TERMS OF USE
Definitions of Terms
"Egger Realty" means Egger Realty, the Internet real estate service
operated by Egger Realty, Inc., a California corporation.
"Agent" 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.
"Client" is a User that has completed the registration process and
has acknowledged the agency disclosure.
"Prospective Purchaser or Seller" is an individual that expressed
an immediate and genuine interest in the sale or purchase of real property.
"User" means a person who is either a Buyer or a Seller who accesses
the Website and otherwise utilizes the services of Egger Realty.
Terms of Use
1. The User must be a prospective purchaser or seller of real property in the
geographic areas where Egger Realty is licensed and operating.
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 from Egger
Realty.
3. To register as a Client, the User must be eighteen (18) years of age or older.
4. 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
Egger Realty by telephone, facsimile, e-mail or chat before that User may access
any password protected material including house listing data or other data compilations.
Egger Realty reserves the right to deny or terminate access to any Real Estate
Agent at its discretion.
5. 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.
6. The Client must provide their own access to the World Wide Web ("www")
and pay any fees associated with such access.
7. 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 Egger
Realty 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.
8. 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.
9. Client agrees that he or she will not contact the owner/seller of any property
from information gained through the website. The Client will not attempt to
enter the property or speak with an owner/seller without an appointment set
by Egger Realty.
10. Client agrees to abide by all copyright restrictions placed on the content
of the Egger Realty site including, but not limited to, any material or data
compilations where Egger Realty, Inc. or others hold the copyright.
11. The Client agrees that Broker may also represent other prospective buyers
seeking to purchase properties that may meet Client's criteria.
12. 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.
13. Egger Realty 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.
14. Client authorizes Egger Realty 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.
15. Neither Egger Realty 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 Egger Realty has been advised
of the possibility of such damages;
16. 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 Egger Realty, its officers, directors, investors, employees, contractors,
agents, successors, assigns and affiliates is limited to the greatest extent
permitted by such states' laws.
17. For Referrals To Other Brokers/Agents
Egger Realty does not guarantee or warrant
the services provided by real estate brokers/agents that Egger Realty refers
to you. Each homebuyer/seller must independently verify the quality and experience
of each real estate broker/agent that they hire. The commissions paid are subject
to the agreement between the individual homebuyer/seller and the broker receiving
the referral and may be negotiated between the parties.
18. For Referrals To Other Service Providers
Egger Realty does not guarantee or warrant
the products or services of other product or service providers that Egger Realty,
its employees or agents refers to you, including, but not limited to, through
its website. Any referral to other product or service providers is for informational
purposes only. You are free to select any product service provider of your choosing.
Product and service providers may very in cost, quality, experience, availability,
responsiveness and other factors. You are advised to exercise care in the selection
of product or service provider.