PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By accessing and using this Web site at www.realestateadvisor.com (the "Site"), you explicitly agree to comply with and be bound by the following terms and conditions (the "Terms of Use").
Accepting the Terms
By using the information, tools, features and functionality located on Site, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the website) or you are a “Member” (which means that you have registered a user account with login credentials). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to Real Estate Advisor Group “Real Estate Advisor”. If you wish to become a Member, communicate with other Members and make use of the Site, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Site and you may not accept this Agreement if you are not of a legal age, 18 years or older.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of an individual, company or entity that you have the authority to bind and enter into a legal contract. Before you continue, you should print or save a local copy of this Agreement for your records.
FURTHERMORE, YOU EXPRESSLY AGREE THAT:
REAL ESTATE ADVISOR PROVIDES THE SITE ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY SOFTWARE OR OTHER MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN VIA THE SITE IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL.
REAL ESTATE ADVISOR ENDEAVORS TO KEEP THE INFORMATION PROVIDED BY THE SITE ACCURATE AND CORRECT, HOWEVER WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY OR SUITABILITY, FOR ANY PURPOSE, OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS, THEREFORE, STRICTLY AT YOUR OWN RISK. REAL ESTATE ADVISOR DOES NOT INTEND THE INFORMATION PROVIDED BY THE SERVICE TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR CONFIRMING THE ACCURACY AND RELIABILITY OF ANY INFORMATION CONTAINED IN THE SERVICE.
Privacy and your Personal Information
For information about our data protection practices, please read the Privacy and Security Policy. This policy explains how we treat your personal information when you access and use the Site. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Description of the Site
The Site provides service(s) to you with access to a collection of websites, resources, data, software, and tools. The services that we provide are subject to the following, which we may be modified by posting revision(s) on our website(s) from time to time without providing notification. Unless stated otherwise, any new features or enhancements to the current Site shall be subject to this agreement in addition to any terms and conditions applicable to particular services. You are responsible for regularly reviewing any applicable changes. Continued use of the Site after any changes take effect will constitute your acceptance of such changes.
The Site is provided to you by Real Estate Advisor and is meant as an aid to assist you in organizing, buying, selling, connecting with local real estate professionals, real estate agent, real estate broker, real estate advisor, and real estate services. It is not intended to provide legal, tax or financial advice.
Real Estate Services
Real Estate Advisor is a licensed real estate brokerage company operating in California (DRE #02054581) and New York. You may make requests to schedule a home tour or request to view a property, contact a real estate agent or real estate broker, help selling or buying a home or other requests. By making such requests, you authorize us to share your personal information including home search history, favorites and saved searches to a real estate professional in order to satisfy the user's request. When Site users make such requests they are extending an express invitation to us, or another appropriate entity or person, to contact the user.
When making any real estate requests you represent that you have not entered into any agreement, such as a listing agreement or buyer broker agreement, with a real estate agent or agency other than a Real Estate Advisor agent, contractor, or employee.
You agree that all data obtained from the Site is intended only for your personal, noncommercial use for the purpose of evaluating properties for sale or purchase. You represent that you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the Site. You will not copy, redistribute or retransmit any of the MLS Data or any other home information provided through the Site. You acknowledge ownership of a copyright in the MLS Data and the validity of the MLS's copyright.
The financial calculations available through the Site are not an offer to lend. Interest rates are for demonstration purposes only, and actual market interest rates may vary.
You agree to refrain from contacting the owner or seller of any property identified using information obtained through the Site. Furthermore, you agree that our employees, agents or contractors may represent other prospective buyers of the same properties that meet your criteria.
Equal Housing Opportunity
Real Estate Advisor Group does business in accordance with the Federal Fair Housing Law and is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
Third-Party Links and Promotions
Some parts of the Site are supported by sponsored links from advertisers and display promotions that may be custom matched to you based on information stored in the Site, queries made through the Site or other information. We will always disclose when a particular promotion is sponsored.
In connection with promotions, the Site will provide links to other web sites belonging to advertisers and other third parties. We do not endorse, warrant or guarantee the products or services available through these promotions (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and we are not an agent or broker or otherwise responsible for the activities or policies of those web sites. We do not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Site are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.
Multiple Listing Service (“MLS”)
All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be, verified by broker or MLS. Properties may or may not be listed by the office/agent presenting the information. The information provided is for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties you may be interested in purchasing or selling. All information should be independently reviewed and verified for accuracy.
MLSListings Inc
All rights reserved. Listing information is deemed reliable, but not guaranteed. Various data and information relating to real estate for sale on this website is licensed property of, and copyrighted by MLSListings Inc. information is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing or to sell a property. Listing Broker has attempted to offer accurate data, but buyers are advised to confirm all data provided. Copying, redistributing, or retransmitting, is strictly prohibited.
California Regional Multiple Listing Service, Inc. (“CRMLS”)
Based on information from CRMLS and/or other sources. Display of MLS data is deemed reliable but is not guaranteed accurate by the CRMLS.
New York Customers
Broker Restrictions in New York
Any real estate broker, salesperson, agent, or similar state licensed real estate professional (“Real Estate Agent”) who uses any Content for its customer must first enter into a co-brokerage agreement with Real Estate Advisor Group. We authorize the Real Estate Board of New York (“REBNY”) and/or REBNY Listing Service (“RLS”) brokers (and each of their duly authorized representatives) to access the Services for the purposes of verifying compliance with the provisions of these Terms, the Co-Brokerage Agreement between Real Estate Advisor Group and REBNY, or any other applicable RLS rules or policies or any other multiple listing system or real estate board to which we subscribe. We reserve the right to deny or terminate access to any Real Estate Agent except to the extent such Real Estate Agent is accessing the Services for the foregoing purposes. No person, including any Real Estate Agent, may market or make commercial use of the Content in any way, including, without limitation, advertising our property listings, copying our Content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Services.
NEW YORK STATE DISCLOSURE FORM FOR BUYERS AND SELLERS
THIS IS NOT A CONTRACT
New York State law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales agents. Throughout the transaction you may receive more than one disclosure form. The law may require each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS
SELLER AGENT
A seller’s agent is an agent who is engaged by a seller to represent the seller’s interests. The seller’s agent does this by securing a buyer for the seller’s home at a price and on terms acceptable to the seller. A seller’s agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller’s agent does not represent the interests of the buyer. The obligations of a seller’s agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.
BUYER AGENT
A buyer’s agent is an agent who is engaged by a buyer to represent the buyer’s interests. The buyer’s agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer’s agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer’s agent does not represent the interest of the seller. The obligations of a buyer’s agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer’s ability and/or willingness to perform a contract to acquire seller’s property that are not inconsistent with the agent’s fiduciary duties to the buyer.
BROKER'S AGENT
A broker’s agent is an agent that cooperates or is engaged by a listing agent or a buyer’s agent (but does not work for the same firm as the listing agent or buyer’s agent) to assist the listing agent or buyer’s agent in locating a property to sell or buy, respectively, for the listing agent’s seller or the buyer agent’s buyer. The broker’s agent does not have a direct relationship with the buyer or seller and the buyer or seller can not provide instructions or direction directly to the broker’s agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or buyer’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or buyer’s agent will have liability for the acts of the broker’s agent.
DUAL AGENT
A real estate broker may represent both the buyer and seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency by indicating the same on this form.
DUAL AGENT WITH DESIGNATED SALES AGENTS
If the buyer and seller provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the buyer and another sales agent to represent the seller to negotiate the purchase and sale of real estate. A sales agent works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales agent for the buyer will function as the buyer’s agent representing the interests of and advocating on behalf of the buyer and the designated sales agent for the seller will function as the seller’s agent representing the interests of and advocating on behalf of the seller in the negotiations between the buyer and seller. A designated sales agent cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency with designated sales agents by indicating the same on this form. This form was provided to me by Real Estate Advisor Group, a licensed real estate broker acting in the interest of the: ( ) Seller as a (check relationship below) (X) Buyer as a (check relationship below)
( ) Seller's agent (X) Buyer's agent
( ) Broker's agent ( ) Broker's agent
( ) Dual agent
( ) Dual agent with designated sales agent
If dual agent with designated sales agents is indicated above: ______ is appointed to represent the buyer; and ______ is appointed to represent the seller in this transaction.
I/We acknowledge receipt of a copy of this disclosure form:
Electronic signature of (X) Buyer(s) and/or ( ) Seller(s)
New York State Buyer and Seller Disclosure Form
NEW YORK STATE DISCLOSURE FORM FOR LANDLORD AND TENANT
THIS IS NOT A CONTRACT
New York State law requires real estate licensees who are acting as agents of landlords and tenants of real property to advise the potential landlords and tenants with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales agents. Throughout the transaction you may receive more than one disclosure form. The law may require each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS LANDLORD'S AGENT
A landlord’s agent is an agent who is engaged by a landlord to represent the landlord’s interest. The landlord’s agent does this by securing a tenant for the landlord’s apartment or house at a rent and on terms acceptable to the landlord. A landlord’s agent has, without limitation, the following fiduciary duties to the landlord: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A landlord’s agent does not represent the interests of the tenant. The obligations of a landlord’s agent are also subject to any specific provisions set forth in an agreement between the agent and the landlord. In dealings with the tenant, a landlord’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.
TENANT'S AGENT
A tenant’s agent is an agent who is engaged by a tenant to represent the tenant’s interest. The tenant’s agent does this by negotiating the rental or lease of an apartment or house at a rent and on terms acceptable to the tenant. A tenant’s agent has, without limitation, the following fiduciary duties to the tenant: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A tenant’s agent does not represent the interest of the landlord. The obligations of a tenant’s agent are also subject to any specific provisions set forth in an agreement between the agent and the tenant. In dealings with the landlord, a tenant’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the tenant’s ability and/or willingness to perform a contract to rent or lease landlord’s property that are not consistent with the agent’s fiduciary duties to the buyer.
BROKER'S AGENT
A broker’s agent is an agent that cooperates or is engaged by a listing agent or a tenant’s agent (but does not work for the same firm as the listing agent or tenant’s agent) to assist the listing agent or tenant’s agent in locating a property to rent or lease for the listing agent’s landlord or the tenant agent’s tenant. The broker’s agent does not have a direct relationship with the tenant or landlord and the tenant or landlord can not provide instructions or direction directly to the broker’s agent. The tenant and the landlord therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or tenant’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or tenant’s agent will have liability for the acts of the broker’s agent.
DUAL AGENT
A real estate broker may represent both the tenant and the landlord if both the tenant and landlord give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the landlord and the tenant. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the tenant and landlord. An agent acting as a dual agent must explain carefully to both the landlord and tenant that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the landlord and tenant are giving up their right to undivided loyalty. A landlord and tenant should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation. A landlord or tenant may provide advance informed consent to dual agency by indicating the same on this form.
DUAL AGENT WITH DESIGNATED SALES AGENTS
If the tenant and the landlord provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the tenant and another sales agent to represent the landlord. A sales agent works under the supervision of the real estate broker. With the informed consent in writing of the tenant and the landlord, the designated sales agent for the tenant will function as the tenant’s agent representing the interests of and advocating on behalf of the tenant and the designated sales agent for the landlord will function as the landlord’s agent representing the interests of and advocating on behalf of the landlord in the negotiations between the tenant and the landlord. A designated sales agent cannot provide the full range of fiduciary duties to the landlord or tenant. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A landlord or tenant should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation. A landlord or tenant may provide advance informed consent to dual agency with designated sales agents by indicating the same on this form. This form was provided to me by Real Estate Advisor Group, a licensed real estate broker acting in the interest of the:
( ) Landlord as a (check relationship below) ( ) Tenant as a (check relationship below)
( ) Landlord’s agent ( ) Tenant’s agent
( ) Broker’s agent ( ) Broker's agent
( ) Dual agent
( ) Dual agent with designated sales agent
If dual agent with designated sales agents is indicated above:______ is appointed to represent the tenant; and ______ is appointed to represent the seller in this transaction.
I/We acknowledge receipt of a copy of this disclosure form:
Electronic signature of ( ) Landlord(s) and/or ( ) Tenant(s)
New York State Landlord and Tenant Disclosure Form
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login/e-mail address (Login), allows you to access the Site. That Login and password, together with zip code, mobile number or other contact information you provide form your “Registration Information.”
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify us immediately at the email address - security@realestateadvisor.com.
Your Use of the Site
Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes.
Accurate records enable us to provide the Site to you. You must provide true, accurate, current and complete information about your financial condition, purpose for buying or selling real estate including but not limited to your intentions, approach and strategy, as requested in new account setup forms, and you may not misrepresent your Registration Information. In order for the Site to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Site to you will be affected. Furthermore, we reserve the right to terminate, cancel, delete or otherwise discontinue usage of the Site to you at our sole discretion.
Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that we, in our sole discretion, may elect to take.
User Submitted Content
You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (the "User Content") that you post, submit, publish, display or link to on the Site or send to other Site users. You agree not to post, submit or link to any User Content or material that infringes, misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any Federal, State or local law, rule or regulation, including Fair Housing Laws. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent or that is purposely false or misleading.
You agree that by posting content on the Site, you are granting us a royalty-free, perpetual, irrevocable and fully sublicensable license to publish, reproduce, distribute, display, adapt, and otherwise use this content in any manner on or in connection with the Site or in the course of offering services. You understand and agree that any User Content that you post or submit to the Site may be redistributed through the internet and other media channels, and may be viewed by the general public.
For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.
You understand that we do not approve or control the User Content posted by others, and instead simply provide a service by allowing users to access information that has been made available by others. We are not liable for any statements, representations, or User Content provided by its users on the Site. We assume no responsibility for monitoring the Site or services for appropriate User Content or conduct and have no obligation to screen, edit, or remove any of the User Content. However, we reserve the right, in our sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. We nonetheless assume no responsibility for such User Content or for the conduct of the User submitting any such Content.
Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms of Use.
You understand that we do not endorse or warrant any particular content or information available via the Site or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site. You use the Site at your own risk.
DMCA Copyright Policy
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through the Site or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Fathom is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, e-mail address; A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Designated Agent to Receive Notification of Claimed Infringement:
Real Estate Advisor Group / Copyright
166 Geary Street
San Francisco, CA 94108
Online and Mobile Alerts
We may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Site. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Site. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts. Some mobile providers may or may not impose or charge a fee for these messages, We are not responsible for any costs incurred in the delivery or acceptance of messages to your mobile device.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login username and some information about your accounts. Depending upon which alerts you select, information such as the address of the property you are selling or buying and transaction details and information such as offer price and terms may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Alert Disclaimer
You understand and agree that any alerts provided to you through the Site may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Intellectual Property Rights
The contents of RealEstateAdvisor.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Site belong or are licensed to Real Estate Advisor Group or its software or content suppliers. Real Estate Advisor grants you the right to view and use the Site subject to these terms. You may download or print a copy of information provided on the Site for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Site in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Access and Interference
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site, without our express written consent, which may be withheld in our sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engines and search agents available through the Site and other than generally available third-party web browsers (such as Google Chrome);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site.
Rules for Posting
As part of the Site, we allow Members to post content on bulletin boards, blogs and at various other publicly available locations on the Site. These forums may be hosted by us or by one of our third party service providers on our behalf. You agree in posting content to follow certain rules.
You are responsible for all content you submit to the Site.
By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Site and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Site and under this Agreement.
You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other Users’ use of the Site, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Site, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Site infrastructure or that negatively affects the availability of the Site to others.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Site that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Site are prohibited.
You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Site, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
You acknowledge that we may use a third party service provider to help us provide, host and operate some areas of the Site. You agree that if you choose to participate in, or post content to the Site, such as by posting a new topic, following a topic or replying to an existing topic, then you agree to also comply with any third party Terms of Use and Community Guidelines, in addition to the terms of this Agreement.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH REALESTATEADVISOR.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Not a Financial Planner, Legal or Tax Advisor
NEITHER REAL ESTATE ADVISOR GROUP NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. REAL ESTATE ADVISOR GROUP IS NOT A FINANCIAL PLANNER, LEGAL COUNSEL/ADVISOR OR TAX ADVISOR. The Site is intended only to assist you in your evaluation of buying and selling real estate and decision-making and is broad in scope. Your personal real estate and financial situation is unique, and any information and advice obtained through the Site may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should consider obtaining additional information and advice from your accountant, lawyer, real estate agent/broker or other financial advisers who are fully aware of your individual circumstances.
For specific advice on legal, financial or real estate matters, you should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.
Limitations of Liability
REAL ESTATE ADVISOR GROUP SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR LIQUIDATED, INCLUDING BUT NOT LIMITED TO REAL ESTATE CONTRACT(S) VOIDED, CANCELED, RECINDED, LOSS OF EARNEST MONEY DEPOSIT, LOSS OF REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO REALESTATEADVISOR.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT.
Indemnification
You shall defend, indemnify and hold harmless Real Estate Advisor Group and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Ending Your Relationship
This Agreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us, you may do so by closing your account for the Site. Your account may or may not be closed based upon your commitments made within the system. Refer to the Cancelation Agreement and Terms in “Close My Account”, located in your profile.
Please use the directions below to cancel your account:
Login to your account.
Go to “Your Profile”.
Locate the “Close My Account” option under “Security Settings” or Contact Us with a direct message to “Close My Account”
Read and Accept the cancelation terms and Agreement
Enter in the password for your account.
Press “Yes”
Press “Cancel Account”
Your account will be closed and your ability to log in deactivated immediately. Your account data will be removed subject to and as explained in our Privacy Policy.
We may at any time, terminate our legal agreement with you:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if we in our sole discretion believes it is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful); or
immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Modifications
We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Site after those changes are posted.
Governing Law and Forum for Disputes
These Terms of Use shall be governed by the laws of the State of California. Our failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or any services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Real Estate Advisor Group or you may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, as necessary to protect the rights or property of you or us.
You also acknowledge and understand that, with respect to any dispute with us, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Site or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Real Estate Advisor Group regarding the subject matter of the same, and supersedes all other previous agreements.
