Definitions of Terms
“PropertyMaps” is the registered U.S. Service Mark of PropertyMaps Inc. that is the owner of this national portal that has agreements with the Website Brokers for the properties shown on the Website.
“Broker” or “Real Estate Agent” means a real estate broker, salesperson, agent, associate broker, or similar state licensed real estate professional.
“Buyer” or “Home Buyer” means a person who is buying or considering purchasing a property.
“Seller” or “Home Seller” means a person who is selling or considering the sale of a property.
“Prospective Purchaser or Seller” is an individual who has an immediate and genuine interest in the sale or purchase of real property.
“User” means a person who is a Prospective Purchaser or Seller who accesses the Website and otherwise utilizes the services of PropertyMaps or the Website.
“Website” means the PropertyMaps Internet website currently located at the URL address www.PropertyMaps.com.
“Website Broker” means the Broker shown on the Website as the appropriate Broker for the property or properties being searched.
- To register as a Client, the User must be eighteen (18) years of age or older.
- The Client must be a Prospective Purchaser or Seller of real property in the geographic areas where a Website Broker is licensed and operating.
- Any User that holds any type of real estate license, including, but not limited to a brokers, associate brokers or salespersons license must immediately advise PropertyMaps and the respective Website Broker by telephone, facsimile, email or chat before that User may access any password protected material including house listing data or other data compilations. PropertyMaps reserves the right to deny or terminate access to any such User at its discretion.
- Client represents and warrants that he/she has not signed any agreement with a Real Estate Broker or agency that would prevent the Client from using the respective Website Broker as his or her sole and exclusive agent. Client does not have a contract or agreement with another Real Estate Broker or agency such as a listing agreement or a buyer broker agreement.
- Client agrees to immediately notify PropertyMaps and the respective Website Broker in the event that the Client enters into agreement with another broker.
- Client agrees that he or she will not contact the Seller of any property from information gained through the Website. The Client will not attempt to enter the property or speak with a Seller without an appointment set by the respective Website Broker.
- Client agrees to limit their online search to houses or properties within their anticipated purchase ability or price range and to the properties that meet their other criteria.
- The Client 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, telephone calls and/or faxes from PropertyMaps and the respective Website Broker(s).
- Client agrees to abide by all patent, trademark, service mark and copyright restrictions placed on the content of the Website including, but not limited to, any material or data compilations where PropertyMaps, Inc. or others hold such rights.
- The Client agrees that Website Broker may also represent other prospective buyers seeking to purchase properties that may meet Client’s criteria.
- PropertyMaps and each Website Broker reserve the right to terminate User and/or Client access to the Website and/or cease doing business with any person who uses profanity, obscenity, vulgarity or offensive, threatening, unlawful, harmful, harassing, tortuous, defamatory, libelous, invasive, hateful, abusive or otherwise objectionable language, behavior or conduct in any manner towards any Website Broker or PropertyMaps employee, agent, contractor or customer, on the Website, in emails, in telephone conversations or messages, in writing, or in person. Additionally, PropertyMaps and each Website Broker’s reserve the right to refuse to do business with any person in PropertyMaps’s and each Website Broker’s discretion, consistent with local, state and federal fair housing and other laws.
- 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 Website data for any purpose other than the purpose of attempting to evaluate houses or properties for sale or purchase. Client acknowledges that the individual multiple listing service (MLS), which supplies the listing data, owns such data, and Client acknowledges the validity of the MLS’s copyright to such data.
- To the fullest extent permitted by law, the service is provided “as is,” without warranty or representation of any kind, either express or implied, as to (1) the operation of the Website, (2) the information, data, services, or products provided through or in connection with this service or (3) the ability, quality or reliability of any third party service provider accessed through or in conjunction with the use of this service.
- PropertyMaps disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortuous behavior, negligence or any other cause of action.
- Client authorizes PropertyMaps and Website Broker 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.
- Neither PropertyMaps nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to Client, User or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this service or inability to gain access to or use this service or out of any breach of any warranty, even if PropertyMaps has been advised of the possibility of such damages;
- Some states do not allow the exclusion or limitation of liability for damages. Therefore, the above limitations may not apply to you. In such states, the respective liability of PropertyMaps, its officers, directors, investors, employees, contractors, agents, successors, assigns and affiliates is limited to the greatest extent permitted by such states’ laws;
- The Client must provide their own access to the World Wide Web (“www”) and pay any fees associated with such access.
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