This Terms of Use Agreement (“Agreement”) is between Entera Realty LLC (“Broker”), Entera Technology LLC (“TechCo”) and You. You are referred to in this Agreement as “You”,” Your”,” I”, or “Me.” Subject to your acceptance, without modification, of the terms, conditions and notices contained in this Agreement, You are authorized to become a Registered User of Broker’s Virtual Office Website (Broker VOW), and to create an VOW Account for Your use as a principal buyer by completing the Account registration process. You agree that You shall be deemed to be a client of Broker with whom you may collaborate. A licensed real estate sales agent or non-principal broker (“Agent”) may be assigned to assist You upon Your request. You and Broker or Agent may collaborate in the delivery of brokerage services to You through Your Account. Your Account is an online application that provides You with access to Multiple Listing Service (MLS) listing information, and other real estate services, content and functionality to assist You in the purchase, lease or sale of residential real estate. By clicking the checkbox following the statement “I agree to the Terms of Use Agreement”, You acknowledge that You have read, understand, agree to be bound by this Agreement, and in consideration as stated herein for access to and use of the services available to You at Your Account, You make the following agreements, representations and warranties:
- I represent and warrant that I am over the age of majority, legally competent to make this Agreement, and have a bona fide interest in the purchase, sale or lease of residential real estate of the type accessible to Me through my Account. I represent and warrant that I will use my Account only for lawful purposes and will not use my Account to engage in any conduct that is unlawful or prohibited by this Agreement.
- I understand and agree that to access and use the functionality of my Account, I must register as a user of Broker VOW. I agree to provide true, accurate and complete information about myself, as prompted by the online Account registration process, including my or my business’ name and valid email address. In addition, I agree to update my registration information as necessary to maintain its accuracy. I further understand and agree that Broker or Agent may require Me to change my Account password from time to time for security purposes.
- I understand and agree that my Account and Broker VOW may include information, tips, facts, views and opinions that Broker or Agent deem worthy of publication. ALL SUCH MATERIAL IS FOR INFORMATION PURPOSES ONLY AND IS NOT PROFESSIONAL ADVICE UPON WHICH I OR ANY THIRD PARTY SHOULD RELY IN MAKING ANY DECISION CONCERNING THE ACQUISITION OR SALE OF REAL PROPERTY, OR ANY PERSONAL, LEGAL, BUSINESS, FINANCIAL, OR OTHER DECISIONS.
I acknowledge that, by accepting this Agreement, I undertake that a lawful brokerage representation agreement has been entered into between Broker and I , and I understand and agree that any real estate brokerage services rendered to Me by reason of my use of the functionality available to Me at my Account are being rendered to Me solely by Broker or Agent, or individuals licensed as real estate brokers or agents who are affiliated with Broker, and not by any other party, whether or not the names or logos of such parties may appear on my Account. - I understand and agree that my activity on my Broker Account may be viewed by Broker or Agent, including, without limitation, when I access my Account, what I viewed while using my Account, any information that I post, submit or transmit using my Account (collectively “Account Activity”). Broker or Agent may reassign responsibility for collaborating with Me through my Broker Account to Broker directly, or to another real estate licensee affiliated with Broker, without prior notice to Me or my consent. Subject to the Privacy Policy applicable to this site, Broker or Agent may send Me electronic correspondence, including, without limitation, marketing information and information relating to my Account.
- Subject to My ability to unsubscribe/opt out in accordance with Broker’s Privacy Policy, I hereby grant to Broker and any Agent my express written consent to engage in unsolicited communications with Me for a period of 12 months from the last day I access my Account. Such unsolicited communications may take place by email at the email address and phone number at the phone number I used for registration or at any alternative email address or phone number that I may provide in the future.
- I understand that Broker or Agent may limit the number of properties displayed to Me in response to my search requests based upon a determination of the reasonable number of properties appropriate to be displayed in response to a single search request, given existing market conditions, technology limitations, total number of matching listings in the MLS database compilation, and other "reasonable use" restrictions deemed appropriate by Broker or Agent, which total number may vary from market to market and from time to time. I further understand and agree that Broker or Agent may limit information about properties displayed to Me at my Account and that the information about real properties for sale or rent originates from real estate Multiple Listing Services (MLSs) in which Broker and Agent participate or subscribe.
- I agree that, as between Broker and Agent and myself, any electronic or printed real estate listing data, or other content derived from my Account or Broker VOW, including any trademarks or service marks of Broker or Agent, or third party advertisers or service providers ("Site Materials" or “Content”), constitutes the copyrighted and proprietary property of Broker, Agent, or third parties from whom Broker or Agent has secured permission to display such Site Materials. I acknowledge and agree that the MLS that supplies the real estate data and images displayed to Me at my Account or Broker’s VOW, owns all copyrights in and to such data and images and the MLS’ database compilation, and that I will not contest the validity of such copyright or ownership claims, nor assist others in doing so.
- I acknowledge that Broker has granted to Me only for as long as this Agreement is in effect a limited, non-assignable, and non-exclusive license to use my Account and the Site Materials solely in conjunction with my bona fide potential purchase or sale of real estate of the type available through my Account. I will not copy, re-distribute, re-transmit, commercialize, sell, license, re-license, sub-license, or otherwise make the Site Materials available to any third party, use such Site Materials in any manner that competes with the business of Broker or any Agent, or the MLS that supplies the real estate data and images accessible to Me at my Account or Broker’s VOW, nor will I assist others in doing so.
- I will use my best efforts to cooperate with Broker and any Agent on reasonable terms in the event either Broker or Agent deem it necessary to seek to enjoin or otherwise prohibit the unauthorized use of my Account or the Site Materials displayed thereon by a third party.
- Any materials or content that I submit or contribute to my Account or Broker VOW, or transmit to Broker or Agent, including feedback, comments, and suggestions for improvement to the content or functionality of my Account or Broker VOW (“Submissions”) shall be deemed “Customer Content” as defined in the Master Service Agreement entered into between You, Broker, and Entera Technology LLC (the “MSA”). The rights and obligations with respect to Customer Content shall be governed by the MSA. I represent and warrant that any Submissions made by Me do not infringe upon the intellectual property rights of any third party. I understand and agree that Broker and any Agent do not assume any responsibility or liability for any material or content that I submit to or through my Account or Broker VOW, or directly to Broker or any Agent. I understand that I am not entitled to any compensation for the use of my Submissions as licensed above.
- I understand that I may not post to my Account or transmit to Broker or any Agent, any “Prohibited Submissions”, which shall include, but are not limited to, Submissions that are deemed by Broker in its sole discretion to be patently offensive, or promote racism, bigotry, hatred or physical harm of any kind against any group, individual, or property; harass or advocate harassment of another person; exploit people in a sexual or violent manner; contain violence or offensive subject matter or contain a link to an adult website; solicit personal information from anyone under the age of eighteen (18); promote or disseminate information that I know is false or misleading or promote illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous; promote or disseminate an illegal or unauthorized copy of another person’s copyrighted work; involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; further or promote any criminal activity or enterprise or provide instructional information about illegal activities, violating someone’s privacy, or providing or creating computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or include a photograph of another person that is posted without that person’s consent. Broker reserves the right in his, her, or its sole discretion to investigate and take appropriate legal action against anyone who Broker has reason to believe has violated this provision, including without limitation, removing the offending Submissions from any Accounts, or other websites hosted or maintained by Broker on which they appear, and terminating the Accounts of such persons.
BROKER AND ANY AGENT DO NOT ASSUME ANY RESPONSIBILITY FOR, AND EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY FOR ANY OF YOUR SUBMISSIONS. BROKER AN ANY AGENT DO NOT ASSUME ANY RESPONSIBILITY FOR MONITORING SUBMISSIONS AND, IF AT ANY TIME BROKER CHOOSES, IN HIS, HER OR ITS SOLE DISCRETION, TO MONITOR SUBMISSIONS, BROKER AND ANY AGENT NONETHELESS DOES NOT ASSUME ANY RESPONSIBILITY FOR THE SUBMISSIONS, ANY OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE, INACCURATE OR PROHIBITED SUBMISSION, OR ANY RESPONSIBILITY FOR YOUR OR ANY OTHER ACCOUNT HOLDER’S CONDUCT IN SUBMITTING ANY SUBMISSION. FURTHERMORE, BROKER DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING YOUR ABILITY TO RELY UPON ANY SUBMISSIONS SUBMITTED BY OTHER ACCOUNT HOLDERS OR OTHERS, OR ANY SUBMISSIONS THAT YOU TRANSMIT TO OTHER ACCOUNT HOLDERS OR OTHER PERSONS. - BROKER AND ANY AGENT USE GOOD FAITH EFFORTS TO PROVIDE ACCURATE, COMPLETE, AND CURRENT INFORMATION ON YOUR ACCOUNT AND BROKER VOW, BUT I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO VERIFY ANY INFORMATION PROVIDED ON OR THROUGH MY ACCOUNT OR BROKER VOW. NEITHER BROKER OR ANY AGENT GUARANTIES OR WARRANTS THAT THE CONTENT ON ANY ACCOUNT OR BROKER VOW IS ACCURATE, COMPLETE, TIMELY, OR FREE OF TECHNICAL OR TYPOGRAPHICAL ERRORS. I EXPRESSLY ACKNOWLEDGE AND AGREE THAT MY USE OF THE CONTENT DISPLAYED ON MY ACCOUNT OR BROKER VOW IS AT MY SOLE RISK. BROKER PROVIDES THE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. BROKER AND ANY AGENT EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING MY ACCOUNT OR ANY OTHER ACCOUNT, WEBSITE OR PROPERTY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BROKER AND ANY AGENT DO NOT MAKE ANY WARRANTY THAT THE CONTENT AVAILABLE TO ME ON MY ACCOUNT, BROKER VOW OR ANY OTHER ACCOUNT OR PROPERTY WILL MEET MY REQUIREMENTS, OR THAT ACCESS TO MY ACCOUNT OR BROKER VOW AND THE CONTENT THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. NOR DO BROKER OR ANY AGENT MAKE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH MY ACCOUNT, OR ANY OTHER ACCOUNT, BROKER VOW OR PROPERTY, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY CONTENT ON, OR ACCESSIBLE THROUGH, SUCH ACCOUNTS, WEBSITES OR PROPERTIES. BROKER AND ANY AGENT DO NOT MAKE ANY WARRANTIES REGARDING ANY INFORMATION OBTAINED BY YOU, OR ANYONE ACTING ON YOUR BEHALF, FROM ANY HYPERLINKED THIRD PARTY SITE.
- I AGREE THAT NEITHER BROKER , ANY AGENT. NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT OR FUNCTIONALITY ACCESSIBLE TO ME ON MY ACCOUNT, OR BROKER VOW SHALL BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, ARISING OUT OF MY ACCESS TO, USE OF, OR INABILITY TO USE, MY ACCOUNT, BROKER VOW, ANY OTHER BROKER ACCOUNT, ANY PRODUCTS, SERVICES, OR CONTENT OFFERED OR PROVIDED ON MY ACCOUNT, BROKER VOW, ANY OTHER HYPERLINKED WEBSITE, OR FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR FUNCTIONALITY THEREOF, FOR ANY PERSON’S RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED ON OR THROUGH MY ACCOUNT OR BROKER VOW, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT, OR COMPLETE, OR FOR THE CONSEQUENCES OF ANY ACTION I OR ANY OTHER PERSON MAY TAKE OR FAIL TO TAKE BASED ON CONTENT PROVIDED BY OR AS A RESULT OF THE USE OF MY ACCOUNT OR BROKER VOW. I SPECIFICALLY AGREE THAT BROKER ANY AGENT ARE NOT LIABLE FOR ANY CONDUCT BY ME ASSOCIATED WITH MY ACCOUNT OR BROKER VOW. NEITHER BROKER OR ANY AGENT IS RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON MY ACCOUNT OR BROKER VOW, INCLUDING ANY INJURY OR DAMAGE TO MY, OR ANY OTHER PERSON’S, COMPUTER THAT RELATES TO OR RESULTS FROM USE OF MY ACCOUNT, BROKER VOW OR ANY OTHER ACCOUNT. IN NO EVENT SHALL BROKER OR ANY AGENT OR BROKER’S OFFICERS, DIRECTORS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, VENDORS, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE MY ACCOUNT OR BROKER VOW, OR FROM ANY INFORMATION, PRODUCTS OR SERVICES PURCHASED, OBTAINED, OR ACCESSED FROM MY ACCOUNT OR BROKER VOW, OR FROM ANY MESSAGES RECEIVED OR TRANSMITTED FROM OR THROUGH MY ACCOUNT OR BROKER VOW, OR TRANSACTIONS ENTERED INTO THROUGH MY ACCOUNT OR BROKER VOW OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BROKER, OR ANY AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I UNDERSTAND SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO ME.
- I agree to defend, indemnify, and hold harmless Broker and any of Broker’s affiliates, officers, subsidiaries, parents, partners, directors, employees, agents or independent contractors from any damages, judgments, costs, and expenses, including attorneys’ fees and litigation costs and expenses at trial or on appeal, arising from any claim by a third party based upon use of my Account, my use of Broker VOW or any Submissions I transmit to my Account or Broker VOW, or to any Agent, or any other Account holder, or based on any breach by Me of My duties, obligations, representations or warranties set forth in this Agreement..
- I agree that the unauthorized use of my Account, or the Site Materials will cause injury to Broker, or one or more of his, her or its affiliates, agents, or independent contractors, that cannot adequately be remedied by money damages, and that Broker and Broker’s respective affiliates, or any one of them may seek preliminary or permanent injunctive relief to enjoin the unauthorized use of my Account or the Site Materials, which injunctive relief shall be in addition to any other remedies available to such parties at law or equity. If any such suit for injunctive relief is brought against Me, I waive any obligation of the plaintiff to prove that the plaintiff does not have an adequate remedy at law, or that plaintiff’s injuries are irreparable. If such party is successful in securing a preliminary injunction order against Me, I waive any obligation of such party to post a security bond in conjunction therewith.
- I UNDERSTAND THAT BROKER HAS ENTERED INTO A BROKERAGE RELATIONSHIP WITH ME BY GRANTING ME ACCESS TO, AND LIMITED USE OF, THE SITE MATERIALS AVAILABLE ON MY BROKER ACCOUNT. SOLELY BY REASON OF ACCEPTING THIS TERMS OF USE AGREEMENT, BROKER DOES NOT ASSUME ANY FIDUCIARY TO ME NOR DO I ASSUME ANY FINANCIAL OBLIGATION TO BROKER. ANY FORM OF FIDUCIARY OR REPRESENTATION RELATIONSHIP BETWEEN BROKER, AGENT AND ME, INCLUDING ANY OBLIGATION BY ME TO COMPENSATE BROKER FOR ITS BROKERAGE OR OTHER SERVICES, INCLUDING USE OF MY VOW ACCOUNT, SHALL BE SET FORTH IN A SEPARATE BROKERAGE SERVICES AGREEMENT ENTERED INTO BETWEEN ME AND BROKER.
- I agree that Broker and any Agent shall not be liable to Me or to any third party for any modification, suspension, or discontinuance of my Account, Broker VOW, or any other Account, or any parts thereof. Upon termination of this Agreement or my Account, neither Broker and any Agent shall have any further obligation to Me, including any duty to return or destroy any information I may have supplied to them during the term of this Agreement.
- I understand that I am responsible for controlling access to, and use of, my user name and password that must be entered to provide Me with access to my Account. ALL INFORMATION OR ACTIONS TRANSMITTED BY, SUBMITTED BY, OR RECEIVED FROM ANYONE USING MY USER NAME AND PASSWORD ON MY ACCOUNT WILL BE BINDING ON ME, WHETHER OR NOT SUCH INFORMATION OR ACTION IS DELIVERED, TRANSMITTED, SUBMITTED OR TAKEN WITH MY ACTUAL KNOWLEDGE. If I have reason to believe that an unauthorized person may have gained access to my Account through my user name or password, I agree to contact Broker immediately for the purpose of disabling access to my Account.
- In the event that any provision of this Agreement is, becomes, or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision.
- The failure of Broker at any time or times to require performance of any provision hereof shall in not in any manner affect the right of Broker at a later time to enforce the same.
- I acknowledge that the Broker’s or any Agent’s use of any information I supply through my Broker Account is subject to the Broker’s Privacy Policy accessible on my Broker Account.The failure of Broker at any time or times to require performance of any provision hereof shall in not in any manner affect the right of Broker at a later time to enforce the same.
- This Agreement may not be assigned by Me by contract, operation of law, or otherwise, and any attempted assignment in contravention of this Section 22 shall be null and void and not have any legal force or effect. I understand and agree that Broker may assign this Agreement, or otherwise transfer their rights and obligations under this Agreement at any time without my consent or notice to Me.
- I acknowledge that the Content contained on my Account is controlled in and originates from the United States. Broker does not make any representation that any of the Content is appropriate or available for use in other locations. Broker does not have any responsibility for any access to my Account or Broker VOW from territories where the Content may be illegal or otherwise prohibited. If I choose to access my Account or Broker VOW from other locations, I do so at my own risk and am responsible for compliance with applicable local laws. I agree that any claim relating to the enforcement or interpretation of this Agreement, the use of my Account or Broker VOW, or the functionality or Content available on my Broker Account or the Broker Website, or any of the Site Materials, shall be governed by the internal substantive laws of the State of Texas, without regard to its conflicts of laws rules. I agree that any action or petition to enforce or interpret this Agreement shall be brought in the state or federal courts located in Harris County, Texas, and I expressly waive any objection to the personal jurisdiction of such courts. If Broker prevails in any petition filed against Me to interpret or enforce this Agreement, I agree that the Court shall enter an award on behalf of Broker for Broker’s reasonable attorney's fees, costs, and litigation expenses associated with the prosecution of such suit, or the appeal of any judgment or award rendered on behalf of Broker.
- I agree that Broker may amend or modify this Agreement at any time without notice to Me or my consent, and make such amended versions of this Agreement accessible at my Account. My use of my Account after Broker has amended or modified this Agreement shall be deemed my acceptance of such amendments or modifications. If I do not want to be bound by an amendment or modification of this Agreement, my sole remedy is to terminate this Agreement by notice to Broker as provided at my Account, and to refrain immediately from using my Account upon transmittal of such notice.
This Agreement was last updated: Sept 9, 2021.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
