Disclaimers – Straight Forward Listings

General Disclaimer

The information provided by Straight Forward Listings (“we,” “us” or “our”) on straightforwardlistings.com (the “Site”) and is for gStraight Forward Listings Terms of Use

please replace all references to zillow with Straight Forward Listings

Straight Forward Listings – Terms of Use
Address: 302 A West 12th Street, Manhattan, New York 10014

Welcome and thank you for your interest in Straight Forward Listings and the Straight Forward Listings family of businesses (Straight Forward Listings, Inc. and its affiliated brands listed in Section 2, collectively, the “Straight Forward Listings Companies,” “us,” “our,” or “we”).

By clicking a registration or new account submission button, or by otherwise using our websites, networks, mobile applications, or other services provided by the Straight Forward Listings Companies (collectively, the “Services”), or accessing any content provided by us through the Services, you agree to be bound by the following Terms of Use, as updated from time to time (the “Terms of Use”).

1. Straight Forward Listings Companies’ Role

The Straight Forward Listings Companies and the Services may assist you in performing various tasks in a real estate transaction. However, unless explicitly specified by the terms of use for a particular Service (each a “Product’s Terms”), THE SERVICES ARE NOT INTENDED TO provide you with any financial, real estate, or related professional advice.

You understand and agree that the Services may include advertisements. To help make the advertisements relevant and useful to you, the Straight Forward Listings Companies may serve advertisements based on information we collect through the Services. See our Privacy Policy for more details.

A. Straight Forward Listings, Inc.

Straight Forward Listings, Inc. may hold real estate broker licenses in certain jurisdictions. However, unless otherwise specified in your Product’s Terms, Straight Forward Listings, Inc. assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction taken by you or any consumer based on the Services or information made available through or in connection with the Services.

2. Straight Forward Listings Brands and Businesses

We operate the following affiliated brands. Any use of the Services provided by the following affiliated brands is subject to these Terms of Use:

(a) Straight Forward Listings
(b) [Add any other affiliated brands here as applicable—if none, this line can be removed]

Services offered by each of these companies may also be subject to additional terms of use as outlined on their respective websites, networks, mobile applications, or platforms.

A. Affiliated Business Relationship Notice

This is to give you notice of business relationships among the following providers. Straight Forward Listings, Inc. (“SFL”); Straight Forward Listings Home Loans, LLC; Straight Forward Closing Services; and any affiliated real estate service companies may refer you to one another’s services.

These companies may be directly or indirectly owned or controlled by Straight Forward Listings Group, Inc. or its subsidiaries. Because of these relationships, referrals made between any of the Straight Forward Listings Companies may result in a financial or other benefit to the referred company, its parent, and/or employees.

B. Straight Forward Listings Marketplace and Straight Forward Listings Home Loans

Except for Straight Forward Listings Home Loans, LLC (“SFLL”), the Straight Forward Listings Companies do not provide or utilize any information for use in loan-related decisions, and you acknowledge and agree not to use any information obtained from Straight Forward Listings Marketplace or any other Straight Forward Listings Companies’ Services for loan-related decisions.

If you choose to engage with SFLL, you will be subject to SFLL’s separate Product’s Terms. You can find more information about SFLL’s mortgage lending services at [insert appropriate URL or remove if not applicable].

3. Eligibility; Accounts and Registration

You must be at least 18 years of age to use the Services. By agreeing to these Terms of Use, you represent and warrant that:

(a) you are at least 18 years of age;
(b) you have not previously been suspended or removed from the Services; and
(c) your registration and your use of the Services complies with all applicable laws and regulations.

To access some features of the Services, you may be required to register for an account and agree to a Product’s Terms, to the extent applicable to that service, which may be incorporated herein or available on a separate Straight Forward Listings Companies site.

When you register for an account you will be asked to provide us with some information about yourself, such as your email address, phone number, or other contact details. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times.

When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others.

Unless you have entered into a commercial agreement with us permitting you to use the Services for transactions on behalf of another person, you may use the Services only for transactions on your own behalf.

4. Use of the Services; Restrictions

A. Use of the Services

As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services and to download and use any App (as defined in Section 4(B)) on your mobile device in object code form, for your personal use.

If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client.

Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display, or provide access to any portion of the Services on third-party websites or otherwise.

The Services may not be used for transactions in commercial real estate, including but not limited to commercially zoned properties and vacation rentals.

B. Mobile Applications

To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device.

You may use mobile data in connection with an App and may incur additional charges from your wireless provider. You agree that you are solely responsible for any applicable charges.

We may update any App and may automatically electronically update the version of any App installed on your mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App.

Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator. These Terms of Use do not apply to your use of software obtained from a third-party under an open source license.

C. Use of Content

Subject to the restrictions in these Terms of Use, you may copy information from the Services without the aid of any automated processes and only as necessary for your personal or Pro Use to view, save, print, fax, and/or e-mail such information.

Notwithstanding the foregoing, any aggregate-level data provided by Straight Forward Listings (“Aggregate Data”) may be used for non-personal uses (e.g., real estate market analysis). You may display and distribute derivative works of the Aggregate Data (e.g., graphs), only if Straight Forward Listings Companies are cited as the source on every page where the data is displayed, including “Data Provided by Straight Forward Listings Group.”

Such citation may not include any of our logos without our prior written approval or imply any relationship between you and Straight Forward Listings beyond data sourcing. You are prohibited from displaying any other Straight Forward Listings Companies’ data without prior written approval.

5. Prohibited Use

BY USING THE SERVICES, YOU AGREE NOT TO:

Reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted;
Provide or link to the Services from third-party sites not related to real estate or lending;
Remove or alter any copyright or proprietary notices;
Use the Services unlawfully or in a manner that harms Straight Forward Listings Companies or others;
Use the Services to discriminate, harass, or promote illegal or discriminatory content;
Display buyer agent compensation offers on or through the Services, including specific rates or percentages;
Distribute spam, chain letters, or pyramid schemes;
Impersonate another individual or misrepresent your affiliation;
Reproduce or display reviews, ratings, listings, or profile content from the Services without permission;
Upload viruses, malware, or any harmful software;
Post or share illegal, offensive, or objectionable content;
Compromise the security of the Services or attempt to bypass access controls;
Scrape or perform automated queries without authorization;
Use Straight Forward Listings’ trademarks inappropriately;
Use the Services to develop competing products or services;
Or assist or encourage others in any of the above.
Fees.

A. Generally. You may be required to pay fees to access certain features of the Services. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of any of the Services, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Services to you. Our authorized third-party payment processors will charge the payment method you specified at the time of purchase or as agreed to as part of the selected Service. You authorize us to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

B. Subscriptions. The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. Unless otherwise stated in your Product’s Terms, you may cancel a Subscription Service through the settings page in your account, by contacting us at co**********@*********************gs.com, or, if applicable, by contacting your business consultant.

User Materials.

A. UGC Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide Straight Forward Listings images, photos, video, data, text, listings, and other content (“User Materials”). Absent any additional terms provided in your Product’s Terms, by uploading or otherwise providing User Materials to the Services, you grant us an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. We will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. We may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Straight Forward Listings and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use. We will not use client contact information that is uploaded by agents into the Straight Forward Listings Agent Hub portal for any purpose, unless that client contact information is otherwise provided to us directly by the client.

B. UGC Disclaimer. We are under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. We may, however, at any time and without prior notice, screen, remove, edit, or block any User content on the Services, including User Materials, that in our sole judgment violates these Terms of Use or we find otherwise objectionable, including any violation of our Good Neighbor Policy, described in Section 13(B). You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against us with respect to User Materials. We expressly disclaim any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, we may investigate the allegation and determine in our sole discretion whether to remove those User Materials, which we reserve the right to do at any time and without notice. For more information on our handling of infringing content, please see Section 11 below.

A. Privacy Policy. Straight Forward Listings will collect, use, store, and disclose personal information in accordance with our Privacy Policy. Please consult your Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.

B. Other Terms. Your use of the Services is subject to all additional guidelines, rules, Product Terms, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services, including, without limitation, the Good Neighbor Policy, the Listing Quality Policy, the Self-Tour Terms and Conditions, the Rentals User Terms, the Respectful Renting Pledge, the 3D Home Terms and Guidelines, and the Video Walkthrough Guidelines. If you are a non-affiliated Third-Party Provider who has created an industry professional account with Straight Forward Listings, you are subject to the NMLS Data Terms. Additionally, if you are a non-affiliated Third-Party Provider who participates in any Services offered by Straight Forward Listings Marketplace, Inc. you are also subject to the Straight Forward Listings Market Place, Inc.’s Lender Terms of Use. All such terms are incorporated into, and made a part of, these Terms of Use.

Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL STRAIGHT FORWARD LISTINGS OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF STRAIGHT FORWARD LISTINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRAIGHT FORWARD LISTINGS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; OR (VII) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF STRAIGHT FORWARD LISTINGS AND ANY OF OUR AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER UNDER CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO STRAIGHT FORWARD LISTINGS FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; OR (2) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

Indemnification. You agree to indemnify, defend, and hold harmless Straight Forward Listings, our affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services using your account and password. Straight Forward Listings reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with Straight Forward Listings’ defense of that claim.

No Warranties. STRAIGHT FORWARD LISTINGS PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRAIGHT FORWARD LISTINGS AND OUR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. STRAIGHT FORWARD LISTINGS AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY STRAIGHT FORWARD LISTINGS ENTITY OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND STRAIGHT FORWARD LISTINGS MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHER OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.