Agent Aquarium Disclaimer
By accessing this Web site you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaims warranties and liability. These provisions form an essential basis of the agreement between you and Agent Aquarium. Read these provisions carefully and print out a copy for your records.
If you are a registrant of Agent Aquarium, you also agree to the MLS Terms of Use.
1. Terms and Conditions for Website Users
Cookies: By using the Web site and inputting personal information the user understands that he or she may acquire cookies or other computer files that Agent Aquarium uses to identify users.
We currently collect information such as pages visited, search parameters, and property information to supplement our records and help us learn what pages are most attractive to our customers, which of our features most interest our customers, and what kinds of homes and information our customers like to see.
Google Analytics: Our website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on its servers. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Google Maps: Our site features Google Maps, please review their privacy policy, legal notices and terms of use.
2. Information Sharing/Reselling
By using the Web site and inputting personal information the user understands that Agent Aquarium will use such information for internal purposes and with your permission or upon your request may also provide that information to affiliated companies or persons. Agent Aquarium takes care to see that user information is not transmitted to unauthorized persons or the general public but is not liable for such information transmission due to theft, hacking or software errors.
3. Information Aggregation
Agent Aquarium is not responsible for any errors in displayed information or delays in displaying information. All information on the Web site is either transmitted to Agent Aquarium from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Agent Aquarium by sending feedback but it is likely that such information accuracy cannot be corrected by Agent Aquarium and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the 3rd party listing agent under our terms with the MLS..
4. Webscraping of Listing & Property Data Is Not Allowed
Crawling the Agent Aquarium.com and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Agent Aquarium.
5. Forums
Any opinions, advice, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not Agent Aquarium. In many instances, the content available through this site represents the opinions and judgments of the respective information providers or users. Agent Aquarium does not endorse, and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the site by any third party.
6. Links
Links provided on this Web site are put there for the user's convenience. Links may be directed to third-party content, meaning that Agent Aquarium has no control over what is actually posted at the destination sites. Agent Aquarium does not endorse or promote or sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be in error or objectionable to a user, send feedback so that Agent Aquarium can review the content and make changes to links where necessary.
7. Registering an Account on Agent Aquarium.com
By registering for an Agent Aquarium account you are agreeing to the following terms and conditions. Your agreement to these terms does not require you to work with Agent Aquarium.
• Any information you obtain from the Agent Aquarium website is intended for your personal, non-commercial use.
• You have a bona fide interest in the purchase, sale, or lease of real estate on the Agent Aquarium website.
• You will not copy, redistribute, or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property or search for a real estate agent.
• You acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and you acknowledge the validity or the MLSs copyright to such data.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. You certify that you will not upload or post inappropriate content such as profanity, obscenity, libelous content, etc.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). The most common public uses for content today are in the user forums and paired with a public review left by you for a particular agent.
8. Real Estate Services
Agent Aquarium is a local and licensed real estate brokerage company operating in Texas. Web site users may make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making such requests, the Web site user authorizes Agent Aquarium to share the user's personal information including their home search history, favorites and saved searches to a real estate professional in order to satisfy the user's request. When Web site users make such requests to Agent Aquarium they are extending an express invitation for Agent Aquarium, or another appropriate entity or person, to contact the user.
9. Disclaimers and Limitations on Liability
Agent Aquarium intends that the information contained in this Web site be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Agent Aquarium at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS" AND “AS AVAILABLE.” AGENT AQUARIUM AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR AGENT AQUARIUM 'S SERVICES IS AT YOUR OWN RISK. AGENT AQUARIUM AND/OR IT SUPPLIERS OR REAL ESTATE PROFESSIONAL DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, NOR THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. AGENT AQUARIUM AND/OR ITS SUPPLIERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR AGENT AQUARIUM’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AGENT AQUARIUM AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
9.1 Indemnity
By using this Web site the user agrees to indemnify Agent Aquarium and its suppliers and real estate professionals from and against any and all liabilities and expenses and damages arising out of the users use of the Web site. Users may not use this Web site for illegal, harassing, unethical, or disruptive purposes.
9.2 Dispute Resolution Process
Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by Agent Aquarium, or to any acts or omissions for which you may contend Agent Aquarium 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 venue for arbitration shall be Austin, Texas. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by Agent Aquarium. 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 arbitrators may be entered in any court of competent jurisdiction in Austin, Texas. The arbitrators 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.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND AGENT AQUARIUM WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Agent Aquarium's goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Agent Aquarium, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Austin, Texas. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
