Last updated: October 25, 2016
We fully support the principles of the Fair Housing Act and the Equal Opportunity Act.
This is a legally binding agreement. The terms "you" and "your" refer to an individual registering with or accessing the Service. You represent that you have the full right, power, and authority to enter into and perform these Terms without the consent of any third party.
We may, in our sole discretion, amend these Terms from time to time upon notice. Your continued use of the Service after any such change constitutes your acceptance of the amended Agreement. If you do not agree to any portion of these Terms at any time, you must cease your access and use of the Service.
(i) are entitled to grant the rights and licenses to your Content under these Terms and none of your Content will infringe any party's Intellectual Property Rights or violate Applicable Law;
(ii) will use the Service for internal purposes only and will not sell, license, or transfer to any party any information obtained through the Service or engage in any other commercial exploitation of the Service;
(iii) have the right and authority to enter into these Terms, and that by entering into or executing your obligations under these Terms, you will not be in breach or violation of the terms of any agreement with or obligation to any third party
(iv) are a prospective purchaser or seller of real property in the geographic areas where we are licensed and operating with a bona fide interest in the purchase or sale of such real property;
(v) have not signed any agreement with a real estate broker or agent that would prevent you from using one of our franchisees as your sole and exclusive broker or agent, and you do not have a contract or agreement with any third party that would interfere with our representation of you;
(vi) will limit your search on the Service to properties within your anticipated purchase ability or price range and to the properties that meet your other criteria;
(vii) will not (a) contact the owner or seller of any property from information gained through the Service or (b) attempt to enter the property or speak with an owner or seller without an appointment set by us;
(viii) will abide by all copyright restrictions placed on the content of the Website including, but not limited to, any material or data compilations where we or others may hold the copyright;
(ix) agree that we may also represent other prospective buyers seeking to purchase properties that may meet your criteria;
(x) authorize us to review and provide copies of various documents in any of your transactions relating to the Service, including without limitation home inspection reports and closing papers;
(xi) agree to comply with the User Ratings Guidelines when utilizing the User Ratings;
(xii) with respect to any User Rating, consent to us posting your first name and first initial of your last name and real-property information such as price of property, property type (e.g., single family, condo, townhouse), type of transaction (e.g., conventional, short sale, foreclosure), and/or the city in which the property is located pertaining to such User Rating; and
(xiii) acknowledge and agree that neither we nor any Affiliated Entity endorse any User Review or other Content hosted on or transmitted through the Service.
We do not provide compliance services. You agree that the Service is provided for your convenience only, and not for purposes of enabling you to meet your obligations under Applicable Law and third party agreements. You are solely responsible for ensuring compliance with such obligations.
If any amounts are due hereunder, you will pay us in accordance with statements issued by us or otherwise as agreed within the Service. Pricing for any portion of the Service is subject to change upon our notice. Pricing excludes, and you will pay, all taxes, but neither party will pay income taxes of the other party. For any amount you fail to pay by its due date, we may charge you a late penalty on the amount overdue each day it is overdue until it is paid, equal to the lesser of (a) the maximum legally permissible interest rate, and (b) an interest rate of five percent (5%), which reflects the cost of our efforts to collect your payment. You will pay amounts through the means determined by us, including without limitation through a payment service provided by us or a PSP. If a PSP is used, you may also be required to register with the PSP, agree to the PSP's terms of service and privacy policies, and go through a vetting process at the request of the PSP. Please note we are not a party to the PSP's terms of service and privacy policies and we have no obligations or liability to you under any such terms or policies.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. USE OF THE SERVICE HEREUNDER IS AT YOUR SOLE RISK. THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO AFFILIATED ENTITY, INCLUDING US, AND EACH OF THEIR LICENSORS AND SUPPLIERS DO NOT WARRANT THAT ANY PORTION OF THE SERVICE, CONTENT THEREIN (INCLUDING WITHOUT LIMITATION ZAPSCORE AND SIMILAR FEATURES) OR MLS FEED IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR COMPLY WITH LAWS APPLICABLE TO YOU; THAT ANY PORTION OF THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, BACKED UP, SECURE, OR FREE FROM BREACH OR INTERCEPTION OF DATA OR YOUR CONFIDENTIAL INFORMATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DOWNLOADED AT YOUR OWN RISK. NEITHER US NOR ANY AFFILIATED ENTITY WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, LINK OR ADVERTISEMENT OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR SERVICE, AND NEITHER US NOR ANY AFFILIATED ENTITY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY SUCH THIRD PARTY.
IN NO EVENT WILL ANY AFFILIATED ENTITY, INCLUDING US, OR ANY OF THEIR EMPLOYEES, LICENSORS, CONSULTANTS, CONTRACTORS, OR DIRECTORS, BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, ERRORS, OMISSIONS, MISCALCULATIONS, MISREPRESENTATIONS OF VALUE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL , EXEMPLARY, OR OTHER DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANY AFFILIATED ENTITY, INCLUDING US, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION ON LIABILITY DOES NOT APPLY TO PERSONAL INJURY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You will indemnify, defend and hold us, including any Affiliated Entity, including us, harmless from and against any and all Claims to the extent arising out of or in connection with your(i) breach of these Terms; (ii) conduct involving fraud, negligence, omissions, or willful misconduct; and (iii) misuse of the Content or any other misuse of the Service.
Recipient may use Disclosing Party's Confidential Information solely to perform Recipient's obligations or exercise its rights hereunder. Recipient will not knowingly disclose, or permit to be disclosed, Disclosing Party's Confidential Information to any third party without Disclosing Party's prior written consent, except that Recipient may disclose Disclosing Party's Confidential Information solely to Recipient's employees and/or subcontractors who have a need to know and who are bound in writing to keep such information confidential pursuant to confidentiality agreements containing nondisclosure obligations substantially similar to those in these Terms. Recipient agrees to exercise due care in protecting Disclosing Party's Confidential Information from unauthorized use and disclosure, and in any case will not use less than industry standard security measures and the degree of care a reasonable person would use. The foregoing will not apply to any information that: (i) is in the public domain through no fault of Recipient; (ii) was properly known to Recipient, without restriction, prior to disclosure by Disclosing Party; (iii) was properly disclosed to Recipient, without restriction, by another person with the legal authority to do so; (iv) Recipient independently develops without use of Disclosing Party's Confidential Information; (v) is expressly permitted to be disclosed pursuant to the terms of these Terms; or (vi) is required to be disclosed pursuant to a judicial or legislative order or proceeding; provided that, where possible, Recipient provides to Disclosing Party prior notice of the intended disclosure and an opportunity to respond or object thereto. Our Confidential Information includes these Terms, our pricing, our Intellectual Property Rights, and the Service. Notwithstanding the foregoing, our obligations under this section are subject to the disclaimers set forth in Section 8 above.
You expressly acknowledge and agree that Brand has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof, and that Brand will have the full benefits of these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties and as otherwise expressly stated herein.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE:
You and all Affiliated Entities agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, any Affiliated Entities may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.
To initiate arbitration, you or we must do the following things:
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In addition, for claims of less than $1,000, we will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New Jersey, or any other location we mutually agree to, subject to New Jersey law . The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The arbitrator's decision may be entered as a judgment in a court of competent jurisdiction.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Affiliated Entities in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, BOTH PARTIES HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction in the United States District Court for the District of New Jersey or in state court in Morris County, New Jersey.