Limited Users Allowed- Representations and Warranties
By using the Services, you represent and warrant as follows:
1. You are over the age of 18.
2. You will only digitally access the services while you reside in and are physically located in the United States of America.
3. You have the full right and authority to enter into and be bound by these Terms on your own behalf and/or on behalf of any entity on whose behalf you are accessing the Services.
4. You have not signed any agreement with a real estate broker or agent that would prevent you from using us or one of our affiliates as your sole and exclusive broker or agent for your contemplated purchase(s) and/or sale(s).
5. You are not under any exclusive contract or otherwise in any agency relationship pertaining to the sale or purchase of the property(ies) related to the Services.
6. You will use the Services only in strict compliance with these Terms.
7. You will not contact the seller or attempt to gain access to any property from information gained through the Services. You will also not attempt to gain access to any property without an appointment set by us or our affiliates.
8. You agree that we may also represent other perspective buyers seeking to purchase properties that meet your criteria.
9. You agree that we may serve as a dual agent on any transaction which results from your usage of the Services, unless otherwise prohibited by applicable law.
10. You are not a real estate agent or broker with any brokerage not belonging to us, with the limited exception that real estate agents or brokers may access the Services for the purpose of verifying compliance with MLS rules or contacting us.
11. You will not attempt any assignment of the Terms.
Information relating to properties referenced on or in the Services comes from the Internet Data Exchange (IDX) program of California Regional Multiple Listing Service, Inc. Information is deemed reliable but not guaranteed accurate. The Services may reference real estate listing(s) held by a brokerage firm other than the brokers who own the Services, and we have not verified the accuracy thereof. Users of the Services are responsible for verifying the accuracy of any and all property information with the assistance of appropriate professionals.
For any comments about the accuracy of property information please contact us at (909) 212-0329.
No Agency Relationship
In no event will unilateral usage of the Services in and of themselves be interpreted as forming a fiduciary relationship of any kind, including but not limited to as a real estate agent-client or attorney-client relationship. None of the Services in and of themselves shall be construed as legal, taxation, or real estate advice.
Property Valuations, Market Reports, and Mortgage Calculators
Property valuations, market reports, and mortgage calculators are provided through Real Geeks, LLC, and we make no representations and no guarantees concerning them. You are advised to consult with your own real estate and/or lending professional concerning the same.
Limited License for Personal and Non-Commercial Use Only
Users who meet the requirements set forth in the Terms are hereby granted a limited license to view, copy, and print documents or information that is made available through the Services, but only for their own internal business purposes. Any other use is strictly prohibited.
You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, including the CRMLS Rules and Regulations of the California Regional Multiple Listing Service, Inc. All rights not expressly granted in these Terms are reserved.
Users shall not attempt to gain any unauthorized access to the Services through data or password mining, hacking, robots, spiders, or similar data gathering and extraction tools or any other means.
To the fullest extent permitted by law, you agree to indemnify and hold harmless us and our employees, independent contractors, agents, officers, directors, contractors, and affiliates from and against any and all claims of any kind, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorneys’ fees) in any way arising from or related to the Services, including but not limited to, without limitation, any claims that would constitute a breach of these Terms.
Limitation of Liability
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY THAT THE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, AND NO REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGMENT OF INTELLECUTAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE, AND INCLUDING REPRESENTATIONS AS TO THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON OR IN THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USAGE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, INDEPENDENT CONTRACTORS, SUPPLIERS, AFFILIATES, AND/OR LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND AIRISING FROM OR RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES. WE SHALL ALSO NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, DAMAGES RELATING TO YOUR ACCESS OR USE OF OR IN THE SERVICES, AND DAMAGES RELATING TO ANY THIRD-PARTY CONDUCT OR CONTENT AVAILABLE VIA THE SERVICES INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OR CONTENT. THIS LIMTIATION APPLIES TO ALL CLAIMS, REGARDLESS OF LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBLITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS.
The Services are protected by applicable copyright, trademark, patent, and/or other proprietary intellectual property rights under the United States and foreign laws. Except as expressly authorized by us you agree not to distribute or create derivative works based on the Services, in whole or in part.
If you believe in good faith any of the materials on or in the Services infringe your rights under U.S Copyright law, you may send a notice to us pursuant to the Digital Millennium Copyright Act requesting that we remove or disable access to the infringing material. See www.copyright.gov for proper notice requirements. Please mail your notification to: Intero Real Estate Services, Attn: Legal, 10641 Church Street, Rancho Cucamonga, CA 91730.
Fair Housing Act
We are committed to providing equal housing opportunities for all. All residential real estate information on or in the Services is subject to the Federal Fair Housing Act, and all content created by us complies with the National Association of Realtors® Article 10. We are also an Equal Opportunity Employer.
You may stop using our website at any time. We may terminate, limit, or suspend your access to the Services for any reason at any time and without notice. You agree that we shall not be liable to you or any third party for any termination of your access to the Services. The termination of the Services shall not terminate your obligations under these Terms, including but not limited to those that relate to Indemnification, Limitation of Liability, and Disputes.
Links to Other Web Sites
The Services may contain links or embed third-party websites or services that are not owned or controlled by us. Such third-party websites include but are not limited to Real Geeks, Google Translator, Facebook, Twitter, LinkedIn, Pinterest, Google+, and Google Maps. Be sure to read the user agreements and privacy policies that govern your use of these other websites.
Should a court of law or other authority with jurisdiction find any parts of these Terms to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the other provisions shall remain in full force and effect, and the court will insert an alternative provision that most closely approximates the intent and the economic effect of the original provision.
To the fullest extent permissible by law, any disputes in any way connected to the Services shall be governed by the laws of the State of California without regard to any conflict of law provisions. This will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence. In the event of any dispute arising out of or otherwise relating to the Services, the sole, exclusive, and only jurisdiction shall be the State and Federal courts of the County of San Bernardino, California, USA. It is acknowledged that Avance Real Estate, Inc.’s principle office is located in the County of San Bernardino. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail or nationally recognized overnight courier. You hereby waive any objection you may have in any such action based on lack of personal jurisdiction, improper venue, or inconvenient forum.
Notice to California Residents
Under California Civil Code section 1789.3, residents of California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Services please contact us as at Intero Real Estate Services, Attn: Legal, 10641 Church Street, Rancho Cucamonga, CA 91730 or (909) 212-0329.
This policy was last updated 3/29/2019. We may make changes to these Terms from time-to-time, and will notify users by posting any new terms on our website. Any change to the Terms will not become effective for seven days after it is posted. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
For support or other issues, contact us by using the "contact us" option from the main toolbar.