1. All data obtained from this website ("Site") is for your personal, non-commercial use.
2. You have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through this Site.
3. You will not copy, redistribute or retransmit any of the data or information provided.
4. Certain of the data displayed on this Site is obtained from multiple listing services (MLSs). You acknowledge the MLSs’ ownership of and the validity of the copyright in the MLS database.
5. You must be at least 18 years old to use this Site.
6. This Site and all information in this Site are being provided “as is”, without any representation or warranty of any kind. All warranties, express and implied, are hereby disclaimed. Without limitation of the foregoing, we disclaim all warranties regarding non-infringement, title, merchantability, fitness for a particular purpose, or availability, accuracy or usefulness of data.
7. We shall not be liable for any damages in connection with your use of this Site or any information provided to you therein. Without limitation of the foregoing, we shall not be liable for any (i) damages arising from any interruption, error, delay, unavailability or failure in service or transmission, any deletion or computer virus, or any unauthorized access to, or disclosure, misappropriation or alteration of, data, or (ii) any punitive, exemplary, multiple, special, indirect, incidental or consequential damages of any kind. If, under applicable law, any damages may not be so limited, then such damages will be limited to the maximum extent permitted under such law.
8. You consent to us communicating with you, including by telephone, fax, email and mail.
9. You will comply with all copyright restrictions and other restrictions on use of any content on this Site imposed by us or any other person who provides such content.
10. These Terms of Use do not make us your agent or representative.
11. Certain MLS regulations require us to obtain the following acknowledgement from you: You acknowledge entering into a lawful broker-consumer relationship with us. Being a "consumer" does not mean that you are our client, or that we represent you. It does mean that we may provide ministerial services to you, such as letting you search for homes on our Site.
12. You will not engage in any harassing, threatening, offensive, profane, obscene, vulgar, abusive or unlawful conduct (or any conduct that would be harmful to our reputation, business or operations) in connection with this Site, our service or any related real estate transaction or proposed real estate transaction. For these purposes, “conduct” any conduct, actions or communications of any kind. You will not access or use the Site in a repetitive manner using any automatic, programmed or scripted method.
13. We may terminate your registration and use of this Site at any time, subject to fair housing laws and other applicable law. 14. You are not currently a party to any buyer's broker agreement, dual agency agreement or other real estate brokerage agreement regarding a purchase. You will not ask us to represent you with respect to a property, if you have such an agreement with any other person that applies to the property.
15. State law may require us to provide you disclosures regarding agency relationships. If we provide such a disclosure and ask you to sign a receipt for it, you will do so.
16. Electronic Records.
(a) Disclosure. In order to increase efficiency, we may deliver information to you electronically. The following consent authorizes us to provide or make available to you in electronic form, during the course of our relationship with you, documents or records (collectively, “Documents”) in the following categories: (i) any terms of use, privacy policy, or terms and conditions in connection with any website, (ii) any agency agreement, (iii) any disclosure or consent regarding any agency relationship or change or transition in agency relationship, (iv) any real estate agreement, including any purchase and sale contract, lease, option, or installment or land sale contract, (v) any disclosure form or statement in which the seller(s) and/or any other person(s) make any disclosures in connection with any real estate transaction, including regarding any known defects or other conditions affecting any property; (vi) any other disclosures, notices or consents required under applicable law in connection with any real estate transaction, (vii) any closing statement(s); (viii) any estimates of costs or expenses, including closing costs, (ix) any accounting, including regarding any trust or escrow funds in connection with any transaction, (x) any other Document in connection with any real estate transaction, (xi) any other Document relating to any real estate (including any personal property located thereon or used in connection therewith); (xii) any other Document consisting of or relating to any agreement to which you or us are a party, (xiii) any other Document relating to our website, security procedures or handling of information, (xiv) any other Document relating to our operations, procedures, policies, business or services; (xv) any disclaimer, (xvi) any other Document that we are required to provide or make available to you under any applicable law governing the conduct of real estate brokers, including any real estate broker license law, real estate agency law, or real estate transfer disclosure law, (xvii) any other Document that we are required to provide or make available to you under any other applicable law, and (xviii) any addendum, exhibit or supplement to, or any amendment, renewal or termination of, any of the foregoing. For purposes of the preceding sentence, “real estate transaction” includes any transaction regarding real estate (including any related personal property) or any financing related thereto. You can update information needed to contact you electronically by logging on to our Site, and changing your email address in your profile. We do not provide or make available to you any Document in paper or nonelectronic form, unless (i) we in our sole discretion determine that it is desirable to do so, or (ii) you gives notice to us requesting a paper copy of a Document, which notice must be accompanied by payment in full of the applicable copying and shipping charges. If (i) you withdraw, in whole or part, your consent for us to provide or make available Documents in electronic form, (ii) you request any paper copy of any Document, or (iii) you notify us that you are unable to print out or store any Document in electronic form that we provide or make available to you, then in each case we reserve the right to terminate your registration with and use of the Site.
(b) Hardware and Software. The hardware and software requirements for access to and retention of the electronic records are: a personal computer, a web browser, internet access, and Adobe PDF software.
(c) Consent. You hereby consent to us providing or making available to you in electronic form, during the course of our relationship with you, any and all Documents in the categories specified in Section 16(a).
(d) General. Without limitation of the foregoing, you agree that: (i) if we provide or make available to you any Document in electronic form, it will be treated for all purposes as if we delivered to you an original of the Document in paper form, and a printed version of such electronic Document will be admissible in any proceeding to the same extent as any Document originally printed in paper form; (ii) if we send an email to an email address for you as then reflected in our records, which email has an electronic copy of a Document attached to it (or has a link to an electronic copy of a Document or to a page from which such electronic copy is available), such email will be treated for all purposes as if we delivered an original of the Document in paper form to you at the time the email was sent; (iii) your electronic signature of any Document will be binding and will be treated for all purposes as if you physically signed (and initialed all spaces for your initials in) such Document (including initials indicating your agreement to any arbitration provision); and (iv) you will notify NestBrokers immediately if you are unable to print or store any Document in electronic form that we provide or make available to you. v1.2 3