Last Updated: May 9, 2010
By registering on the ManRealty.com Website (as defined below), you are acknowledging and accepting these Terms of Use. ManRealty.com may from time-to-time revise these Terms of Use, and the date of last revision will be available at the top of this page, so please be sure to check back periodically. Your continued use of the Website after changes have been posted to these Terms of Use will constitute your acceptance of such changes.
Definitions of Terms
"ManRealty.com" means ManRealty.com, the Internet real estate service operated by Man Investment Group, Inc., a California 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" or "Clients" means a User/s that has/have completed the registration process and has/have 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" or "Users" means a person/s who is/are either a Buyer or a Seller who accesses the Website and/or otherwise utilizes the services of ManRealty.com.
"Website" means the ManRealty.com Internet website currently located at the URL address www.manrealty.com.
"Consumer Home Feedback" is a feature on the ManRealty.com Website where Clients can post comments about properties for sale on the ManRealty.com Website.
"Community" is a feature on the ManRealty.com Website where Clients and certain ManRealty.com Agents and employees can ask and answer questions and post comments on topics relating to residential real estate.
"Consumer Comment Features" means the Consumer Home Feedback feature together with the Community feature on the ManRealty.com Website.
"Consumer Comment Guidelines" means the rules, together with these Terms of Use, that govern the use of the Consumer Comment Features.
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 ManRealty.com Website agree to the following:
2.1 The User must be a prospective purchaser or seller of real property in the geographic areas where ManRealty.com 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 ManRealty.com.
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 ManRealty.com by telephone, facsimile, email or chat before that User may access any password protected material including house listing data or other data compilations. ManRealty.com reserves the right to deny or terminate access to any Real Estate Agent at its discretion.
2.4 As identified above, your continued use of the Website after changes have been posted to these Terms of Use will constitute your acceptance of such changes.
3. Client Agreements and Representations. ManRealty.com Clients agree to the following:
3.1 Client agrees to provide his/her own access to the World Wide Web 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 ManRealty.com as his or her sole and exclusive agent. Client does not have a contract or agreement with any third party that would interfere with ManRealty.com'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 ManRealty.com.
3.5 Client agrees to abide by all copyright restrictions placed on the content of the ManRealty.com Website including, but not limited to, any material or data compilations where ManRealty.com 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 ManRealty.com 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 ManRealty.com in the event that the Client enters into agreement with another broker.
3.9 Client agrees to comply with ManRealty.com's Consumer Comment Guidelines when utilizing the Consumer Comment Features. The Consumer Comment Guidelines are located at http://www.Manrealty.com/footer_pages/site_rules.jsp and are made part of these Terms of Use and expressly incorporated herein by this reference.
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. ManRealty.com 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 ManRealty.com Agent, employee, agent, contractor or customer, on the Website, in emails, in telephone conversations or messages, in writing, or in person. Additionally, ManRealty.com reserves the right to refuse to do business with any person in ManRealty.com'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 these Terms of Use. All right, title, and interest in and to the ManRealty.com Website and any other content appearing on the ManRealty.com Website, will remain the exclusive property of ManRealty.com and its licensors. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the ManRealty.com Website, or any other content appearing on the ManRealty.com Website. You may not copy or modify the HTML code used to generate web pages on the ManRealty.com Website. You may not use the ManRealty.com Website, or any other content appearing on the ManRealty.com Website, on or in connection with any other website, for any purpose.
7. Website Content. ManRealty.com provides a variety of information and a number of features on its Website to assist you. The Consumer Home Feedback is a feature on the ManRealty.com Website where Clients can post comments about properties for sale. While these Client comments are available in the Consumer Home Feedback to those wishing to view them, Client comments do not reflect ManRealty.com's opinion nor does ManRealty.com endorse or guarantee the accuracy of Client comments in any such posting. Clients should be aware that ManRealty.com does not contribute to the Client content contained in the Consumer Home Feedback, and only offers the Consumer Home Feedback as a forum for discussion among third parties.
The Community is an online community on the ManRealty.com Website where Clients and certain ManRealty.com Agents and employees can ask and answer questions or post comments on topics relating to residential real estate. While Client comments are available in the Community to those wishing to view them, Client comments do not reflect ManRealty.com's opinion nor does ManRealty.com endorse or guarantee the accuracy of Client comments in any such Client posting.
8. Website Content Submission.
8.1 By contributing or submitting any content to be posted on the Consumer Comment Features of the ManRealty.com Website, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant ManRealty.com 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. You grant to ManRealty.com perpetual electronic publishing rights for all your content posted on the Consumer Comment Features. 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 ManRealty.com, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. ManRealty.com reserves the right to change, condense or delete any content on the ManRealty.com Website that ManRealty.com deems, in its sole discretion, to violate the Consumer Comment Guidelines or any other provision of these Terms of Use.
8.2 You also agree that you shall not post any information or content:
a. that is known by you to be false, inaccurate or misleading;
b. that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. 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);
d. 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;
e. for which you were compensated or granted any consideration by any third party;
f. that includes any information that references addresses, email addresses, contact information or phone numbers, except as expressly permitted in the Consumer Comment Guidelines;
g. or that contains any computer viruses, worms or other potentially damaging computer programs or files.
9. Client Opt Out. ManRealty.com Clients who do not want their properties to be linked to the ManRealty.com Consumer Home Feedback feature can opt out of having this link shown for their property by taking the following steps: Send an email to clientratings@Manrealty.com and state that you do not want your listing to be eligible for Consumer Home Feedback.
10. Other Rules. You agree to comply with ManRealty.com's Consumer Comment Guidelines and with all laws and regulations applicable to your access and use of ManRealty.com's Website and publishing your content. You may not harvest personal data (including email addresses) from the ManRealty.com 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 these Terms of Use. You acknowledge that ManRealty.com has no obligation to monitor your access to or use of the ManRealty.com Website, but has the right to do so for the purpose of operating the ManRealty.com Website, to ensure your compliance with these Terms of Use, 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 ManRealty.com Website or collect information from it.
11. No Warranty. ManRealty.com 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.
12. Limitation of Liability. To the extent permitted by applicable law, neither ManRealty.com 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 ManRealty.com has been advised of the possibility of such damages.
13. Indemnity. By choosing to use the ManRealty.com Website, you agree to indemnify ManRealty.com, its ManRealty.com Agents, 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 ManRealty.com; or of your use of or connection to the ManRealty.com Website; your violation of these Terms of Use and/or the Consumer Comment Guidelines; or, your violation of any rights of another.
14. Integration. These Terms of Use constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters.
15. 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.
16. Agreement to Terms. By agreeing to these Terms of Use, Client and/or User acknowledge that they have read these Terms of Use and agree with the terms set forth therein.
17. 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.
ManRealty.com's Agent for notice of claims of copyright or other intellectual property infringement may be reached in the following ways:
By mail: ManRealty.com, 119 South Atlantic Blvd., Suite 303, Monterey Park, CA, 91754
By phone: (626) 872-0608
By email: team@Manrealty.com