Terms of Use


Definitions of Terms
"Access USA Realty, Inc" means Access USA Realty, Inc, the Internet real estate service operated by Access USA Realty, Inc, Inc., a Delaware 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.
"Client" is a User that has completed the registration process and has agreed to these Terms of Use.
"Prospective Purchaser or Seller" is an individual that expressed an immediate and genuine interest in the sale or purchase of real property.
"User" means a person who is either a Buyer or a Seller who accesses the Website and otherwise utilizes the services of Access USA Realty, Inc.
"Website" means the Access USA Realty, Inc Internet website currently located at the URL address www.browardagency.com.

Terms of Use


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 Access USA Realty, Inc Website agree to the following:

 

2.1 The User must be a prospective purchaser or seller of real property in the geographic areas where Access USA Realty, Inc 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 Access USA Realty, Inc.

 

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 Access USA Realty, Inc by telephone, facsimile, email or chat before that User may access any password protected material including house listing data or other data compilations. Access USA Realty, Inc reserves the right to deny or terminate access to any Real Estate Agent at its discretion.

3.

Client Agreements and Representations. Access USA Realty, Inc Clients agree to the following:

 

3.1 Client agrees to provide his/her own access to the World Wide Web ("www") 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 Access USA Realty, Inc as his or her sole and exclusive agent. Client does not have a contract or agreement with any third party that would interfere with Access USA Realty, Inc'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 Access USA Realty, Inc.

 

3.5 Client agrees to abide by all copyright restrictions placed on the content of the Access USA Realty, Inc site including, but not limited to, any material or data compilations where Access USA Realty, Inc, Inc. 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 Access USA Realty, Inc 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 Access USA Realty, Inc 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 or purchase. 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. Access USA Realty, Inc 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 Access USA Realty, Inc employee, agent, contractor or customer, on the Website, in emails, in telephone conversations or messages, in writing, or in person. Additionally, Access USA Realty, Inc reserves the right to refuse to do business with any person in Access USA Realty, Inc's discretion, consistent with local, state and federal fair housing and other laws.

6. Use of Website Content. You may download, view and print a single copy of any other content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to the Access USA Realty, Inc website and any other content appearing on the Access USA Realty, Inc website, will remain the exclusive property of Access USA Realty, Inc and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Access USA Realty, Inc website, or any other content appearing on the Access USA Realty, Inc website. You may not copy or modify the HTML code used to generate web pages on the Access USA Realty, Inc website. You may not use the Access USA Realty, Inc website, or any other content appearing on the Access USA Realty, Inc website, on or in connection with any other website, for any purpose.

7. Website Content. Access USA Realty, Inc provides a variety of information and a number of tools on its website to assist you. Client comments and feedback posted on the Consumer Blog and Consumer Home Feedback (collectively referred to herein as the "Consumer Comment Section") portions of the Access USA Realty, Inc website are from our clients who have elected to post feedback or an opinion on the Access USA Realty, Inc website. While these comments are available to those wishing to view them, they do not reflect Access USA Realty, Inc's opinion nor does Access USA Realty, Inc endorse or guarantee the accuracy of the statements in any such posting. Clients should be aware that Access USA Realty, Inc does not contribute to the content contained in the Consumer Comment Section, and only offers the Consumer Comment Section as a forum for discussion among third parties.

8.

Website Content Submission.

 

8.1 By contributing or submitting any content to be posted on the Consumer Comment portion of the Access USA Realty, Inc website, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Access USA Realty, Inc a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Access USA Realty, Inc, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Access USA Realty, Inc reserves the right to change, condense or delete any content on the Access USA Realty, Inc website that Access USA Realty, Inc deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

 

8.2 You agree that you shall not post any information:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • 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);
  • 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;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references addresses, email addresses, contact information or phone numbers;
  • or that contains any computer viruses, worms or other potentially damaging computer programs or files.

 

8.3 You retain all ownership rights to information, text, graphics, or other materials you publish on the Access USA Realty, Inc website. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same.

9. Other Rules. You agree to comply with Access USA Realty, Inc's Site Rules, which are incorporated into this Agreement, and with all laws and regulations applicable to your access and use of Access USA Realty, Inc's website and publishing your content. You may not harvest personal data (including email addresses) from the Access USA Realty, Inc website, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Access USA Realty, Inc has no obligation to monitor your access to or use of the Access USA Realty, Inc website, but has the right to do so for the purpose of operating the Access USA Realty, Inc website, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the Access USA Realty, Inc website or collect information from it.

10. No Warranty. Access USA Realty, Inc 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.

11. Limitation of Liability. To the extent permitted by applicable law, neither Access USA Realty, Inc 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 Access USA Realty, Inc has been advised of the possibility of such damages.

12. Indemnity. By choosing to use the Access USA Realty, Inc website, you agree to indemnify Access USA Realty, Inc, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through Access USA Realty, Inc; or of your use of or connection to the Access USA Realty, Inc website; your violation of the User Agreement; or, your violation of any rights of another.

13. Integration. This Agreement, Access USA Realty, Inc's Site Rules (which is incorporated herein by reference) constitute the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.

14. Acknowledgement of Consumer-Broker Relationship. By agreeing to these Terms of Use, Client acknowledges entering into a lawful consumer-broker relationship as may be defined under state law.

15. Agreement to Terms. By agreeing to these Terms of Use, User acknowledges that they have read this Agreement and the Access USA Realty, Inc Site Rules and agree with the terms set forth therein.

16.

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.

 

Access USA Realty's Agent for notice of claims of copyright or other intellectual property infringement may be reached in the following ways:
By mail: Access USA Realty Inc., 6424 University Blvd., Tamarac, FL, 33321
By phone: 954) 720-7200
By email: support@accessusarealty.com