1. WHO CAN USE THE SERVICES?
To use the Services, you must be: (i) at least 18 years old, and (ii) a resident of the United States. Minors (persons under the age of 18) are not eligible to use the Services unsupervised and we ask that minors do not register, access or use the Site or submit any personal information to us. By using the Services unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
Unless you are a licensed real estate broker or agent (a “Broker”) 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. Use by real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client. Without limitation, lending professionals and institutions are prohibited from using information provided by Movsi through the Services in making any loan-related decisions. 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, without limitation, retail and office properties, timeshares, and vacation rentals. Subject to the restrictions set forth in this Agreement, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or email such information.
If you plan to use the Site to list your home for sale, please note the additional restrictions and obligations with respect to your use of the Services described in Section 19 below.
2. INFORMATIONAL PAMPHLET
You hereby acknowledge receipt of the pamphlet entitled The Law of Real Estate Agency, which appears in its entirety below and also will be emailed to you at the email address that you provide to us.
3. DISCLAIMER OF AGENCY RELATIONSHIP
Certain Movsi representatives are licensed real estate brokers in the state of Washington. Movsi, however, does not broker real estate transactions. You acknowledge that Movsi does not act as a real estate agent for you or any other user and specifically disclaim any agency relationship with Movsi. Movsi does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, Movsi 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.
4. LICENSE AND ADDITIONAL USE RESTRICTIONS
Movsi may, from time to time in its sole discretion and without notice, modify, update, or discontinue the Services. Any unauthorized use of the Services terminates the permission or license granted to you by Movsi. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Movsi, its affiliates, or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Movsi logo or other proprietary graphic or trademark as part of the link, or for any other purpose, without Movsi’s express prior written consent.
5. YOUR ACCOUNT; COMMUNICATIONS FROM MOVSI
If you become a member user of the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to use a secure password. You also agree to accept responsibility for all activities related to the Services that occur through your account and password. Movsi reserves the right to refuse service, terminate accounts, and remove or edit content at its sole discretion.
For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about homes you might be interested in), you agree that Movsi may communicate with you through the contact information associated with your Movsi account, including your email, mobile number, telephone, or the postal address you provide (if any). Movsi has no liability with respect to your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
6. REVIEWS, COMMENTS, AND OTHER CONTENT
Visitors may post content, and submit suggestions, ideas, questions, or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing upon intellectual property rights, or otherwise injurious to third parties. Also unacceptable are messages or other uploaded content that contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’ mailing. Any complaints concerning abusive postings can be submitted by clicking the following link: Contact Us.
If you do post content or submit material, and unless we indicate otherwise, you grant Movsi and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Movsi and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
Content regarding properties is derived from a number of sources, such as county real estate and property tax records. These sources are not necessarily accurate. By posting content regarding a property to the Site, you represent and warrant that you have reviewed all such content (whether supplied by you or suggested by Movsi from a compilation of third-party data) and that all such content is complete and accurate in all material respects. You further represent and warrant that you own or otherwise control all of the rights to the content that you post, that your use of the content does not violate the proprietary rights of any third parties and that use of the content you supply does not violate this Agreement. You shall indemnify and hold Movsi and its affiliates harmless from and against any and all causes of action, claims, costs, damages, demands, expenses (including reasonable legal expenses), liabilities and suits arising from content you supply, including, without limitation, claims alleging misrepresentation about any aspect of a property. Movsi has the right, but not the obligation, to monitor and edit or remove any activity or content. Movsi takes no responsibility and assumes no liability for any content posted or provided by you or any third party.
Movsi does not endorse, support or guarantee the truthfulness, accuracy or reliability of any opinions expressed by users of the Services. You acknowledge that any reliance on such information will be solely at your own risk.
7. COPYRIGHT COMPLAINTS
Movsi and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Movsi by clicking the following link: Contact Us.
8. CONTENT AND OTHER INFORMATION
The Site attempts to be as accurate as possible. However, Movsi does not warrant that home descriptions, pricing, editorial commentary or any other content included within the Services is accurate, complete, reliable, current, or error-free. Although Movsi attempts to provide information that is useful, Movsi cannot insure the accuracy of all of the information at all times, and you should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. Movsi assumes no liability for inaccuracies in its search results, editorial content, or other content on the Site.
9. ADVERTISING; LINKS TO OTHER SITES
10. INTELLECTUAL PROPERTY
All content on the Site, including but not limited to editorial articles and guides, company background information, emails, user reviews, instructional videos, search results, and other data compilations, as well as graphics, logos and software, is the property of Movsi or its content or software suppliers, and is protected by United States and international copyright laws.
Except as otherwise expressly provided in this Agreement, no content may be copied without the expressed written permission of Movsi, which reserves all rights. The compilation of all content on the Site is the exclusive property of Movsi and protected by U.S. and international copyright laws. Copying or adapting the HTML that Movsi creates to generate its pages is prohibited. The HTML code also is covered by Movsi’s copyright.
Among the trademarks, service marks and trade dress owned by Movsi are: the company name, the Movsi character, company logos, and the “look” and “feel”, including the color combinations, button shapes, layout, and all graphical elements of the Site. Any use of Movsi’s trademarks, including company logos, requires Movsi’s permission. Please direct your inquiries by clicking the following link: Contact Us.
Movsi’s trademarks and trade dress may not be used in connection with any product or service that is not Movsi’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Movsi. All other trademarks not owned by Movsi or its affiliates that appear on the Site are the property of their respective owners, who may or may not be connected to, or sponsored by Movsi or its affiliates.
Movsi does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. You agree to not send any original creative artwork, samples, demos, or other works to Movsi or any of its principals, agents, or representatives. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Movsi’s Services or marketing strategies might seem similar to ideas submitted to Movsi. If, despite our requirement that you not send us your ideas and materials, you still send them, please understand that Movsi makes no assurances that your ideas and materials will be treated as confidential or proprietary.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED BY MOVSI ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOVSI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. IN ADDITION, SOME OF THE MATERIAL ON THE SITE IS PROVIDED BY THIRD PARTIES; MOVSI SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOVSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. MOVSI DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM MOVSI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL MOVSI BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (I) BREACH OF CONTRACT, (II) BREACH OF WARRANTY, (III) NEGLIGENCE, OR (IV) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN ANY EVENT, UNDER NO CIRCUMSTANCE WILL MOVSI’S LIABILITY EXCEED THE SUM OF ANY PAYMENTS RECEIVED BY MOVSI FROM YOU.
IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS INCLUDED WITHIN THE SERVICES OR THIS AGREEMENT, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.
You agree to indemnify and hold harmless Movsi, its affiliates, and their respective directors, officers, employees, and agents from any and all causes of action, claims, costs, damages, demands, expenses (including reasonable legal expenses), liabilities and suits asserted by any third party due to or arising out of your breach of this Agreement, your use of the Services, your violation of any law or the rights of a third party, or any content or materials submitted through your user account on the Services or that you otherwise make available through the Services.
13. CHANGES; DISCONTINUANCE
Movsi reserves the right to change the terms of this Agreement at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of this Agreement to the Site. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of any changes to this Agreement. You are responsible for regularly reviewing this Agreement. Movsi may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.
14. CHOICE OF LAW; DISPUTES
This Agreement is governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions.
Any claim or controversy arising out of or relating to the Services or to any acts or omissions for which you may contend Movsi is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. 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 arbitration shall be venued in Spokane, Washington. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Movsi. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Spokane, Washington. The arbitrator 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 an arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. Disputes will be barred from arbitration if such Disputes would be barred in a litigation proceeding under applicable statutes of limitation or repose.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Movsi, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Spokane, Washington. If either party employs attorneys to enforce any right in connection with any Dispute, arbitration proceeding, or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
You release Movsi, 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."S
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Movsi may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Services. Any purported assignment, transfer, or sublicense by you will be void. Movsi’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Movsi with respect to the Services and supersedes all prior or contemporaneous communications of any kind between you and Movsi with respect to the Services. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
17. EQUAL HOUSING OPPORTUNITY
We are dedicated to the achievement of equal housing opportunity throughout the United States. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
18. USE OF MOVSI FORMS
As part of the Services, Movsi may provide to users of the Site certain form contracts, agreements, disclosures, addenda, and other transaction documents, including, without limitation, the Movsi Initial Offer Sheet, purchase and sale agreement, and related addenda (the “Required Transaction Materials”). You agree to not submit to the Site or otherwise utilize any form contracts, agreements, disclosures, addenda, or transaction documents other than the Required Transaction Materials in connection with your use of the Services. You do not have any right to use the Required Transaction Materials except in connection with the Services and you agree that you will not use the Required Transaction Materials for any other purpose.
19. SELLER ELECTIONS
If you use the Site to list your home for sale, you acknowledge and agree that you have elected and directed us to (i) submit on your behalf a property listing information sheet to one or more applicable multiple listing services (each, a “MLS”), (ii) provide you with a set of transaction documents for your consideration, which may include documents that are not part of a standard MLS document set, (iii) make arrangements on your behalf with a title company and escrow company for a preliminary commitment for title insurance and escrow services and (iv) provide you with a Bluetooth ® portable lock box (the “Lock Box”) that may be different than the lockboxes typically utilized for other properties listed in a MLS. With respect to the Lock Box, we will provide the Lock Box to you so that you can facilitate visits to and inspections of your home by prospective purchasers. We also may assist in coordinating viewings of your home. You agree to return the Lock Box to us promptly following our request, in the same condition as received. If you fail to return the Lock Box to us, or return the Lock Box to us in a damaged condition, you will be solely responsible for any costs incurred by Movsi to repair or replace the same. Your use of the Lock Box, which is manufactured by an unaffiliated third party, will be subject to the terms and conditions of this Agreement, including, without limitation, the provisions of Section 10 above (e.g., we do not make any representations, or provide any warranties, with respect to the Lock Box).
Collection of Information:
Movsi collects information from users of the Site via two principal methods:
Cookies and IP Address Logging
First, Movsi logs user IP addresses and uses “cookies” for site statistics. These practices allow Movsi to better understand, in aggregate, the preferences of its consumers and thereby create new services that better serve these preferences.
A cookie is a small electronic file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your computer. You can reset your browser to decline cookies or to provide a notification when a cookie will be placed on your computer. Although you are free to disable cookies on your browser, we recommend that you leave cookies activated to ensure that all features of the Site are available to you.
Second, from time to time, Movsi may ask users, on a completely voluntary basis, to share personal information when filling out optional online surveys offered through the Site.
Sharing of Information
[OPTION #1: Movsi takes your privacy extremely seriously. Thus, Movsi has a strict policy against sharing individual user data with third parties, except in certain select instances. Movsi may disclose or exchange user information when required by law, or, if necessary, to protect the rights or property of Movsi or users of the Site.]
[OPTION #2: We share your information with Movsi personnel in the normal course of business. We also share some of your information with certain third party partners who support and promote our Site.]
Some areas of the Site are powered by third parties. These web pages, while having the Movsi “look and feel,” reside on the third party’s server and are governed by the privacy policies of such third party.
Movsi has security measures in place to protect against the loss, misuse, and unauthorized alteration of the information under its control.
We communicate with account holders and other users of the Site about their accounts, home tours, and other matters by email. If you want to stop receiving email from us, please delete your account.
Compliance with COPAA
The Site and our Services are meant for adults. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can contact us by clicking the following link: Contact Us. Please mark your inquiries "COPPA Information Request."