Definitions of Terms
"Parcelion" means Parcelion, the Internet real estate service operated by Parcelion Corporation, a California corporation.
"Agent" or "Real Estate Agent" means a real estate broker, salesperson, agent, associate broker, or similar state licensed real estate professional.
"Buyer" or "Home Buyer" means a person who is buying or considering purchasing a property.
"Seller" or "Home Seller" means a person who is selling or considering the sale of a property.
"Consumer Home Feedback" is a feature on the Parcelion Website where Clients can post comments about properties for sale on the Parcelion Website.
"Community" is a feature on the Parcelion Website where Clients and certain Parcelion Agents and employees can ask and answer questions and post comments on topics relating to residential real estate.
"Consumer Comment Features" means the Consumer Home Feedback feature together with the Community feature on the Parcelion Website.
"Prospective Purchaser or Seller" is an individual that expressed an immediate and genuine interest in the sale or purchase of real property.
"User" or "Users" means a person/s who is/are either a Buyer or a Seller who accesses the Website and/or otherwise utilizes the services of Parcelion.
"Website" means the Parcelion Internet website currently located at the URL address www.Parcelion.com.
1. Registration. To register as a Client, the User must be eighteen (18) years of age or older.
2. Use of Website. Users of the Parcelion Website agree to the following:
2.1 The User must be a prospective purchaser or seller of real property in the geographic areas where Parcelion is licensed and operating with a bona fide interest in the purchase or sale of such real property.
2.2 The User must (a) provide true, accurate, and current information; (b) maintain and update this information and ensure that it remains true, accurate, and current. By registering, the User consents to receive personalized emails, telephone calls and/or faxes from Parcelion.
2.3 Any User that holds any type of real estate license, including, but not limited to a brokers, associate brokers or salespersons license must immediately advise Parcelion by telephone, facsimile, email or chat before that User may access any password protected material including house listing data or other data compilations. Parcelion reserves the right to deny or terminate access to any Real Estate Agent at its discretion.
3. Client Agreements and Representations. Parcelion Clients agree to the following:
3.1 Client agrees to provide his/her own access to the World Wide Web and pay any fees associated with such access.
3.2 Client represents and warrants that he/she has not signed any agreement with a real estate broker or agent that would prevent the Client from using Parcelion as his or her sole and exclusive agent. Client does not have a contract or agreement with any third party that would interfere with Parcelion's representation of Client.
3.3 Client agrees to limit their online search to houses or properties within their anticipated purchase ability or price range and to the properties that meet their other criteria.
3.4 Client agrees that he or she will not contact the owner/seller of any property from information gained through the Website. The Client will not attempt to enter the property or speak with an owner/seller without an appointment set by Parcelion.
3.5 Client agrees to abide by all copyright restrictions placed on the content of the Parcelion Website including, but not limited to, any material or data compilations where Parcelion or others hold the copyright.
3.6 The Client agrees that Broker may also represent other prospective buyers seeking to purchase properties that may meet Client's criteria.
3.7 Client authorizes Parcelion to review and provide copies of various documents in the transaction to the Client. This includes, but is not limited to, home inspection reports and closing papers.3.8 Client agrees to immediately notify Parcelion in the event that the Client enters into agreement with another broker.
4. Home Data. All home data provided is for the personal, sole and private, non-commercial use of the Client and not available for redistribution, retransmission or copying. The Client may not sell or use the Website data for any purpose, other than the purpose of attempting to evaluate houses or properties for sale, purchase, new construction, rebuild or remodel. 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.
5. Termination. Parcelion reserves the right to terminate User and/or Client access to the Website and/or cease doing business with any person who uses profanity, obscenity, vulgarity or offensive, threatening, unlawful, harmful, harassing, tortious, defamatory, libelous, invasive, hateful, abusive or otherwise objectionable language, behavior or conduct in any manner towards any Parcelion Agent, employee, agent, contractor or customer, on the Website, in emails, in telephone conversations or messages, in writing, or in person. Additionally, Parcelion reserves the right to refuse to do business with any person in Parcelion's discretion, consistent with local, state and federal fair housing and other laws.
7. Website Content. Parcelion provides a variety of information and a number of features on its Website to assist you. The Consumer Home Feedback is a feature on the Parcelion Website where Clients can post comments about properties for sale. While these Client comments are available in the Consumer Home Feedback to those wishing to view them, Client comments do not reflect Parcelion's opinion nor does Parcelion endorse or guarantee the accuracy of Client comments in any such posting. Clients should be aware that Parcelion does not contribute to the Client content contained in the Consumer Home Feedback, and only offers the Consumer Home Feedback as a forum for discussion among third parties.
The Community is an online community on the Parcelion Website where Clients and certain Parcelion Agents and employees can ask and answer questions or post comments on topics relating to residential real estate. While Client comments are available in the Community to those wishing to view them, Client comments do not reflect Parcelion's opinion nor does Parcelion endorse or guarantee the accuracy of Client comments in any such Client posting.
8. Website Content Submission.
8.2 You also agree that you shall not post any information or content:
a. that is known by you to be false, inaccurate or misleading;
b. that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, fair housing or false advertising);
d. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
e. for which you were compensated or granted any consideration by any third party;
f. that includes any information that references addresses, email addresses, contact information or phone numbers, except as expressly permitted in the Consumer Comment Guidelines;
g. or that contains any computer viruses, worms or other potentially damaging computer programs or files.
9. Client Opt Out. Parcelion Clients who do not want their properties to be linked to the Parcelion Consumer Home Feedback feature can opt out of having this link shown for their property by taking the following steps: Send an email to clientratings@Parcelion.com and state that you do not want your listing to be eligible for Consumer Home Feedback.
11. No Warranty.
PARCELION PROVIDES THE PARCELION DATA, PARCELION BRAND AND LINKS "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, PARCELION AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PARCELION AND ITS 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.
Parcelion disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
12. LIABILITY LIMITATION; EXCLUSIVE REMEDY.
To the extent permitted by applicable law, neither Parcelion nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to Client, User or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this service or inability to gain access to or use this service or out of any breach of any warranty, even if Parcelion has been advised of the possibility of such damages.
17. Digital Millennium Copyright Act procedures.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including its location on the site;
• Your address, phone number, and email address so that we may contact you;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, under penalty of perjury, that (a) the information in the notification is accurate, and (b) you are the owner of the copyright or other intellectual property or authorized to act on behalf of the owner.
Parcelion's Agent for notice of claims of copyright or other intellectual property infringement may be reached in the following ways:
By mail: Parcelion Inc., 3777 Stevens Creek Blvd., Suite # 420, Santa Clara, CA, USA
By email: email@example.com
New Jersey customers:
CONSUMER INFORMATION STATEMENT ON NEW JERSEY REAL ESTATE RELATIONSHIPS
In New Jersey, real estate licensees are required to disclose how they intend to work with buyers and sellers in a real estate transaction. (In rental transactions, the terms "buyers" and "sellers" should be read as "tenants" and "landlords," respectively.)
1. AS A SELLER'S AGENT OR SUBAGENT, I, AS A LICENSEE, REPRESENT THE SELLER AND ALL MATERIAL INFORMATION SUPPLIED TO ME BY THE BUYER WILL BE TOLD TO THE SELLER.
2. AS A BUYER'S AGENT, I, AS A LICENSEE, REPRESENT THE BUYER AND ALL MATERIAL INFORMATION SUPPLIED TO ME BY THE SELLER WILL BE TOLD TO THE BUYER.
3. AS A DISCLOSED DUAL AGENT, I, AS A LICENSEE, REPRESENT BOTH PARTIES. HOWEVER, I MAY NOT, WITHOUT EXPRESS PERMISSION, DISCLOSE THAT THE SELLER WILL ACCEPT A PRICE LESS THAN THE LISTING PRICE OR THAT THE BUYER WILL PAY A PRICE GREATER THAN THE OFFERED PRICE.
4. AS A TRANSACTION BROKER, I, AS A LICENSEE, DO NOT REPRESENT EITHER THE BUYER OR THE SELLER. ALL INFORMATION I ACQUIRE FROM ONE PARTY MAY BE TOLD TO THE OTHER PARTY.
Before you disclose confidential information to a real estate licensee regarding a real estate transaction, you should understand what type of business relationship you have with that licensee.
There are four business relationships: (1) seller's agent; (2) buyer's agent; (3) disclosed dual agent; and (4) transaction broker. Each of these relationships imposes certain legal duties and responsibilities on the licensee as well as on the seller or buyer represented. These four relationships are defined in greater detail below. Please read carefully before making your choice.
A seller's agent WORKS ONLY FOR THE SELLER and has legal obligations, called fiduciary duties, to the seller. These include reasonable care, undivided loyalty, confidentiality and full disclosure. Seller's agents often work with buyers, but do not represent the buyers. However, in working with buyers a seller's agent must act honestly. In dealing with both parties, a seller's agent may not make any misrepresentation to either party on matters material to the transaction, such as the buyer's financial ability to pay, and must disclose defects of a material nature affecting the physical condition of the property which a reasonable inspection by the licensee would disclose. Seller's agents include all persons licensed with the brokerage firm which has been authorized through a listing agreement to work as the seller's agent. In addition, other brokerage firms may accept an offer to work with the listing broker's firm as the seller's agents. In such cases, those firms and all persons licensed with such firms are called "sub-agents." Sellers who do not desire to have their property marketed through sub-agents should so inform the seller's agent.
A buyer's agent WORKS ONLY FOR THE BUYER. A buyer's agent has fiduciary duties to the buyer which include reasonable care, undivided loyalty, confidentiality and full disclosure. However, in dealing with sellers a buyer's agent must act honestly. In dealing with both parties, a buyer's agent may not make any misrepresentations on matters material to the transaction, such as the buyer's financial ability to pay, and must disclose defects of a material nature affecting the physical condition of the property which a reasonable inspection by the licensee would disclose. A buyer wishing to be represented by a buyer's agent is advised to enter into a separate written buyer agency contract with the brokerage firm which is to work as their agent.
DISCLOSED DUAL AGENT
A disclosed dual agent WORKS FOR BOTH THE BUYER AND THE SELLER. To work as a dual agent, a firm must first obtain the informed written consent of the buyer and the seller. Therefore, before acting as a disclosed dual agent, brokerage firms must make written disclosure to both parties. Disclosed dual agency is most likely to occur when a licensee with a real estate firm working as a buyer's agent shows the buyer properties owned by sellers for whom that firm is also working as a seller's agent or subagent.
A real estate licensee working as a disclosed dual agent must carefully explain to each party that, in addition to working as their agent, their firm will also work as the agent for the other party. They must also explain what effect their working as a disclosed dual agent will have on the fiduciary duties their firm owes to the buyer and to the seller. When working as a disclosed dual agent, a brokerage firm must have the express permission of a party prior to disclosing confidential information to the other party. Such information includes the highest price a buyer can afford to pay and the lowest price a seller will accept and the parties' motivation to buy or sell. Remember, a brokerage firm acting as a disclosed dual agent will not be able to put one party's interests ahead of those of the other party and cannot advise or counsel either party on how to gain an advantage at the expense of the other party on the basis of confidential information obtained from or about the other party.
If you decide to enter into an agency relationship with a firm which is to work as a disclosed dual agent, you are advised to sign a written agreement with that firm.
The New Jersey Real Estate Licensing Law does not require licensees to work in the capacity of an "agent" when providing brokerage services. A transaction broker works with a buyer or a seller or both in the sales transaction without representing anyone. A TRANSACTION BROKER DOES NOT PROMOTE THE INTERESTS OF ONE PARTY OVER THOSE OF THE OTHER PARTY TO THE TRANSACTION. Licensees with such a firm would be required to treat all parties honestly and to act in a competent manner, but they would not be required to keep confidential any information. A transaction broker can locate qualified buyers for a seller or suitable properties for a buyer. They can then work with both parties in an effort to arrive at an agreement on the sale or rental of real estate and perform tasks to facilitate the closing of a transaction. A transaction broker primarily serves as a manager of the transaction, communicating information between the parties to assist them in arriving at a mutually acceptable agreement and in closing the transaction, but cannot advise or counsel either party on how to gain an advantage at the expense of the other party. Owners considering working with transaction brokers are advised to sign a written agreement with that firm which clearly states what services that firm will perform and how it will be paid. In addition, any transaction brokerage agreement with a seller or landlord should specifically state whether a notice on the property to be rented or sold will or will not be circulated in any or all Multiple Listing System(s) of which that firm is a member.
YOU MAY OBTAIN LEGAL ADVICE ABOUT THESE BUSINESS RELATIONSHIPS FROM YOUR OWN LAWYER.
THIS STATEMENT IS NOT A CONTRACT AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
THIS IS NOT A CONTRACT
Pennsylvania law requires real estate brokers and salespersons (licensees) to advise consumers who are seeking to sell or purchase residential or commercial real estate or tenants who are seeking to lease residential or commercial real estate where the licensee is working on behalf of the tenant of the business relationships permitted by the real estate licensing and registration act. This notice must be provided to the consumer at the first contact where a substantive discussion about real estate occurs unless an oral disclosure has been previously provided. If the oral disclosure was provided, this notice must be provided at the first meeting or the first time a property is shown to the consumer by the broker or salesperson.
Before you disclose any information to a licensee, be advised that unless you select an agency relationship the licensee is NOT REPRESENTING YOU. A business relationship of any kind will NOT be presumed but must be established between the consumer and the licensee.
Any licensee who provides you with real estate services owes you the following duties:
• Exercise reasonable professional skill and care which meets the practice standards required by the Act.
• Deal honestly and in good faith.
• Present, in a reasonably practicable period of time, all offers, counteroffers, notices, and communications to and from the parties in writing. The duty to present written offers and counteroffers may be waived if the waiver is in writing.
• Comply with Real Estate Seller Disclosure Act.
• Account for escrow and deposit funds.
• Disclose all conflicts of interest in a reasonably practicable period of time.
• Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions.
• Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise.
• Keep the consumer informed about the transaction and the tasks to be completed.
• Disclose financial interest in a service, such as financial, title transfer and preparation services, insurance, construction, repair or inspection, at the time service is recommended or the first time the licensee learns that the service will be used.
A licensee may have the following business relationships with the consumer:
Seller agency is a relationship where the licensee, upon entering into a written agreement, works only for a seller/ landlord. Seller's agents owe the additional duties of:
• Loyalty to the seller/landlord by acting in the seller's/landlord's best interest.
• Confidentiality, except that a licensee has a duty to reveal known material defects about the property.
• Making a continuous and good faith effort to find a buyer for the property, except while the property is subject to an existing agreement.
• Disclosure to other parties in the transaction that the licensee has been engaged as a seller's agent.
A seller's agent may compensate other brokers as subagents if the seller/landlord agrees in writing. Subagents have the same duties and obligations as the seller's agent. Seller's agents may also compensate buyer's agents and transaction licensees who do not have the same duties and obligations as seller's agents.
If you enter into a written agreement, the licensees in the real estate company owe you the additional duties identified above under seller agency. The exception is designated agency. See the designated agency section in this notice for more information.
Buyer agency is a relationship where the licensee, upon entering into a written agreement, works only for the buyer/tenant. Buyer's agents owe the additional duties of:
• Loyalty to the buyer/tenant by acting in the buyer's/tenant's best interest.
• Confidentiality, except that a licensee is required to disclose known material defects about the property.
• Making a continuous and good faith effort to find a property for the buyer/tenant, except while the buyer/tenant is subject to an existing contract.
• Disclosure to other parties in the transaction that the licensee has been engaged as a buyer's agent.
A buyer's agent may be paid fees, which may include a percentage of the purchase price, and, even if paid by the seller/landlord, will represent the interests of the buyer/tenant. If you enter into a written agreement, the licensees in the real estate company owe you the additional duties identified above under buyer agency. The exception is designated agency. See the designated agency section in this notice for more information.
Dual agency is a relationship where the licensee acts as the agent for both the seller/landlord and the buyer/tenant in the same transaction with the written consent of all parties. Dual agents owe the additional duties of:
• Taking no action that is adverse or detrimental to either party's interest in the transaction.
• Unless otherwise agree to in writing, making a continuous and good faith effort to find a buyer for the property and a property for the buyer, unless either are subject to an existing contract.
• Confidentiality, except that a licensee is required to disclose known material defects about the property.
In designated agency, the employing broker may, with your consent, designate one or more licensees from the real estate company to represent you. Other licensees in the company may represent another party and shall not be provided with any confidential information. The designated agent(s) shall have the duties as listed above under seller agency and buyer agency.
In designated agency, the employing broker will be a dual agent and have the additional duties of:
• Taking reasonable care to protect any confidential information disclosed to the licensee.
• Taking responsibility to direct and supervise the business activities of the licensees who represent the seller and buyer while taking no action that is adverse or detrimental to either party's interest in the transaction.
The designation may take place at the time that the parties enter into a written agreement, but may occur at a later time. Regardless of when the designation takes place, the employing broker is responsible for ensuring that confidential information is not disclosed.
A transaction licensee is a broker or salesperson who provides communication or document preparation services or performs other acts for which a license is required WITHOUT being the agent or advocate for either the seller/landlord or the buyer/tenant. Upon signing a written agreement or disclosure statement, a transaction licensee has the additional duty of limited confidentiality in that the following information may not be disclosed:
• The seller/landlord will accept a price less than the asking/listing price.
• The buyer/tenant will pay a price greater than the price submitted in a written offer.
• The seller/landlord or buyer/tenant will agree to financing terms other than those offered.
Other information deemed confidential by the consumer shall not be provided to the transaction licensee.
OTHER INFORMATION ABOUT REAL ESTATE TRANSACTIONS
The following are negotiable and shall be addressed in an agreement/disclosure statement with the licensee:
• The duration of the employment, listing agreement or contract.
• The fees or commissions.
• The scope of the activities or practices.
• The broker's cooperation with other brokers, including the sharing of fees.
Any sales agreement must contain the zoning classification of a property except in cases where the property is zoned solely or primarily to permit single family dwellings.
Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud,
misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658.
Fees and Registration Requirements for Real Estate Professionals
Parcelion offers services targeted to Real Estate Professionals. To receive these services, Real Estate Professionals must accurately complete a registration for a desired service and agree to payment obligations for such service.
Payment of Charges
A. On Time Payment
A Real Estate Professional is expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. In certain cases, a non-refundable setup fee may be charged before the account will be enabled. Parcelion may terminate or disable Real Estate Professional's account if Real Estate Professional fails to pay any amount due to Parcelion when due. If the credit card expires or otherwise declines payment, access to Parcelion can be modified or suspended. If payment is more than thirty (30) calendar days past due, interest will be charged on the unpaid balance at the lower of (a) an additional 15% of the balance, or 1.5% per month whichever is larger, or (b) the maximum allowable by law. The entire amount of unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. The Real Estate Professional shall pay all costs of collection, including legal fees, incurred by Parcelion. Each time Parcelion services are used, the Real Estate Professional affirms that Parcelion is authorized to obtain payment from Real Estate Professional through the selected payment method. All fees are quoted and payable in United States dollars. The Real Estate Professional is also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to Parcelion including Charges incurred on your account by the Real Estate Professional, or anyone the Real Estate Professional allows to use the Real Estate Professional's account.
B. Payment Methods
Real Estate Professional’s complete billing address and telephone number must be provided to process payments. Parcelion accepts major credit cards including Visa and MasterCard and for some Charges may accept bank drafts including personal checks, money orders, cashiers checks, and company checks. However, for non-credit card payment methods Parcelion may not credit the applicable Membership account until additional procedures are completed and after the bank certifies receipt of funds - typically ten (10) business days. Parcelion may charge a twenty-five dollar ($25.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
C. Account Discrepancies
A Real Estate Professional may always contact Parcelion customer relations by e-mail or telephone concerning Charges or other questions regarding the status of a Membership account. If Real Estate Professional disputes any charges made or believes that there is a discrepancy with respect to traffic delivered by Parcelion, Real Estate Professional must notify Parcelion in writing within 30 days from the date of the charge; failure to so notify Parcelion shall result in the waiver by Real Estate Professional of any claim relating to any such disputed charge or discrepancy.
Obligations of Real Estate Professionals Registered with Parcelion
By completing your registration with Parcelion.com as a Real Estate Professional, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the Parcelion services;
b. All information you submit to Parcelion or pursuant to a Parcelion service is accurate and complete and that you will maintain and promptly update such Profile, Proposal(s), Bid(s), Endorsement(s) or other Information supplied to Parcelion or to Users to ensure accuracy at all times;
c. You are an individual person (not a company or other association);
d. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate licensing and regulatory requirements applicable to real estate agents in the areas for which you have requested Parcelion service;
e. You agree to be contacted via Email by Parcelion, and third parties if relevant, regarding Parcelion's services;
f. You will not use or attempt to use any facility provided by Parcelion wholly or partly in order to provide you with Information concerning the commissions, fees, prices, or other terms offered by other Real Estate Agents;
g. You will not refer Parcelion supplied leads to any other person;
h. You have secured and will maintain any required supervising broker's authorization and payment of a fee that will be incurred by virtue of your use of this Parcelion service, if you are a licensed real estate salesperson, broker associate or other non-supervising broker real estate professional legally permitted to conduct or participate in certain real property transactions in your state of residence or employment but subject to broker oversight;
i. You hereby grant Parcelion permission to e-mail or display your Profile and such other information as may be supplied by you to Parcelion on or from Parcelion's website (www.Parcelion.com) and such other partner and affiliate websites as Parcelion shall deem advisable in its sole determination for marketing purposes;
Parcelion offers Real Estate Professionals the ability to upload his/her listings for display on the Parcelion and other websites. Parcelion makes no warranty or representation with respect to exposure or display of such listings or with respect to any traffic or client click through for such listings.
Unless otherwise agreed in a writing signed by Parcelion, by submitting or approving for posting content, photos, video, data or other materials directly through the Parcelion web site (collectively, "Materials"), you hereby grant to Parcelion a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sub-licensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers. You further grant to Parcelion a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the Materials.
The Parcelion web site may offer forums, blogs, comments areas, bulletin boards and chat rooms (collectively, "Forums") that are intended to provide users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. Parcelion does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. For those blogs that you manage or control through the Parcelion web site, You, the Real Estate Professional, are solely responsible for all content, including comments, that are posted in connection with your blog. Do not use or allow vulgar, abusive or hateful language. You may not use or allow the use of the Forums for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Parcelion web site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Any information you disclose when posting a message in these Forums may become public. You should not include any information in your posting that you do not want other parties to see or use and you hereby agree that you will not hold Parcelion responsible for any third party's use of information contained in such posting.
Given the nature of the Parcelion web site and the volume of Materials submitted, Parcelion cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers via the web site, including, without limitation, any Materials posted via the Forums. You expressly agree that Parcelion: (a) will not be liable for Materials; (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you; and (c) shall have the right to terminate or restrict access to any blog on the Parcelion web site.
Representations and Warranties
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the web site shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the web site shall not violate any applicable law or regulation, including, without limitation, any applicable advertising or fair housing laws or regulations, or cause injury to any person; (e) your use of the web site shall not violate any agreements between you and a third party.
You agree to indemnify and hold Parcelion, and its officers, directors, employees, agents, and contractors harmless from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the web site or your reliance on the Content or your use of Parcelion's services, (c) your breach of these Terms, or (d) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
The following is a partial list of the kinds of activities that are prohibited on or through the Parcelion web site: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Site users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Site or for any other unauthorized purpose without Parcelion's prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; (n) decompiling, reverse engineering, or disassembling the Software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Parcelion web site or Parcelion's hardware and software infrastructure or that of any of its Licensors or Suppliers.
Modification Of Parcelion Services
Copyright and Trade Mark Notices
All contents of the Parcelion.com website are Copyright © 1999-2010 Parcelion.com, Inc. and or its suppliers, 3777 Stevens Creek Blvd., Suite # 420, Santa Clara, CA, USA. All rights reserved Parcelion is a registered trademark of Parcelion.com, Inc. Other product and company names may be trade or service marks of their respective owners.
LINK TO REAL ESTATE PROFESSIONAL'S WEBSITE
Real Estate Professionals who register for Parcelion services, agree that Parcelion may link or otherwise drive traffic to that Real Estate Professional's website from time to time in Parcelion's sole discretion.
DISCLAIMERS AND LIMITATIONS
Parcelion intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occurs. In addition, Parcelion may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Parcelion AND/OR ITS SUPPLIERS, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF Parcelion'S SERVICES IS AT YOUR OWN RISK. Parcelion AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Parcelion'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Parcelion AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Parcelion OR Parcelion'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Parcelion'S LIABILITY, AND THE LIABILITY OF Parcelion'S SUPPLIERS, TO YOU, THE REAL ESTATE PROFESSIONAL, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU, THE REAL ESTATE PROFESSIONAL, PAID TO Parcelion IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100, whichever is less. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
ERRORS AND DELAYS
Parcelion is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
DISPUTE RESOLUTION Any claim or controversy arising out of or relating to the use of Parcelion's services, to the goods or services provided by Parcelion, or to any acts or omissions for which you may contend Parcelion is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Alameda County, California. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Parcelion. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Parcelion WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.