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EZ Flat Fee Realty LLC Terms and Conditions
I. TERMINATION You agree that we, in our sole discretion, may terminate your access to and use of the Services, and remove and discard any information posted by us on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services upon expiration, request to terminate, or if your contact info becomes invalid (and we or the public have have no way to reach you otherwise). FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time with notice. If Owner fails to respond to Agency after 3 attempts at email communication, Agency (without further notice) reserves the right to terminate this listing agreement and remove the listing from all websites. II. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS (D) DEFECTS IN THE SERVICES WILL BE CORRECTED (E) THE OUR WEB SITES OR SERVICE THAT HOSTS IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (F) WEBSITES YOUR LISTING WILL BE VISIBLE ON MIGHT NOT CHANGE DUE TO FEEDS FROM MLS CHANGING OR BUSINESS REQUIREMENTS CHANGING III. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EZ FLAT FEE REALTY LLC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES). IV. FAIR HOUSING POLICY All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination.” We will not knowingly accept or permit any advertisement for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. Our complete policy is available on our website. V. PERSONAL INFORMATION Your personal information is strictly confidential. By submitting any of your contact information through our website, you are consenting that we, and authorized representatives, may contact you even if your name is on the Local or Federal “Do not call” List. You authorize us to use your contact information, in any way deemed reasonable, to allow the public to contact you. VI. REFUNDS If you wish to cancel after your order is placed, but before the listing is entered online, there will be a $35.00 cancellation fee. After your listing has been activated on the MLS or Realtor.com there are NO REFUNDS for any reason. You can cancel your listing at anytime once it is made active in the MLS and if the listed property is not currently Under Contract. VII. CHANGES TO YOUR MLS LISTING Changes to your MLS listing must be completed BY your assigned REALTOR® broker affiliate. Please contact the affiliate assigned to you for any and all changes. VIII. OTHER TERMS We are not responsible for your actions or omissions, and you will defend, indemnify and hold us and our affiliates harmless from and against any and all claims, liabilities, damages and actions arising from any of your acts or omissions, whether in connection with this agreement or otherwise. This agreement is the entire agreement between us and merges all prior and contemporaneous communications. If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and conditions and shall not affect the validity and enforceability of any remaining provisions. You agree that you are not relying on any representations not expressly contained in this Agreement. This Agreement is governed by the laws of the state of New Jersey, with venue for any disputes or claims being exclusively in New Jersey, United States. If we employ attorneys to enforce any rights arising out of or relating to this agreement, we shall be entitled to recover attorney fees and costs. This agreement is binding on you when you have typed your name as indicated and submitted your order to us. The listing contract may only be amended by a writing signed by both parties. No waiver of any provision of this agreement constitutes a waiver of any prior, concurrent or subsequent provision hereof. For purposes of this agreement, the term “affiliates” includes any entities that control, are controlled by or are under common control with our website. MLS listings are not refundable once listed for any circumstances. You are responsible for reviewing the accuracy of the listing information once input and must immediately request a correction of any inaccuracies from the REALTOR® broker affiliate. You are responsible for the accuracy and completeness of the information provided to the MLS. Listings are subject to substantial MLS rules for listings and the payment of commissions. Local REALTOR® broker affiliate does not provide arbitration or representation services in the event of a commission dispute. REALTOR® broker affiliates may individually, based upon their own independent judgment, refuse to accept a listing that does not offer a buyer commission that offers a reasonable chance of sale in the opinion of the broker affiliate. Acceptance of a listing does not imply that the broker affiliate guarantees or has evaluated the probability that the property will sell. CHANGES IN OUR TERMS: EZ Flat Fee Realty, LLC reserves the right to modify the terms and conditions at any time, so please review this page frequently. If we make any material changes we will notify you by email, or by means of a notice on this page. Privacy PolicyRegistration: In order to use this website, you must first purchase the appropriate listing plan and complete the purchase form. During registration you are required to provide us with your contact information including an email address. We use this information to contact you about the services on our site in which you have expressed interest. We will use your email address to provide you with updates and other communications from us. These communications are used to give you a better understanding of the site, what it offers, and how it is best utilized. As always, you have the option not to receive these types of communications by using the unsubscribe link in the email. Uses of Information: Any information shared with us during the purchase of your listing is owned solely by you “the account user” of the account. It will only be provide to our REALTOR® broker affiliates who service the state that you wish to list your home in. We will never share any personal or confidential information you provided to us with any 3rd parties. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process. Orders: If you subscribe for service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name and billing address), however payment information (such as credit card number, expiration date) is not kept on file, instead it is processed securely and privately through our credit card vendor or Paypal. Changes in this Privacy Statement: If we decide to change our privacy policy, we will post those changes to this privacy statement and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you by email, or by means of a notice on this page. Fair Housing PolicyAll real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination.” We will not knowingly accept or permit any advertisement for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. Laws That Protect You 444 Civil Rights Act of 1866. The federal Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property. Civil Rights Act of 1968 and 1988 Amendment. In leasing or selling residential property, the Civil Rights Act of 1968 expands the definition of discrimination to include not only race, but also national origin, color, and religion. The Fair Housing Amendments Act of 1988 further broadens the definition to include age, sex, and handicapped status. Fair Housing Act. The federal Fair Housing Act of 1988 and Title VIII of the Civil Rights Act of 1968 constitute the Fair Housing Act. The Act makes fair housing a national policy throughout the U.S. It prohibits discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable because of race, color, religion, sex, disability, familial status or national origin. Americans with Disabilities Act. Title III of the federal Americans with Disabilities Act prohibits discrimination against persons with disabilities in commercial facilities and places of public accommodation. Equal Credit Opportunity Act. The federal Equal Credit Opportunity Act makes it unlawful to discriminate against anyone on a credit application due to race, color, religion, national origin, sex, marital status, age or because all or part of an applicant’s income comes from any public assistance program.
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