Terms & Conditions of Site Use ("Agreement") |
Broker/Agent Rules & Guidelines |
Privacy Policy
Terms & Conditions of
Site Use ("Agreement")
The following terms and conditions govern use of this Site:
1. Definitions. "Prelisting.com" shall mean the owners of
prelisting.com, its employees, and all other persons or entities affiliated
with prelisting.com responsible for creating, maintaining, and
publishing this Site. "Content" shall mean all materials, information and
images contained on the Site, including but not limited to, trademarks,
copyrightable materials, advertisements, data, text, graphics, files, photos,
software and video. "Site" shall mean the Internet site located at the URL
address http://www.prelisting.com. "User" shall mean any person or entity that
accesses or uses the Site in any manner.
2. Rules and Guidelines. Anyone
who posts property information on this site, including but not limited to
licensed real estate agents and brokers, agrees to abide by the
Broker/Agent Rules & Guidelines
as described on this site. These rules are hereby incorporated into this
Agreement.
3. Limited License for Use Only; Printing of Site Content. Users of
this Site are granted a limited, nonexclusive license to use the Site and its
Content for individual and use only. Users may print articles, blogs, property
information, FAQs and other reading materials (“Documents”) from this Site for
the User’s personal, non-commercial use only, provided that such Documents are
not modified or revised in any manner. Content may not be reproduced,
sold, licensed, transferred, modified, distributed, transmitted, used to
create derivative works from, published, displayed, or otherwise used or
exploited for any purpose without the express written permission of
Prelisting.com.
Users agree not to use this Site or the Content for any illegal or
prohibited purpose, or in any manner that could damage, disable, overburden or
impair the Site, Content or any servers used by Prelisting.com, or interfere
with any other party’s use of the Site or Content. Users agree that they shall
not attempt to gain any unauthorized access to the Site or Content, through
password mining, hacking or any other means, or harvest or otherwise collect
information about others, including e-mail addresses. Users agree that they
will not attempt to obtain any Content not intentionally made available to
them at this Site. Users shall not upload any files that contain Trojan
horses, viruses, cancelbots, corrupted files, worms, or other programs or
software that may damage or interrupt the websites, computers or software of
Prelisting.com. or others.
4. Framing this Site. Users may not frame any portion of the Site
for any purpose without the express written consent of Prelisting.com
5. Links to Third Party Sites; Accuracy of Content on Linked Sites.
Links to other sites operated by independent, third parties exist on this
Site. While Prelisting.com takes reasonable steps to select and provide links
that add value to the Site, Prelisting.com is not responsible for the content
contained on any linked site. Furthermore, unless expressly indicated
otherwise, Prelisting.com does not endorse, approve, or otherwise warrant the
accuracy of any information or content contained on a linked site. Users
should review the terms and conditions of use and the privacy policy of the
linked site, if any, before using that site.
6. Accuracy and Updating of Site Content. Prelisting.com takes
reasonable steps to maintain the accuracy and update the Content on the Site.
However, Prelisting.com does not make any representations or warranties
regarding the accuracy of the Content, nor does Prelisting.com make any
commitment to update the Content. Prelisting.com reserves the right in its
sole discretion to add, remove or otherwise modify the Content and the Site at
any time without notice.
7. Forums & Postings; Responsibility for Submissions;
Prelisting.com’s Right to Remove Submissions. From time to time a
discussion forum, bulletin board, blog, chat area, news group, community, RSS
feed, or other feature designed so that Users - including but not limited to:
brokers, agents, lenders, builders and construction companies or their
representatives - may upload data and images (“Forums and Postings”) that will
be made available to Users on this Site. Prelisting.com, in its sole
discretion, reserves the right to review, control or edit any text, data,
images, files, or other materials that may be uploaded, posted or submitted in
any Forum (“Submissions”) as well as the right to refuse to post any such
Submission. Prelisting.com does not guarantee that it will review every
Submission, nor does Prelisting.com guarantee the accuracy, legality or
reliability of any Submissions. Under no circumstances will Prelisting.com be
responsible or liable for Submissions, and Users are advised to investigate
and evaluate Submissions prior to relying on any of them. Users understand
that Submissions may be accessible to and viewed by the general public,
therefore Users should exercise caution before including any personally
identifiable information in a Submission.
Users represent and warrant that they have the legal right and/or have
obtained all licenses and permissions necessary to post the Submission, and
that the Submission will not violate any law or infringe on the rights of any
third party, including but not limited to copyright, trademark, patent,
privacy or publicity rights. Users shall not post any Submission that is
defamatory, libelous, sexually explicit, obscene, inappropriate, indecent, or
profane, or that is done with the intent to harass, stalk or threaten others.
Users shall not use Submissions or the Forum in connection with surveys,
contests, pyramid schemes, chain letters, junk e-mail or spamming. Users shall
not impersonate any other person when posting a Submission or create a false
identity to mislead others. Prelisting.com has the right, at Prelisting.com’s
sole discretion, to copy, reproduce, distribute, transmit, and display
Submissions at any time without consideration, and Prelisting.com has the
right to delete any Submission at any time without notice. Users agree to
indemnify, defend and hold Prelisting.com harmless from any claims, actions,
liabilities, loss, costs, damages, or expenses, including reasonable
attorney’s fees, that may arise directly or indirectly from the User’s
Submissions.
8. DISCLAIMER. THE CONTENT ON THIS SITE IS PROVIDED "AS IS" AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRELISTING.COM DISCLAIMS ALL
WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL
PROPERTY, SECURITY AND FITNESS FOR A PARTICULAR PURPOSE. PRELISTING.COM DOES
NOT WARRANT OR GUARANTEE THE ACCURACY, AVAILABILITY, RELIABILITY, ACCESS TO OR
UNINTERRUPTED AND ERROR FREE OPERATION OF THE SITE OR THE CONTENT.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL PRELISTING.COM BE LIABLE FOR ANY DAMAGES,
INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL
OR PUNITIVE DAMAGES, LOSS OF PROFITS, DATA OR PROGRAMS ARISING FROM THE USE,
INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT
DISPLAYED, UPLOADED TO OR DOWNLOADED FROM THIS SITE.
10. Modification of Agreement. Prelisting.com reserves the right, in
his sole discretion, to modify or revise this Agreement at any time without
giving notice. Users agree to be bound by any modification or revision of the
Agreement upon electronic posting to the Site.
11. Suspension or Termination of Access. Prelisting.com reserves the
right, in its sole discretion, to suspend or terminate a User‘s access to the
Site for any reason, including but not limited to, a User‘s breach of this
Agreement.
12. Indemnification. User agrees to defend, indemnify and hold
harmless Prelisting.com from all actions, liabilities, losses, claims,
damages, costs, and expenses including but not limited to reasonable
attorney‘s fees, resulting from the User‘s violation of any term of this
Agreement or alleged illegal use of this Site.
13. Reservation of Rights. All rights not expressly granted or
addressed herein are reserved by Prelisting.com.
14. Ownership of Site and Content. All right, title and interest in
and to the Site and Content belong solely and exclusively to Prelisting.com
and/or any third party owner of particular Content. The Site and the Content
are protected by applicable federal, state and local laws, including but not
limited to copyright and trademark laws.
15. Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to 17 U.S.C. 512. If you wish to notify Prelisting.com of Content on
the Site that may result in copyright infringement pursuant to 17 U.S.C. 512,
please mail your notification to our designated agent at:
DMCA Notification/Attention:
P.O. Box 214
Visalia, CA 93279
Phone: (888) 559-2559
Fax: (888) 559-2559
Email: info@prelisting.com
16. USER’S CONSENT TO BE LEGALLY BOUND TO AGREEMENT. IN
CONSIDERATION OF BEING ALLOWED TO USE THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE. USE OF THE SITE IN
ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR ASSENT
TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND
BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED
FROM ACCESSING AND/OR USING THIS SITE IN ANY MANNER.
Broker/Agent Rules & Guidelines
1. Accuracy/Prelisting Price: By
posting a property to the site agents are agreeing to represent the property
accurately to the best of his or her ability. Agents are required to exercise
good faith when posting an estimated price for their prelisted properties.
Agents who post a prelisting price that turns out to be 25% or more below the
listing price will be flagged as spamming the system and may be suspended
without notice or any right to refunds.
2. Seller's Permission: By posting
a property to the site you warrant that you have a relationship with the
seller and that you have permission to post the property information and/or to
market the property for sale.
Prelisting.com is committed to protecting the
privacy of Users. Please see our "no-nonsense" privacy policy below:
1. Personal Information. No personally identifiable information
about a site User, or submitted by a site User will be sold to a third party at
ANY TIME, for ANY REASON. User contact information will be viewable by another
user only when that user has saved a property in his or her account. In
this case, that user's information is made available only to the agent/user
who posted the property as a listing or prelisting.
2. Cookies. This site may use cookies to gather non-personal
information such as browser type, IP address, and operating system, and to
track site traffic and record the source URL of site visitors. We do not store
any personally identifiable information in cookies. Additionally, cookies may
be used to verify the logon of existing clients.