- 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 on my NuHabitat Account. I represent and warrant that I will use my NuHabitat Account only for lawful purposes and will not use my NuHabitat 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 NuHabitat Account, I must register as a user of the site. I agree to provide true, accurate and complete information about myself, as prompted by the online Account registration process, including my 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, Agent, or NuHabitat may require Me to change my account password from time to time for security purposes.
- I understand that Broker, Agent, or NuHabitat may discontinue or change my NuHabitat Account at any time without notice to Me. I further understand that Broker, Agent or NuHabitat do not make any commitment to update the information and content on my NuHabitat Account or the NuHabitat website.
- I acknowledge and agree that my NuHabitat Account may contain advertisements and hyperlinks to third party websites that are not under the control of Broker, Agent or NuHabitat, and that neither Broker, Agent nor NuHabitat is responsible for any content in any advertisement or hyperlink on my NuHabitat Account or the NuHabitat website or for any content in any hyperlinked website. I acknowledge that if I access a third party website from my NuHabitat Account or the NuHabitat website, I do so at my own risk. I understand that a hyperlink to a third party website does not imply that Broker, Agent or NuHabitat endorses the content on, or the business of, the hyperlinked website. I understand that I am solely responsible for determining the integrity and reliability of the information in any advertisement or hyperlink on my NuHabitat Account or the NuHabitat website, as well as the information on the hyperlinked website. I understand that my dealings with or participation in promotions of advertisers found on my NuHabitat Account or the NuHabitat website, including payment for and delivery of goods and services, and any other terms (such as warranties) are solely between Me and such advertisers. I agree that neither Broker, Agent nor NuHabitat shall be responsible for any loss or damage of any sort relating to my dealings with such third parties.
- I understand and agree that my NuHabitat Account and the NuHabitat website may include information, tips, facts, views and opinions that Broker, Agent or NuHabitat 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 ACQUISITON OR SALE OF REAL PROPERTY, OR ANY PERSONAL, LEGAL, BUSINESS, FINANCIAL, OR OTHER DECISIONS.
- I understand that use of my NuHabitat Account does NOT impose a financial obligation on Me or create any representation agreement between Me and the Agent or Broker with whom I am collaborating through my NuHabitat Account. I acknowledge that by accepting this Agreement, I am entering into a lawful customer/broker relationship with Broker, or with Broker through Agent, 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 NuHabitat Account are being rendered to Me solely by Broker, 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 NuHabitat Account.
- I understand that Broker, Agent or NuHabitat 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, Agent, or NuHabitat, which total number may vary from market to market and from time to time. I further understand and agree that the Broker, Agent or NuHabitat may limit information about properties displayed to Me at my NuHabitat Account and that the information about real properties for sale or rent originates from real estate Multiple Listing Services (MLSs) in which NuHabitat, or the Broker and Agent participate or subscribe.
- I agree that, as between Broker, Agent, NuHabitat and myself, any electronic or printed real estate listing data, or other content derived from my NuHabitat Account or the NuHabitat website, including any trademarks or service marks of Broker, Agent, NuHabitat or third party advertisers or service providers (“Site Materials” or “Content”), constitutes the copyrighted and proprietary property of Broker, Agent, NuHabitat, or third parties from whom Broker, Agent or NuHabitat 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 NuHabitat Account or the NuHabitat website, 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, Agent and NuHabitat have granted to Me only for as long as this Agreement is in effect a limited, non-assignable, and non-exclusive license to use my NuHabitat Account and the Site Materials solely for my personal and non-commercial use in conjunction with my bona fide potential purchase or sale of real estate of the type available through my NuHabitat 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 NuHabitat, Broker, Agent, or the MLS that supplies the real estate data and images accessible to Me at my NuHabitat Account or the NuHabitat website, nor will I assist others in doing so; provided that I may share information about individual properties that I may wish to purchase or rent with my spouse, children, other family members, loan officer, accountant, attorney or tax advisor.
- I will use my best efforts to cooperate with Broker, Agent and NuHabitat on reasonable terms in the event either Broker, Agent or NuHabitat deem it necessary to seek to enjoin or otherwise prohibit the unauthorized use of my NuHabitat Account or the Site Materials displayed thereon by a third party.
- I hereby grant Broker, Agent, and NuHabitat a non-exclusive, royalty-free, perpetual, world wide license to copy, distribute, re-license, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat any materials or content that I submit or contribute to my NuHabitat Account or the NuHabitat website, or transmit to Broker, Agent or NuHabitat, including feedback, comments, and suggestions for improvement to the content or functionality of my NuHabitat Account or the NuHabitat website (“Submissions”), and to use my name in connection with my Submissions in their discretion, provided that I may revoke my permission to use my name in connection with my Submissions by written notice to NuHabitat. Broker, Agent, or NuHabitat are not obligated to publish or use any of my Submissions, and may remove such Submissions from display on my NuHabitat Account, or on any other web site at any time without notice to Me, and without my consent. 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, Agent, and NuHabitat do not assume any responsibility or liability for any material or content that I submit to or through my NuHabitat Account or the NuHabitat website, or directly to Agent, Broker or NuHabitat. I understand that no compensation shall be paid or owed to Me with respect to the use of my Submissions as licensed above.
I understand that I may not post to my NuHabitat Account or transmit to Broker, Agent or NuHabitat any “Prohibited Submissions”, which shall include, but are not limited to, Submissions that are deemed by NuHabitat 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. Agent, Broker and NuHabitat reserve the right, in their sole discretion, to investigate and take appropriate legal action against anyone who any of them have reason to believe has violated this provision, including without limitation, removing the offending Submissions from any NuHabitat Accounts, or other websites hosted or maintained by NuHabitat on which they appear, and terminating the NuHabitat Accounts of such persons.
AGENT, BROKER, AND NUHABITAT DO NOT ASSUME ANY RESPONSIBILITY FOR, AND EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY FOR ANY OF YOUR SUBMISSIONS. AGENT, BROKER, AND NUHABITAT DO NOT ASSUME ANY RESPONSIBILITY FOR MONITORING SUBMISSIONS AND, IF AT ANY TIME AGENT, BROKER, OR NUHABITAT CHOOSES, IN ITS SOLE DISCRETION, TO MONITOR SUBMISSIONS, SUCH PARTIES NONETHELESS DO 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 NUHABITAT ACCOUNT HOLDER’S CONDUCT IN SUBMITTING ANY SUBMISSION. FURTHERMORE, AGENT, BROKER, AND NUHABITAT DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, CONCERNING YOUR ABILITY TO RELY UPON ANY SUBMISSIONS SUBMITTED BY OTHER NUHABITAT ACCOUNT HOLDERS OR OTHERS, OR ANY SUBMISSIONS THAT YOU TRANSMIT TO OTHER NUHABITAT ACCOUNT HOLDERS OR OTHERS.
- BROKER, Agent and NuHabitat use GOOD FAITH efforts to provide accurate, complete, and current information on YOUR NUHABITAT ACCOUNT AND THE NUHABITAT WEBSITE, BUT I UNDERSTAND THAT it is MY responsibility to verify any information provided ON OR THROUGH MY NUHABITAT ACCOUNT OR THE NUHABITAT WEBSITE. neither BROKER, Agent nor NuHabitat guarantIes or warrants that the content ON ANY NUHABITAT ACCOUNT OR THE NUHABITAT WEBSITE 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 NUHABITAT ACCOUNT OR THE NUHABITAT WEBSITE IS AT MY SOLE RISK. NUHABITAT PROVIDES THE CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. BROKER, AGENT AND NUHABITAT EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CONCERNING MY NUHABITAT ACCOUNT OR ANY OTHER NUHABITAT ACCOUNT, WEBSITE OR PROPERTY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BROKER, AGENT AND NUHABITAT DO NOT MAKE ANY WARRANTY THAT THE CONTENT AVAILABLE TO ME ON MY NUHABITAT ACCOUNT, THE NUHABITAT WEBSITE OR ANY OTHER NUHABITAT ACCOUNT OR PROPERTY WILL MEET MY REQUIREMENTS, OR THAT ACCESS TO MY NUHABITAT ACCOUNT OR THE NUHABITAT WEBSITE AND THE CONTENT THEREON WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. NOR DO BROKER, AGENT, OR NUHABITAT MAKE ANY WARRANTY ABOUT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH MY NUHABITAT ACCOUNT, OR ANY OTHER NUHABITAT ACCOUNT, THE NUHABITAT WEBSITE OR PROPERTY, OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT ON, OR ACCESSIBLE THROUGH, SUCH NUHABITAT ACCOUNTS, WEBSITES OR PROPERTIES. AGENT, BROKER AND NUHABITAT 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, AGENT OR NUHABITAT, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT OR FUNCTIONALITY ACCESSIBLE TO ME ON MY NUHABITAT ACCOUNT, OR THE NUHABITAT WEBSITE 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 NUHABITAT ACCOUNT, THE NUHABITAT WEBSITE, ANY OTHER NUHABITAT ACCOUNT, ANY PRODUCTS, SERVICES, OR CONTENT OFFERED OR PROVIDED ON MY NUHABITAT ACCOUNT, THE NUHABITAT WEBSITE, 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 NUHABITAT ACCOUNT OR THE NUHABITAT WEBSITE, 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 NUHABITAT ACCOUNT OR THE NUHABITAT WEBSITE. I SPECIFICALLY AGREE THAT BROKER, AGENT, AND NUHABITAT ARE NOT LIABLE FOR ANY CONDUCT BY ME ASSOCIATED WITH MY NUHABITAT ACCOUNT OR THE NUHABITAT WEBSITE. NEITHER BROKER, AGENT NOR NUHABITAT 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 NUHABITAT ACCOUNT OR THE NUHABITAT WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO MY, OR ANY OTHER PERSON’S, COMPUTER THAT RELATES TO OR RESULTS FROM USE OF MY NUHABITAT ACCOUNT, THE NUHABITAT WEBSITE OR ANY OTHER NUHABITAT ACCOUNT. IN NO EVENT SHALL BROKER, AGENT OR NUHABITAT, THEIR OFFICERS, DIRECTORS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, VENDORS, INDEPENDENT CONTRATORS, 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 NUHABITAT ACCOUNT OR THE NUHABITAT WEBSITE, OR FROM ANY INFORMATION, PRODUCTS OR SERVICES PURCHASED, OBTAINED, OR ACCESSED FROM MY NUHABITAT ACCOUNT OR THE NUHABITAT WEBSITE, OR FROM ANY MESSAGES RECEIVED OR TRANSMITTED FROM OR THROUGH MY NUHABITAT ACCOUNT OR NUHABITAT WEBSITE, OR TRANSACTIONS ENTERED INTO THROUGH MY NUHABITAT ACCOUNT OR THE NUHABITAT WEBSITE 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, AGENT OR NUHABITAT 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, Agent and NuHabitat and any of their 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 NuHabitat Account, my use of the NuHabitat Website or any Submissions I transmit to my NuHabitat Account or the NuHabitat Website, or to Agent, Broker, NuHabitat or any other NuHabitat 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 NuHabitat Account, or the Site Materials will cause injury to Broker, Agent, NuHabitat or one or more of their affiliates or independent contractors, that cannot adequately be remedied by money damages, and that Broker, Agent, NuHabitat, their respective affiliates, or any one of them may seek preliminary or permanent injunctive relief to enjoin the unauthorized use of my NuHabitat 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 THIS AGREEMENT DOES NOT IMPOSE A FINANCIAL OBLIGATION ON ME. I UNDERSTAND THAT NEITHER BROKER NOR AGENT HAVE ENTERED INTO ANY FORM OF FIDUCIARY OR BROKERAGE RELATIONSHIP WITH ME SOLELY BY GRANTING ME ACCESS TO, AND LIMITED USE OF, THE SITE MATERIALS AVAILABLE ON MY NUHABITAT ACCOUNT. ANY FORM OF FIDUCIARY OR BROKERAGE RELATIONSHIP BETWEEN BROKER, AGENT AND ME SHALL NOT EXIST UNLESS AND UNTIL THE AGENT SHOWS ME PROPERTY AVAILABLE FOR SALE OR LEASE, OR I REQUEST THE AGENT TO ASSIST ME IN PROCURING A REAL ESTATE SALES OR LEASE CONTRACT ON TERMS ACCEPTABLE TO ME.
- I understand and agree that Broker, Agent, or NuHabitat, in their sole discretion, may terminate this Agreement, my NuHabitat Account, and any corresponding subscriptions, delete any content stored in my NuHabitat Account, direct Me to cease using my NuHabitat Account, and discontinue or restrict my access to my NuHabitat Account, or the Account of any other NuHabitat Account holders, all without notice to Me and for any reason. I agree that Broker, Agent, and NuHabitat shall not be liable to Me or to any third party for any modification, suspension, or discontinuance of my NuHabitat Account, the NuHabitat Website, or any other NuHabitat Account, or any parts thereof. Upon termination of this Agreement or my NuHabitat Account, neither Broker, Agent nor NuHabitat 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 NuHabitat Account. ALL INFORMATION OR ACTIONS TRANSMITTED BY, SUBMITTED BY, OR RECEIVED FROM ANYONE USING MY USER NAME AND PASSWORD ON MY NUHABITAT 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 NuHabitat Account through my user name or password, I agree to contact NuHabitat immediately for the purpose of disabling access to my NuHabitat 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, Agent or NuHabitat at any time or times to require performance of any provision hereof shall in not in any manner affect the right of Broker, Agent, NuHabitat at a later time to enforce the same.
privacyon my NuHabitat Account.
- This Agreement may not be assigned by Me by contract, operation of law, or otherwise, and any attempted assignment in contravention of this Section 24 shall be null and void and not have any legal force or effect. I understand and agree that Broker, Agent or NuHabitat 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 NuHabitat Account is controlled in and originates from the United States. Broker, Agent, or NuHabitat do not make any representation that any of the Content is appropriate or available for use in other locations. Broker, Agent and NuHabitat do not have any responsibility for any access to my NuHabitat Account or the NuHabitat Website from territories where the Content may be illegal or otherwise prohibited. If I choose to access my NuHabitat Account or the NuHabitat Website 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 NuHabitat Account or the NuHabitat Website, or the functionality or Content available on my NuHabitat Account or the NuHabitat 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, Agent, NuHabitat or any of their respective affiliates 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 the Broker, Agent or NuHabitat for the Broker’s, Agent’s or NuHabitat’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, Agent or NuHabitat.
- I agree that Broker, Agent or NuHabitat 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 NuHabitat Account. My use of my NuHabitat Account after Broker, Agent or NuHabitat 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 Agent and NuHabitat as provided at my NuHabitat Account, and to refrain immediately from using my NuHabitat Account upon transmittal of such notice.
This Agreement was last updated: February 09, 2012