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Terms of Use |
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Definitions
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For
this Terms of Use Agreement, the following definitions
apply:
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"eList Realty, LLC"
means eList Realty, LLC, a Texas Limited Liability Company,
and the Internet real estate service operated by eList
Realty.com,
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"Agent"
or
"Real Estate Agent"
means a person licensed by a state regulatory agency as a
real estate broker, salesperson, agent or associate broker.
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"Active Buyer"
means a person who has signed a eList Realty, LLC Buyer
Representation Agreement.
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"Buyer"
or
"Home Buyer"
means a person who is buying or considering purchasing a
property.
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"Seller"
or
"Home Seller"
means a person who is selling or considering the sale of a
property.
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"Client"
is a User that has completed the registration process and
has acknowledged the agency disclosure.
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"Prospective Purchaser or Seller"
is an individual that expressed an immediate and genuine
interest in the sale or purchase of real property.
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"User"
means a person who is either a Buyer or a Seller who
accesses the Website and otherwise utilizes the services of
eList Realty, LLC.
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"Web site"
means the eList Realty, LLC Internet web site located at
www.eListRealty.com.
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Terms of Use
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- The User must be a
prospective purchaser or seller of real property in the
geographic areas where eList Realty, LLC is licensed and
operating.
- The User must (a)
provide true, accurate, and current information; (b)
maintain and update this information; (c) and ensure
that it remains true, accurate, and current.
- To register as a Client,
the User must be eighteen (18) years of age or older.
- 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 eList Realty, LLC by telephone,
facsimile, email or chat before that User may access any
password protected material including house listing data
or other data compilations. eList Realty, LLC reserves
the right to deny or terminate access to any Real Estate
Agent at its discretion.
- All home data provided
is for the sole and private use of the Client and not
available for distribution. 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.
- The Client must provide
their own access to the World Wide Web ("www") and pay
any fees associated with such access.
- Client represents and
warrants that he/she has not signed any agreement with a
real estate agent or agency that would prevent the
client from using eList Realty, LLC as his or her sole
and exclusive agent. Client does not have a contract or
agreement with another real estate agent or agency such
as a listing agreement or a buyer broker agreement.
- 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 agrees that
eList Realty, LLC may also represent other prospective
buyers seeking to purchase properties that may meet
Client's criteria.
- Client authorizes eList
Realty, LLC 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.
- Client agrees to
immediately notify eList Realty, LLC in the event that
the Client enters into agreement with another broker.
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LIMITED OFFERING
- eList Realty, LLC offers its
services as a real estate broker and lender only in those
states in which it is licensed to provide those services.
eList Realty, LLC expressly limits offering of services, and
provision of those services, in those states in which it is
licensed as a real estate broker and/or mortgage banker or
mortgage broker.
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WARRANTY
- 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 web site, (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.
eList Realty, LLC 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, tortious behavior, negligence or any other cause
of action.
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LIABILITY
- Neither eList Realty, LLC
nor any of its officers, directors, investors, employees,
contractors, agents, successors, assigns, affiliates,
ePartners 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 eList Realty, LLC 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 eList Realty, LLC, its officers,
directors, investors, employees, contractors, agents,
successors, assigns, affiliates and ePartners is limited to
the greatest extent permitted by such states' laws
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COPYRIGHTS
- The content and materials
contained on this site, as well as the organization and
layout of the site, are subject to copyright protection and
may not be used in any manner except as provided in the
Terms and Conditions of Use without the express prior
written consent of eList Realty, LLC.
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TRADEMARKS
- The trademarks, logos, names
and servicemarks used on this site, including, without
limitation, "eList Realty, LLC", are licensed, registered or
unregistered trademarks of eList Realty, LLC and/or third
parties who have authorized their use. You agree not to use
or display any of such trademarks, logos, names or
servicemarks without the express prior written consent of
eList Realty, LLC or the third party that may be the owner
thereof, as the case may be.
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LINKS TO OTHER SITES
- The Public web site contains
links to third-party web sites not operated by eList Realty,
LLC. eList Realty, LLC does not control such web sites and
thus is not responsible for their content or privacy
policies. Such links are provided for your reference only
and does not imply an endorsement of those web sites or any
association with their operators.
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