These terms are effective as of 01/07/2019.
Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client. Without limitation, lending professionals and institutions are prohibited from using information provided by our site through the Services in making any loan-related decisions. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. In addition, you agree not to provide/post/authorize a link to any of the Services (including but not limited to your agent profile page) from a third party website that is not a real estate related website owned or operated by a real estate or lending professional or institution.
You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes.
(b) Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from Listiway. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.
(c) If you, as a consumer, choose to contact a real estate agent or a Lender through the Services by filling out a contact or other request form on the Services, you authorize Listiway to provide your name and contact information and other identifying information youo provide to the applicable real estate agent or Lender. You acknowledge that, by submiting your contact request or other request form on the Services, you may receive telemarketing calls from or on behalf of the real estate agent or Lender at the telephone number(s) you provide.
For materials you post or otherwise provide to Listiway in connection to the Services (your "Submission"), you grant Listiway an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Listiway will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Listiway may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Listiway the rights in this paragraph, that Listiway's use of the Submission will not infringe any third party rights and that the Submission complies with Section 3(a) above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services. Listiway will not use lead contact information that is uploaded by agents into the Services for any purpose.
Listiway is not a licensed real estate broker or agent, does not provide broker real estate transaction, does not act as a real estate agent for you or any other user. Listiway does not sell, buy or negotiate the purchase, sale or exchange of real property. Further, Listiway does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.
The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. Listiway does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that Listiway has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Listiway takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
You may not use any of the Listiway's trademarks or name as part of your screen name or email address on the Services. Any rights not expressly granted herein are reserved. Listiway does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.
LISTIWAY PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LISTIWAY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. LISTIWAY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
We may terminate or suspend access to our site and services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms were last updated on: 01/07/2019.