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.

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.

2.

Use of Our Websites. Users of the Real Estate One Family of Websites agree to the following:

 

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.

 

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.

 

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.

3.

Client Agreements and Representations. Real Estate One Clients agree to the following:

 

3.1 Client agrees to provide his/her own access to the World Wide Web and pay any fees associated with such access.

 

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.

 

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.

 

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.

 

3.6 The Client agrees that Broker may also represent other prospective buyers seeking to purchase properties that may meet Client's criteria.

 

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.

 

3.8 Client agrees to immediately notify Real Estate One in the event that the Client enters into agreement with another broker.

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.

5.

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.

6.

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.

8.

Website Content.

 

8.1   You agree that you shall not post any information or content:

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.

10.

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.

11.

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.

12.

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.

13.

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.

14.

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.

15.

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.

15.

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.

16.

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.

17.

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.

18.

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.

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.

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.