Terms and Conditions
America at Home Real Estate is owned and operated by P.P. Que and Associates LLC, a corporation registered in the State of Washington.
Services provided by America at Home on this site are covered by the following Terms and Conditions. Please make sure to read through them carefully. Before you can access or use the services provided by this site, you will need to understand and agree that you have read and understood these Terms. Once you acknowledge the Terms, you will be bound by them, without qualification or limitations.
The Terms we, us, and our reference America at Home Real Estate.
- Modification of the Terms and Conditions of Service
We retain the right to change the Terms and Conditions. Immediately after updating the Terms and Conditions, we will send notification to our brokers and customers/clients through email (if you choose to receive email updates) or by posting a link to the changes on our home page. In the event that you do not agree to any of the changes, you must stop using the services provided on this site. Any use of the service after such changes indicates that you acknowledge and agree to the changes and you will be bound by the new Terms and Conditions without qualification or limitation.
- Access and Registration for Affiliate Brokers
To our Affiliate Brokers; by maintaining a subscription with America at Home Real Estate you accept responsibility for all activities that occur under your account. You agree not to sell, transfer, or assign your account or any account rights. We reserve the right to terminate your account if people from more than one office/household access your account using any single user name or password. It is your responsibility to maintain the confidentiality of both your user name and password, as well as restricting access to your computer to ensure people outside of your office/household do not access your account using your name in whole or in part. In the event that someone accesses your account or if you believe your account was used without your authorization, immediately e-mail us at email@example.com.
You agree to pay all fees and charges incurred under your user name and password (including applicable taxes) at the rates effective at the time the charges were made. We have the right to automatically bill charges to the credit card associated with your account. All fees incurred during the registration of the broker’s subscription, will be billed when you register. All fees are nonrefundable.
- Affiliate Responsibilities
By providing your information during the registration process, you agree that the information is true, accurate, current, and complete as provided. You agree to update us at every renewal of your real estate license by sending us a current copy of your license and not to allow it to lapse as long as you are representing America at Home. You must provide us with your social security or EIN number for payment and accounting purposes. You agree to maintain and update this information so that it remains true, accurate, current, and complete at all times. Any untrue, inaccurate, not current, or incomplete information may result in your access being suspended or terminated, and we may refuse to provide any current or future Services to you. You must be over 18 years of age to form a binding contract. You are solely responsible for any and all acts or omissions that occur under your name and brokerage. This includes the accuracy and completeness of content submitted under your account to this site. You agree and acknowledge that your access to and/or use of the Services are for commercial business purposes only.
You agree that you will not use the services offered by this site for any of the following actions and activities.
- Post images or pictures from other sites
- Add links to other sites
- Use software or make changes to the code that alter the layout, design, or visual features of any of our pages
- Use your account to advertise or promote the sale of anything beyond the single property that you added to our property submission page
- Do anything that is in violation of local, state, federal, or international laws
- Use the site to harass, stalk, or cause harm to any other individual
- Collect information about other brokers or sellers on our site (or their properties) for use, unless you use that information to make an offer to buy the relevant property
- Collect and store personal data about other users
- Impersonate a person or entity
- Misrepresent your affiliation with an individual or entity
- Interfere with or disrupt service to our servers or network
- Disobey requirements, regulations, procedures, or policies of the networks that connect to ours
- Post, submit, transfer, or store the following
- Content that is considered harmful, unlawful, abusive, harassing, threatening, tortious, vulgar, libelous, defamatory, invasive, or in any other way objectionable
- Content that you have no right to transmit according to laws or contractual/fiduciary relationships
- Content that infringes on intellectual property rights of another individual or third party
- Content or material that has viruses (or any file, code, or program) that are meant to interrupt, limit, or destroy the functionality of any software, hardware, or telecommunications equipment
We do not tolerate any fraudulent listings, including listing of properties that you do not have the authority to list on behalf of a Seller client or that you do not have the right to sell. Ensuring our site is safe and that our community is secure is one of our top priorities, and we will report any and all suspicious use of the site to the Federal Bureau of Investigation. This includes using the site for scams or fraudulent or extortive purposes.
- Third Parties
We may distribute content that is provided by third parties and individuals of a service; we are not publishers. Accordingly, we cannot control or edit any content on the site from those providers. All opinions, statements, advice, services, or offers that is made available by a third party, including information provided by other users of the services, are made by the author or authors who posted it, not America at Home. We do not endorse, nor are we responsible for the reliability or accuracies of this information made on our site or utilizing the services by anyone other than the authorized spokespeople. We retain the right, but are not obligated, to review and monitor this content, content provided through use of the services, and your account to determine if the content complies with the Terms or any other operating rules, to satisfy any law, regulation, or authorized government request, or for other purposes.
You understand and acknowledge that we do not monitor or pre-screen the content or property listings for reliability or accuracy. We retain the right to remove any content from the service at our discretion without liability to you. Without limiting the foregoing, we and our designees retain the right to remove any and all content that violates the Terms or that we believe creates a liability to us, or that we consider otherwise objectionable.
- Dealings with Partners and Advertisers
Your correspondence with, participation in promotions of, or purchase of goods or services from our partner sites, advertisers, or sponsors identified through the services of our site, and any terms, conditions, warranties or representations associated with these other dealings, are solely
between you and the other entity. YOU AGREE THAT WE ARE NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF THESE DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS, OR SPONSORS ON OR THROUGH THE SERVICES OF THIS SITE.
- Multiple Listing Services
To Sellers of property advertised on this site; if you use the services to advertise property through a multiple listing service, MLS, that notifies local brokers of the fact that your house is up for sale, your agreement for such services is not through us, and we have no obligation to provide such services to you. Your agreement is with the Affiliate Broker directly under their own company name. We do not provide MLS listing services directly. You can only list your property in the MLS through a licensed real estate broker, whom we refer to as Our Affiliate Brokers. America at Home Real Estate offers a platform for other brokers around the country who offer our Bundled or A’ la Carte menu of services to consumers.
- External Links
We may provide links to other sites for your convenience. The links do not signify our endorsement of such other sites or their contents. Direct your concerns of these sites to that link’s site administrator or webmaster. WE ARE NOT LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR — USE OF SUCH INFORMATION.
We neither condone nor allow spam. Affiliate Brokers are prohibited from using this site to promote anything other than their property listings and the Affiliate’s Brokerage and personal real estate site. We reserve the right to investigate and terminate your rights if you are found to be in violation of this section.
- Use and Storage
You acknowledge and agree that we may establish general practices and limits about the use of the services, including, but not limited to, the maximum number of days that information, data, account history, or other uploaded content will be retained. It is the responsibility of each Affiliate Broker to keep the status of their listings current on the site and to delete sold or cancelled properties within 3 business days of closing.
- No Resale of Service
You agree that you will not copy, reproduce, duplicate, exploit, sell, or resell any portion of the services for any commercial purpose.
You agree that we may terminate your password, account, or access to and use of the site if you can’t comply with our terms and conditions. We may remove and discard any information you posted on or through the site, for any reason or no reason, with or without notice and effective immediately. This includes, but is not limited to, 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. We have the right to terminate your account if it is inactive for a period of two (2) months. 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. Any payables due to us for products/services or training fees must be paid immediately.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT — USE OF THE SERVICES IS AT YOUR SOLE RISK. All SERVICES PROVIDED ON THIS SITE ARE “AS IS” AND ON AN “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 OF ANY OF THE FOLLOWING:
(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, DATA, PRODUCTS, SERVICES, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
(D) DEFECTS IN THE SERVICES WILL BE CORRECTED
(E) OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND INFORMATION DOWNLOADED OR OBTAINED THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR SYSTEMS OR FOR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL AND INFORMATION. WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OR AS THE RESULT OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL P.P. QUE AND ASSOCIATES, LLC dba AMERICA AT HOME REAL ESTATE, ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, ASSIGNS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS 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), ARISING OUT OF OR IN ANY WAY RELATED TO THE FOLLOWING:
- Use or the inability to use the services
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or transactions entered into through or from the services
- Unauthorized access or alteration of your transmissions or data
- Third party statements or conduct on or through the services (including threatening, defamatory, obscene, offensive, or illegal conduct or any infringement of another’s rights, such as intellectual property rights)
- Your failure to safeguard your account, password, or access to the services
- Any content you access through the services, such as any errors or omissions in any content or your use of or reliance on any posted or emailed content transmitted through the Services
- Termination of your access to or use of the services as discussed in section 13
- The failure to store or deletion of any data, communications, or content maintained or transmitted by or through the services
- Any modification, suspension, or discontinuance of the services
- Reliance on or use of content, goods, or services available on other sites that you access through the services
- Any other matter relating to the services or the Terms.
- Exclusions and Limitations
Some jurisdictions do not allow for the exclusion of certain warranties or the limitation or for the exclusion of liability for incidental or consequential damages. Because of this, some of the above limitations and disclaimers may not apply to all of our customers. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless P.P. Que and Associates, LLC dba America at Home Real Estate, their parents, subsidiaries, affiliates, officers, directors, co-branders, other partners, employees, consultants, assigns and agents from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from any of the following
- Any information or content defined in the Terms submitted, posted, or transmitted through the services under your account
- Use of the services
- Violation of these Terms
- Violation of any rights of any other person or entity
- Any viruses or harmful or deleterious programming routines input by you to our site
- Trademarks and Copyrights
Some of the names, logos, and other materials displayed on our site constitute our trademarks, trade names, service marks, or logos (Marks), or those of other entities. You are not authorized to use any such Marks without our written permission. All Mark ownership and the goodwill associated therewith remains with us or those other entities.
The content of the services, including without limitation, text, software, music, sound, photos, graphics, video, page layout, design, and other material contained in the services. This includes information presented through the services by us or its licensors, is copyrighted by us or our Licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, including trademark and patent laws, and is owned by us or our licensors. Content may not be copied, modified, reproduced, republished, uploaded, posted, transmitted, sold, offered for sale, or redistributed without the prior written permission or the written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any content.
- MLS Disclosures to Buyers and Sellers
We receive listings from multiple sources. Information from these sources is deemed reliable but is not guaranteed. By using our site, you agree to abide by the terms and conditions set forth by each provider, as indicated in the disclaimer below each listing and within our MLS Disclosures. Further, you agree not to copy, scrape, harvest, resell, or in any way use the MLS-provided content shown on this site for any purpose other than conducting property searches for your own personal, non-commercial use, and with the intention (but not the obligation) to use our Affiliated Brokers services to submit an offer on a property listed for sale.
You hereby grant us, our successors, and assigns, a worldwide, perpetual, irrevocable, royalty-free, sub-licensable right, in any media currently known, to exercise all copyright and other intellectual property rights with respect to the content you provide to us or our Affiliate Brokers to be published on our site, on or through the services, or otherwise through the services, to use, distribute, display, reproduce, modify, and create derivative works from such material, in any and all media, in any manner, in whole or in part, without any duty to account to you. For example, we may submit your property listing information to other websites to be listed there. If we do that, it is part of the services. However, if another website rejects the listing, we are not obligated to do anything about it and you have no recourse against us. The foregoing does not apply to content contained on hyper linked pages or any other content you do not submit to us.
- Property Domains
We may offer customers the option of registering a custom domain name to showcase a property listing. If you elect to do this, you should be aware of ICANN Registrants’ Benefits and Responsibilities.
- Bulk Downloads
The content offered on our site is not intended for bulk downloads. You are expressly prohibited from downloading such content in bulk. To avoid confusion and dispel doubt, bulk downloads includes, without limitation, any ten retrieval related actions per minute from an individual IP address or otherwise associated with one user of the website. Unreasonable/excessive use may result in access being denied temporarily or permanently for a given user or IP address.
These Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. The Terms and the relationship between you and us will be governed by the laws of the State of Washington as applied to agreements made, entered into, notwithstanding your actual place of residence. All lawsuits arising out of the Terms or out of your use of the Services shall be brought in the Federal or State courts having jurisdiction in Seattle, Washington. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms to us at firstname.lastname@example.org.