- Permissible Use. Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., posting a home for sale). The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, commercially zoned properties, timeshares, and vacation rentals. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise 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.
- Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:
- Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from Great Percent. As a limited exception, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services’ Web pages, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users.
- If you, as a consumer, choose to list your property; accept an offer from a real estate agent; or contact a real estate agent, through the Services, you authorize Great Percent to provide your name, address and contact information and other identifying information you provide to the real estate agent you choose. Further, you acknowledge that, by submitting your listing or accepting an offer from a real estate agent, you may receive telephone calls or electronic communications from or on behalf of the real estate agent at the telephone number(s) you provide.
- Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to Great Percent in connection with the Services or related to the Services (your “Submission”), you grant Great Percent an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Great Percent will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Great Percent may remove or modify your Submission at any time and for any reason. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Great Percent the rights in this paragraph, that Great Percent’s use of the Submission will not infringe any third party rights and that the Submission complies with Sections 1 and 2 above. You are solely responsible for all Submissions made through your user account(s) on the Services or that you otherwise make available through the Services.
- You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Great Percent may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Section for more details.
- The Role of Great Percent; Disclaimer. Great Percent is not a licensed real estate broker or agent in any state and does not broker real estate transactions. Great Percent does not act as a real estate agent for you or any other user. Great Percent does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, Great Percent does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Great Percent does not and is not responsible for and makes no warranties or representations pertaining to the any real estate agent hired through the Services. Great Percent does not endorse or recommend the products of any particular real estate agent or third party service provider, unless explicitly recommended or endorsed. Nothing contained in the Services is an offer to sell your property. Only a licensed real estate professional can offer to sell your property. Great Percent is not an agent of either any consumer or any real estate agent. Great Percent is only providing an administrative service to consumers and participating real estate agents. Great Percent assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services, including and any other information available there.
- Great Percent is free to consumers, except in the case of a re-bid of a property. For real estate professionals, the service fees we charge for using our Services are based on a formula described on the bid page. And further described in the FAQ’s. We may change our fees from time to time. By submitting your bid, you agree to the fees charged.
- Payments. Real estate agents must have a payment method on file when bidding or using the Services and pay all fees and applicable taxes associated with our Services by the payment due date, which is typically when a bid is accepted. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel. In addition, you will be subject to late fees equal to two (2%) percent per month (up to the maximum amount permissible by law) and collections fees or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. To protect Great Percent from risk of non-payment, a hold may be placed on your payment method to secure your payment for a winning bid.
- Participating Real Estate Agents. The real estate agents participating on the Services are solely responsible for their services to consumers. Great Percent shall not be liable for any damages or costs of any type arising out of or in any way connected with any consumers’ use of the Services, or the services offered by real estate agents. Great Percent is not responsible for any errors, misrepresentations or delays caused by consumers or any real estate agents in the selling process. Great Percent reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any real estate agent or other user from the Services. When an individual real estate agent applies to use the Services, Great Percent uses commercially reasonable efforts to confirm the real estate agents license (in the states claimed in the agent profile) and/or employment with a selling institution. However, consumers should confirm credentials if they choose to hire an agent. Real estate agents pay a fee to Great Percent to use the Services. Such fees are not considered part of the real estate transaction.
- Linked Materials and Third-Party Materials. The Services include links to third-party products, services and websites, as well as materials provided by third parties. Great Percent does not endorse, and takes no responsibility for such products, services, websites, and materials. You understand that Great Percent has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Great Percent takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
- Claims of Copyright Infringement. Great Percent respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Great Percent’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it;
- Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
- A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notices of copyright infringement claims should be sent as follows:
Great Percent Real Estate, LLC.
733 Route 70 East, Suite 304
By e-mail: DMCA to email@example.com
By facsimile: (856) 931-1508
If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
- NO WARRANTY. LESS PERCENT 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, LESS PERCENT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. LESS PERCENT 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.
- You release Great Percent, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
— Updated May 3, 2016