Conditions, Declarations, Disclosures and Disclaimers
1. You agree that access and use of the website is solely for your personal and non-commercial use.
2. You understand and agree that if you use the services provided by Neighborcity to locate and hire a real estate agent to list or purchase property on your behalf, Neighborcity will be compensated by that agent for the referral service if the referral results in a closed transaction.
3. You agree not to do any of the following:
a. Access or attempt to access the website through any other means other than a web browser.
b. Engage in any activity that interferes with or disrupts the services, servers, and networks of American.
c. Use the information on the website to violate the laws of the United States or any state including the laws governing patents, trademarks and copyrights.
d. Access the website for the purpose of(i) transferring or selling website information; or (ii) framing on another web page; and (iii) assisting others in doing any of the above.
e. Use the website for any purpose other than (i) your own personal use; (ii) in conjunction with others who have or will have a joint interest with yourself; and (iii) in a representative capacity where you have or will have a substantial economic interest.
4. You agree to indemnify and hold harmless American from any damages, costs and expenses, including attorneys fees, litigation costs and trial expenses arising from (i) any improper or unauthorized use of the website; (ii) any claim from any party with whom you have a relationship and for whose interest, in whole or in part, you are using the website; and (iii) any third party claim based upon your use or display of the information on American's websites.
5. You agree that your use of the website does not constitute or create a fiduciary or brokerage relationship with American involving the purchase and sale of any property or a specific property.
6. You agree that any information you provide American through American's websites is true and correct and that you will take immediate action to correct any incorrect information.
7. You agree that American will not be liable to you or any members of your immediate family for any damages of any kind or nature whatsoever by reason of your reliance upon or use of, the American's websites or the information located therein. This non-liability shall include compensatory, punitive, special, consequential, or exemplary damages, fines or assessments.
8. You and American agree that all disputes of any kind or nature arising from this license or your use of American's websites or from services provided to you by American shall be resolved by arbitration using the services and rules of the American Arbitration System (an unrelated and independent entity) with each party paying for their own counsel fees and sharing equally all expenses and costs.
9. You and American agree that the applicable law shall be of the State of California without reference to its conflict of laws provisions, and that venue shall be in San Francisco, California. Any disputes not subject to arbitration under section 7 above shall be subject to the jurisdiciton of the courts of the County of San Francisco or the Federal District Court of the Northern District of California, as may be appropriate.
10. You understand that all the data on properties available for sale or rent is maintained by various real estate brokers, real estate agent boards, MLSs and associations in the communities where you are searching or where your property is located. These local boards of real estate are independent of American and are solely responsible for the accuracy of the information on properties entered into their own MLS data. American does not alter or add to this information on the properties in any way.
11. You understand that the real estate data provided herein is to only intended be used for research purposes and American does not guarantee or warrantee its accuracy or fitness for any particular purpose or use. American does not warrant that such information and American's interpretation of this information is accurate, correct or complete. Although American makes every effort to make this information accurate, and complete, our computations are based upon representative samples of transaction data, and we cannot certify the accuracy of the source data. Consequently, you understand that your use of this information is entirely at your own risk.
12. American agrees that it will:
a. Use its best efforts to make sure all data collected and available on the website is accurate, unbiased.
b. Not direct any business or contact information to any party you have instructed American not to and not sell or transfer your personal information to any third-party except where authorized by you, by your request for real estate related services.
c. Except as provided in the Privacy Statement, not through any means, electronic or otherwise, permit your property selections or interests or information to be sent, disclosed or directed to any cooperating broker or agent connected to American by employment, consultancy, equity ownership or familial or other relationship with an employee, consultant or equity owner without your consent.
e. Not collect, employ, disseminate, use any data or information, or knowingly permit advertisers or any other party using American's websites to (i) reflect a visitor or user's sex, race, age, color, national origin, familial status, handicap or religion; (ii) reflect such information about any property by owners, brokers, agents or other professionals; (iii) assist or allow others over which it has control in making distinctions on such a basis; and (iv) violate any provisions of the federal Fair Housing Act.
13. AMERICAN EXPRESSLY DISCLAIMS ANY WARRANTIES OF ITS WORK OR SERVICE INCLUDING (i) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF ANY DATA ON ITS WEBSITES; AND (ii) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14. You understand that American's website, including the layout of the website, as well as American's trademarks and copyrighted information is owned and copyrighted by American and its corporate affiliates. © American Home Realty Network, Inc. 2012, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials, other than for your personal use, is permitted without the written consent of American. Any rights not expressly granted herein are reserved. In this connection, if you are aware of any copyright infringement, notices of such should be sent to American's Designated Agent set forth below. All inquiries must be filed in accordance with Title 17, United States Code, Section 512.
15. American is a licensed real estate broker in the state of California, but does not broker real estate transactions. American does not act as a real estate agent for you or any other user.
Office of General Counsel
American Home Realty Network, Inc.
222 7th St. 2nd flr.
San Francisco, CA 94103
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