Updated Oct 2014
- Accuracy of Information. You understand that all listing information is provided to Us by third parties, and agree that SPS does not control, verify, or endorse any of the information contained on the Website, including but not limited to the listing information or availability of a particular listing, links, and/or property descriptions. Such information is not guaranteed or warranted to be accurate or complete, and is subject to change without notice. Please verify all information with the listing agent and/or broker.
- Real Estate Transactions. SPS provides the Website as a service for home buyers, sellers, and real estate professionals. SPS is not a licensed real estate corporation, and as such does not represent buyers or sellers, does not provide any real estate services to buyers or sellers, does not accept commissions or referral fees for any real estate transactions, and is never a party to or otherwise involved in any transaction between buyers and sellers. Your interactions with organizations and/or individuals identified through the Website, including payments, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such organizations and/or individuals. You agree that SPS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between You and any third party, You understand and agree that SPS is under no obligation to become involved. You hereby release SPS, its officers, directors, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website. For specific advice on legal, financial or real estate matters, You should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.
- Advertising. Access to the Website is provided free of charge to Users, and the display of property listings is provided free of charge to real estate agents and brokers. You understand and agree that the Website may include advertisements to facilitate revenue generation for the Website, and that these advertisements are necessary for SPS to provide the Website for Your use. We provide such advertising and links for Your convenience and reference only. SPS does not operate or control any information, software, products, or services available from third parties, and as such cannot be responsible or liable for any acts or omissions created or performed by these third parties. We may solicit business for Our other products and services, which includes software and direct mail, from real estate agents and brokers whose listings appear on the Website. Inclusion of an advertisement or link does not imply any endorsement by SPS. Mortgage calculators provided on the Website, if any, are provided only as a convenience and do not constitute an offer to lend. Consult Your own lender for actual mortgage rates, fees, payments, and qualification requirements. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that SPS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
Copyright and License. All non-third party materials on this Website, including, without limitation, the underlying software, HTML and other code, design, text, search engine technology, mapping technology, graphics, images, button icons, pictures, sound files and other files, and the selection, arrangement, and compilation of information thereof are Copyright © SPS All rights reserved by SPS. You are granted a limited right to access the Website for Your personal, non-commercial, and informational use only. We reserve the right, without notice and in Our sole discretion, to terminate Your ability to use the Website, and to block or prevent future access to and use of the Website. The foregoing license grant does NOT include the right for You to:
- publish, publicly perform or display, or distribute to any third party any content from the Website, including reproduction on any computer network or broadcast or publications media;
- market, sell or make commercial use of the Website;
- make derivative uses of the Website; or
- use, frame or utilize framing techniques to enclose any portion of the Website (including the images found on the Website or any text or the layout/design of any page or form contained on a page).
- Trademarks and Service Marks. SPS owns various logos, trademarks, service marks and registered trademarks, which may not be copied, imitated or used, in whole or in part, without Our prior written permission.
- Website Content. You understand that all listings, messages, text, files, images, photos, video, audio or other materials contained on the Website are the sole responsibility of the person or organization from whom such content originated. The Website may contain links to other web sites that are completely independent of SPS We make no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will SPS be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, linked or otherwise made available via the Website.
- Website Security. You will not attempt to obtain any information or materials relating to the Website through any means not intentionally made available through the Website, or attempt to gain unauthorized access to any database, technology, computer systems or networks associated with the Website. You will not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any technology applications or software programs used by SPS in connection with the Website, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the Website.
Use of the Website. Your use of the Website must comply with the following:
- You may download or print hard copies of the Website or portions thereof, but only in connection with Your own personal, non-commercial use. Any such downloads/hard copies must contain the following notice: "© Single Property Sites All rights reserved." Notwithstanding the foregoing, except where Your use constitutes "fair use" under copyright law, You may not otherwise use, download, upload, copy, print, display, license, perform, reproduce, post, publish, distribute, transmit, submit or otherwise make available the Website without the prior express written consent from SPS
- You are solely responsible for, and will exercise caution, discretion, common sense and judgment in using and accessing the Website. You acknowledge and agree that SPS has no responsibility to control or monitor any content posted to the Website and, as a result, does not manage, control, guarantee, nor is responsible for, the truth, accuracy, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of such content.
- SPS has the right, at any time and without notice, to revoke or limit Your right to use the Website and to restrict or prevent Your access to it.
- SPS does not refer, endorse, recommend, verify, evaluate or guarantee any information or content provided by third parties. Nothing shall be considered as a referral, endorsement, recommendation or guarantee of any information.
You shall not use the Website or the content from the Website:
- For conducting any marketing or telemarketing activities;
- for redistribution or publication via the Internet;
- to create real estate valuation models, programs or systems;
- for the purpose of extracting, selecting or otherwise removing any data elements contained in the Services or the Content for any reason;
- in conducting real estate appraisal;
- for the purpose of debt collection;
- in connection with evaluating risk, underwriting, or marketing or selling insurance products of any kind, including without limitation, life, health, long-term care, disability casualty, umbrella, mortgage, title or property, or
- in connection with the marketing or sale of legal services or products of any kind, including without limitation, bankruptcy or real estate title/lien history.
- as a factor in establishing an individual's eligibility for credit or insurance;
- in evaluating an individual for employment purposes;
- in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority;
- in a way that would cause the Services or the Content to constitute a "consumer report" under the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.;
- in any other manner that would cause such use of the Services and/or the Content to be construed as a consumer report by any authority having jurisdiction over any of the parties;
- in any way that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- in any way that violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising); or
- in any way that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
- Linking to the Website. We hereby grant You a non-exclusive, limited license, revocable at Our discretion, for You to link to the Website home page (http://www.zippylistings.com) from any site You own or control that is not commercially competitive with the Website and does not criticize or otherwise injure Us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information. Such a link is not an endorsement of such other site(s) by Us. All of Our rights and remedies are expressly reserved.
- Access to the Website. You must provide at Your own expense the equipment and Internet connections that You will need to access and use the Website, including any advertisements that may be located on the Website. If You access the Website through a telephone line, please call Your local phone company to determine if the access numbers You select are subject to long distance or other toll charges at Your location. If you access the Website through wireless applications (e.g., cell phones), Your carrier, such as a wireless carrier, may charge fees for alerts, web browsing, messaging and other services that require the use of airtime and wireless data services. Check with Your carrier to verify whether there are any such fees that may apply to You. You are solely responsible for any costs You incur to access the Website through any wireless or other communication service.
Indemnification. You agree to indemnify and hold SPS and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of, related to, or that may arise in connection with:
- Your use of the Website or Your reliance on the content,
- Any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
Disclaimer of warranties. You understand and agree that your use of this website and any services or content provided is made available and provided to you at your own risk. It is provided to you "as is" and we expressly disclaim all warranties of any kind, implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty, implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither us nor any participant in the service provides professional advice of any kind and that use of such advice or any other information is solely at your own risk and without our liability of any kind.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
Limitation of liability. You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss (even if we have been advised of the possibility of such damages), resulting from or arising out of (I) the use of or the inability to use the website, (ii) the cost to obtain substitute goods and/or services resulting from any transaction entered into on through the website, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements or conduct of any third party on the website, or (v) any other matter relating to the website.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.