TERMS OF USE

This Web site (“Site”) and any Account (each a “Service” and collectively the “Services”) is offered to you, the “User,” conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement. Your use of this Web site and your agreeing to “Accept” the terms constitutes your agreement to all such terms, conditions, and notices. The terms, conditions and notices contained in this agreement shall be governed by the laws of the State of Virginia, and the “User” submits to the laws and jurisdiction in the State of Virginia concerning its use of this website.

REAL ESTATE SERVICES

All of the information you have provided in this referral form is true and complete. You authorize Site to forward your information to its network of real estate professionals. You understand that these real estate professionals may keep this information, whether or not you complete a real estate transaction with them. You further understand and agree that by selecting a real estate company or professional, you are extending an express invitation for them to contact you by telephone at the numbers you have provided, and you hereby consent to any such calls even if your phone number is on any federal, state or other Do Not Call list. Your use of this Web site constitutes your agreement with this compensation arrangement.

DISCLAIMERS AND LIMITATIONS

Site intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Site at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” SITE AND ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND PRIVACY. USE OF THIS WEB SITE IS AT YOUR OWN RISK. SITE AND ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SITE AND ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

REQUIRED CONDUCT WHILE USING OUR SERVICES

While using the Services you will comply with all applicable laws, rules and regulations. In addition, Site expects users of the Services to respect the rights and dignity of others. Your use of the Services is conditioned on your compliance with the rules of conduct set forth in this Section; any failure to comply may also result in termination of your access to the Services pursuant to Section titled “Suspension or Termination of Access to Our Services.”

In using the Services, you agree that you will not, and will not allow or authorize any third party to:

• Use the Services or any Content for any purpose that is illegal, fraudulent, deceptive or unauthorized by these Terms, or would give rise to civil liability, or to solicit the performance of any illegal activity or other activity which infringes the rights of Site or others, or to encourage or promote any such activity.
• Engage in or promote any conduct that is offensive, harassing, predatory, stalking, violent, threatening, discriminatory, racist, hateful, or otherwise harmful, against any individual or group.
• Impersonate or post on behalf of, or express or imply the endorsement of, any individual or entity, including Site or any of its representatives, or otherwise misrepresent your affiliation with a person or entity.
• Use or attempt to use any account you are not authorized to use.
• Create a database of any type by systematically downloading, scraping, exporting or otherwise saving and storing any Content.
• Use any robot, spider, crawler, scraper, deep-link, page-scrape, site search/retrieval application or other manual or automated device, program, algorithm or methodology or interface not provided by us to access, acquire, copy, retrieve, index, scrape, data mine, in any way reproduce or circumvent the navigational structure or presentation of the Services or monitor any portion of the Services or to extract data, or to sell, resell, frame, mirror or otherwise exploit for any personal or commercial purpose, any portion of, use of, or access to the Services (including any Content, Software and other materials available through the Services), or attempt to circumvent any filtering techniques we may employ.
• Develop any third-party applications that interact with the Services, Software or Content without our prior written consent.
• Use or apply the Services in any manner directly or indirectly competitive with any business of Site.
• Use the Services in any manner, whether deliberate or otherwise, including without limitation a denial of service attack, that could in any way (a) interfere with, damage, disable, overburden or impair the functioning of the Services, or Site’s systems or networks, or any systems or networks connected to the Services, or (b) violate any requirements, procedures, policies or regulations of such systems or networks.
• Operate non-permissioned network services, including open proxies, relays, or use any means to bypass user limitations relating to the Services.
• Attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any Site server, or to any of the services offered on or through the Services, by hacking, password mining or any other illegitimate means.
• Probe, scan, monitor or test the vulnerability of the Services or any network connected to the Services, or breach the security or authentication measures on the Services or any network connected to the Services.
• Modify, adapt, create derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Services (including any Content, Software or other materials available through the Services), or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, Content or code within the Services except as, and solely to the extent, expressly authorized under applicable law overriding any of these restrictions.

SUSPENSION OR TERMINATION OF ACCESS TO OUR SERVICES

Notwithstanding any provision to the contrary in these Terms, you agree that Site may, in its sole discretion and with or without prior notice, for any or no reason, suspend or terminate your access to any or all of the Services and/or block your future access to any or all of the Services, including without limitation for any of the following reasons: (a) if we determine that you have violated any provision, or the spirit, of these Terms, (b) in response to a request by a law enforcement or other government agency, (c) due to discontinuance or material modification of any of the Services, or (d) due to unexpected technical issues or problems. Site shall not be liable to you or any third party for any termination of your access to any part of the Services. The rights and obligations of these Terms which by their nature should survive, shall so survive any termination of your use of the Services.

INDEMNITY

As a condition of use of this Web site, you agree to indemnify Site and its suppliers and real estate professionals from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this Web site.

You hereby represent, acknowledge and affirmatively state that they are in compliance with the Telephone Consumer Protection Act (“TCPA”) and other State and Federal regulations as currently in effect and as may be amended from time to time (“Regulations”). Such compliance shall include but not be limited to those amendment and/or changes to the TCPA which take effect as of October 16, 2013. You agree to indemnify and hold harmless Site and its officers, directors, employees and agents from any and all claims, damages, fees and costs brought against or incurred by Site as a result of any administrative, legal or other proceeding or action arising as a result of your breach or failure to comply with any Regulations. This provision shall survive the expiration or termination of any Agreement between you and Site.

ADVICE

Site is in no way providing any legal or financial advice relating to the sale or purchase of your property. Site highly recommends seeking the advice of a licensed real estate agent or broker before selling or buying a house.

THIRD PARTIES

This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Site does not operate or control in any respect any information, software, products or services available on such Web sites. Site inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. Any real estate broker or agent referred to you from this website shall not be construed as an agent of Site.

ERRORS AND DELAYS

Site is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by Site, or to any acts or omissions for which you may contend Site is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Richmond, VA. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Site. In any arbitration, Site will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Richmond, VA. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joiner or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND SITE WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Site’s goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Site, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Richmond, Virginia. In the event Site employs attorneys to enforce any right in connection with any Dispute or lawsuit, Site shall be entitled to recover reasonable attorneys’ fees.