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   Saturday: 4th September, 2010

 TERMS OF USE

Definitions of Terms

 

"EJT Properties" means EJT Properties, the Internet real estate service operated by EJT Properties, a Delaware corporation.

 

"Agent" or "Real Estate Agent" means a real estate broker, salesperson, agent, associate broker, or similar state licensed real estate professional.

 

"Buyer" or "Home Buyer" means a person who is buying or considering purchasing a property.

 

"Seller" or "Home Seller" means a person who is selling or considering the sale of a property.

 

"Client" is a User that has completed the registration process and has agreed to these Terms of Use.

 

"Prospective Purchaser or Seller" is an individual that expressed an immediate and genuine interest in the sale or purchase of real property.

 

"User" means a person who is either a Buyer or a Seller who accesses the Website and otherwise utilizes the services of EJT Properties.

 

"Website" means the EJT Properties Internet website currently located at the URL address www.EJTProperties.com.

 

Terms of Use

 

This web site is operated by EJT Properties, and its affiliates. The following terms control your use of this web site. If you do not agree with these terms, you should not use this web site. These terms may be changed from time to time at our sole discretion.

 

 

1.     The User must be a prospective purchaser or seller of real property in the geographic areas where EJT Properties is licensed and operating with a bona fide interest in the purchase or sale of such real property.

 

2.       The User must (a) provide true, accurate, and current information; (b) Maintain and update this information and ensure that it remains true, accurate, and current. By registering, the User consents to receive personalized emails, telephone calls and/or faxes from EJT Properties.

 

3.       To register as a Client, the User must be eighteen (18) years of age or older.

 

4.       Any User that holds any type of real estate license, including, but not limited to a brokers, associate brokers or salespersons license must immediately advise EJT Properties by telephone, facsimile, email or chat before that User may access any password protected material including house listing data or other data compilations. EJT Properties reserves the right to deny or terminate access to any Real Estate Agent at its discretion.

 

5.       All home data provided is for the personal, sole and private, non-commercial use of the Client and not available for redistribution, retransmission or copying. The Client may not sell or use the website data for any purpose, other than the purpose of attempting to evaluate houses or properties for sale or purchase. User acknowledges that the individual multiple listing service (MLS), which supplies the listing data, owns such data and User acknowledges the validity of the MLS's copyright to such data.

 

6.       The Client must provide their own access to the World Wide Web ("www") and pay any fees associated with such access.

 

7.       We are not responsible for links to third party web sites.  Links to third party web sites (linked sites) are provided for you information and convenience. We do not control and are not responsible for the contents of any linked site. The appearance of linked sites does not mean we endorse, sponsor or authorize the linked sites, or their respective owners and operators. Unless specifically stated, we are not affiliated with the owners and operators, of linked sites. Linked sites have their own terms and conditions, and your use of such sites is governed by those terms and conditions and not by terms appearing on this web site.

 

8.       Client represents and warrants that he/she has not signed any agreement with a real estate agent or agency that would prevent the client from using EJT Properties as his or her sole and exclusive agent. Client does not have a contract or agreement with another real estate agent or agency such as a listing agreement or a buyer broker agreement.

 

9.       Client agrees to limit their online search to houses or properties within their anticipated purchase ability or price range and to the properties that meet their other criteria.

 

10.   Client agrees that he or she will not contact the owner/seller of any property from information gained through the website. The Client will not attempt to enter the property or speak with an owner/seller without an appointment set by EJT Properties.

 

11.   Client agrees to abide by all copyright restrictions placed on the content of the EJT Properties site including, but not limited to, any material or data compilations where EJT Properties or others hold the copyright. You may print a copy of the information on this web site for your personal use only. You may not reproduce, distribute or substantially copy the information from this site, or link to this web site without our prior written permission. You are not permitted to post on or transmit to or from this web site any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material, or other content that could give rise to civil or criminal liability under the law

 

12.   This web site does not grant you any rights to use our trademarks, service marks or trade names. The content on this site is protected by copyrights, trademarks and service marks, other intellectual property laws, and other laws and regulations. EJT Properties and one or more of its affiliates are the copyright owners of all text contained on this web site. The trademarks and service marks on this web site are the property of EJT Properties or one or more of its affiliates, or third parties who have granted us permission to include their trademarks and service marks on the web site.

 

13.   The Client agrees that Broker may also represent other prospective buyers seeking to purchase properties that may meet Client's criteria.

 

14.   To the fullest extent permitted by law, the service and web site content is provided on an "as is? basis, without warranty or representation of any kind, either express or implied, as to (1) the operation of the Website, (2) the information, data, services, or products provided through or in connection with this service or (3) the ability, quality or reliability of any third party service provider accessed through or in conjunction with the use of this service, and (4) the results that you will obtain from using the content on this website.  The content on this website is provided solely for your information and convenience.

 

15.   EJT Properties disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortuous behavior, negligence or any other cause of action.

 

16.   Client authorizes EJT Properties to review and provide copies of various documents in the transaction to the Client. This includes, but is not limited to home inspection reports and closing papers.

 

17.   Neither EJT Properties nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to Client, User or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this service or inability to gain access to or use this service or out of any breach of any warranty, even if EJT Properties has been advised of the possibility of such damages;

 

 

18.   Some states do not allow the exclusion or limitation of liability for damages. Therefore, the above limitations may not apply to you. In such states, the respective liability of EJT Properties, its officers, directors, investors, employees, contractors, agents, successors, assigns and affiliates is limited to the greatest extent permitted by such states' laws;

 

19.   Client agrees to immediately notify EJT Properties in the event that the Client enters into agreement with another broker.

 

20.   EJT Properties reserves the right to terminate User and/or Client access to the Website and/or cease doing business with any person who uses profanity, obscenity, vulgarity or offensive, threatening, unlawful, harmful, harassing, tortuous, defamatory, libelous, invasive, hateful, abusive or otherwise objectionable language, behavior or conduct in any manner towards any EJT Properties employee, agent, contractor or customer, on the Website, in emails, in telephone conversations or messages, in writing, or in person. Additionally, EJT Properties reserves the right to refuse to do business with any person in EJT Properties? discretion, consistent with local, state and federal fair housing and other laws.

 

21.   By agreeing to these Terms of Use, Client acknowledges entering into a lawful consumer-broker relationship as may be defined under state law.

 

22.   By agreeing to these Terms of Use, User acknowledges that they have read the EJT Properties Privacy Policy and agree with its terms.

 

These terms shall be governed by the laws of New York State and the United States of America.  If any provision of these terms in unenforceable, it shall not affect the validity or enforceability of the remaining terms.  The terms are for the benefit of EJT Properties, its affiliates, and any third party who has agreed to have its content posted on this website.


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