First and foremost, thank you for using BrokerZero.
But let's drop the formalities for a moment. We're always excited to have new people come to our website. In particular, to be graced by someone with not just a graduate degree, but a J.D. (why else would you read the T’s & C’s?)... well, we are honored, your honor (unless you are here to sue us). In the spirit of “if you can't beat 'em, join 'em,” we're always in the market for talent... so please email us your CV.
Without further ado, the Terms! Hopefully, you'll enjoy our wistful, meandering thoughts regarding liability, privacy, and other relevant yada yada (“yada yada” as defined in the 153rd episode of the American sitcom Seinfeld). Enjoy!
Please commit the following to memory (or, at a minimum, read) these Terms before using our Service. By continuing to use BrokerZero, you agree to abide by the terms and conditions of this User Agreement. Oh, and a sense of humor is not be a prerequisite to using this site, but it certainly would increase your enjoyment. Unlike Disneyland, we have no minimum height requirement either.
We reserve the right to change, modify, or wordsmith the Terms at any time (even after sundown!) without notice. And you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted to the web site. The most current version of the User Agreement can be viewed at any time at BrokerZero.com/terms. If you can't locate the Terms there, please give us a shout because our host servers must be down. Hey, wait a second, what are you doing reading this if our servers are down?
All text, files, images, photos, video, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the property of BrokerZero, unless otherwise noted. We do not make any warranties or representations regarding the accuracy, comprehensiveness, timeliness, or “kosherness” of the Content. If you rely on this Service, you do so solely at your own risk.
Content available through the Service may contain links to other websites, which are completely independent of BrokerZero. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other web sites is at your own risk, much like bungee jumping.
We respect your intellectual property and, likewise, we appreciate that you respect our intellectual property. Our Service is protected to the maximum extent permitted by copyright laws and international treaties.
If you submit listing information to BrokerZero, you give BrokerZero a non-exclusive worldwide, royalty-free, sublicensable, transferable license to utilize all copyright rights now in existence or that may arise in the future with respect to your content, in any medium that now exists or may arise in the future, as well as to do anything else that is reasonably appropriate to our Service and its use of your content (including, but not limited to, use of your address and name in association with your content to identify you as the contributor). The license has no restriction as to the medium, dissemination method, type of Service we may offer, or the type of systems or products that may be used in conjunction with your content.
This license shall remain in effect for so long as your content is available on BrokerZero. You are free to remove or delete your content at any time, in which case this license shall terminate after a commercially reasonable period of time, except for listing details, the license to which is perpetual and irrevocable. You understand and agree, however, that BrokerZero may retain, but not display or distribute, server copies of your content.
You represent that you have all of the necessary rights to grant this license to BrokerZero for all content you submit.
As Justice O'Connor concludes, “the sine qua non of copyright is originality.” There might be a spark or two of creativity and originality here, but try to cite Feist Publications vs Rural Telephone Service if you want to heavily borrow our creative works. You probably won't win though since BrokerZero's FSBO Guide ain't no phone directory.
We believe the security of our users is important. While we work hard to protect the security of your content and account, BrokerZero cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. For accounts created on behalf of a client, you are responsible for ensuring that only authorized individuals have access to the account.
“What's in a name? That which we call a rose
By any other name would smell as sweet.” Shakespeare, William, "Romeo and Juliet"
But your name does matter. And so does your mailing address or else we wouldn't be able to send you snail mail.
Like you, we hate spam. Thus, BrokerZero will not sell, rent or share your personal information, including your e-mail address, with any third parties for marketing purposes without your express permission. BrokerZero may share your personal information for the purpose of delivering our e-mail to you, syndicating your listing, responding for a request in our marketplace or as required by law.
As Warren Buffett says, “It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently.” Agreed!
The Service and all included content are provided on an “as is” basis without warranty of any kind, whether expressed or implied.
BrokerZero takes no responsibility and assumes no liability for any user content that you or any third party posts or transmits using our Service. You understand and agree that you may be exposed to user content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
BrokerZero is not a licensed real estate agent. We do not represent buyers and/or sellers in any way. The Service is provided solely as a forum and technical interface that may connect homesellers with locally licensed real estate agents, brokers, other home-related service providers, and prospective buyers. BrokerZero does not provide any real estate, appraisal or home-related services, and, as such, does not hold ourselves out as being licensed to perform any such services. We not make any assurance as to the timeliness or accuracy of information provided by any home-related service provider including any home appraisal, or other related follow up. Furthermore, if the requesting homeseller submits incomplete or inaccurate information, or if the completion of a home evaluation is in conflict with real estate rules, laws or best practices, then an evaluation may not be provided to the requesting homeseller.
The contents of this Site, such as text, graphics, images, services and other material contained on the web site is provided by BrokerZero for informational purposes only. Nothing contained in the Service or content is intended to be real estate advice. The real estate information furnished on BrokerZero is not intended to be complete, to suggest or recommend a course of action, or to replace personal consultation with a qualified real estate professional. Always seek the advice of a real estate attorney or other qualified provider with any questions you may have regarding your real estate listing. Never disregard, avoid or delay obtaining professional real estate advice because of something you have read on this Site.
Reliance on any information provided by BrokerZero or others appearing on this Site is solely at your own risk.
You agree to defend, indemnify and hold harmless BrokerZero, including officers, employees, and affiliates from ANY LIABILITY to any party (a) for any consequential or incidental damages of any kind, including, without limitation, lost or foregone revenue, adversely impacted business, loss of data, arising from the use of, reliance on, or metaphysical use of the web site, email or other content; or (b) for any claim attributable to the errors or omissions in this web site. Any claim against us shall be limited to the amount you paid over the past three months, if any, for use of this Service. This defense and indemnification obligation will survive any termination of this User Agreement or your access to the Services.
Our Service is controlled and operated from the United States of America, and we make no representations that it is appropriate or available for use in other locations.
This Agreement shall be governed by the Federal laws of the United States and laws of the State of California, applicable to agreements made and to be performed therein without regard to conflict of laws principles. By continuing to use this Service, you agree to abide by the Terms of this User Agreement.
Last updated: June 30, 2014.