Last Updated: June 27, 2004

"US Preferred Realty" means US Preferred Realty, the Internet real estate service operated by US Preferred Realty, Inc., an Arizona 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 US Preferred Realty.

"Website" means the US Preferred Realty Internet website currently located at the URL address www.uspreferredrealestate.com.

Terms of Use

1. The User must be a prospective purchaser or seller of real property in the geographic areas where US Preferred Realty is licensed and operating with a bona fide interest in the purchase or sale of such real property.
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 US Preferred Realty.
3. To register as a Client, the User must be eighteen (18) years of age or older.
4. 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 US Preferred Realty by telephone, facsimile, e-mail or chat before that User may access any password protected material including house listing data or other data compilations. US Preferred Realty reserves the right to deny or terminate access to any Real Estate Agent at its discretion.
5. 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.
6. The Client must provide their own access to the World Wide Web ("www") and pay any fees associated with such access.
7. Client represents and warrants that he/she has not signed any agreement with a real estate agent or agency that would prevent the client from using US Preferred Realty as his or her sole and exclusive agent. Client does not have a contract or agreement with another real estate agent or agency such as a listing agreement or a buyer broker agreement.
8. 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.
9. 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 US Preferred Realty.
10. Client agrees to abide by all copyright restrictions placed on the content of the US Preferred Realty site including, but not limited to, any material or data compilations where US Preferred Realty, Inc. or others hold the copyright.
11. The Client agrees that US Preferred Realty, and it’s Agents, may also represent other prospective buyers seeking to purchase properties that may meet Client's criteria.
12. To the fullest extent permitted by law, the service is provided "as is," without warranty or representation of any kind, either express or implied, as to (1) the operation of the Website, (2) the information, data, services, or products provided through or in connection with this service or (3) the ability, quality or reliability of any third party service provider accessed through or in conjunction with the use of this service.
13. US Preferred Realty 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.
14. Client authorizes US Preferred Realty 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.
15. Neither US Preferred Realty 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 US Preferred Realty has been advised of the possibility of such damages;
16. Some states do not allow the exclusion or limitation of liability for damages. Therefore, the above limitations may not apply to you. In such states, the respective liability of US Preferred Realty, its officers, directors, investors, employees, contractors, agents, successors, assigns and affiliates is limited to the greatest extent permitted by such states' laws;
17. Client agrees to immediately notify US Preferred Realty in the event that the Client enters into agreement with another broker.
18. US Preferred Realty 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, tortuous, defamatory, libelous, invasive, hateful, abusive or otherwise objectionable language, behavior or conduct in any manner towards any US Preferred Realty employee, agent, contractor or customer, on the Website, in emails, in telephone conversations or messages, in writing, or in person. Additionally, US Preferred Realty reserves the right to refuse to do business with any person in US Preferred Realty's discretion, consistent with local, state and federal fair housing and other laws.
19. By agreeing to the Terms of Use, Client understands that the relationship created between US Preferred Realty and the Client shall be governed by the laws of the State of Arizona and that any action relating to such relationship will be brought in the courts of Maricopa County, AZ.
20. By agreeing to these Terms of Use, Client acknowledges entering into a lawful consumer-broker relationship as may be defined under state law.
21. By agreeing to these Terms of Use, User acknowledges that they have read the US Preferred Realty Privacy Policy and agree with its terms.