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Terms of Use

TERMS OF USE

Last updated:  February 19, 2020

Please read these Terms of Use carefully before continuing on with your use of the Services.  Your express consent to these Terms of Use or use of any aspect of the Services (including without limitation our websites and mobile applications) signifies your agreement with these Terms of Use.  IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES.  By registering with or accessing the Service you are acknowledging and accepting these Terms of Use (these “Terms”).  Capitalized terms are defined below.

 

THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  BY AGREEING TO THESE TERMS OF USE AND THE ARBITRATION AND CLASS ACTION WAIVER PROVISION, YOU WAIVE YOUR RIGHT TO BRING A LAWSUIT IN COURT.

 

We fully support the principles of the Fair Housing Act and the Equal Opportunity Act.

Some words used in these Terms of Use have a specific definition.  You can find these definitions at the end of these Terms of Use.

 

Agreement Between You and GenStone Realty

Thank you for using GenStone Realty’s Site(s) to find your next home.  The following terms and conditions (the “Terms of Service”) apply to your use of the Sites.  The term “Sites” includes GenStoneRealty.com and any current or future related mobile sites, mobile applications or other products or services, all of which are owned and operated by GenStone Realty, LLC (“GenStone Realty”).  By using the Sites, you explicitly accept these Terms of Service.  We strongly recommend that, as you read these Terms of Service, you also access and read the information contained in the other pages and websites referred to in these Terms of Service, as they may contain further terms and conditions that apply to you.  Underlined words and phrases are links to these pages and websites.  The term “Agreement” means the agreement formed between you and us pursuant to these Terms of Service and any other terms and conditions posted on the Sites, and any other written agreement between you and us, as the same may be modified from time to time, all of which are incorporated herein by reference.  GenStone Realty is not a real estate broker or lender, and the Sites are not intended to establish a brokerage relationship or any agency or fiduciary relationship between you and GenStone Realty or the Sites.

 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:  “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions.  “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company.  “Party”, “Parties”, or “Us”, refers to both the Client and ourselves.  All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

License

Unless otherwise stated, GenStone Realty and/or its licensors own the intellectual property rights for all material on GenStoneRealty.com.  All intellectual property rights are reserved.  You may access this from GenStoneRealty.com for your own personal use subjected to restrictions set in these terms and conditions.

 

Use of the Service

  1. Accounts

You may register, maintain, and create an Account for the Service.  You are responsible and liable for all activities conducted in connection with your Account, and the accuracy of all information relating thereto, including contact, technical and payment information, and your login credentials.  You will promptly (i) update any Account information when it changes, and (ii) notify us of any unauthorized use of your Account, including any security or data breach.  You may only connect to the Service through your Account and in accordance with our access procedures.  You will not allow an Account to be shared or used by more than one individual.  By providing us with your email address you consent to us sending you Service-related notices.  You must be eighteen (18) years of age or older to use the Service.

 

  1. Service Rules

You will use the Service strictly in accordance with these Terms, all Documentation, the Privacy Policy, and Applicable Law.  You will not engage in any of the following activities:

  • (i) use the Service in violation of any third party license or agreement;
  • (ii) use the Service to collect, process, or store bank account information, credit or debit card information, personally identifiable information pertaining to children under 13, or health or medical information (including ‘Protected Health Information’ as defined in the Health Insurance Portability and Accountability Act of 1996);
  • (iii) sublicense, sell, transfer, assign, distribute, republish, rent, lease or transmit in any form or by any means any part of the Service;
  • (iv) use, modify, copy, or create derivative works from the Service or Marks without the applicable owner’s written permission, including without limitation using automated or manual means to access copy content from the Service;
  • (v) frame, mirror, embed or otherwise incorporate any portion of the Service in any other service or product;
  • (vi) reverse engineer, decompile, or disassemble any part of the Service, or use or access any part of the Service in connection with any other product or service using features, functions or graphics similar to any part of the Service;
  • (vii) remove, obscure, or alter any Intellectual Property Rights notice related to any part of the Service or Marks;
  • (viii) send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful Content;
  • (ix) facilitate the transmission or use of any: (a) malicious code (including malware, viruses, worms, and Trojan horses); (b) traps, time bombs, or other code with a latent ability to disable or cripple software or services; or (c) code that would allow any party to interfere with or access any of portion of the Service;
  • (x) interfere with, disrupt, or overburden the integrity or performance of the Service, or interfere with any other use of the Service;
  • (xi) attempt or assist others to attempt to gain unauthorized access to the Service or its related systems or networks; or
  • (xii) use the Service in any way not expressly authorized by these Terms.

 

  1. Service Changes; Suspension

We may, without prior notice, change the Service, stop or suspend access to any or all of the Service, or create usage limits for the Service.  Your continued use of the Service after any change or limitation constitutes your acceptance thereof.

 

  1. Monitoring; Records.

We have the right, but not the obligation, to review and monitor your use of the Service at any time, with or without notice, including Communications, to ensure compliance with these Terms.

 

  1. User Content and Behavior

Because we do not control Content, you acknowledge and agree that we are not responsible for any Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Content.  Your interactions with Users are solely between you and such Users and we are not responsible or liable with respect to any such interactions.  If there is a dispute between you and any User, we are under no obligation to become involved.  We reserve the right to change, condense or delete any content, information, or other materials on the Service (including your Content).

 

  1. Service Content.

We may provide a variety of features on the Service, including User Ratings, Agent profiles, and comments on properties for sale.  We, the Affiliate Entities, our service providers, and our other licensors are merely providing you, Users and Agents a forum to exchange information, and such parties no way endorse, guarantee, or are responsible, and will not be held liable, for the accuracy or reliability of any content posted on the Service by a Client, User, or any Agent. Content and opinions posted on the Service by a you, a User, or an Agent belong to those respective author(s) and not us or any Affiliated Entity.  Any use or reliance on any content and opinions posted on the Service or obtained by you through the Service is at your own risk.

 

  1. Your Representations.

You represent and warrant that you:

(i) are entitled to grant the rights and licenses to your Content under these Terms and none of your Content will infringe any party’s Intellectual Property Rights or violate Applicable Law;

(ii) will use the Service for internal purposes only and will not sell, license, or transfer to any party any information obtained through the Service or engage in any other commercial exploitation of the Service;

(iii) have the right and authority to enter into these Terms, and that by entering into or executing your obligations under these Terms, you will not be in breach or violation of the terms of any agreement with or obligation to any third party

(iv) are a prospective purchaser or seller of real property in the geographic areas where we are licensed and operating with a bona fide interest in the purchase or sale of such real property;

(v) have not signed any agreement with a real estate broker or agent that would prevent you from using one of our franchisees as your sole and exclusive broker or agent, and you do not have a contract or agreement with any third party that would interfere with our representation of you;

(vi) will limit your search on the Service to properties within your anticipated purchase ability or price range and to the properties that meet your other criteria;

(vii) will not (a) contact the owner or seller of any property from information gained through the Service or (b) attempt to enter the property or speak with an owner or seller without an appointment set by us;

(viii) will abide by all copyright restrictions placed on the content of the Website including, but not limited to, any material or data compilations where we or others may hold the copyright;

(ix) agree that we may also represent other prospective buyers seeking to purchase properties that may meet your criteria;

(x) authorize us to review and provide copies of various documents in any of your transactions relating to the Service, including without limitation home inspection reports and closing papers;

(xi) agree to comply with the User Ratings Guidelines when utilizing the User Ratings;

(xii) with respect to any User Rating, consent to us posting your first name and first initial of your last name and real-property information such as price of property, property type (e.g., single family, condo, townhouse), type of transaction (e.g., conventional, short sale, foreclosure), and/or the city in which the property is located pertaining to such User Rating; and

(xiii) acknowledge and agree that neither we nor any Affiliated Entity endorse any User Review or other Content hosted on or transmitted through the Service.

 

  1. Agent Users.

Any User that holds any type of real-estate license, including, but not limited to a brokers, associate brokers or salespersons license other Agents must immediately advise us by before that User may access any password protected material including, without limitation, house listing data or other data compilations.  We reserve the right to deny or terminate access to any real-estate agent who is not an Agent, except for the real-estate agent’s limited purpose of accessing the Website for verifying compliance with MLS rules.

 

  1. Property Data Restrictions.

In addition to other restrictions herein, for the avoidance of doubt, all property data provided on the Service is for your personal, sole and private, non-commercial use and not available for redistribution, retransmission or copying. You may not sell or use such data for any purpose, other than the purpose of attempting to evaluate properties or properties for sale or purchase. You acknowledge that the MLS data on the Service is owned by the respective MLS, and you acknowledge the validity of the MLS’s copyright to such data.

 

Licenses.

  1. License to You.

Subject to these Terms, we grant you a non-exclusive, non-sublicenseable, nontransferable, limited right, solely during the term of the Agreement, to access and use the Service solely for your non-commercial purposes related to searching for real estate for personal use.

 

  1. License to Us.

You grant to the us a non-exclusive, sublicenseable, transferable, perpetual, irrevocable, royalty-free, worldwide license to use, develop, transmit, distribute, modify, reproduce, publically display, and create derivative works of any of your Content to provide, develop, maintain, support, and improve the Service and the Affiliated Entities’ services.

 

  1. Maps.

The Service may feature Microsoft Bing Maps and Google Maps. Use of Microsoft Bing Maps is subject to the Bing Maps Terms of Use and use of Google Maps is subject to the Google Maps Terms of Use and Privacy Policy. Such services are not under the control of Affiliated Entities. Please review the terms of use or privacy policies of these services for rights and restrictions.

 

Ownership Rights.

  1. Our Ownership Rights.

As between you and us, (i) we solely and exclusively own and will continue to own all right, title and interest in and to the Service and Marks; (ii) you will do nothing inconsistent with such ownership, including by challenging title or registering or attempting to register Marks or any similar trademarks; (iii) no title to or ownership in the Service or Marks, or any associated Intellectual Property Rights embodied therein, is transferred by implication to you under these Terms; and (iv) any use of Marks by you that is permitted under these Terms will inure to the benefit of and be on behalf of the applicable owner. You will promptly notify us of any use of the Service or Marks by any party that is not authorized by these Terms. If you provide us or any affiliate with Feedback, you assign to such entity all right, title and interest in and to such Feedback, including all Intellectual Property Rights therein, waiving all claims thereto, including claims of payment and credit.

 

  1. Your Ownership Rights.

As between you and us, and subject to Sections 3(B) and 4(A) above, you own all right, title and interest in and to your Content.

 

Data.

You agree that the Affiliated Entities, including us, may collect, store, use, and distribute information in accordance with the Privacy Policy, including in respect of your information and data. You will comply with the Privacy Policy.

 

Compliance

We do not provide compliance services. You agree that the Service is provided for your convenience only, and not for purposes of enabling you to meet your obligations under Applicable Law and third party agreements. You are solely responsible for ensuring compliance with such obligations.

 

Coupons and Promotional Offers

Listings appearing on the Sites may contain coupons or other promotional offers, such as rent or move-in special offers (“Coupons”).  You may only redeem Coupons if you are 18 years of age or older.  You can only redeem Coupons during the promotional period, while supplies last, and any unredeemed Coupon will not have any cash value.  Coupons may only be redeemed for the specific property being advertised and no substitution is permitted.  You will be subject to the terms, conditions and restrictions mentioned in the Coupon in addition to these Terms.

 

Unless otherwise set forth in the Coupon, permitted by the advertising property, or required under applicable law, the following additional restrictions apply: You cannot redeem the Coupon in combination with other discounts, promotions or offers; and you cannot duplicate use, sell or trade a Coupon.  The Coupon will be void if you attempt to redeem it in violation of the terms of the Coupon or these Terms.

 

IN ADDITION TO THE GENERAL DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY APPLICABLE TO THE SITES, WE DISCLAIM ANY AND ALL WARRANTIES AND LIABILITY AS TO ANY ADVERTISING PROPERTY OR THE PRODUCTS OR SERVICES THAT IT OFFERS.  GENSTONE REALTY DISCLAIMS ALL WARRANTIES OF QUALITY, SAFETY, USABILITY, MERCHANTABILITY OR FITNESS OF ANY UNDERLYING PRODUCT OR SERVICE REDEEMED BY YOU IN CONNECTION WITH ANY COUPON.  AS BETWEEN GENSTONE REALTY AND YOU, YOU AGREE THAT YOU ARE USING THE ADVERTISING PROPERTY’S COUPON AT YOUR SOLE RISK.

 

No Unauthorized Duplication

Except as otherwise stated herein, none of the Content on the Sites may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior written consent of GenStone Realty.

Warranty Disclaimers

THE SITE AND THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED.  TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, GENSTONE REALTY SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  FURTHER, THE INFORMATION ON THE SITE SHALL IN NO EVENT BE CONSIDERED OR RELIED UPON AS LEGAL ADVICE OR AS A SUBSTITUTE FOR SEEKING THE ADVICE AND COUNSEL OF A LICENSED ATTORNEY.

 

GenStone Realty makes no representation or warranty that (i) the Site or the Online Services will meet your expectations or requirements, (ii) the Site or the Online Services will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Online Services will be accurate, timely, complete or reliable, (iv) any errors or defects in the Site or the Online Services will be corrected, or (v) the Site and the Online Services and/or the server that makes the Site and the Online Services available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components.  Operation of the Site and the Online Services may be interfered with by numerous factors outside of GenStone Realty’s control including, but not limited to, telecommunications network disruptions.  GenStone Realty is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Online Services.  You are entirely responsible for your access to the Internet, including payment of all related fees, in order to access the Site.

 

You acknowledge that the entire risk arising out of the use or performance of the Site or any of the Online Services remains with you to the maximum extent permitted by law.

 

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

 

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR ANY OF THE ONLINE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE AND THE ONLINE SERVICES.

Limitation of Liability

IN NO EVENT SHALL GENSTONE REALTY OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS, PARENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, VENDORS, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE PORTAL INCLUDING, BUT NOT LIMITED TO THE ONLINE SERVICES, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, COST OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR RELIANCE ON THE INFORMATION PRESENT ON THE SITES, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF GENSTONE REALTY OR SUCH PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. IN NO EVENT SHALL GENSTONE REALTY BE LIABLE FOR OR IN CONNECTION WITH ANY INFORMATION POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY VISITOR OR OTHER PERSON ON OR THROUGH THE ONLINE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF GENSTONE REALTY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100).

 

Online Services Limitation of Liability

GENSTONE REALTY HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE PEOPLE YOU AUTHORIZE TO ACCESS YOUR ACCOUNT, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR ACCOUNT INCLUDING, BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE ONLINE SERVICES UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER GENSTONE REALTY NOR ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, THOSE ARISING OUT OF THE USE OF THE ONLINE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE ANY PERSONAL INFORMATION THROUGH THE ONLINE SERVICES.

 

Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.

 Waiver of Contractual Rights for Violators of These Terms of Service

You understand and agree that any individual or entity, including, but not limited to, employees, officers, directors, third party agents, affiliates, or independent contractors of such individuals or entities, that violates any term of these Terms of Service, including, but not limited to, accessing the Sites without authorization, or in excess of the authorization granted by these Terms of Service, is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any provision in any contract governing the use of any individual or entity’s website, including, terms and conditions, Terms of Service, and terms of service, asserted by such individual, entity, or any affiliate thereof, as binding on GenStone Realty, or any of its affiliates.  A waiver of any provision of these Terms must be made in writing to be effective, and our waiver of a breach of any provision or right contained in these Terms will not constitute a continuing waiver or waive any subsequent breach or right.

 

Indemnification

You will indemnify, defend and hold us, including any Affiliated Entity, including us, harmless from and against any and all Claims to the extent arising out of or in connection with your(i) breach of these Terms; (ii) conduct involving fraud, negligence, omissions, or willful misconduct; and (iii) misuse of the Content or any other misuse of the Service.

 

Third Parties

We may, in our sole discretion, (a) delegate or subcontract the performance of any portion of the Service to third party service providers, and (b) make available one or more Third Party Products to you in connection with the Service. Third Party Products may be separately licensed to you by their respective providers. If you access a Third Party Product from the Service, you do so at your own risk, and the User understands that these Terms and the Privacy Policy do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any Third Party Product, and we make no representations or warranties of any kind in respect thereof. PLEASE ALSO VISIT THIRD PARTY WEBSITES TO REVIEW THEIR TERMS OF USE.

 

Confidentiality

Recipient may use Disclosing Party’s Confidential Information solely to perform Recipient’s obligations or exercise its rights hereunder. Recipient will not knowingly disclose, or permit to be disclosed, Disclosing Party’s Confidential Information to any third party without Disclosing Party’s prior written consent, except that Recipient may disclose Disclosing Party’s Confidential Information solely to Recipient’s employees and/or subcontractors who have a need to know and who are bound in writing to keep such information confidential pursuant to confidentiality agreements containing nondisclosure obligations substantially similar to those in these Terms. Recipient agrees to exercise due care in protecting Disclosing Party’s Confidential Information from unauthorized use and disclosure, and in any case will not use less than industry standard security measures and the degree of care a reasonable person would use. The foregoing will not apply to any information that: (i) is in the public domain through no fault of Recipient; (ii) was properly known to Recipient, without restriction, prior to disclosure by Disclosing Party; (iii) was properly disclosed to Recipient, without restriction, by another person with the legal authority to do so; (iv) Recipient independently develops without use of Disclosing Party’s Confidential Information; (v) is expressly permitted to be disclosed pursuant to the terms of these Terms; or (vi) is required to be disclosed pursuant to a judicial or legislative order or proceeding; provided that, where possible, Recipient provides to Disclosing Party prior notice of the intended disclosure and an opportunity to respond or object thereto. Our Confidential Information includes these Terms, our pricing, our Intellectual Property Rights, and the Service. Notwithstanding the foregoing, our obligations under this section are subject to the disclaimers set forth in Section 8 above.

Our obligations with respect to your Confidential Information under these Terms are subject to the Privacy Policy.

 

Termination

These Terms will continue in full effect unless and until your Account or these Terms is terminated as described herein. We may terminate these Terms for convenience upon notice. Upon termination of the Agreement, the rights and licenses granted to you hereunder will immediately terminate. Upon termination of these Terms, you grant to us a non-exclusive, non-sublicenseable, non-transferable, irrevocable, and perpetual license to use the data and information collected by the Service under your Account during the term of these Terms, and to use such data and information in accordance with the Privacy Policy.

 

Third Party Beneficiary

These Terms do not and is not intended to confer any rights or remedies upon any person other than the parties and as otherwise expressly stated herein.

 

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction.  Any attempted transfer or assignment in violation hereof will be null and void.

Integration/Re-Affirmation

You acknowledge and agree that these Terms of Service, and the other policies, terms, guidelines and rules referenced herein, constitute the entire and exclusive agreement between GenStone Realty and you regarding the Sites, and supersedes and replace all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding its subject matter.  You further acknowledge and agree that each time you visit the Sites, you: (i) expressly waive any prior rights you may have obtained from any contract to access or use the Sites; (ii) re-affirm your commitment to abide by these Terms of Service, including any new provisions that have been added since the last time you accessed the Sites; and (iii) signify your agreement that the current terms in in these Terms of Service supersede all prior Terms of Use or terms of service in effect when you accessed the Sites, such that each time you access the Sites, you form a new agreement with GenStone Realty that applies to your access to the Sites.

 

 General

 

  1. Nature of Relationship

The relationship of the parties under these Terms will be that of independent contractors. Neither these Terms as a whole or any part of these Terms will render either party the agent, representative, servant, or employee of the other party. Neither party has the power, express or implied, to bind the other party in any manner or to make representations on behalf of the other party regarding any matter. Except as stated in the Agreement, we will in no way be restricted from using or commercializing all or any portion of the Service or performing or receiving any services from any third party including services the same as or similar to Service provided or received in connection with these Terms.

 

  1. Notices.

All notices and other communications to be given to any party hereunder will be sufficient for all purposes hereunder if in writing, properly addressed as set forth below in this section and delivered (a) by hand or courier (delivery of notice deemed to occur upon delivery), (b) if sent electronically on the date delivered to the authorized email address, (c) by overnight delivery service (delivery of notice deemed to occur upon delivery and written confirmation thereof by such service), (d) by certified or registered mail, return receipt requested, with appropriate postage prepaid (delivery of notice deemed to occur upon signature of the receipt by the recipient), or (e) if from us to you, posted to your Account OR the Service on the date noted by us. If to us, notices may be sent to Info@GenStoneRealty.com. If to you, your email and mailing address as identified in our records.

 

  1. Headings; Interpretation.

Section headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. As used herein, “including” means “including without limitation.”

 

  1. Severability.

The provisions of the Terms and Conditions are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the Terms and Conditions is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

 

  1. Waiver.

A waiver of any provision of these Terms must be made in writing to be effective, and our waiver of a breach of any provision or right contained in these Terms will not constitute a continuing waiver or waive any subsequent breach or right.

 

Force Majeure

Except with respect to your payment obligations, neither party will be liable for failures or delays in the performance of its obligations hereunder due to causes beyond its reasonable control, including, in respect of the provision of the Service, failures or delays caused by our service providers, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage or power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labor disturbance, or any act or omission of government or other competent authorities.

 

Definitions

  • “Account” means the account provided by us that you to manage and access the Service.
  • “Affiliated Entities” means, collectively, us, Brand and our and Brand’s parent, subsidiaries, affiliates, and, where applicable, our and their service providers and licensors.
  • “Agent” means a real estate-broker, salesperson, agent, associate broker, or similar state licensed real-estate professional licensed with one of our franchisees.
  • “App” means a mobile application that may be provided as part of the Service.
  • “Applicable Law” means any statute, law, ordinance, rule, regulation, or requirement of a governmental entity that applies to a party or its business.
  • “Claim” means, collectively, claims, costs, damages, losses, liabilities, Fines, and expenses (including reasonable attorneys’ fees and costs) .
  • “Communications” means parts of the Service that includes electronic communications services, and document storage and management services, all as provided by us (or, at your selection, by a third party through a Third Party Product) for your use.
  • “Confidential Information” means any information that (i) a party (“Disclosing Party”) discloses to the other party (“Recipient”), either directly or indirectly, in writing or orally or by inspection of tangible objects, and (ii) identified as confidential at the time of its disclosure or that should reasonably be understood to be confidential in nature.
  • “Content” means any content, data or information provided by a party for inclusion in the Service or uploaded to, transmitted or submitted by a party through the Service, including Communications.
  • “Documentation” means the technical and operational documentation made available to you by us regarding any portion of the Service.
  • “Feedback” means ideas, suggestions, or recommendations on the Service provided by you.
  • “Fine” means any and all fines, penalties, refunds, charges, debits, deductions, legal fees and costs incurred by or other sums payable to any party.
  • “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
  • “Marks” means an Affiliated Entity’s proprietary trademarks, trade names, and service marks, including registrations and applications for registrations thereof and all renewals, modifications and extensions thereof.
  • “MLS Feed” means a local listing service (“MLS”) feed(s) provided through the Service.
  • “Privacy Policy” means the privacy policy for a Website or App and other portions of the Service, as provided and modified by us from time to time in our discretion.
  • “PSP” means a third party payment service provider selected by us.
  • “Service” means our hosted service (including Websites and Apps), software, Documentation, and any services made available to you by us hereunder, all as may be modified by us from time to time in our discretion.
  • “Third Party Products” means the third party applications and/or services, if any, which may be offered, made available or integrated by us to you for use as part of, or in connection with the Service.
  • “User” means other users of the Service.
  • “User Ratings” means a feature on the Service where you can rate and review various matters, including Agents.
  • “User Ratings Guidelines” means the rules, together with these Terms, that governs the use of User Ratings.
  • “We,” “our,” and “us” means us and Brand.
  • “Website” means a website that may be provided by us as part of the Service.
  • “You” and “your” means the individual entering into these Terms with us.