to You.
- License to Us and Other Users.
You grant to the us a non-exclusive, sublicensable, transferable, perpetual, irrevocable, royalty-free, worldwide license to use, develop, transmit, distribute, aggregate, edit, modify, truncate, reproduce, display, and create derivative works of any of your User Content to provide, develop, maintain, support, and improve the Services. You also hereby grant each user of the Services a non-exclusive, perpetual license to access your User Content through the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
7. Information and Data About You and Your Use of the Services
9. No Warranties
THE SERVICES, INCLUDING THE AGENT PORTAL AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT: (1) THE INFORMATION ON ANY PORTION OF THE SERVICES, CONTENT THEREIN, OR MLS/RLS FEED IS CORRECT, ACCURATE OR RELIABLE; (2) THE SERVICES WILL MEET YOUR REQUIREMENTS, COMPLY WITH LAWS APPLICABLE TO YOU, OR WILL BE AVAILABLE AT A PARTICULAR TIME OR LOCATION, UNINTERRUPTED, BACKED UP, SECURE, ERROR-FREE, OR FREE FROM BREACH OR INTERCEPTION OF DATA OR YOUR CONFIDENTIAL INFORMATION; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVICES, OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DOWNLOADED AT YOUR OWN RISK. NEITHER WE NOR ANY AFFILIATED ENTITY WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, LINK OR ADVERTISEMENT OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEBSITE OR SERVICE, AND NEITHER WE NOR ANY AFFILIATED ENTITY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY SUCH THIRD PARTY.
10. Limitation of Liability
IN NO EVENT WILL ANY AFFILIATED ENTITY, INCLUDING US, OR ANY OF OUR OR THEIR EMPLOYEES, LICENSORS, CONSULTANTS, CONTRACTORS, OR DIRECTORS, BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, ERRORS, OMISSIONS, MISCALCULATIONS, MISREPRESENTATIONS OF VALUE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHER DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANY AFFILIATED ENTITY, INCLUDING US, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION ON LIABILITY DOES NOT APPLY TO PERSONAL INJURY. OUR LIABILITY TO YOU FOR USE OF AND/OR ACCESSING THE SERVICES OR WEBISTES SHALL IN NO EVENT EXCEED THE GREATER OF THE FEES, IF ANY, YOU HAVE PAID FOR THE SERVICES OR ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
12. Third Parties
13. Agreement To Arbitrate Disputes; Waiver Of Jury Trial; Class Action Waiver
IMPORTANTLY, PLEASE REVIEW THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. MANDATORY ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
- Arbitration; Waiver of Jury Trial.
- No Class Action.
14. Equitable Relief
15. Digital Millennium Copyright Act
If you believe that any materials on the Services violate your copyright, please see our DMCA Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.
- Nature of Relationship.
- Governing Law.
- Waiver And Severability.
- Entire Agreement.
- Headings; Interpretation.
- Third Party Rights.
- How to Contact Us.
If you have any questions, feedback, comments, or requests with respect to the Services, please contact us at SERHANT, Attn: General Counsel, 205 Hudson St., 10th Floor, New York, NY 10013 or at [email protected].