Terms of Use
Last updated: December 20, 2010
RealtyPal, LLC (“RealtyPal”, “We, “Us”, “Our”) is a North Carolina real estate and auction company, which operates the web site at www.realtypal.com ("Site") and provides information and services (“Content”) for the users (“you”, “user” or “users”), subject to the following Terms of Use. In addition, you are also subject to any posted guidelines, rules or policies, which are hereby incorporated by reference into the Terms of Use.
Please read our Terms of Use carefully before continuing on with your use of this Site. These Terms of Use shall govern the use of the Site and apply to all Internet traffic visiting the Site. By accessing, registering for, or using the Site, you are acknowledging and accepting these Terms of Use. If you do not agree to these Terms of Use, please refrain from using this Site.
Changes to this Terms of Use
The Terms of Use and all guidelines, rules and policies are subject to change from time-to-time and without prior notice to you unless otherwise expressly provided. A link to an updated Terms of Use will be posted on the Site’s home page, and the date of last revision will be available at the top of this page. Such modifications shall be effective immediately upon posting. Your continued use of the Site after changes have been posted to the Terms of Use will indicate your acceptance of such changes. If you do not agree to these Terms of Use, please discontinue your use of the Site immediately. To view a copy of the current Terms of Use, you may go to www.realtypal.com at any time.
Scope of this Terms of Use
These Terms of Use apply to your use of this Site only. We do not own, operate or control the web sites of our partners, sales associates. real estate agents/brokers, or any third-party websites. Therefore, these Terms of Use do not apply to any of other websites you visit or link to through this Site. Your access to such web sites through links provided on this Site is governed by the terms of use and policies of those other web sites, not this Site.
Privacy
Registration data and certain other information, such as your personal and non-personal information is subject to our Privacy Policy. For more information on privacy, please review our Privacy Policy.
MLS Real Estate Data and Website Information
RealtyPal is not responsible or liable for misinformation, misprints, or typographical errors on this Site. Any information on this Site is deemed reliable, but is not guaranteed and should be independently verified through personal inspection and/or with the appropriate professional.
The information on this website, including without limitation, all home data, is provided exclusively for consumer's personal, private, non-commercial use and may not be used for any purpose other than the purpose of attempting to evaluate houses or properties for sale or purchase. All real estate listings are subject to availability and are subject to prior sale or prior lease. You may not copy, redistribute or retransmit any of the data or information provided.
The Site provides access to listings and local real estate content, including data provided by real estate agents and brokers where IDX or VOW MLS data ("MLS data") is displayed. 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.
RealtyPal assumes no liability for the accuracy of any MLS data, or other information presented by any Broker or Agent. The user also acknowledges that the individual MLS has the authority to access this Site for the sole purpose of monitoring the compliance with the MLS rules and regulations.
Links
This Site may contain links to other web sites ("Linked Sites") containing third-party content. The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. RealtyPal has no control over the content of any Linked Sites, and RealtyPal is not responsible for, and does not endorse such content, whether or not RealtyPal is affiliated with the owners of such Linked Sites.
You may not establish a hyperlink to this Site or provide any links that state or imply any sponsorship or endorsement of your web site by RealtyPal, or its affiliates or providers.
Referrals to Other Agents, Brokers and Service Providers
RealtyPal does not endorse and does not guarantee or warrant the products or services of other product of service providers that RealtyPal refers to you, including, but not limited to real estate agents/brokers, participating Partner Agents/Brokers, escrow companies and lenders. Each homebuyer/seller must independently verify the experience and quality of each real estate agent/broker and/or any service provider that they hire.
The commissions paid are subject to the agreement between the individual homebuyer/seller and the real estate agent/broker receiving the referral and may be negotiated between the parties. RealtyPal, LLC is a licensed Real Estate and licensed Auction Company and may receive a real estate brokerage referral fee.
Any referral to other product or service providers is for informational purposes only, and you are free to select any product or service provider of your choice. RealtyPal does not guarantee or warrant the products or services of other product and service providers that RealtyPal or its participating real estate agents/brokers refer to you, including those products and services offered through RealtyPal website.
Trademarks, Copyrights and Restrictions
This Site is controlled and operated by RealtyPal, LLC. All content on this Site, including, but not limited to text, images, illustrations, video clips, and audio clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by RealtyPal, LLC, its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to RealtyPal, LLC.
Content on this Site or any web site owned, operated, licensed or
controlled by the Providers is solely for your personal, non-commercial
use. You may not copy, reproduce, republish, upload, post,
transmit, distribute, and/or exploit the Content or information in any
way (including by e-mail or other electronic means) for commercial use
without the prior written consent of RealtyPal or the Providers.
As a condition to your use of this Web Site, you warrant to RealtyPal,
LLC that you will not use this Site for any purpose that is unlawful or
prohibited by these Terms and Conditions, including without limitation
the posting or transmitting any threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane material. If
you violate any of these Terms and Conditions, your permission to use
this Site immediately terminates without the necessity of any notice.
RealtyPal retains the right to deny access to anyone at its discretion
for any reason, including for violation of these Terms and Conditions.
You may not use on your web site any logos, trademarks, service marks or
copyrighted materials appearing on this Site, without the express
written consent of the owner of the mark or copyright. You may not frame
or otherwise incorporate into another web site any of the Content or
other materials on this Site without prior written consent from
RealtyPal.
Prohibited Activities
You are specifically prohibited from any use of this Site, and You agree not to use or permit others to use this Site, to: (a) take any action that imposes an unreasonably large load on the Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose or share any assigned private information and/or passwords with any unauthorized third parties; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the Site's software or HTML code; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international laws or regulations; or (f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy the Site, or the Content without our prior written permission.
Disclaimer of Warranties and Liability
ALL CONTENT ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. REALTYPAL DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. REALTYPAL DISCLAIMS ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY OR USEFULNESS OF THE INFORMATION CONTAINED ON
THIS SITE.
NEITHER REALTYPAL, ITS AFFILIATES, NOR THE PROVIDERS, WARRANT THAT THIS
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS SITE IS PROVIDED FOR
YOUR CONVENIENCE AND INFORMATION ONLY. REALTYPAL DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THIS SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF
ANY INFORMATION, SERVICES, PRODUCTS, CONTENT AND/OR MERCHANDISE OR
SERVICES ACQUIRED PURSUANT TO YOUR USE OF THIS SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER REALTYPAL, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, INVESTORS, AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REALTYPAL AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT REALTYPAL IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, REALTYPAL’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold harmless RealtyPal, its officers, directors, employees, agents, affiliates, licensors, partners, service providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.
Third Party Rights
These Terms of Use are for the benefit of RealtyPal, its Providers, and its officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Entire Agreement
These Terms of Use shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Site; provided however, that in the event of a conflict between such other terms and the Terms of Use, the Terms of Use shall control. The Terms of Use constitute the entire agreement, and supersedes and replaces any and all prior oral or written agreements, representations, warranties, or other statements or documents, between RealtyPal and you regarding your use of the Site.
Partial Invalidity
The invalidation of any provision or any portion of a provision, of the Terms of Use by any entity with proper jurisdiction and authority does not invalidate the remaining provisions, or the remaining portion of a provision.
No Waiver
No waiver of any breach by you of the Terms of Use shall constitute a waiver of any other or subsequent breach.
Applicable Law, Jurisdiction & Venue
The Terms of Use are governed by, and will be interpreted under, the laws of North Carolina, without regard to choice or conflicts of law rules. Any legal action regarding the Terms of Use shall be commenced and heard in the Wake County Court, North Carolina. RealtyPal and you agree to submit and consent to the jurisdiction and venue of this court. You agree to irrevocably waive any right you may have to commence any action against RealtyPal in any other court and irrevocably waive any rights or defenses in any action before the above noted court based on lack of personal jurisdiction or improper or inconvenient venue.
Licensing Information
RealtyPal, LLC. Real Estate Firm, North Carolina Real Estate
Commission. License# C18970
RealtyPal, LLC. Auction Firm, North Carolina Auctioneer Licensing Board.
License # 8924