THESE TERMS OF USE ("TOU") ESTABLISH THE OBLIGATIONS, PROMISES, AND TERMS TO WHICH YOU, THE USER, AGREE AND ARE BOUND. BY COMPLETING ANY SIGN UP FORMS FOR FlatFeeRealty.com OR ITS AUTHORIZED AFFILIATES YOU, THE USER, ACCEPT ALL ASPECTS OF THE TOU. EACH TIME YOU, THE USER, ACCESS OR USE THE FLATFEEREALTY.COM WEB SITE OR REQUEST OR ACCEPT ANY INFORMATION, GOOD, SERVICE, PRODUCT OR CONTENT FROM FLATFEEREALTY.COM, YOU, THE USER, UNDERSTAND AND AGREE THAT YOU, THE USER, ARE ACCEPTING, AFFIRMING OR RE-AFFIRMING THE THEN EXISTING TOU. THE TOU APPLY TO EVERY USER.

RESPONSIBILITIES OF HOME SELLERS

In consideration of use of the service, you as a home seller represent, warrants,  and agree to that:

a) You are of legal age and are otherwise capable of forming a legally binding contract; b) You are an owner of the property and have the legal right to offer it for sale; c) The property is located in a state of the United States of America, the District of Columbia, or the Commonwealth of Puerto Rico, or The Caribbea; d) Your purpose in listing your property on the MLS is to locate a buyer; you agree to: e) provide true, accurate, current and complete information about your property as prompted by the MLS Registration Form, and f) to maintain and update this information to keep it true, accurate, current and complete. g) If any information provided by you is untrue, inaccurate, not current or incomplete, FlatFeeRealty.com has the right to terminate your listing and refuse any and all current or future use of the Service. h) You are not an Agent and will not act on behalf of an Agent; i) The property is not currently listed with any Agent; j) You will submit only one MLS listing for each property that you own; k) FlatFeeRealty.com may request, receive, copy and review your real property transaction and/or settlement documents; l) You will independently use appropriate government, public, consumer and other agencies or sources to verify Agent license status and background. As a Home Seller, you are not bound to accept any of the Proposals submitted. Proposals are not binding offers and are not intended to create a contractual or agency relationship between Home Sellers and Agents. The Proposals and Profiles are for information only and further negotiations are expected between Home Seller and Agent. FlatFeeRealty.com disclaims any liability arising from and the accuracy of any endorsements posted by the Agent. It is the Home Seller's responsibility to evaluate the nature of any endorsement posted by any Agent and to be aware that endorsements might not reflect the actual quality of service that he/she receives from an Agent.

RESPONSIBILITIES OF HOME BUYERS

In consideration of use of the service, you as a home buyer, warrants, and agree to that:

a) You are of legal age and are otherwise capable of forming a legally binding contract; b) You are interested in purchasing property; c) You are interested in purchasing property located in a state of the United States of America, the District of Columbia, or the Commonwealth of Puerto Rico; d) Your purpose in creating a Buyer Profile is to locate an Agent to represent you in purchasing real property; e) You are not an Agent and will not act on behalf of an Agent; f) You do not have an exclusive contractual or other arrangement with any Agent; g) You will complete only one Buyer Profile; h) FlatFeeRealty.com may request, receive, copy and review your real property transaction and/or settlement documents; i) You will independently use appropriate government, public, consumer and other agencies or sources to verify Agent license status and background. As a Home Buyer, you are not bound to accept any of the Proposals submitted. Proposals are not binding offers and are not intended to create a contractual or agency relationship between Home Buyers and Agents. The Proposals and Profiles are for information only and further negotiations are expected between Home Buyer and Agent. Any endorsements posted by an Agent through the FlatFeeRealty.com Consumer Feedback Program are the sole responsibility of the Agents. FlatFeeRealty.com disclaims any liability arising from and the accuracy of any endorsements posted by Agents. It is the Home Buyer's responsibility to evaluate the nature of any Endorsement posted by any Agent and to be aware that Endorsements might not reflect the actual quality of service that he/she receives from an Agent.

RESPONSIBILITIES OF AFFILIATES

In consideration of use of the service, you as an affiliate represent, warrants, and agree to that:

a) Licensing. Agent/Broker hereby affirms that he/she is licensed to perform real estate services. b) is duly licensed, and is in not in violation of, and will continue compliance with, any and all applicable federal, state and local laws and regulations including those that prohibit discrimination in the sale of property based on race, color, religion, sex, disability, familial status, or national origin. c) Indemnification. Agent/Broker agrees to indemnify and hold FlatFeeRealty.com and its parent, successors officers, directors, employees, and agents harmless from any costs, damages or expenses (including reasonable attorneys' fees) resulting from any action arising out of or in connection with this Service. d) LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. FLATFEEREALTY.COM MAKES NO WARRANTY OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF SERVICES DESCRIBED. FlatFeeRealty.com shall not be liable for any loss, costs, damages or expense (including reasonable attorney’s fees) incurred by Agent/Broker. In no event shall FlatFeeRealty.com's liability exceed the Trademark Licensing Fee paid by Agent/Broker. In no event shall FlatFeeRealty.com be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or related to this Service.

DISCLAIMER AND WARRANTY

By using the FlatFeeRealty.com web site, including any applets, software, and content contained therein, you agree that use of the Service is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, FLATFEEREALTY.COM DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF 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 TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER FLATFEEREALTY.COM NOR ANY OF ITS AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNEES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF FLATFEEREALTY.COM OR ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

INDEMNIFICATION

Each user agrees to indemnify and hold FlatFeeRealty.com and its affiliates, successors, representatives, principals, officers, directors, shareholders, employees, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of the use of the FlatFeeRealty.com service, any information, good, content, product or service provided by FlatFeeRealty.com, or any violation of these TOU or any other policy of FlatFeeRealty.com, or any infringement of any intellectual property or other personal or proprietary right of any person, by you, the user.

NO RESALE OF SERVICES

FlatFeeRealty.com is protected by U.S. and international laws related to intellectual property. The FlatFeeRealty.com logo, and the names of other products and services are trade and service marks and are protected under federal and international laws. Each user agrees not to resell, reproduce, modify, display, transmit, distribute or copy goods, content, products, services or information obtained from FlatFeeRealty.com nor exploit Membership or association with FlatFeeRealty.com for a commercial or advertising purpose without the express written permission of a corporate officer of FlatFeeRealty.com.
 

INFORMATION

FlatFeeRealty.com is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web Site, and is the copyright owner or licensee of the content and/or information on this Web Site including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Use, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. FlatFeeRealty.com does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Web Site without the express written permission of a corporate officer of FlatFeeRealty.com.

FlatFeeRealty.com reserves the right to change any information on this Web Site including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Web Site might take you to other web sites for which FlatFeeRealty.com assumes no responsibility of any kind for the content, availability or otherwise. (See "Links from and to this Website" below.) The content presented at this Site may vary depending upon your browser limitations.

LINKS

You acknowledge and agree that FlatFeeRealty.com and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by FlatFeeRealty.com or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Information in the many web pages that are linked to FlatFeeRealty.com comes from a variety of sources. Some of this information comes from official FlatFeeRealty.com licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, third party developers, both internal and external to FlatFeeRealty.com. FlatFeeRealty.com does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that FlatFeeRealty.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

You agree to defend, indemnify and hold FlatFeeRealty.com and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service.

PRIVACY POLICY

Our current privacy policies, available at here, are incorporated herein by reference, as if fully set forth herein. Notwithstanding the foregoing, FlatFeeRealty.com may access Information or take any action with respect to Information that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers. You, the user agree to immediately notify FlatFeeRealty.com of any unauthorized use of an account or any other breach of security and understand that upon termination of Membership FlatFeeRealty.com has no obligation to maintain or provide you, the user, with Information or anything previously provided or made available by or to you, the user, in connection with Service.

NO AGENCY

FlatFeeRealty.com is completely independent from you and every user. You and FlatFeeRealty.com agree FlatFeeRealty.com is not engaged in any agency, partnership, joint venture, employee-employer, franchisor-franchisee or other type of relationship with you or other users and no such relationship(s) are intended nor created by this Agreement.

NOTICES

Except as expressly stated otherwise, any notices shall be transmitted by e-mail to the email address you provide. Failure to maintain your current and working e-mail address constitutes a waiver of your right to automatically receive this information through any other means, electronic or otherwise.
 

FAILURE TO COMPLY WITH TERMS OF USE AND TERMINATION

You acknowledge and agree that FlatFeeRealty.com may terminate your  account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that FlatFeeRealty.com in its sole discretion believes violate any of the terms and conditions, violate the rights of FlatFeeRealty.com, or is otherwise inappropriate for continued access.

You acknowledge and agree that FlatFeeRealty.com may in its sole discretion deny you access through FlatFeeRealty.com to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through FlatFeeRealty.com, and FlatFeeRealty.com shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

OTHER INFORMATION

FlatFeeRealty.com is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.

If you wish to make purchases through the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold FlatFeeRealty.com liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.

MISCELLANEOUS

The Terms of Use and the relationship between you and FlatFeeRealty.com shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and FlatFeeRealty.com agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Delaware.

The failure of FlatFeeRealty.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.