EzRealtyConnect.com - Terms Of Use
EZ Realty Connect, LLC - Terms of Use
info@ezrealtyconnect.com
EZ Realty Connect offers services to you, the "User", conditioned on your agreement to adhere to the following terms of use without
modification of any kind. Your registration with EZ Realty Connect and/or use of EZ Realty Connect's services constitutes your agreement
to these terms of use. These Terms of Use are subject to change at any time, without prior notice.
Real Estate Services to Home Buyers and Sellers
EZ Realty Connect allows Users to locate and evaluate proposals from independent third party real estate professionals "members". Users
(whether a home buyer or a home seller) agree to supply EZ Realty Connect with information about themselves and the property
they want to sell or hope to buy. EZ Realty Connect will use this information within the network and to provide certain details to third
parties who are members of its real estate agent network. Users may also agree to have the information he/she has supplied to
EZ Realty Connect forwarded to real estate professionals referred by EZ Realty Connect. As EZ Realty Connect uses email, on an
almost exclusive basis, to provide EZ Realty Connect services, all EZ Realty Connect users must consent to receive Email from
EZ Realty Connect to register for EZ Realty Connect services.
To assure the value of EZ Realty Connect's services, you agree that all of the information you have provided to EZ Realty Connect,
whether on line or otherwise, is accurate and complete. EZ Realty Connect reserves its right to terminate or suspend access to any
user information that is alleged to be inaccurate or misleading. If required by the terms of the EZ Realty Connect service requested
by User, you authorize EZ Realty Connect to forward your information to its network of real estate professionals according to the
terms of the EZ Realty Connect service that you use.
EZ Realty Connect does not engage in real estate broker services. Real Estate brokerage activities are performed by local Real Estate
Professionals that have been referred to you by EZ Realty Connect. The terms of any agreement between a real estate professional
and EZ Realty Connect are not endorsed, recommended or otherwise known to or by EZ Realty Connect.
EZ Realty Connect may from time to time offer eligible Users promotional opportunities to incent use of EZ Realty Connect's services
within a particular time frame. These opportunities may include but are not limited to discounts, rebates, gift certificates, points or other
incentives that are only available to Users who use a EZ Realty Connect affiliated real estate professional to buy or sell a home.
User eligibly for a particular promotion will be defined in the terms of each promotion. Not all Users may be eligible to receive all promotional opportunities.
Modification Of EZ Realty Connect Services
EZ Realty Connect reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any
information, good, content, product or service with or without notice to any User. EZ Realty Connect shall not be liable to any User or
any third party should EZ Realty Connect exercise its right to modify or discontinue service.
Fees and Registration Requirements for Real Estate Professionals
EZ Realty Connect offers services targeted to Real Estate Professionals. To receive these services real estate professionals must
accurately complete a registration and agree to relevant payment obligations. Depending on the service chosen real estate
professionals may be required to supply a valid credit card that is available for periodic payments. Real Estate Professionals who
register for any EZ Realty Connect services acknowledge that they may need to obtain their broker or other permission to use the
EZ Realty Connect service and User expressly agrees that all such permissions have been obtained.
PAYMENT OF FEES
A. On Time Payment
Members are expected to pay all fees on time and may be required to submit an accompanying payment and/or payment authorization in
connection with Charges. Credit card transactions require an acceptable and currently working credit card number. EZ Realty Connect
may terminate or disable Users account if User fails to pay any amount due to EZ Realty Connect when due. If the credit card expires
or otherwise declines payment access to EZ Realty Connect can be modified or suspended. If payment is more than thirty (30) calendar
days past due an additional 15% of the balance, or the maximum allowable by law, whichever is less, may be assessed on the total
amount of the late payment, and the entire amount unpaid Charges or other outstanding balance (if any), plus this assessment, will
become immediately due and payable. The member shall pay all costs of collection, including legal fees, incurred by EZ Realty Connect.
The member is responsible for any premium Charges incurred in connection with the use of and/or by requesting or accessing EZ Realty
Connect information, content, goods, product or services that are provided at an extra cost. All fees
are quoted and payable in United States dollars. The member is also responsible for paying all applicable taxes for information, contents,
goods, products or services and any other costs incurred in connection with the use of or access to EZ Realty Connect including
Charges incurred on your account by the member, or anyone the member allows to use the member's account.
The “Ez Realty Connect Guarantee” THe EZRC Guarantee is offered as risk mitigation to the member. If EZRC fails to provide member with 3 valid user referrals in each subscribed (paid) ZIP Code, EZRC will grant member the following month of user referral services in subscribed ZIP Code free of charge. In cases where more than one ZIP Code is subscribed and paid for per month, EZRC will grant member user referral services free of charge for each ZIP Code where member fails to recieve 3 valid user referrals, for the following monthly subscription period (30 days).
B. Payment Methods
Users complete billing address and telephone number must be provided to process payments. EZ Realty Connect accepts major credit
cards including Visa and MasterCard.
C. Account Discrepancies
A member may always contact EZ Realty Connect customer service by e-mail or telephone concerning charges or other questions regarding
the status of an account.
Obligations of Real Estate Professionals Registered with EZ Realty Connect
By completing your registration with EZRealtyConnect.com as a Real Estate Professional, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions
within your business (if applicable) to participate in the EZ Realty Connect services;
b. All information you submit to EZ Realty Connect or pursuant to a EZ Realty Connect service is accurate and complete and that you
will maintain and promptly update such Profile, Proposal(s), Bid(s), Endorsement(s) or other Information supplied to EZ Realty Connect
or to Users to ensure accuracy at all times;
c. You are an individual person (not a company or other association);
d. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory
requirements applicable to real estate agents in the areas for which you have requested EZ Realty Connect service;
e. You agree to be contacted via Email by EZ Realty Connect, regarding EZ Realty Connect's services;
f. You will not use information obtained through EZ Realty Connect to locate, identify or directly contact a Home Seller or Home Buyer
in any manner without EZ Realty Connect or Buyer/Seller consent;
g. You will not use or attempt to use any facility provided by EZ Realty Connect wholly or partly in order to provide you with Information
concerning the commissions, fees, prices, or other terms offered by other Real Estate Agents;
h. You will not submit a Proposal for services that you I) do not offer, ii) are not permitted or licensed to offer based on applicable laws
and regulations, or iii) do not intend in good faith to contract with a Home Seller or Home Buyer to provide;
i. You will not submit a Profile or Proposal or Bid or Endorsement or refer EZ Realty Connect supplied leads to any other person;
j. You will not take any action that may undermine the integrity of any EZ Realty Connect User initialed feedback system, including,
without limitation: supplying inaccurate information to, or accessible by, any of the EZ Realty Connect services.
k. EZ Realty Connect reserves the right to terminate the participation of any Real Estate Professional whose feedback rating falls
below a minimum level set by EZ Realty Connect, at EZ Realty Connect's sole discretion;
l. You will not use any EZ Realty Connect feedback rating system for any purpose other than to facilitate promotion of information
among EZ Realty Connect Users;
Obligations of Home Buyer/Sellers Registered with EZ Realty Connect
By completing your registration with EZ Realty Connect.com as a potential Home Buyer or Home Seller, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract;
b. You are interested in purchasing/selling property or both;
c. You are interested in purchasing/selling property located in the USA;
d. You do not have an exclusive contractual or other arrangement with any Real Estate Professional;
e. You agree to be contacted via Email or other means by EZ Realty Connect regarding EZ Realty Connect services;
f. As a Home Buyer or Seller, you are not bound to accept any of the proposals submitted. Proposals are not binding offers and are
not intended to create a contractual or agency relationship between you and the real estate professional. Any endorsements posted
by a Real Estate Professional through the EZ Realty Connect Consumer Feedback Program are the sole responsibility of the
Real Estate Professionals. EZ Realty Connect disclaims any liability arising from and the accuracy of any Endorsements posted by
Real Estate Professionals. It is your responsibility to evaluate the nature of any Endorsement posted by any Real Estate Professional
and to be aware that Endorsements might not reflect the actual quality of service that you may receive from a Real Estate Professional.
TERMINATION
EZ Realty Connect reserves the right to cancel the membership of any member in any EZ Realty Connect Service at any time due to
members breach of the these terms of use, the terms and conditions of any service that user may have registered.
A member may terminate their account and subsequent lead generation service anytime for any reason by
sending an email to unsubscribe@ezrealtyconnect.com with their email
address for which the account exists under.
Copyright and Trade Mark Notices
All contents of the EZRealtyConnect.com website are Copyright © 2004 EZRealtyConnect, LLC. All rights reserved, EZ Realty
Connect is a service mark of EZRealtyConnect, LLC.
USE OF REAL ESTATE AGENT IMAGES ANF LOGOS ON USER WEBSITE.
Real estate agents who register for EZ Realty Connect services, agree that EZ Realty Connect may link or otherwise drive traffic
to that Real Estate agent's website.
DISCLAIMERS AND LIMITATIONS
EZ Realty Connect intends that the information contained in it's Web site be accurate and reliable; however, errors sometimes occurs.
In addition, EZ Realty Connect may make changes and improvements to the information provided herein at any time. THE WEB SITE
AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." EZ REALTY
CONNECT AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF EZ REALTY CONNECT'S SERVICES IS AT YOUR OWN RISK. EZ
REALTY CONNECT AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF EZ REALTY CONNECT'S
SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER
RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF EZ REALTY CONNECT AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY
As a condition of use of this Web site, you agree to indemnify EZ Realty Connect and its suppliers or real estate professionals
from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your
use of EZ Realty Connect's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.
ERRORS AND DELAYS
EZ Realty Connect is not responsible for any errors or delays in responding to a qualification form or referral form caused by an
incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of EZ Realty Connect's services, to the goods or services provided by
EZ Realty Connect, or to any acts or omissions for which you may contend EZ Realty Connect is liable, including but not limited to
any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Denver county, Colorado. The arbitration
shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at
that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in
effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to EZ Realty Connect. In any arbitration, EZ Realty
Connect will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by
the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award
rendered by the arbitrators may be entered in any court of competent jurisdiction in Colorado. The arbitrators shall not have the power to
award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award
consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not
be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of
any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN
YOU AND EZ REALTY CONNECT WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO
ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS
WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
OTHER TERMS
These Terms of Use shall be subject to and construed in accordance with the laws of the State of Colorado, excluding its conflict of laws
principles. If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the
Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. |