TERMS OF USE POLICY
Last Revision Date: October 15, 2010
By registering on any of
the Real Estate One, Inc. Websites (as defined below), you are acknowledging
and accepting these Terms of Use. Real Estate One may from time-to-time revise
these Terms of Use, and the date of last revision is available above. Your continued use of Our Websites after
changes have been posted to these Terms of Use will constitute your acceptance
of such changes. If You do not agree to these terms, You may not use our
Websites.
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1. |
The following agreement describes the terms on
which We permit use of Our Websites. These Terms of Use govern all use of our
Websites and apply to all Internet traffic visiting our Websites (called
"Users" or "You"). Before using our Websites, please read
all of these Terms of Use carefully. |
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Use of Our Websites. Users of the Real
Estate One Family of Websites agree to the following: |
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2.1 The User must be a
prospective purchaser or seller of real property in Michigan with a bona fide
interest in the purchase or sale of such real property. |
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2.2 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. By
registering, the User consents to receive personalized emails, and telephone
calls from Real Estate One or its affiliated companies. |
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2.4 Real Estate One, Real Estate One
1st to Know, Max Broock Realtors,
Johnstone & Johnstone, Realty Executives Midwest, 45th
Parallel, Relocation America, and Personal Perks are trademarks and/or
service marks of Real Estate One. Any other trademarks or service marks
appearing in any of our Websites are the property of their respective owners. |
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3. |
Client Agreements and
Representations. Real Estate One Clients agree to the following: |
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3.1 Client agrees to
provide his/her own access to the World Wide Web and pay any fees associated
with such access. |
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3.2 Client represents and
warrants that he/she has not signed any agreement with a real estate broker
or agent that would prevent the Client from using Real Estate One as his or
her agent. Client does not have a contract or agreement with any third party
that would interfere with Real Estate One's representation of Client. |
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3.3 Client agrees that he
or she will not contact the owner/seller of any property from information
gained through our Websites. The Client will not attempt to enter the
property or speak with an owner/seller without an appointment set by Real
Estate One or one of its affiliates. |
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3.4 Client agrees to
abide by all copyright restrictions placed on the content of the Real Estate
One Websites including, but not limited to, any material or data compilations
where Real Estate One or others hold the copyright. |
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3.6 The Client agrees
that Broker may also represent other prospective buyers seeking to purchase
properties that may meet Client's criteria. |
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3.7 Client authorizes Real
Estate One 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. |
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3.8 Client agrees to
immediately notify Real Estate One in the event that the Client enters into
agreement with another broker. |
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4. |
Home Data. All home data
provided is for the personal, sole and private, non-commercial use of the
Client and not available for redistribution, retransmission or copying. The
Client may not sell or use the Websites' data for any purpose, other than the
purpose of attempting to evaluate houses or properties for sale or purchase.
User acknowledges that the individual multiple listing service (MLS), which
supplies the listing data, owns such data and User acknowledges the validity
of the MLS's copyright to such data. |
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Termination. Real Estate One reserves
the right to terminate User and/or Client access to the Websites and/or cease
doing business with any person who uses profanity, obscenity, vulgarity or
offensive, threatening, unlawful, harmful, harassing, tortious,
defamatory, libelous, invasive, hateful, abusive or otherwise objectionable
language, behavior or conduct in any manner towards any Real Estate One
Agent, employee, agent, contractor or customer, on the Websites, in emails,
in telephone conversations or messages, in writing, or in person. Additionally,
Real Estate One reserves the right to refuse to do business with any person
in Real Estate One's discretion, consistent with local, state and federal
fair housing and other laws. |
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Use of Websites'
Content. You may download, view and print a single copy of any other
content, solely for your personal and non-commercial purposes, subject to the
restrictions set forth in these Terms of Use. All right, title, and interest
in and to the Real Estate One Websites and any other content appearing on the
Real Estate One Websites, will remain the exclusive property of Real Estate
One and its licensors. Except as expressly permitted in these Terms of Use,
you may not reproduce, modify or prepare derivative works based upon,
distribute, sell, transfer, publicly display, publicly perform, transmit, or
otherwise use the Real Estate One Websites, or any other content appearing on
the Real Estate One Websites. You may not copy or modify the HTML code used
to generate web pages on the Real Estate One Websites. You may not use the Real
Estate One Websites, or any other content appearing on the Real Estate One
Websites, on or in connection with any other website, for any purpose. |
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Website Content. |
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8.1 You agree that you
shall not post any information or content: |
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a)
that is known by you to be false, inaccurate or
misleading; b)
that infringes any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity or
privacy; c)
that violates any law, statute, ordinance or regulation
(including, but not limited to, those governing export control, consumer
protection, unfair competition, anti-discrimination, fair housing or false
advertising); d)
that is, or may reasonably be considered to be,
defamatory, libelous, hateful, racially or religiously biased or offensive,
unlawfully threatening or unlawfully harassing to any individual, partnership
or corporation; e)
for which you were compensated or granted any
consideration by any third party; f)
that includes any information that references addresses,
email addresses, contact information or phone numbers, except as expressly permitted
in the Consumer Comment Guidelines; g)
or that contains any computer viruses, worms or other
potentially damaging computer programs or files. |
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Other Rules. You may not harvest
personal data (including email addresses) from the Real Estate One Websites,
and specifically you may not use email addresses displayed on our sites to
ask users to join or contribute to your services. We have the right to
investigate and prosecute violations of any of the above to the fullest
extent of the law. We may involve and cooperate with law enforcement
authorities in prosecuting users who violate these Terms of Use. You
acknowledge that Real Estate One has no obligation to monitor your access to
or use of the Real Estate One Websites, but has the right to do so for the
purpose of operating the Real Estate One Websites, to ensure your compliance
with these Terms of Use, or to comply with applicable law or the order or
requirement of a court, administrative agency or other governmental body.
Unless we explicitly agree otherwise in writing, you may not use any
automated means (such as scripts) to access the Real Estate One Websites or
collect information from it. |
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No Warranty. OUR WEBSITES ARE PROVIDED
"AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTIES OF
ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING THE QUALITY,
PERFORMANCE, OR FUNCTIONALITY OF OUR WEBSITES OR REGARDING THE QUALITY OR
ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF OUR
WEBSITES OR THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. REAL
ESTATE ONE MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL
BE CORRECTED, OR THAT THE WEBSITES WILL BE VIRUS-FREE. REAL ESTATE ONE
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE, MECHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, REAL ESTATE ONE'S
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. |
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Limitation of
Liability. UNDER
NO CIRCUMSTANCES WILL REAL ESTATE ONE BE LIABLE UNDER ANY SECTION OF THESE
TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER
LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF
DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY)
WHETHER OR NOT REAL ESTATE ONE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGES. REAL ESTATE ONE SHALL NOT BE LIABLE FOR THE COST OF
PROCUREMENT OR SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY AND IN NO EVENT
SHALL REAL ESTATE ONE'S LIABILITY TO YOU EXCEED THE GREATER OF (i) THE AMOUNT OF FEES YOU HAVE PAID TO REAL ESTATE ONE
DURING THE NINETY (90) DAYS IMMEDIATELY PRIOR TO DAMAGE OR (ii) ONE HUNDRED
DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS
OF USE MAY BE BROUGHT BY YOU OR REAL ESTATE ONE MORE THAN ONE (1) YEAR AFTER
THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED. THE TERMS OF THIS
SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF
THE WEBSITES OR THE SERVICES PROVIDED THEREBY. IN JURISDICTIONS THAT RESTRICT
LIMITATION OF LIABILITY PROVISIONS, REAL ESTATE ONE'S LIABILITY WILL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY
REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. |
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Indemnity. By choosing to use
the Real Estate One Websites, you agree to indemnify Real Estate One, its Real
Estate One Agents, officers, agents, partners, and employees from any and all
claims or damage, including reasonable attorney's fees, made by third parties
due to, or arising out of content you choose to submit, post or transmit
through Real Estate One; or of your use of or connection to the Real Estate
One Websites; your violation of these Terms of Use and/or the Consumer
Comment Guidelines; or, your violation of any rights of another. |
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Notices. Except as explicitly stated
otherwise, (i) all notices to Real Estate One shall
be made by postal mail to Real Estate One, 25800 Northwestern Hwy. Suite 100,
Southfield, Michigan, 48075 Attn: Legal Department and (ii) all notices to
You shall be made by postings to Our Websites. Alternatively, we may give you
notice by sending an email to the email address You provided us when
registering. In the case of email, notice shall be deemed given 24 hours
after email is sent, unless the sending party is notified that the email
address is invalid. In the case of postal mail, notice shall be deemed given
3 days after the date of mailing. |
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Legal Actions. These Terms of Use will be
governed by and construed in accordance with the laws of the State of Michigan,
without regard to its conflicts of laws or provisions. The application of the
United States Convention of Contracts for the International Sale of Goods is
expressly excluded. The exclusive personal jurisdiction of and venue for all
disputes arising out of these Terms of Use and your use of the Websites
and/or the services provided thereby shall be the state and federal courts
located within the State of Michigan and you consent to such jurisdiction and
waive all objections to such jurisdiction and venue. |
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Integration. These Terms of Use
constitute the entire agreement, and supersede any other agreements or
understandings (oral or written), between you and us with respect to their
subject matters. |
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Force Majeure. Real Estate One will not be liable
in any amount for failure to perform, or delay in performing, any
obligations, hereunder if such delay or failure is caused by any events
beyond Our control including, without limitation, acts of third parties,
wars, hostilities, revolutions, riots, civil commotion, national emergency,
strikes, lock-outs, unavailability of supplies, epidemics, fire, flood,
earthquake, force of nature, explosions, embargo, or any other Act of God,
unavailability, errors or other failures on the Internet, other data
networks, or telecommunications systems, any law, proclamation, regulation,
ordinance, or other act or order of any court, government or governmental
agency or delays. |
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Severability. If any provision of these Terms of Use as such may exist or may
hereafter be amended, is found to be invalid, illegal or unenforceable for
whatever reason, such provision shall be fully severable and the other
remaining provisions shall remain in full force and effect, and shall be
construed as if the illegal, invalid or unenforceable provision never
comprised a part thereof. Furthermore, in lieu of such invalid, illegal or
unenforceable provision there shall be added automatically in its place a
provision similar in its terms and intent to the illegal, invalid or
unenforceable provision as may be possible and be legal, valid or
enforceable. |
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No Waiver. Any failure of Real Estate One to enforce any provision of these
Terms of Use shall not be construed a waiver of any rights under such
provision or any other provision of the Terms of Use. Real Estate One may
only make such waiver by an express writing. |
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19. |
Acknowledgement of
Consumer-Broker Relationship. By agreeing to these Terms of Use, Client
acknowledges entering into a lawful consumer-broker relationship as may be
defined under state law. |
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20. |
Agreement to Terms. By agreeing to these
Terms of Use, Client and/or User acknowledge that they have read these Terms
of Use and agree with the terms set forth therein. |





